SUBDIVISION REGULATIONS

Subdivision (or land division) regulations provide the procedures and standards for dividing a large parcel of land into smaller parcels for sale and development. Subdivision regulations require a developer to meet certain conditions in order to record a plat.

As with zoning, subdivision regulation is a land use control used to carry out a community’s plan. However, the regulations governing the division of land are different from zoning regulations in two primary areas.

First, while zoning regulations are meant to control the use of property, subdivision regulations address the quality of development (the availability of public services, services the subdivider must provide, the layout of the site, etc.). The way in which lands are divided plays a key role in the orderly development of a community. Properly administered subdivision regulations can be more useful in achieving planning goals than zoning ordinances.

The impact of subdivision regulations is more permanent than zoning. Once land is divided into lots and streets are laid out, development patterns are set. Subdivision control ordinances often give a community its only opportunity to ensure that new neighborhoods are properly designed. Failure to plan for the subdivision of land is felt in many areas such as tax burdens, the high cost of extending utilities, street and traffic problems, overcrowded schools, health hazards caused by waste water treatment systems unsuited to a particular area, and a loss of a sense of community.

Second, the requirements and procedures for regulating subdivisions provided under the Wisconsin Statutes are very different from the statutory requirements for zoning. Though it has three separate zoning enabling laws for cities/villages, towns, and counties (discussed in Chapter 5), Wisconsin has only one local enabling law for local subdivision regulation. That law is found in Chapter 236 of the Wisconsin Statutes. This single enabling law provides the authority to adopt subdivision regulations is very different from the authority for zoning. For example, as discussed later in this chapter, towns do not need county approval to adopt subdivision regulations. Likewise, counties do not need town approval for the county subdivision regulations to apply within that town.

However, the line between zoning and the regulation of subdivisions is not always clear. For example, both zoning and subdivision regulations address issues of lot size. Planned unit developments also frequently combine elements of zoning and subdivision regulation. This overlap is often a source of confusion especially because of the lack of uniformity between the subdivision enabling legislation and the zoning enabling legislation. There is no hierarchy of land use controls. Zoning does not take priority over the subdivision process or vice versa. Development approval must often proceed on two tracks: zoning approval and subdivision approval.

To be effective, subdivision regulations must be integrated with other local government plans, policies, and ordinances. Communities need to make sure that the requirements of their zoning ordinances are consistent with the requirements of their subdivision regulations. Subdivision regulations also need to be coordinated with official maps and capital improvement plans and policies. A solid community planning process can help ensure that all plan implementation tools are working consistently to achieve the community’s objectives.