Wisconsin Statutes

Wis. Stat. § 236.02 (2026)

Definitions

✓ current as of July 2026

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236.02236.02 Definitions. In this chapter, unless the context or subject matter clearly requires otherwise:

236.02(1)(1) “Alley” means a public or private right-of-way shown on a plat, which provides secondary access to a lot, block or parcel of land.

236.02(2)(2) “Copy” means a true and accurate copy of all sheets of the original subdivision plat. Such copy shall be on durable white matte finished paper with legible dark lines and lettering.

236.02(2m)(2m) “Correction instrument” means an instrument drafted by a professional land surveyor that complies with the requirements of s. 236.295 and that, upon recording, corrects a subdivision plat or a certified survey map.

236.02(3)(3) “County planning agency” means a rural county planning agency authorized by s. 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.69 or any agency created by the county board and authorized by statute to plan land use.

236.02(4)(4) “Department” means the department of administration.

236.02(5)(5) “Extraterritorial plat approval jurisdiction” means the unincorporated area within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

236.02(6)(6) “Municipality” means an incorporated city or village.

236.02(7)(7) An “outlot” is a parcel of land, other than a lot or block, so designated on the plat.

236.02(8)(8) “Plat” is a map of a subdivision.

236.02(9)(9) “Preliminary plat” is a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

236.02(9b)(9b) “Professional land surveyor” means a professional land surveyor licensed under ch. 443.

236.02(9c)(9c) “Record” means, with respect to a final plat or a certified survey map, to record and file the document with the register of deeds.

236.02(9m)(9m) “Recorded private claim” means a claim of title to land based on a conveyance from a foreign government made before the land was acquired by the United States.

236.02(11)(11) “Replat” is the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat.

236.02(12)(12)

236.02(12)(am)(am) Except as provided in par. (bm), “subdivision” means a division of a lot, parcel, or tract of land by the owner thereof or the owner’s agent for the purpose of sale or of building development and to which any of the following applies:

236.02(12)(am)1.1. The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area.

236.02(12)(am)2.2. Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of 5 years.

236.02(12)(bm)(bm) “Subdivision” does not include a division of land into 5 or more parcels or building sites by a certified survey map in accordance with an ordinance enacted or a resolution adopted under s. 236.34 (1) (ar) 1.

236.02(13)(13) “Town planning agency” means a town zoning committee appointed under s. 60.61 (4) (a) or any agency created by the town board and authorized by statute to plan land use.

236.02 HistoryHistory: 1979 c. 221; 1979 c. 233 s. 8; 1979 c. 248 ss. 2, 25 (4); 1979 c. 361; 1983 a. 189, 473, 532, 538; 1985 a. 29; 1987 a. 399; 1993 a. 490; 1995 a. 27 ss. 6307m, 6308, 9116 (5); 1995 a. 201; 1997 a. 27; 1999 a. 96; 2001 a. 16; 2013 a. 272, 358.

236.02 AnnotationThis chapter does not authorize the Department of Transportation to regulate land divisions that are not subdivisions within the meaning of sub. (12). Wisconsin Builders Ass’n v. DOT, 2005 WI App 160, 285 Wis. 2d 472, 702 N.W.2d 433, 04-2388.

236.02 AnnotationSub. (12) was not applicable to determining whether a condominium parcel met the minimum lakeshore frontage requirement of a zoning ordinance as: 1) the declaration of condominium was not a subdivision of land, as defined in this chapter; and 2) even if this chapter were used by analogy, the determination of lot sizes under sub. (12) refers to lot area and not lot width or lakeshore frontage. A subdivision under this chapter requires a division of land. A condominium declaration changes the form of ownership and is not a division of land. FAS, LLC v. Town of Bass Lake, 2007 WI 73, 301 Wis. 2d 321, 733 N.W.2d 287, 05-1689.

236.02 AnnotationIn determining lot sizes under sub. (8) [now sub. (12)], the lots may not extend across navigable waters or public easements of passage, nor include any land whose servitude is inconsistent with its integrated functional use and unified ownership. 66 Atty. Gen. 2. But see FAS, LLC v. Town of Bass Lake, 2007 WI 73, 301 Wis. 2d 321, 733 N.W.2d 287, 05-1689.

236.02 AnnotationThis chapter does not require a replat when the division of a lot or redivision of more than one lot does not meet the definition of a “subdivision” under this section. 67 Atty. Gen. 121.

236.02 AnnotationCertified survey maps under s. 236.34 cannot substitute for subdivision surveys under sub. (8) [now sub. (12)]. Penalties under s. 236.31 apply to improper use of certified surveys. 67 Atty. Gen. 294.

Notes of Decisions

Cited in 23 cases (5 in the last 5 years), 1981–2023 · leading case: FAS, LLC v. Town of Bass Lake, 2007 WI 73 (Wis. 2007).

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FAS, LLC v. Town of Bass Lake, 2007 WI 73 (Wis. 2007). · cites it 18× “The 1977 opinion discussed the proper calculation of land area for purposes of applying what was at that time Wis. Stat. § 236.02 (8) (1977-78), renumbered as § 236.”

Wood v. City of Madison, 2003 WI 24 (Wis. 2003). · cites it 15× “Extraterritorial plat approval authority is presently found in Wis. Stat. §§ 236.02 (5), 236.10(1)(b), and 236.”

Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 503 N.W.2d 265 (Wis. Ct. App. 1993). · cites it 6× “, requires that any subdivision, as defined in sec. 236.02(12), Stats., 8 shall be surveyed *85 and a plat thereof approved and recorded as required by chapter 236.”

Lake Delavan Prop. Co. v. City of Delavan, 2014 WI App 35 (Wis. Ct. App. 2014). · cites it 4× “Wis. Stat. §§ 236.02 (5), 62.05(l)(d). It is undisputed that at the time of purchase, the land was zoned residential by Walworth County.”

Busse v. City of Madison, 503 N.W.2d 340 (Wis. Ct. App. 1993). · cites it 8× “" Section 236.02(9), Stats. The idea behind the preliminary plat procedure is to allow the subdivider to submit a tentative plat to the approving authority to learn what objections the authority may have.”

Rice v. City of Oshkosh, 435 N.W.2d 252 (Wis. 1989). · cites it 4× “[3] Section 236.02(5), Stats., states: Definitions.”

Hoepker v. City of Madison Plan Comm'n, 563 N.W.2d 145 (Wis. 1997). · cites it 2× “3 Wis. Stat. § 236.02 (5) states: " 'Extraterritorial plat approval jurisdiction' means the unincorporated area within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.”

Herman v. Cnty. of Walworth, 2005 WI App 185 (Wis. Ct. App. 2005). · cites it 2× “236 is inapplicable because the Gramses' conditional use permits do not contemplate the subdivision of land as defined in Wis. Stat. § 236.02 (12): *457 "Subdivision" is a division of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of…”

City of Mayville v. DOA, 2021 WI 57 (Wis. 2021). “§ 236.02 (5) and Wis. Stat. § 236.10 (1)(b).”

Wisconsin Builders Ass'n v. Wisconsin Dep't of Transp., 2005 WI App 160 (Wis. Ct. App. 2005). · cites it 11× “236 does not authorize DOT to regulate land divisions that are not subdivisions within the meaning of Wis. Stat. § 236.02 (12) 2 and no other statute relied on by DOT grants this authority.”

Town of Sun Prairie v. Storms, 327 N.W.2d 642 (Wis. 1983). “Sec. 236.02(3), Stats. 6 Introductory Commentary to ch.”

KW HOLDINGS, LLC v. Town of Windsor, 2003 WI App 9 (Wis. Ct. App. 2002). · cites it 2× “Under Wis. Stat. § 236.02 (5), "extraterritorial plat approval jurisdiction" is defined as "the unincorporated area within 3 miles of the corporate limits of a first, second, or third class city, or lVz miles of a fourth class city or a village.”

Show all 23 citing cases →

— Wis. Stat. § 236.02(12) — 7 cases

FAS, LLC v. Town of Bass Lake, 2007 WI 73 (Wis. 2007). “The 1977 opinion discussed the proper calculation of land area for purposes of applying what was at that time Wis. Stat. § 236.02 (8) (1977-78), renumbered as § 236.”

Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 503 N.W.2d 265 (Wis. Ct. App. 1993). “, requires that any subdivision, as defined in sec. 236.02(12), Stats., 8 shall be surveyed *85 and a plat thereof approved and recorded as required by chapter 236.”

Wisconsin Builders Ass'n v. Wisconsin Dep't of Transp., 2005 WI App 160 (Wis. Ct. App. 2005). “236 does not authorize DOT to regulate land divisions that are not subdivisions within the meaning of Wis. Stat. § 236.02 (12) 2 and no other statute relied on by DOT grants this authority.”

Manthe v. Town Bd., 555 N.W.2d 167 (Wis. Ct. App. 1996).

Manthe v. Town Bd. of Town of Windsor, 555 N.W.2d 167 (Wis. Ct. App. 1996).

— Wis. Stat. § 236.02(12)(am) — 2 cases

Stephan B. Nordstrom v. Steven G. Kane, 2021 WI App 71 (Wis. Ct. App. 2021).

Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023).

— Wis. Stat. § 236.02(2)(d) — 1 case

Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023).

— Wis. Stat. § 236.02(3) — 3 cases

Town of Sun Prairie v. Storms, 327 N.W.2d 642 (Wis. 1983). “Sec. 236.02(3), Stats. 6 Introductory Commentary to ch.”

Brookhill Dev., Ltd. v. City of Waukesha, 307 N.W.2d 242 (Wis. 1981).

Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023).

— Wis. Stat. § 236.02(5) — 2 cases

Rice v. City of Oshkosh, 435 N.W.2d 252 (Wis. 1989). “[3] Section 236.02(5), Stats., states: Definitions.”

— Wis. Stat. § 236.02(6) — 1 case

Rogers Dev., Inc. v. Rock Cnty. Plan. & Dev. Comm., 2003 WI App 113 (Wis. Ct. App. 2003).

— Wis. Stat. § 236.02(8) — 4 cases

Michael Anderson v. Town of Newbold, 2019 WI App 59 (Wis. Ct. App. 2019).

Jack Kapinus v. Joseph Nartowicz (Wis. Ct. App. 2022).

Bruce Fuchs v. Wisconsin Dep't of Nat. Resources (Wis. Ct. App. 2023).

Schaetz v. Town of Scott, 585 N.W.2d 889 (Wis. Ct. App. 1998).

— Wis. Stat. § 236.02(9) — 2 cases

Busse v. City of Madison, 503 N.W.2d 340 (Wis. Ct. App. 1993). “" Section 236.02(9), Stats. The idea behind the preliminary plat procedure is to allow the subdivider to submit a tentative plat to the approving authority to learn what objections the authority may have.”

Wood v. City of Madison, 2003 WI 24 (Wis. 2003). “Extraterritorial plat approval authority is presently found in Wis. Stat. §§ 236.02 (5), 236.10(1)(b), and 236.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.