Wis. Stat. § 893.38 — WI Code / Chapter 893 / Section 893.38
Extension of certain approvals.
Status: in_force

(1) Definitions. In this section:

(a) “Challenged permit” means a permit or other approval to which all of the following apply:

1. The permit or other approval authorizes a construction project.

2. The application for the permit or other approval includes a description of the construction project.

3. The permit or other approval was issued by a governmental unit and becomes or remains subject to administrative, judicial, or appellate proceedings, whether or not any proceeding reversed the permit or other approval.

4. The permit or other approval has or had a finite term or duration, and the term or duration has not expired.

5. The permit or other approval is the subject of administrative, judicial, or appellate proceedings that may result in the invalidation, reconsideration, or modification of the permit or approval, provided that the proceedings or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings were initiated by a person other than the holder of the permit or approval.

(b) “Challenged plat or survey” means a plat or certified survey map approval that is the subject of administrative, judicial, or appellate proceedings that may result in the invalidation, reconsideration, or modification of the approval, provided that the proceedings, or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings were initiated by a person other than the holder of the approval.

(c) “Construction project” means organized improvements to real property that include the construction or redevelopment of at least one building for occupancy.

(d) “Covered approval” means a challenged permit or challenged plat or survey.

(e) “Governmental unit” means the department of natural resources, the department of transportation, a city, a village, a town, a county, or a special purpose district.

(2) Automatic extension. A person who has received a covered approval shall obtain an automatic extension of the covered approval by notifying the governmental unit that issued the covered approval of the person’s decision to exercise the extension not more than 90 days nor less than 30 days before the expiration of the unextended term or duration of the covered approval. A notification under this subsection shall be in writing and shall specify the covered approval extended. This subsection does not apply to a covered approval for which an automatic extension is not allowed under applicable federal law.

(3) Term of extension. The term or duration of a covered approval extended under sub. (2) is an amount of time equal to 36 months plus the duration of the administrative, judicial, or appellate proceedings to which the covered approval is subject. For purposes of calculating the duration of administrative, judicial, or appellate proceedings under this subsection, proceedings begin on the date of the initial filing of the proceedings, or, if the proceedings are reviewing another decision, the proceedings originating the review proceedings and end on the date of the final order disposing of all proceedings.

(4) Effect of orders. A covered approval extended under sub. (2) is subject to any order concerning the covered approval that is issued in an administrative, judicial, or appellate proceeding, including a suspension, injunction, restraining order, invalidation, reconsideration, or modification.

(5) Change of law. Except as provided in s. 66.10015 , the laws, regulations, ordinances, rules, or other properly adopted requirements that were in effect at the time the covered approval was issued shall apply to the construction project, plat, or certified survey map during the period of extension. This subsection does not apply to the extent that a governmental unit demonstrates that the application of this subsection will create an immediate threat to public health or safety.

(6) Regulation of safety and sanitation. This section does not limit any state or local unit of government from requiring that property be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, or ordinances.

(7) Exceptions. This section does not apply to any of the following:

(a) A covered approval under any programmatic, regional, or nationwide general permit issued by the U.S. army corps of engineers.

(b) A covered approval that authorizes a water pollutant discharge under s. 283.31 , 283.33 , or 283.35 or construction or operation of a stationary source under s. 285.60 .

(c) The holder of a covered approval who is determined by the issuing governmental unit to be in significant noncompliance with the conditions of the covered approval as evidenced by written notice of violation or the initiation of a formal enforcement action.

History: 2021 a. 80 ; 2021 a. 240 s. 30 .