Wisconsin Statutes

Wis. Stat. § 236.10 (2026)

Approvals necessary

✓ current as of July 2026

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236.10236.10 Approvals necessary.

236.10(1)(1) To entitle a final plat of a subdivision to be recorded, it shall have the approval of the following in accordance with the provisions of s. 236.12:

236.10(1)(a)(a) If within a municipality, the governing body, but if the plat is within an area, the annexation of which is being legally contested, the governing bodies of both the annexing municipality and the town from which the area has been annexed shall approve.

236.10(1)(b)(b) Except as provided under s. 62.23 (7a) (am), if within the extraterritorial plat approval jurisdiction of a municipality:

236.10(1)(b)1.1. The town board; and

236.10(1)(b)2.2. The governing body of the municipality if, by July 1, 1958, or thereafter it adopts a subdivision ordinance or an official map under s. 62.23; and

236.10(1)(b)3.3. Subject to sub. (1m), the county planning agency if such agency employs on a full-time basis a professional engineer, a planner or other person charged with the duty of administering zoning or other planning legislation.

236.10(1)(c)(c) If outside the extraterritorial plat approval jurisdiction of a municipality:

236.10(1)(c)1.1. The town board; and

236.10(1)(c)2.2. Subject to sub. (1m), the county planning agency, if there is one.

236.10(1m)(1m)

236.10(1m)(a)(a) Except as provided in par. (b), a county planning agency under sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final plat of a subdivision that is located in a town that has, before the preliminary plat is submitted for approval, or before the final plat is submitted for approval if no preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35) withdrawing the town from county zoning and the county development plan.

236.10(1m)(b)(b) A county planning agency under sub. (1) (b) 3. or (c) 2. may object to any of the following portions of a subdivision that is located in a town described in par. (a):

236.10(1m)(b)1.1. Any portion of the subdivision that is shoreland, as defined in s. 59.692 (1) (b), in the county.

236.10(1m)(b)2.2. Any portion of the subdivision that is in a 100-year floodplain in the county.

236.10(2)(2) Except as provided under s. 62.23 (7a) (am), if a subdivision lies within the extraterritorial plat approval jurisdiction of more than one municipality, the provisions of s. 66.0105 shall apply.

236.10(3)(3) The authority to approve or object to preliminary or final plats under this chapter may be delegated to a planning committee or commission of the approving governing body. Final plats dedicating streets, highways or other lands shall be approved by the governing body of the town or municipality in which such are located.

236.10(4)(4) Any municipality, town or county may under s. 66.0301 agree with any other municipality, town or county for the cooperative exercise of the authority to approve or review plats. A municipality, town or county may, under s. 66.0301, agree to have a regional planning commission review plats and submit an advisory recommendation with respect to their approval. A municipality, town or county may agree with a regional planning commission for the cooperative exercise of the authority to approve or review plats only as provided under s. 66.0309 (11).

236.10(5)(5) Any municipality may waive its right to approve plats within any portion of its extraterritorial plat approval jurisdiction by a resolution of the governing body recorded with the register of deeds incorporating a map or metes and bounds description of the area outside its corporate boundaries within which it shall approve plats. The municipality may rescind this waiver at any time by resolution of the governing body recorded with the register of deeds.

236.10 HistoryHistory: 1979 c. 248; 1993 a. 301; 1999 a. 150 s. 672; 2015 a. 178; 2021 a. 198; 2023 a. 264.

236.10 AnnotationIn this case, the city improperly included lots not within its extraterritorial plat approval jurisdiction in the city’s calculation of fees assessed to a developer. Brookhill Development, Ltd. v. City of Waukesha, 103 Wis. 2d 27, 307 N.W.2d 242 (1981).

236.10 AnnotationSection 236.13 (2) (a) [now s. 236.13 (2) (am) 1. a.] does not restrict a town’s authority to impose public improvements as conditions for plat approval during a contested annexation. When a town is legally contesting the annexation, sub. (1) (a) requires both the annexing municipality and the town from which the area has been annexed to approve a final plat in accordance with s. 236.12. KW Holdings, LLC v. Town of Windsor, 2003 WI App 9, 259 Wis. 2d 357, 656 N.W.2d 752, 02-0706.

236.10 AnnotationArtificial Lakes and Land Subdivisions. Kusler. 1971 WLR 369.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1961–2023 · leading case: Wood v. City of Madison, 2003 WI 24 (Wis. 2003).

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Wood v. City of Madison, 2003 WI 24 (Wis. 2003). · cites it 12× “If multiple governing bodies or agencies with authority to approve or reject a plat have ordinances with conflicting requirements, the plat must comply with the most restrictive requirements.”

KW HOLDINGS, LLC v. Town of Windsor, 2003 WI App 9 (Wis. Ct. App. 2002). · cites it 31× “We conclude: (1) the preliminary plat was not unconditionally approved by operation of law; (2) under Wis. Stat. §§ 236.10 (l)(a) and 236.13(2)(a) (1999-2000), 1 Windsor has authority during a legal contest of the annexation to reject the final plat based on a failure to satisfy…”

Lake City Corp. v. City of Mequon, 558 N.W.2d 100 (Wis. 1997). · cites it 4× “§ 236.13 (1)(c). ¶ 28. However, in Wis. Stat. § 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× “Section 236.10(1), Stats. Section 236.10(l)(b), Stats.”

Lake Delavan Prop. Co. v. City of Delavan, 2014 WI App 35 (Wis. Ct. App. 2014). · cites it 2× “First, Wis. Stat. § 236.10 (l)(b) authorizes a municipality to exercise extraterritorial plat approval authority as set forth in Wis.”

State Ex Rel. Columbia Corp. v. Town Bd. of Town of Pac., 286 N.W.2d 130 (Wis. 1979). · cites it 3× “It contends that it has appropriately exercised the review power conferred upon it by sections 236.10 and 236.13(1) by determining- that the plats in question do not meet those standards.”

Brookhill Dev., Ltd. v. City of Waukesha, 307 N.W.2d 242 (Wis. 1981). · cites it 6× “For example, sec. 236.10(1), Stats., expressly designates the approvals necessary to entitle a final plat to be recorded: “236.”

City of Mayville v. DOA, 2021 WI 57 (Wis. 2021). “§ 236.10 (1)(b). Finally, cities and villages are permitted to annex "unincorporated territory which contains electors and is contiguous to a city or village.”

Busse v. City of Madison, 503 N.W.2d 340 (Wis. Ct. App. 1993). · cites it 2× “The City of Madison is the only approving authority, sec. 236.10(1)(b), Stats., which has rejected the River Ridge Run revised preliminary plat.”

State Ex Rel. Westbrook v. City of New Berlin, 354 N.W.2d 206 (Wis. Ct. App. 1984). · cites it 2× “The relevant portion of the applicable Wisconsin statutes and New Berlin ordinances pertaining to the platting of lands are as follows: Section 236.10. Approvals necessary. (1) To entitle a final plat of a subdivision to be recorded, it shall have the approval of the following…”

Gordie Boucher Lincoln-Mercury Madison Inc. v. J & H Landfill, Inc., 493 N.W.2d 375 (Wis. Ct. App. 1992). “See sec. 236.10, Stats., Dane County, Wis., Regulations §§ 75.”

Town of Delton v. Liston, 2007 WI App 120 (Wis. Ct. App. 2007). · cites it 2× “Wis. Stat. § 236.10 , Wis. Stat. § 236.45 (3); Wis.”

Show all 19 citing cases →

— Wis. Stat. § 236.10(1) — 2 cases

Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 503 N.W.2d 265 (Wis. Ct. App. 1993). “Section 236.10(1), Stats. Section 236.10(l)(b), Stats.”

Brookhill Dev., Ltd. v. City of Waukesha, 307 N.W.2d 242 (Wis. 1981). “For example, sec. 236.10(1), Stats., expressly designates the approvals necessary to entitle a final plat to be recorded: “236.”

— Wis. Stat. § 236.10(1)(a) — 2 cases

KW HOLDINGS, LLC v. Town of Windsor, 2003 WI App 9 (Wis. Ct. App. 2002). “We conclude: (1) the preliminary plat was not unconditionally approved by operation of law; (2) under Wis. Stat. §§ 236.10 (l)(a) and 236.13(2)(a) (1999-2000), 1 Windsor has authority during a legal contest of the annexation to reject the final plat based on a failure to satisfy…”

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

— Wis. Stat. § 236.10(1)(b) — 1 case

Busse v. City of Madison, 503 N.W.2d 340 (Wis. Ct. App. 1993). “The City of Madison is the only approving authority, sec. 236.10(1)(b), Stats., which has rejected the River Ridge Run revised preliminary plat.”

— Wis. Stat. § 236.10(2) — 3 cases

Brookhill Dev., Ltd. v. City of Waukesha, 299 N.W.2d 610 (Wis. Ct. App. 1980).

— Wis. Stat. § 236.10(a) — 1 case

— Wis. Stat. § 236.10(l)(a) — 2 cases

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

— Wis. Stat. § 236.10(l)(b) — 3 cases

Gordie Boucher Lincoln-Mercury Madison, Inc. v. City of Madison Plan Comm'n, 503 N.W.2d 265 (Wis. Ct. App. 1993). “Section 236.10(1), Stats. Section 236.10(l)(b), Stats.”

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