Intergovernmental Cooperation

A Guide to Preparing theIntergovernmental Cooperation Element

of a Local Comprehensive Plan

Wisconsin Department of Administration

DOA 9741 P6/02

Intergovernmental Cooperation

A Guide to Preparing theIntergovernmental Cooperation Element

of a Local Comprehensive Plan

June 2002

Wisconsin Department of AdministrationDivision of Housing & Intergovernmental

RelationsOffice of Land Information ServicesP.O. Box 1645Madison, WI 53701-1645

(608) 267-2707 www.doa.state.wi.us/olis

AcknowledgmentsThis guide was prepared by the WisconsinDepartment of Administration, Office ofLand Information Services. It was developedin response to the Comprehensive PlanningLaw passed under 1999 Wisconsin Act 9, andis intended to provide local communities withinformation about intergovernmental issuesand to assist them with developing theIntergovernmental Cooperation Element oftheir Comprehensive Plan. The Guide wasdeveloped in collaboration with an advisorycommittee comprised of stakeholder interestsand experts in intergovernmental issues. Thisadvisory committee provided extensivereview and input, and met six times as agroup to discuss the drafts andintergovernmental issues.

Sincere appreciation is extended to theadvisory committee for all of its help. Thisguide has clearly benefited from their insightsand experience. In addition, special thanks isgiven to Bobbi Retzlaff and KassandraWalbrun, WisDOT; Jim Schneider, UWEX-Local Government Center; and, TomSolberg, DOA for reviewing the final draftand making key suggestions to edit andimprove it.

Office of Land Information Services(OLIS)Mike BlaskaJeanne StormGeorge HallRobert ZeinemannPhil Wells

Primary authors:Erich SchmidtkeJonquil Wegmann Johnston

Illustrations:Elizabeth J. Pilon

Advisory CommitteeJohn BalesDeForest School District

Dave Cieslewicz1000 Friends of Wisconsin

Shannon FennerWisconsin Department of Natural Resources

Chuck KellPortage County Planning and Zoning Department

Eileen KelleyCity of Middleton

Harlan KiesowEast Central Regional Planning Commission

Blair KrugerWisconsin Department of Revenue

Kate LawtonUW-Extension Local Government Center

Tom LarsonWisconsin Realtors Association

Dan MaddenWisconsin Department of Commerce

Brian OhmUW Department of Urban & Regional Planning

Rick StadelmanWisconsin Towns Association Chuck SulikMSA Professional Services

Aileen SwitzerMidwest Regional University Transportation Center

Bill White, AttorneyMichael Best & Friedrich

Greg WilliamsonWisconsin Emergency Management

Curt WitynskiLeague of Wisconsin Municipalities

Allen YoungwoodWisconsin Department of Transportation

Table of Contents

CHAPTER : INTRODUCTION ................................................................................................ 1

Comprehensive Plan Element Guides ................................................ 2Planning Resources ............................................................................. 2

CHAPTER : WHO SHOULD YOU INVOLVE?..................................................................... 7

Regional Planning Commissions ........................................................ 8Metropolitan Planning Organizations ................................................ 9

CHAPTER : INTERGOVERNMENTAL ISSUES................................................................ 11

Demographic Information Resources ............................................... 12Housing Information Resources ....................................................... 12

CHAPTER : CONTENT AND STRUCTURE OF YOUR ELEMENT............................... 18

Statutory Requirements .................................................................... 19

CHAPTER : COOPERATING WITH PLANNING ............................................................. 25

Statutory Planning Authority ............................................................ 25Open Meetings Law Information ...................................................... 28

CHAPTER : IMPLEMENTATION TOOLS ......................................................................... 35

Comprehensive Plan Implementation Tools ................................…………... 35

A. Cooperating with Services…………………………………………………………………….38Services that can be Shared .......................................................................... 39

B. Cooperating with Regulations……………………………………………………….………46Regulations Consistent with Comprehensive Plan ..................................... .46Statutory Zoning Authority .......................................................................... 47Extraterritorial Plat Approval Jurisdiction Diagram .................................. 53

C. Cooperating by Sharing Revenue………………………………………………………....56

D. Cooperating with Boundaries……………………………………………………………….58Annexation Information Resources ............................................................. 59Consolidation Requirements ....................................................................... 64

CHAPTER : TECHNIQUES FOR RESOLVING DISPUTES............................................. 69

CHAPTER : FUTURE UPDATES AND REVISIONS.......................................................... 76

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Chapter :

IntroductionWhy was this guide created?This guide is a resource for yourcommunity and others across the state ofWisconsin that are preparing aComprehensive Plan under Wisconsin’sComprehensive Planning law (§66.1001,Wis. Stats).

Passed in 1999, the ComprehensivePlanning Law, commonly referred to as“Smart Growth”, specifically requires atleast the following nine elements:

1. Issues and opportunities2. Housing3. Transportation4. Utilities and Community Facilities5. Agricultural, Natural, and Cultural

Facilities6. Economic Development7. Intergovernmental Cooperation8. Land Use9. Implementation

The Comprehensive Planning Law was developview that state planning laws were outdated anneeds of Wisconsin communities. Under the ntown, village, city, county, or regional planninthat affects land use must be guided by, and coComprehensive Plan. [§66.1001(3), Wis. Stats

From the lawThe Comprehensive Planning Law describes anIntergovernmental Cooperation Element as:

A compilation of objectives, policies, goals, mapsand programs for joint planning and decisionmaking with other jurisdictions, including schooldistricts and adjacent local governmental units, forsiting and building public facilities and sharingpublic services. The element shall analyze therelationship of the local governmental unit toschool districts and adjacent local governmentalunits, and to the region, the state and othergovernmental units. The element shall incorporateany plans or agreements to which the localgovernmental unit is a party under §66.0301,§66.0307, §66.0309. The element shall identifyexisting or potential conflicts between the localgovernmental unit and other governmental unitsthat are specified in this paragraph and describeprocesses to resolve such conflicts.

§66.1001(2)(g), Wis. Stats.

ed in response to the widely heldd inconsistent with the currentew law, any program or action of a

g commission after January 1, 2010nsistent with, an adopted

.]

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In addition to this guide on theIntergovernmental CooperationElement, several other guides areavailable to assist your community withthe development of the other elements ofa Comprehensive Plan, including:

� Housing Wisconsin � Transportation Planning Resource

Guide� Planning for Natural Resources: A

Guide to Including NaturalResources In Local ComprehensivePlanning1

� Planning for Agriculture inWisconsin – A Guide for LocalCommunities

� Smart Growth Guide to CulturalResources Planning

All of these guides are, or will soon be,available from the Office of LandInformation Services (OLIS).

What is included in this guide?� Issues that should be addressed in

your community’s IntergovernmentalCooperation Element.

� Other governmental units that can help

� Techniques and ideas for coordinating w

� Techniques for improving intergovernmincluding common sense ideas.

� Tips on how to implement, monitor, and

� Resources that are available to assist youwith contact information.

1 Although agricultural, cultural, and natural resources arPlanning Law (see §66.1001(2)(e)), the element is addresselement, your community may want to consider using all how you will structure your element.

TIP�What are some planning resources?In addition to the Comprehensive Planning guides,other planning resources are:

� Office of Land Information Services(OLIS)

� Your Regional Planning Commission (RPC)

� Your county planning agency or department.

� Your county uw-extension agent.

� State and federal district offices, such asWisDNR, WisDOT, USDA-Forest Service,USDA-Rural Development.

� UW-Extension Local Government Center

(608) 262-9960 or www.uwex.edu/lgc

� Wisconsin Counties Association

(800) 922-1993 or www.wicounties.org

� Wisconsin Towns Association

(715) 526-3157 or www.wisctowns.com

� League of Wisconsin Municipalities

(608) 267-2380 or www.lwm-info.org� Wisconsin Alliance of Cities

(608) 257-5881 or www.wiscities.org

� Private planning consultants

� Municipal attorneys

you develop your element.

ith other governmental units.

ental cooperation and coordination,

update your element.

r community with its element, along

e described as one element by the Comprehensiveed by three different guides. When developing this

three guides together or separately, depending on

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What is NOT included in this guide?This guide does not establish aparticular standard or methodologythat must be used to develop anIntergovernmental CooperationElement. Instead, your community’selement will be unique depending onyour particular needs andcircumstances.

The IntergovernmentalCooperation Element of aComprehensive PlanThe Intergovernmental Cooperation Element creates an opportunity for yourcommunity2 to coordinate with other communities and governmental units topromote consistency between plans. By 2010, decisions and actions of eachcommunity must be based on an adopted plan. If their plans are going indifferent directions, neighboring communities will experience problems. TheIntergovernmental Cooperation Element is an opportunity to get everyonepulling in the same direction.

Does the law require intergovernmental cooperation?No. While the Comprehensive Planning Law does require that your communityconsider intergovernmental relationships and develop ways to resolve conflicts, itdoes not require that you undertake specific intergovernmental activities.However, a law recently enacted envisions area cooperation compacts in thefuture. (§66.0317, Wis.Stats.)

Will our community need to start from scratch? If your community already communicates and cooperates with neighbors andother governmental units, you will not need to start from scratch. Wisconsin hasa long history of intergovernmentalcooperation and state law provides authorityfor communities to cooperate on a wide rangeof issues. As a result, many communitiesalready cooperate. For these communities, anIntergovernmental Cooperation Element willidentify existing efforts and build on thecooperation that already exists. If yourcommunity has little experience or success inworking effectively with your neighbors, thenyour Intergovernmental Cooperation Elementwill be critical.

2 The term ‘community’, as used in this guide, refers to entities tincluding cities, counties, regional planning commissions, towns

TIP�The process of developing anIntergovernmental Cooperation Elementcan further cooperative efforts bygetting communities to think about inter-jurisdictional relationships and impacts.The element will set the overall tone forhow jurisdictions will relate and can bethe cornerstone of your community’sintergovernmental efforts.

TIP�To financially assist communities interested indeveloping a Comprehensive Plan, theComprehensive Planning Law created a grantprogram. The grant program is administered bythe Office of Land Information Services (OLIS)within the Wisconsin Department ofAdministration (DOA). For more information,contact OLIS at:

(608) 267-2707 or www.doa.state.wi.us/olis

hat can adopt a comprehensive plan,, and villages.

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What is intergovernmental cooperation?In general terms, intergovernmental cooperation is any arrangement by whichofficials of two or more jurisdictions communicate visions and coordinate plans,policies, and programs to address and resolve issues of mutual interest. It can beas simple as communicating and sharing information, or it can involve enteringinto formal intergovernmental agreements and sharing resources such asequipment, buildings, staff, and revenue. It can even involve consolidatingservices, jurisdictions, or transferring territory.

Why is intergovernmental cooperation important?Many issues cross jurisdictional boundaries, affecting more than one community.For example, air and water pass over the landscape regardless of boundaries sothat one jurisdiction’s activities with regard to air and water impacts otherjurisdictions downwind or downstream.

Today, increased communicationtechnologies and personal mobility meanthat people, money, and resources alsomove across jurisdictions, as quickly andfreely as air and water. Persons travelingalong roadways use a network oftransportation routes, moving betweenjurisdictions without even realizing it.

Frequently, the actions of onegovernmental unit impacts others.Increasingly, we have come to therealization that many vital issues areregional in nature. Watersheds and other ecosystems, economic conditions, landuse, commuter patterns, housing, media markets, and effects from growth andchange are all issues that spill over municipal boundaries and impact the regionas a whole. Our communities are not islands. The health of our community andthe health of our region are interconnected. The fate of one mirrors the fate ofthe other.

Why is intergovernmental cooperation particularly critical inWisconsin? Wisconsin ranks thirteenth nationwide in total numberof governmental units and third nationwide ingovernmental units per capita. Having so manygovernmental units allows for very local representationand means that Wisconsin residents have numerousopportunities to participate in local decision-making.However, the sheer number of governmental units with ovmaking authority presents challenges. More governmentacommunication, coordination, and effective action more digreater potential for conflict. Instead of communicating id

��FACT

Though it has less than 20%the population of California,Wisconsin has twice as manypolice departments.

��FACTWisconsin has over 2,500 units of governmentand special purpose districts:

� 72 counties� 190 cities� 395 villages� 1265 towns� 426 school districts� 16 technical college districts� Sanitary districts, drainage districts,

lake protection districts,metropolitan sewage districts, etc.

erlapping decision-l units can makefficult, creating aeas within one

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jurisdiction, communication needs to move across multiple jurisdictions andinvolve multiple boards, commissions, committees, executives, administratorsand citizens. Instead of one community’s vision, there may be multiple visions,some of which may conflict.

More governmental units may also meanunwanted and wasteful duplication in thedelivery of community services. Cooperationcan help to avoid this.

The importance of intergovernmentalcooperation in Wisconsin is demonstrated bythe many groups that have examined this issueover the years. Intergovernmental relations isone of the most studied issues in Wisconsin’shistory.

What are some benefits of goodintergovernmental cooperation?

� Cost savings– Cooperation can savemoney by increasing efficiency and avoidingunnecessary duplication. Cooperation canenable some communities to provide theirresidents with services that would otherwisebe too costly.

� Address regional issues - Bycommunicating and coordinating theiractions, and working with regional and statejurisdictions, local communities are able toaddress and resolve issues which are regional i

� Early identification of issues - Cooperationidentify and resolve potential conflicts at an eainterests have established rigid positions, beforraised, and before issues have become conflicts

� Reduced litigation –Communities that cooperate areable to resolve issues before theybecome mired in litigation.Reducing the possibility of costlylitigation can save a communitymoney, as well as thedisappointment and frustration ofunwanted outcomes.

TIP�Consistencimportant Law did noor authoritmeans thatanother coand your ne

��FACTMany groups in Wisconsin have studiedintergovernmental cooperation, including:

� Urban Problems Committee (1957-59)� Task Force on Local Government

Finance and Operation, commonly knownas the Tarr Task Force (1967-69)

� Local Government Committee (1970)� Citizens Study Committee on

Metropolitan Problems (1971-73)� Knowles Commission (1973)� Wallace Commission (1977)� Special Committee on the

Interrelationship of Urban and RuralPolicies (1982)

� Special Committee on MunicipalBoundary and Related Issues (1990-92)

� Wisconsin Strategic Growth Task forceand Interagency Land Use Council(1994)

� Wisconsin Land Council (1997- present)� Governor’s Blue Ribbon Commission on

Intergovernmental Relations, commonlyknown as the Kettl Commission (2001)

� Governor’s Task Force on State andLocal Government (2002-03)

n nature.

enables jurisdictions torly stage, before affectede the political stakes have been or crises.

y between plans is especiallybecause the Comprehensive Planningt change the relationships between,ies of, local governments. This you cannot force your plan ontommunity to achieve consistency. Youighbors will need to cooperate.

� Consistency – Cooperation can lead to consistency of the goals, objectives,plans, policies, and actions of neighboring communities and otherjurisdictions.

� Predictability – Jurisdictions that cooperate provide greater predictabilityto residents, developers, businesses, and others. Lack of predictability canresult in lost time, money, and opportunity.

� Understanding – As jurisdictions communicate and collaborate on issues ofmutual interest, they become more aware of one another’s needs andpriorities. They can better anticipate problems and work to avoid them.

� Trust – Cooperation can lead to positive experiences and results that buildtrust between jurisdictions.

� History of success – When jurisdictions cooperate successfully in one area,the success creates positive feelings and an expectation that otherintergovernmental issues can beresolved as well.

� Service to citizens – Thebiggest beneficiaries ofintergovernmental cooperationare citizens for whomgovernment was created in thefirst place. They may notunderstand, or even care about,the intricacies of a particularintergovernmental issue, but allWisconsin residents canappreciate their benefits, such ascost savings, provision of neededservices, a healthy environmentand a strong economy.

Chapter 1 Key Points:

⇨ An Intergovernmental Cooperation EComprehensive Plan.

⇨ Many issues are area-wide and regiobetween jurisdictions.

TIP�How can an Intergovernmental Cooperation Elementhelp improve cooperation?

⇨ Provides an opportunity and reason for communicating with your neighbors and other governmental units.

⇨ Gets communities thinking about the intergovernmental impacts of their actions.

⇨ Offers a forum for discussing intergovernmental issues and resolving conflicts.

⇨ Helps ensure that your community’s actions (both current and planned) are consistent with those of your neighbors and other governmental units.

⇨ Provides ongoing opportunities for cooperation as you implement, monitor, and update your element.

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lement is a required element of a

nal in nature and require cooperation

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Chapter :

WWhhoo SShhoouulldd YYoouu IInnvvoollvvee??The Comprehensive Planning Law requires that communities prepare writtenprocedures describing exactly how the public will participate in the planningprocess. Public participation obviously includes the residents of your community.It should also include various stakeholder groups that could be affected by yourplan.

One stakeholder group that you should include is neighboring communities andother jurisdictions. While the Comprehensive Planning Law requires that otherjurisdictions be provided with copies of your community’s adopted and amendedComprehensive Plan, this may be too little too late.

Include other jurisdictions at the early stages of your planning process, andthroughout. Involving them can help to ensure consistency. Also, early andcontinuous involvement means that potential conflicts can be identified andresolved during the planning stage, rather than during plan implementation.

Not identifying and resolving issues early can cost time and money, and can castdoubt over all the work that you’ve done. Unresolved conflicts can also result inlost opportunity. For example, if a private consultant has been retained todevelop your community’s plan, the consultant may have already used all thetime budgeted, and not have additional time to address conflicts emerging at the end of the planning process or during plan implementation. Ironically, theseconflicts are probably the most important and complex of your planning issues –the ones for which the consultant’s help would have been most beneficial.

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The Comprehensive PlanningLaw provides yourcommunity with flexibility toinvite a wide range ofdifferent governmental unitsto participate in yourplanning process.

The jurisdictions that yourcommunity invites willdepend on the issues youaddress. For example, ifstorm water management isimportant, then all of thejurisdictions in the watershedshould be invited toparticipate.

At a minimum, you shouldinvolve the following:

� Adjacent governmentalunits

� Counties� School districts� Regional Planning

Commission (RPC)� Metropolitan Planning

Organization (MPO)� State agencies

These are the jurisdictionswith whom theComprehensive Planning Lawrequires your community toanalyze its relationship.

FACT�What’s an RPC?Regional Planning Commissions (RPCs) are regional governmentalentities responsible for a broad range of activities. RPCs prepareregional plans and studies, collect information, and assist localcommunities with plans, federal and state programs, economicdevelopment, needs assessments, and studies, among other things.Wisconsin has 9 RPCs that represent almost every county andmunicipality in the state.

The 9 RPCs are:� BayLake Regional Planning Commission

(920) 448-2820 or www.baylakerpc.org

� Dane County Regional Planning Commission (608) 266-4137 or www.co.dane.wi.us/rpc/rpc.htm

� East Central Wisconsin Regional Planning Commission (920) 751-4770 or www.eastcentralrpc.org

� Mississippi River Regional Planning Commission (608) 785-9396 or www.centurytel.net/mrrpc

� North Central Wisconsin Regional Planning Commission (715) 849-5510 or www.ncwrpc.org

� North West Regional Planning Commission (715) 635-5480 or www.nwrpc.com

� Southeastern Wisconsin Regional Planning Commission (262) 547-6721 or www.sewrpc.org

� South West Wisconsin Regional Planning Commission (608) 342-1214 or www.swwrpc.org

� West Central Wisconsin Regional Planning Commission (715) 836-2918 or www.wcwrpc.gov

A map of Wisconsin’s RPC’s can be seen at:www.dot.state.wi.us/dtim/bop/planning-rpc-map.htm

The following is a list of some of different kinds of jurisdictions, quasi-governmental units, and private service organizations that may impact yourcommunity, including those that are required to be included in your element.

� State and federal agencies� Regional planning commissions (RPCs) � Counties� Cities� Villages� Towns� Tribal entities� Metropolitan planning

organizations (MPOs) � School districts� Sanitary sewer service

districts� Water utility districts� Municipal electric utilities� Universities or colleges� Vocational Technical Adult

Education (VTAE) districts

� Lake management orprotection districts

� Storm water managementdistricts

� Drainage districts� Transit and paratransit districts, authorities, and commissions� Housing or redevelopment authorities� Economic development corpora� Fire protection districts� Public airports� Flood control districts� Port authorities� Chambers of Commerce� Soil and water conservation

districts� Resource conservation

and/or developmentdistricts

� International Trade,Business, and EconomicDevelopment Councils(ITBECs)

FACT�What’s an MPO?Metropolitan Planning Organizations (MPOs) are federallyrequired entities that are responsible for developinglong-range transportation plans and improvementprograms for metropolitan areas over 50,000 inpopulation. There are currently 12 MPOs in Wisconsin:Appleton-Oshkosh, Beloit, Dubuque, Janesville, La Crosse,Madison, Sheboygan, Wausau, Chippewa Falls-Eau Claire,Green Bay, Superior-Duluth, and Kenosha, Milwaukee, andRacine Counties. Also, the most recent U.S. Census foundthe Fond du Lac urbanized area to be greater than50,000 persons. This means that it too will need to beserved by an MPO.

Although separate entities, MPOs are often located andstaffed within municipal and county departments orregional planning commissions. Contact your WisDOTdistrict office for more information about the MPO inyour area.

tions and districts

FACT�What’s an ITBEC?An International Trade, Business, and EconomicDevelopment Council (ITBEC) is a partnership effortbetween counties, business leaders, tribal representatives,and others, organized to target tourism from othercountries and create new export markets for Wisconsinproducts. ITBECs:� sponsor trade missions to and from other countries,� develop promotional newsletters, videos, and maps,� work with local and international media� coordinate between member counties and

municipalities.

Wisconsin has 4 ITBECs representing 52 counties and themunicipalities within those counties. To learn more:

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(800) 922-1993 or www.wicounties.org/Econ/itbecs.html

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Your community’s Intergovernmental Cooperation Element, in coordination withyour written procedures for public participation, can be a place to describe whichjurisdictions were involved in your planning process, and which will be involvedin the future.

Your element can also address:

▻ How were other jurisdictions involved? What techniques were used tosolicit their input and ideas, and to reach agreement about any conflicts?What techniques will be used in the future to implement planrecommendations?

▻ What role did other jurisdictions play, and at what stages of the planningprocess? What role will they play in the future, and when?

Chapter 2 Key Points:

⇨ Public participation in your Comprehensive Plan should include not onlyresidents but also neighboring communities and other relevant governmentalunits. Include these jurisdictions throughout your entire planning process – notjust at the end.

⇨ The Comprehensive Planning Law specifies that certain jurisdictions beinvolved during preparation of your community’s IntergovernmentalCooperation Element, and also provides the flexibility to include many others.

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Chapter :

IInntteerrggoovveerrnnmmeennttaall IIssssuueessThis chapter offers ideas on the kinds of issues that are intergovernmental innature and can be addressed in your Intergovernmental Cooperation Element.Because each community is unique, each will have different issues.

Frequently policies, goals, and objectives ofone Plan element relate to other elements.For example, a multi-jurisdictional publictransportation system could be addressedboth in your Transportation Element and inyour Intergovernmental CooperationElement. This is ok – in fact, examiningissues across program areas is one of thestrengths of Comprehensive Planning. Inthis case, your Transportation Element could look at the specifics of the publictransportation system while your Intergovernmental Cooperation Element couldidentify it as an area of intergovernmental effort, and ensure that conflicts areresolved and that Plans are consistent.

The intergovernmental issues identified in this chapter are organized around thenine required elements of a Comprehensive Plan. Some of these issues may applyto your community, while others may not. This is not a complete list but it mayhelp your community brainstorm about the kinds of intergovernmental issuesthat you face. Keep in mind that an Intergovernmental Cooperation Elementneed not be limited to just boundary issues; it can, and should, address otherintergovernmental areas.

Issues and Opportunities 3

□ Age. What is the average age of residents in your community? Are residents at adifferent life cycle stage in general than residents of surrounding communities? Age hasimportant ramifications for housing choices, jobs, school needs, and the types of servicesdemanded.

3 S Indicates one of the nine required elements of a Comprehensive Plan

TIP�The Comprehensive Planning Law’sflexibility means that communities canaddress issues that they feel areimportant. Your element provides anopportunity to take a fresh look at issuesthat involve multiple jurisdictions, and toresolve conflicts.

□ Income. Are theredifferences in theincomes of yourresidents with those ofsurroundingcommunities, theregion, and the state?Communities with adisproportionate shareof lower incomehouseholds may facegreater demands forservices and experiencegreater difficulty inpaying for those services. T

Housing □ Regulations. Housing inof other municipalities in thexample, if a neighboring cuniformly requires a certainsetback or minimum floor shousing options available inmay be limited. This coulddemand in your community

□ Available land. Some citmay have shortages of landhousing, even after lookingopportunities. This may leaover what land is available.village’s Land Use Elementannexation of peripheral toto develop new housing, whplan designates these landstown jurisdiction.

Transportation□ Regional bodies. The fe(TEA-21) and its precursor,Act (ISTEA) require regionmetropolitan planning orgagovernmental units. If youwill need to coordinate youWisDOT District Office.

TIP�Demographic information, such as age and income, will already beincluded as part your Comprehensive Plan’s Issues & OpportunitiesElement. This means that your Intergovernmental CooperationElement can simply reference the relevant information.

Demographic information is available from:� University of Wisconsin-Extension county agent� Your county� Your RPC� Bureau of Census U.S. – www.census.govDepartment of Administration’s (DOA) Demographic ServicesCenter –www.doa.state.wi.us/dhir/boir/demographic/�

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his can strain regional relationships.

your community may be influenced by the regulationse region. For

ommunity lot size orpace, the range of that community

affect housing.

ies and villages available for at infilld to disputes

For example, a might call forwn lands in orderile the town’s rural and under

deral Transportation Equity Act for the 21st Century the Inter-modal Surface Transportation Efficiencyal transportation and land use planning bynizations (MPOs). MPOs are made up of arear community is located in a metropolitan area, your transportation improvements with your MPO and

TIP�For more information aboutComprehensive Planning andintergovernmental cooperation issuesrelated to housing, see ‘HousingWisconsin’, available from UW-Extensionand online at:www.wisc.edu/urpl/people/ohm/projects/housingf/index.html

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□ Coordination with school districts. Transportation plans and improvementsshould be coordinated with school districts, and vice versa. For example, arethere sidewalks, bike paths, and other safe alternatives for children to get toschool in your community? Are there opportunities between transit providersand school districts to coordinate or consolidate bus service?

□ Transportation facilities. Transportationfacilities – streets, bike paths, sidewalks, etc.usually pass through more than one jurisdiction.This means that multiple jurisdictions shouldagree on issues such as need, capacity, designstandards, and access. Unfortunately,coordination does not always happen. Due toirregular municipal boundaries and lack ofcoordination, sidewalks may abruptly end at theedge of a municipality’s jurisdiction, only to startup again where its jurisdiction resumes, or,streets may not align between adjacentjurisdictions resulting in safety concerns,inefficient traffic flows and congestion.

□ Regional Transit Systems. Wisconsinites often meet their daily needs bytraveling between jurisdictions. They may work, shop, go to school, recreate, etc.in the same metropolitan area or general region, but not in the samemunicipality. Therefore, the most effective mass transportation systems areoften multi-jurisdictional in nature.Rather than terminating at the edge ofjurisdictions, they go where people needthem to go. This requiresintergovernmental coordination ofscheduling, cost-sharing, personnel,liability, and ownership issues – all thingsthat can be addressed or referenced in anIntergovernmental Cooperation Element.

Utilities and Community Facilities□ Solid waste and recycling. Because of the expense and specialized nature ofsiting, permitting, developing, and operating landfills and recycling centers, yourcommunity may wish to cooperate with area communities to provide theseservices. Many Wisconsin communities already do.

□ Sanitary sewer service areas. Sanitary sewer service area planning helpscommunities anticipate future needs for wastewater treatment. If yourcommunity belongs to a multi-jurisdictional sewer service area4, your 4 The Wisconsin Department of Natural Resources (WisDNR) encourages communities to cooperate indeveloping multi-jurisdictional wastewater treatment facilities instead of each jurisdiction having its ownsmaller facility. Contact your WisDNR district office for more information.

TIP�For more information about transportationplanning issues related to intergovernmentalcooperation, see ‘Transportation PlanningResource Guide’, available from WisDOT andonline at: www.dot.state.wi.us/dtim/bop/planning-index.htm

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Intergovernmental Cooperation Element could address coordination issues.Your element could also show how the sewer service area plan relates to yourcommunity’s other Comprehensive Plan elements and how it relates to theComprehensive Plans of other jurisdictions. Where a special entity has beencreated to deal with wastewater treatment, your Intergovernmental CooperationElement could describe ways to coordinate with this entity.

□ School district facilities. Arethere opportunities in yourcommunity for joint use of facilitieswith the school district? Forexample, playgrounds and librariescan be jointly used and maintainedby the municipality and the schooldistrict. Where communities havegrowing numbers of school-agedchildren, a particular school buildingmight be jointly managed so that itcan fulfill some other communitypurpose after enrollment numbersdecline. Does your community andschool district anticipate a need torecondition, expand, or buildfacilities? Can use of existing schoolcapacity in the region forestall building new schools? Your element cancoordinate the timing and location of capital projects to ease the tax burden onarea residents and businesses.

Agricultural, Natural and Cultural Resources□ Stormwater management. Stormwater flowsacross the landscape without regard tojurisdictional boundaries. This means thatstormwater generated in a neighboring communitycan impact your community. For example,development in one municipality that increases theamount of impervious surfaces (asphalt, concrete,rooftops, etc., do not absorb stormwater as well asnatural surfaces) can worsen flooding in“downstream” communities. If stormwater is anissue, your element should examine yourrelationship with “upstream” and “downstream”communities.

□ Environmental corridors. Are there opportunities for your community to linkarea parks together to form continuous natural areas? The state, counties, cities,villages, and towns all provide parks. Your community’s Intergovernmental

A Wisconsin ExampleEttrick Community Center and Library. Built in 1999as an addition onto the Ettrick Elementary School, theEttrick Community Center and Library was acooperative effort between the Village of Ettrick, theTown of Ettrick, the Gale-Ettrick-Trempealeau SchoolDistrict, and a number of private groups. Theseentities all shared in the costs of the project.

The Center meets everyone’s interests. The town andvillage had long wanted a library and a communitycenter to accommodate various community meetingsand civic groups, and the school district needed morespace. By adding to the elementary school, the schooldistrict and community gained space for a lunch roomand large meeting space, a gymnasium, and a weightroom.

A Wisconsin ExampleThe Village of Combined Locks andthe Towns of Harrison and Buchananin Calumet County cooperated tocreate the Garner’s CreekStormwater Utility. The utility wasformed to address frequentstormwater problems in the villageand helped avoid litigation betweenthese communities.

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Cooperation Element can study ways forthese entities to coordinate their efforts andlink their facilities in order to createconnected natural systems.

□ Farmland preservation. Yourcommunity’s efforts to preserve farmlandand farm economies will be most successfulif they are multi-jurisdictional. Forexample, state and county farmlandpreservation efforts should be coordinatedwith town efforts. Cities and villagesshould also be involved - agriculture isn’t just a rural issue. Cities and villagescan coordinate with towns and counties to protect productive agricultural landsfrom annexation and/or development, and to minimize conflicts with farmingoperations. Cities and villages can also promote economic opportunities forfarmers, such as farmer markets, roadside stands, subscription farms, and ‘pick-your-own’ enterprises.

□ Wellhead protection. All new municipal wells must have wellhead protectionplans approved by the DNR.5 The areas covered by wellhead plans andordinances may extend beyond your community’s boundaries into adjacentjurisdictions. This may mean that your community must work closely with otherjurisdictions to prevent land uses that are harmful to the quality of groundwaterrecharge of your well.

Economic Development□ Cooperation. Your community can use theIntergovernmental Cooperation Element as anopportunity to coordinate with other areajurisdictions on projects that benefit everyone. Forexample, your element could recommend creationof a multi-jurisdiction or county-wide economicdevelopment group. It could describe ways for localunits of government and area chambers ofcommerce to work together to develop economic trendto promote the area as a whole. It could cooperatively sites in designated growth areas. It could also recommarrangements so that there are no economic losers in awinners.

□ Tourism and recreation. Your Intergovernmental Cidentify tourism related investments such as tourist inffairgrounds, trails, and other infrastructure projects thmultiple jurisdictions.

5 See NR 811.16(5) of the Wisconsin Administrative Code.

TIP�For more information about ComprehensivePlanning and intergovernmental cooperationissues related to natural resources, see‘Planning for Natural Resources: A Guide toIncluding Natural Resources in LocalComprehensive Planning’, available fromWisDNR and at:www.dnr.state.wi.us/org/es/science/landuse/smart_growth/urbplan_bk.pdf

“Competition has been shown to beuseful up to a certain point and nofurther, but cooperation, which isthe thing we must strive for today,begins where competition leavesoff.”

-Franklin D. Roosevelt

data and a strategic visionidentify future industrialend revenue-sharingn area or region – just

ooperation Element couldormation centers,at could be developed by

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□ Commuting. Where doresidents in yourcommunity work? Arethere sufficient economicopportunities in yourcommunity? Canresidents meet basicneeds - groceries, healthcare, post office, bank,etc. – or must they travelto adjacent communitiesfor goods and services? Ifyour residents commuteelsewhere to work, arethere intergovernmentalimpacts related totransportation, housing, or other Comprehensive Plan elements?

Land Use□ Land use trends. How do the land use allocations in your communitycompare to those of neighboring communities? For example, is more land inyour community devoted to residential or commercial use than in neighboringcommunities? Does your community have more buildable land or less than yourneighboring communities? How has land use in your community changed overtime? How does the price of raw land influence what is built on it? Is land in yourcommunity owned and managed by other governmental units, such as the U.S.Forest Service or Native American tribes? How does the number of buildingpermits issued by your community compare with other communities?

□ Projected land uses. Does your community’s Land Use Element containproposals that may impact other governmental units? For example, does itpropose parks or residential uses for areas that are currently under townjurisdiction? Will, or could, these areas be annexed or transferred into yourcommunity as part of a boundary agreement or developed by the otherjurisdiction? Similarly, are the land uses consistent and compatible acrossboundaries? Your Intergovernmental Cooperation Element can reference anddescribe agreements or cooperative processes designed to reach agreement.

□ Ideas and values. Does your community’s vision for land use differ from thatof neighboring communities? Maybe your town wishes to remain agriculturalwhile an adjacent community hopes to attract residential or commercialdevelopment. Maybe there are differences in design standards or density levels.Your community’s Intergovernmental Cooperation Element can identify valuedifferences between jurisdictions and include agreed-upon strategies toaccommodate these differences.

A Wisconsin ExampleCreated in 1992, the Columbia County Economic DevelopmentCorporation (CCEDC) is a non-profit organization made up ofmunicipalities in Columbia County to coordinate economic developmentefforts. The corporation helps member communities attract andretain businesses, prepares grant applications, provides informationabout starting a business and about available commercial land andbuildings, funds studies, and serves as a coordinator betweenemployers and educators to help better train workers. For moreinformation, contact CCEDC at:

(608) 742-9696 or www.ccedc.com

Your community’s Intergovernmental Cooperation Element couldrecommend creation of an economic development corporation orentity, or recommend ways to better work with an existing one.

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Implementation � How do the ordinances that your

community will use to implement itsComprehensive Plan compare to theordinances of neighboring communities?Do they conflict at the jurisdictionalboundary? Do the ordinances ofneighboring communities suggestdifferent uses, lot sizes, setbacks, ordesign standards? Do they seek toaccomplish different objectives or goals than yours?

� How do existing plan implementation tools such as intergovernmentalagreements and capital improvement plans compare to implementation toolsof neighboring communities?

Chapter 3 Key Points:

⇨ Your community’s Intergovernmental Cooperation Element need not belimited to boundary issues; it can, and should, address many otherintergovernmental issues.

⇨ The Comprehensive Planning Law provides your community with theflexibility to address the issues that you feel are important. This means that eachcommunity’s Intergovernmental Cooperation Element will be unique.

TIP�Will other jurisdictions need to beinvolved in order for your community’sComprehensive Plan to be implemented?Your Intergovernmental CooperationElement is the place to coordinate withother jurisdictions about the actionsrequired to achieve your vision.

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Chapter :

CCoonntteenntt aanndd SSttrruuccttuurree ooff YYoouurr EElleemmeenntt

The Comprehensive Planning Law provides a general framework for the contentof an Intergovernmental Cooperation Element. This framework requirescoverage of the four components shown on the following page in theComprehensive Planning Grant Program close-out form for the Intergovernmental CooperationElement.

Communities that have been awarded aComprehensive Planning Grant will need tocertify that their Comprehensive Plan addressesthe four components of the IntergovernmentalCooperation Element. Before receiving theirfinal Comprehensive Planning Grant payment, communities need to complete thegrant close-out form for all nine required elements by indicating page numberswhere requirements are addressed.

Within the Comprehensive Planning Law’s general framework for anIntergovernmental Cooperation Element, yourcommunity has a great deal of discretion onhow to address the four subject areas, andhow to organize and structure the element.There is no one “right way” to do an element.Instead, your community will need to find anapproach that is most appropriate based onyour own needs, circumstances, andresources.

TIP�Copying another community’sIntergovernmental Element, or using‘boilerplate’ language developedelsewhere, may not improve cooperationas much as original ideas and words.Learn and benefit from the experienceof others, but be creative!

TIP�Grant close-out forms detailingminimum statutory requirements forthe other eight Comprehensive Planelements are available at:www.doa.state.wi.us/olis/complanning.

asp or (608) 267-2707

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Statutory Requirements of the Intergovernmental CooperationElementThis Comprehensive Planning Grant Close-Out Form is used by OLIS to verifythe minimum statutory requirements are met by recipients of a ComprehensivePlanning Grant. Grant recipients complete the form indicating the page numberswhere applicable information can be found in their plan.

1. A compilation of objectives, policies, goals, maps, and programs for joint planningand decision making with other jurisdictions including:

Objectives Policies Goals Maps Programs

SCHOOLDISTRICTS FORSITING ANDBUILDING PUBLICFACILITIES ANDSHARING PUBLICSERVICES

Adjacent and otherlocal govts. for sitingand building publicfacilities and sharingpublic services

2. Analyze the relationship of the local governmental unit to:

SCHOOLDISTRICTS

Adjacent localgovernmentsRegionStateOther governmentalunits

3. Incorporate cooperative boundary plans and/oragreements to which the local governmental unit isparty to under Ch. 66, Wis. Stats.

4. Identify existing/potential conflicts between the governmental unit and othergovernmental units.

EXISTING CONFLICTS

Potential conflictsDescribe the process to resolve conflicts.

The following is a very basic 3-step approach for how your community couldaddress these components and comply with the Comprehensive Planning Law. Itis an example of how an element could be organized – not how it must beorganized.

Step One: Background informationBackground information is criticalbecause it describes your community’sintergovernmental context. It sets thestage for the rest of the element byproviding the basis for the element’s analysis and ultimate recommendations.The following are types of information to consider including in your element.Keep in mind that theappropriate scope and extent ofbackground information willvary depending upon the sizeof your community and thecomplexity of your regionalsetting.

▻ Identification of governmental units that impact your community. What arethe jurisdictions in your area? How does your community interact with them?Does cooperation already exist? Did these jurisdictions participate in yourplanning effort? GIS mapping technology is an effective way to showrelationships between jurisdictions.

City

Town

Lake ManagementDistrict

SchoolDistrict #1 School District #2

GIS jurisdictional boundary layers

TIP�Background information may already have been collected as partof other Comprehensive Plan Elements. In these instances, yourIntergovernmental Element can simply refer to the tables or mapspresented elsewhere. Other governmental units, such as thestate, your RPC, and your county can also provide backgroundinformation on intergovernmental issues.

BackgroundInformation

Analysis Goals,objectives, andpolicies

TIP�Where can our community find GIS data?� Office of Land Information Services (OLIS) ● Private planning consultants� State and federal agencies ● Utilities� GIS software companies such as ESRI ● Your RPC� Your county land information office (LIO)

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▻ Identification and review of plansand agreements. What plans doesyour community have? What plansdo other jurisdictions have? Dotheir plans impact your community?Are area plans consistent with oneanother? If not, then how are theyinconsistent? Are there multi-jurisdictional plans orintergovernmental agreements thathave been, or will be, developed?

▻Identification of laws, ordinances,and regulations. Obviously state andfederal laws have a tremendousimpact on your community, but arethere specific laws that affectintergovernmental cooperation inyour region? Are your land useordinances different from those ofother area communities? Forexample, are there differences in the lot sizes or setbacks allowed by zoningordinances? Since there are some instances where Wisconsin law allowsordinances from multiple jurisdictions to overlap and apply to the same parcelsimultaneously, it is important to recognize existing and potential conflicts.

▻ Identification of policies. Does your community, or a neighboring community,have a particular policy that affects intergovernmental cooperation? Forexample, a neighboring municipality may have a policy prohibiting extendingsewer or water service to residents of your community unless they annex. Howanchored are you and your neighboring units of government to these policies?Might they be addressed in, and negotiated as part of, an intergovernmentalagreement?

▻ Integration of other Comprehensive Plan elements. Do the other elements ofyour community’s Comprehensive Plan identify intergovernmental issues? Forexample, does your Agricultural, Natural, and Cultural Resources Elementidentify resources that cross municipal boundaries or that are jointly managed?Does your Utilities and Community Facilities Element identify shared facilitiesand services, or opportunities to do so? A good idea might be to organize theintergovernmental issues that you identify elsewhere in your Comprehensive Planinto a table or summary.

TIP�Towns, cities, villages, counties, RPC’s and the stateare all statutorily authorized to develop plans.Examples of the different types of plans that mayexist for your area are:

� Comprehensive Plans� Land use plans� Highway corridor plans� Sewer service area plans� MPO plans� County forest plans� Economic development plans� Farmland preservation plans� Consolidated housing plans required by HUD� Solid waste management plans� Stormwater management plans� Park & open space plans� Neighborhood plans� Plans developed as part of boundary agreements� WisDOT multi-modal plans

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▻ Identification of trends. Are there trendsidentified in your Issues and OpportunitiesElement that are intergovernmental in nature?For example, are there demographic differencesbetween your community and neighboringcommunities that impact housing, services, etc.?Are land uses changing in a way that affects you

or your neighbors?

▻ Identification of conflicts. What are the opportunare the existing or anticipated conflicts between juri

Step Two: Analysis Background information that youcollect is valuable because it helpsyour community understand itsintergovernmental context. It is valuable to the exteissues, relationships, successes and conflicts. It is imIntergovernmental Element go beyond just presentithere! Your element should recommend actions to icooperation that are acceptable to your neighbors an

The analysis step is where you link your backgroundthat you ultimately recommend. The analysis shoulthe current situation and alternatives for addressingconflicts. Questions your community might ask are

Assessment� What are the primary issues that emerge from th

information? � Can these issues be ranked by importance, urgen� What is the timeframe for addressing these issue� What are the resources available?� What is the capacity of your community or anoth

the particular issue?� Are there issues for which additional expertise o� Who will represent governmental units and othe� What processes will be used to address these issu

made?

Alternatives� What alternative courses of action are available t� What are the advantages and disadvantages of th� How will your community decide upon an altern

BackgroundInformation

TIP�Demographic information will alreadybe included as part of yourComprehensive Plan’s Issues &Opportunities Element. YourIntergovernmental CooperationElement could simply reference theinformation that relates tointergovernmental issues.

ities for cooperation? Whatsdictions?

nt that it revealsportant that your

ng information. Don’t stopmprove intergovernmentald feasible to implement.

information to the actionsd include an assessment of the identified needs and

:

e element’s background

cy, or need?s?

er jurisdiction(s) to address

r resources will be needed?r stakeholders?es? How will decisions be

o address issues?ese alternatives?

ative or suite of alternatives?

Analysis Goals,objectives, andpolicies

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Step Three: Goals, objectives,and policies for cooperationThe Comprehensive Planning Lawdescribes the IntergovernmentalCooperation Element as a compilation of objectives, policies, goals, mapsprograms for intergovernmental cooperation. The items that your elemenultimately recommends should logically draw from the background informand analysis. Your recommended actions will guide your community’sinteractions with other governmental units and the decisions that you mak

An example of an intergovernmental goal, objective, and policy might be:

Goal: Establish mutually-beneficial intergovernmental relatwith other jurisdictions.

Objective: Establish effective intergovernmental land use policiewithin the extraterritorial jurisdiction area.

Policy: Within the next two years, adopt cooperative boundaragreements with all surrounding towns describing agupon jurisdictional boundaries, land uses and servicewithin the city’s extraterritorial jurisdiction area.

TIP� Some Definitions

Goal = a desired state of affairs to which planned effort is dir

Policy = a general rule for action focused on a specific issue, de from more general goals.

From Growing Smart Legislative Guidebook by theAmerican Planning Association (1998).

Objective = a goal or end toward the attainment of which plans and policies are directed.

Plan = a design which seeks to achieve agreed upon objectives

Program = a coordinated series of policies and actions to carry outFrom A Development Plan for Waukesha County,Wisconsin (1996) by SEWRPC.

BackgroundInformation

Analysis

Goals,objectives,and policies

, andtation

e.

ions

s

yreed levels

ected.

rived

.

a plan.

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It is important that the goals, objectives, policies, programs, and maps that yourcommunity ultimately recommends in its element be:

1) Specific – What will be done, how, by whom, and when? Be concrete. Itis easy to recommend actions that aregeneral and benignly positive.However, by being detailed, yourcommunity will be in a better positionto evaluate the success of yourintergovernmental efforts. You willknow what worked, what didn’t andwhy, and what adjustments should bemade in subsequent plan updates.

2) Internally Consistent – Recommended actions for intergovernmentalcooperation should be consistent with those of your community’s otherComprehensive Plan elements.

3) Externally Consistent – Goals, objectives, and policies forintergovernmental cooperation should also be consistent and coordinatedwith those of neighboring communities, other governmental units in thearea, the region, and the state.

Chapter 4 Key Points:

⇨ The Comprehensive Planning Law provides a general framework for thecontent of an Intergovernmental Cooperation. How to address the fourcomponents that comprise this framework is left to your community’s discretion.

⇨ The goals, objectives and policies your Intergovernmental CooperationElement ultimately recommends should logically draw from your backgroundinformation and analysis.

TIP�Make sure that the recommendedactions of your IntergovernmentalElement are coordinated with, andreflected by, the ImplementationElement of your Comprehensive Plan.

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Chapter :

CCooooppeerraattiinngg wwiitthh PPllaannnniinngg

Cooperating with planning may be the most effective way for your community tocooperate with neighboring communities and other governmental units. It canbe an opportunity to collectively identify issues,brainstorm ideas, and reach consensus aboutwhat to do. It is a chance to address issuesbefore decisions have been made and beforedevelopment activities occur that may limitfuture solutions. Cooperating with planningprovides opportunities for jurisdictions to beproactive rather than reactive.

Because there are so many kinds ofintergovernmental issues (see Chapter 3) and so many different types ofjurisdictions (see Chapter 2), the extent to which communities can cooperate withplanning is unlimited. This chapter provides some cooperation ideas, rangingfrom simple, common-sense suggestions such as listening to more involvedprocesses like joint planning.

Pay attention to people. Jurisdictions are made up of people. This seemsobvious, but it’s something to keep in mind every time you interact withneighboring municipalities and other governmental units. Like peopleeverywhere, your neighbors have ideas, hopes, and dreams about their ownfuture and that of their community or governmental organization. Thecommunities that are most successful at intergovernmental cooperation spendtime getting to know these people and their values, motivations, skills,personalities, and communication styles. Successful communities recognize thatcooperation takes all kinds of people and personalities – leaders, followers,dreamers, big-picture people, detail-oriented people, one-issue people,promoters, optimists and pessimists (pessimists are good at spotting troublepoints). The most successful communities treat people with respect even whenthere are disagreements and setbacks. They strive to keep disagreementscentered on the issue rather than becoming personal.

TIP�Authority for planning is found in theWisconsin Statutes at:� Chapter 66 (the Comprehensive

Planning Law) (RPCs)� Chapter 62 (Cities)� Chapter 61 (Villages)� Chapter 60 (Towns)� Chapter 59 (Counties)

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Listen. When we think of communicating,our first thought is often the active part – talking. But equally important is the passive part – listening.Listening is especially important in Wisconsin because our state has so many jurisdictions. There will be many different ideas and perspectives your community will need to hear and consider.

A Wisconsin ExampleThe City of Waupaca knows the importance of human relationships. According to Henry Veleker, theCity's Administrator, positive relationships don't just happen - you have to work at them."Intergovernmental cooperation can be like a marriage. Sometimes it's hard, but you have to keepworking at it, keep putting energy into it." Veleker says that there are 6 keys to effectiveintergovernmental cooperation:

� Account for elected official stability factor. Stability allows time for relationships to developand positive experiences to happen. Should an election result in newly elected officials, you'llneed to devote considerable time getting these people engaged and up to speed.

� Start small. Cooperate first with things that you know you can agree on, such as services, thenmove onto more difficult problems.

� Start with informal cooperation. Use it to build the foundation for more formal arrangements.

� Use other staff assistance. In Waupaca's case, staff from East Central Regional PlanningCommission (ECWRPC) and UW-Extension have helped to facilitate cooperation.

� Listen! Be a good listener.

� Guts! It takes courage to think about, and suggest, new ways to do things.

The City of Waupaca now cooperates with its neighbors and other jurisdictions with regard to fireprotection, ambulance service, recycling, recreation, wellhead protection, animal control, public libraryservices, land use planning, and stormwater management.

“We have two ears and onemouth so that we can listentwice as much as wespeak.”

- Epictetus (GreekPhilosopher, 55-135 A.D.)

Participation of otherjurisdictions. Invite otherjurisdictions to participate inyour community’sComprehensive Planningprocess. Ask them to serve ona plan advisory committee ora technical workgroup or tohelp with specific tasks suchas providing data and mapsor facilitating between your commmailing lists for newsletters and to planning meetings, workshopsIn turn, accept similar invitationComprehensive Plans. DON’T Wyour neighbors to invite you, or tgovernmental meetings are openand participate – and should do you are interested.

Including other jurisdictions in yamount and quality of intergoverissues are identified and talked aeffort, and increases the likelihooIntergovernmental Cooperation already participate and those tha

Coordinate with a neighboring coPlans simultaneously. Facing issopportunities for coordination an

Provide plan drafts to youneighbors and other jurisdicThe Comprehensive Planning Larequires that your community prdrafts and proposed plan amendcertain jurisdictions (see box). His a good idea to also share draftsthe other jurisdictions that affectcommunity. For example, if youcommunity contains national forthen you could send a draft to yoForest Service district office.

In many cases, issues addressed included in a Comprehensive Pla

A Wisconsin Example:To assist with creating the St. Croix County DevelopmentManagement Plan (2000), the county invited state andfederal jurisdictions to serve on a technical advisorycommittee, including the National Park Service, U.S. Fish &Wildlife Service, Minnesota/Wisconsin Boundary AreaCommission, WisDNR, WisDOT, and Lower St. Croix RiverPlanning Commission. This technical committee raised issuesthat otherwise may not have been considered or known.

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unity and other jurisdictions. Include them onother planning-related mailings and invite them, presentations, listening sessions, and hearings.

s from your neighbors as they prepare their ownAIT FOR AN INVITATION. It may not occur tohey may forget. Keep in mind that to the public. This means that you may attendso. Showing up will let your neighbors know that

our planning process greatly improves thenmental communication. It helps ensure thatbout early on and throughout your planningd for ultimately reaching consensus. Your

Element can identify those jurisdictions thatt should participate in the future.

mmunity(ies) to develop your Comprehensiveues of mutual concern at the same time providesd improved efficiency.

rtions.

w alreadyovide planments toowever, it with all of yourrest lands,ur U.S.

in, or partsn may

The Law �The Comprehensive Planning Law requires thatyour community provide plan drafts andproposed plan amendments to:

� Every governmental body that is located inwhole or in part within your boundaries

� Every local governmental unit that isadjacent to you

� The Wisconsin Land Council� Your RPC� The public Library serving your area

See §66.1001(4)(b), Wis.Stats.

fulfill federal or state agency requirements. For example, the information in yourHousing Element can also be used in a Consolidated Housing Plan required bythe U.S. Department of Housing and Urban Development (HUD). By sendingdrafts to, and otherwise including, federal or state agencies in your planningprocess, it is more likely that certain requirements can be met simultaneously.

Meet regularly. Meeting regularly with your neighbors and the othergovernmental units that impact your community allows for continuous exchangeof planning information and ideas and is an opportunity to develop relationships.These regular meetings could continue even after your Comprehensive Plan isdeveloped. For example, yourIntergovernmental CooperationElement could recommendholding two meetings per yearwith your neighbor, with onemeeting held in the spring andhosted by your community andthe other held in the fall andhosted by your neighbor.

Many planning andintergovernmental issues will notrequire their own separatemeeting but can be dealt with as asingle agenda item within a largermeeting. This means that it maybe possible for your community to“piggyback” onto a meeting thathas already been scheduled.Working to reduce scheduling,travel, and time commitmentsmay by itself improveintergovernmental relationships becathe time and convenience of others.

Use governmentalassociations. An association ofarea jurisdictions can provide aforum to meet and talk aboutplanning and intergovernmentalissues and to get to know oneanother. An association thatmeets regularly even after aComprehensive Plan has beendeveloped can help implementthe plan and discuss conflicts that

TIP�Open Meetings LawEfforts to improve the efficiency of intergovernmentalmeetings and communication will need to comply withWisconsin’s open meetings law (see §§19.81-19.98,Wis.Stats.). This law requires (subject to exceptions)that governmental units and all their committees,commissions, and boards provide the public with priornotice anytime that representatives gather to discussjurisdictional matters. For more information about theopen meetings law, contact your corporation counsel,district attorney, or municipal attorney. See also:

� Open Meeting Law Fact Sheet (1999), by UW-Extension Local Government Center,

(608) 262-9960 or www.uwex.edu/lgc

� Wisconsin Open Meetings Law: a Compliance Guide(2001), by the Wisconsin Department of Justice.

(608) 266-1221 or www.doj.state.wi.us

use it shows that you are concerned about

A Wisconsin ExampleThe Mid-Moraine Municipal Association was founded in thelate 1950s and consists of fifteen cities and villages inOzaukee and Washington Counties. Dinner meetings arehosted by member communities at locations of theirchoosing. The association’s purposes are to exchangeinformation and resource materials, discuss problems andmutual concerns, influence other governmental units to bemore responsive to the needs of the association’s members,and to stay informed about, and influence, relevant statelegislative matters.

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may arise. Associations can also be used tomore effectively interact with state and regional governmental entities. If yourcommunity does not belong to an existing association, your element may explorejoining one.

Share information and data. Developing a Comprehensive Plan requiresinformation and data such as demographics, housing, economic conditions, soils,land use, municipal boundaries, zoning, topography, sewer and water facilities,environmental corridors, wetlands, shorelands and floodplains, and roads.Because collecting or creating originalinformation can be very expensive, itis important to communicate withother jurisdictions about your dataneeds. In doing so, your communitymay discover existing data that can beaccessed for free or at a much lowercost. Other advantages are:

� Increased chance forreaching consensus on whatthe issues and conflicts are, since everyone is relying on the sameinformation.

� Ability to get hard-to-collect information. For example, if yourcommunity’s Land Use Element addresses areas beyond your currentmunicipal boundaries, you may need to get information from thatparticular municipality, county, or RPC.

� Collecting, analyzing, and maintaining information can be anopportunity for ongoing intergovernmental cooperation – not just aone-time activity.

Conduct joint educational efforts. Because Comprehensive Planning isnew to many communities, education may be a critical component of yourcommunity’s planning effort. Education should include elected officials, staff,citizens, and interest groups. Itmay include intergovernmentalissues such as the importance ofand techniques for cooperation,and the different roles andauthorities of various types ofgovernmental units in Wisconsin.Education activities could happenthrough speakers, newsletters, websites, tours, etc. Could yourcommunity and your neighbors

TIP�Cooperating to provide education aboutintergovernmental issues has a number of benefits:� Ensures that area residents receive consistent

information, no matter what their jurisdiction.� Saves costs by pooling resources, resulting in more

education for less money.� Helps residents to understand the importance of

cooperation and builds support for the actions thatyour element ultimately recommends.

� Is an opportunity for communities to worktogether.

TIP�The compatibility of data is an important issue,particularly with Geographic Information Systems(GIS). ‘Compatibility’ means that yourcommunity’s data can be integrated and used withthe data of others. Lack of compatibility meansthat data is not used as widely and efficiently asit can be. It may even mean wasted time andeffort. See page 20 for GIS data sources.

share the time and costs of educational activities?

Contract with other jurisdictions. Your community could contract withstaff from a neighboring community or other jurisdiction - such as your county orRPC - in order to help you develop your plan or a part of your plan. This can savemoney, help ensure consistency, and also take advantage of special expertise. Forexample, maybe staff from a neighboring community has experience conductinghistorical resource surveys. Contracting with this community to help with yourAgricultural, Natural and Cultural Resources Element could save yourcommunity time and money and also result in a better element.

TIP�Cooperating with your County and RPCThe Comprehensive Planning Law includes counties and RPCs. Your county or RPC may have alreadydeveloped a plan or be in the process of developing a plan. There are a number of advantages toyour community coordinating its planning efforts with your county or RPC:

� Broader scope. Because your RPC includes hundreds of municipalities and governmental units,and your county includes dozens, they can provide a broader perspective to your community’splanning effort and show how local issues impact regional issues.

� Technical expertise. RPCs and counties can provide information on population, income, age, race,households, commuting and employment patterns, housing choices and affordability, land usesand trends, significant wildlife and natural features, soils information, historic and culturalresources, and community facilities such as sewer and water service, streets and highways,airports, rail infrastructure, and parks. Access to information is one of the many benefits tobeing a member of your RPC.

� Expertise with Intergovernmental matters. Improving intergovernmental cooperation is one ofthe functions and purposes of RPCs. RPC staff (and county staff too) understand, and can helpexplain, the powers and statutory relationships between the different types of governmentalunits, and can help facilitate and/or mediate discussions and agreements between jurisdictions.

� Consistency. Coordinating with your RPC and county can help ensure that your plan is consistentwith the plans of neighboring communities (known as ‘horizontal consistency’). It can also ensurethat your community’s plan is consistent with the plans, programs, and policies of regional, state,and federal governmental entities (known as ‘vertical consistency’).

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Develop a joint planning area. Your community and your neighbor coulddevelop separate Comprehensive Plans but plan jointly for certain areas of

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common interest, such as where boundaries coincide or where regulatoryauthority overlaps. A joint planning area could range in size from hundreds ofacres to a few parcels. It could be developed as part of your community’sComprehensive Planning effort or something that your Comprehensive Planrecommends for the future to address a particular issue. Joint planning areas areoften formalized by an intergovernmental agreement (see Chapter 6, Section D).

Promote multi-jurisdictional plans. Your community could develop asingle plan jointly with a neighboring community and other governmental units.You could develop a singleplan together with anycombination of cities,villages, counties, andtowns, and could include theparticipation of schooldistricts, special purposedistricts, RPCs, MPOs, andother governmental units.

There are a number of goodreasons for your communityto organize or take part in amulti-jurisdictionalplanning effort, including:

▻ Three benefits under the Comprehensive Planning Grant Program: � Increased chance of being awarded a Comprehensive Planning Grant.� An additional 10% in the total grant award amount.� Additional time to develop and adopt the plan.

TIP�Multi-jurisdictional plan: For purposes of this grant, a multi-jurisdictional plan means two or more local governmental unitsparticipating in the development of a single comprehensive planthat covers the jurisdictions of those local governmental unitswhich is adopted separately by each unit under s. 66.1001, Wis.Stats. A county comprehensive plan is a multi-jurisdictionalplan if two or more local governmental units located in thecounty participate and adopt the plan. For example, a multi-jurisdictional plan at a minimum would include a county and twolocal governmental units; a regional planning commission andtwo additional local governmental units; a town and a village; atown and a city, etc.From the Comprehensive Planning Grant Manual (FY 2002).See OLIS’ web site at www.doa.state.wi.us/olis or

(608) 267-2707.

A Wisconsin ExampleThe City of Marshfield and Town of Cameron have created a 300 acre Joint Planning Area(JPA). Designed to ensure that the land uses in this area will be compatible with both thecity and the town, this planning area was formalized in a cooperative boundary agreementusing section §66.0307, Wis. Stats. The agreement created a committee to govern theJPA consisting of three representatives from the City and three from the Town. Thecommittee meets at least once a month and is responsible for preparing a plan and zoningmap for the area, approving building permits, reviewing proposed land divisions, andreviewing and recommending changes to traffic regulations in the area.

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▻ Easier implementation. Jointly developing a plan means that communities willreconcile their differences at the planning stage as opposed to later on duringplan implementation. The joint plan can lead to easier implementation becauseall the communities involved have a stake in its success.

▻ Cost savings. Jointly developing a plan means that communities can share thecosts of planning staff, gathering information, developing data, conductingcitizen surveys and newsletters, purchasing computer equipment and software,and printing and distributing copies of the plan, among other things. Multi-jurisdictional planning allows some communities to develop a plan when theycould not otherwise afford to.

▻ Ongoing cooperation. Implementation, revision, and periodic update of amulti-jurisdictional plan provides an ongoing forum for communication andcooperation.

▻ Broader plan ownership. Developing a multi-jurisdictional plan can unifycommunities and jurisdictions. By involving other communities in a singleplanning effort, the resulting plan becomes everyone’s plan, and communitieswho might otherwise have been critics turn out to be advocates.

The Comprehensive Planning Law is flexible and allows for many differentcombinations of multi-jurisdictional plans. For example, a multi-jurisdictionalplan could include:

� a town and a village� a town, a city, and a Native American tribe� a group of areawide towns, cities, and villages� a county and some, or all, of its cities, villages, and towns� an RPC and some, or all, of its cities, villages, and towns

Using a county as an example, the following are some of the different approachesthat a multi-jurisdictional planning effort could take:

� A county and all of its towns, cities,and villages could agree to develop oneoverall county plan that will beadopted by each municipality as itsown plan, so that the county and all ofits municipalities are working from thesame plan.

A Wisconsin ExampleBurnett County Land Use Plan (1998):Developed by the county with input andcooperation from its towns. Although it is acounty plan, it is specific enough to eachtown that towns consider it to be their planas well.

� A county could assist its towns, cities,or villages to develop individualComprehensive Plans which wouldthen be stitched together to form thecounty Comprehensive Plan. Underthis approach, a county could provideits municipalities with informationand technical expertise and could helpto coordinate individual plans topromote overall consistency.

� A county could develop a county Comprehensive Plan - with county-widedata, maps, trends, and general goals - and its member towns, villages, andcities could developindividual ComprehensivePlans on their own that aremore detailed and specific.These individual plans wouldbe based on, and consistentwith, the county plan. Underthis approach, a county couldprovide information andtechnical expertise tomunicipalities and helpensure that municipal plansare consistent with the larger county plan. Consistency could be use of thesame information, planning goals, development standards, benchmarks, etc.

If your community decides to participate in a multi-jurisdictional planning effort,it is a good idea to agree up front about major aspects of the arrangement. Whowill lead the effort? How will costs be split? How will decisions be made? Whowill serve on the advisorycommittee(s)? What role will thecommittee(s) play? Who willmanage consultants? Who willfacilitate and organize meetings?Who will write and distributenewsletters? Who will print anddistribute plan drafts and final plandocuments? To avoidmisunderstandings, document the anscould be done with an intergovernmenunderstanding (MOU), or an approved

A Wisconsin ExampleRock County Comprehensive DevelopmentPlan (1975-current): With the assistance ofCounty planning staff, almost every town toRock County has developed a land use plan.Taken together, these town plans constitutethe County’s land use plan.

A Wisconsin ExampleA Development Plan for Waukesha County (1996):This plan coordinates other regional functional plans(transportation, agriculture, watersheds, etc.) anddevelops a framework of county-wide goals, policies,and objectives. To help municipalities developindividual plans that conform to the county plan,Waukesha County has created a 50% cost-sharingprogram.

TIP�For multi-jurisdictional planning efforts thatare awarded a Comprehensive Planning Grant,an approved resolution to develop, and theintention to adopt, a Comprehensive Plan isrequired from each participating unit ofgovernment.

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wers to these detailed questions. Thistal agreement, a memorandum of resolution.

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Create a library of planning materials. Your community could developa library of the Comprehensive Plans of neighboring jurisdictions, or you couldcoordinate with area communities to create onelibrary used by all. The library could include acollection of planning materials, including ordinances,studies, reports, and other documents. Having aplanning library provides your community with readyaccess to the specific planning goals, objectives,policies, and implementation tools of areacommunities.

Chapter 5 Key Points:

⇨ Cooperating with planning is one of the best ways to improveintergovernmental cooperation. It can be an opportunity to collectively identifyissues, brainstorm ideas, reach consensus, and base decision-making on abroader perspective.

⇨ Pay attention to personal relationships when you deal with other jurisdictions.Good communication and positive relationships don’t just happen – you have towork at it.

⇨ Your efforts to cooperate with other jurisdictions about planning can bedescribed in your Intergovernmental Cooperation Element – both thecooperation that occurred as part of developing your Comprehensive Plan andalso the cooperation ideas that are recommended for the future.

3

Chapter :

IImmpplleemmeennttaattiioonn TToooollss

Implementation tools are the specificmeans by which your community canaccomplish your ComprehensivePlan’s goals, objectives and policies.Implementing your ComprehensivePlan is important because achievingresults is the essential reason fordeveloping a plan. Implementingyour plan maximizes the return onyour planning investment and canresult in citizens supporting futureplanning efforts. It is important tokeep in mind that yourComprehensive Plan is the result ofcommunity-wide participation, vision,and probably compromise.Implementation ensures that yourcommunity’s intentions and desiresare followed.

It is important that your communityclosely connect your implementationtools to your Comprehensive Plan.Your plan will guide your implementatiospecific tools, such as zoning, are intendebe easier if issues have already been resoapplying a zoning ordinance will be muchless likely to upset neighboring communizoning issues have already been identifieComprehensive Plan.

TIP�Implementation tools are what your community willuse to accomplish your Comprehensive Planrecommendations. The Comprehensive PlanningLaw requires that by 2010 local governmentactivities that affect land use must be consistentwith your community’s Comprehensive Plan. Someof these activities are plan implementationtechniques. Examples are:

� Zoning� Land division regulations� Official maps� Intergovernmental Agreements� Sharing staff and equipment� Sharing revenue� Annexation� Incorporation� Detachment� Consolidation

These, and others, are described in more detail inthis chapter.

5

n efforts and determine what it is thatd to accomplish. Implementation willlved at the planning stage. For example, easier for your community, and muchties and other jurisdictions, if potentiald and worked through as part of your

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Historically, planning and plan implementation in Wisconsin have not beendirectly connected. However, the Comprehensive Planning Law has changed thisin a number of ways.

�� The law requires that communities develop an Implementation Element todescribe all of the specific tools, programs, and actions that will be used toimplement your Comprehensive Plan.6 By requiring specificity, theImplementation Element will ensure that everyone will know what isexpected, when, how, by whom, and later on, whether or not you weresuccessful. Your community’s Intergovernmental Cooperation Element willneed to be coordinated with your Implementation Element to ensure that thetools recommended for intergovernmental cooperation are consistent withthose recommended to implement your other Comprehensive Plan elements.

�� The Comprehensive Planning Law requires that communities adopt theirplans by ordinance.7 Prior to the law, many communities did not formallyadopt their plan or adopted only a portion of their plan. This often resulted inconfusion over whether the plan was guiding decisions and reflecting thedesires of community residents and leaders.

This chapter is broken into four sections that describe a variety of approaches,tools, and ideas that your community can utilize in your element to implementyour element’s recommendations and improve cooperation betweenjurisdictions. The sections are:

A. Cooperating with ServicesB. Cooperating with RegulationsC. Cooperating by Sharing RevenueD. Cooperating with Boundaries

However, before addressing techniques specific to these intergovernmentalissues, the following are just a few ideas for improving intergovernmentalcooperation in general.

Distribute an annual cooperation update. Your community coulddevelop an annual intergovernmental cooperation report, such as a newsletter, toshare with neighboring communities, area residents, stakeholder groups,regional and state jurisdictions, state legislators, and the media. You couldacknowledge that year’s cooperation results and show benefits. You could alsodescribe the projects and issues that will be tackled in the upcoming year. Anannual report acts like a to-do list, letting residents, elected officials, and staff inyour community, adjacent communities, and other governmental units knowwhat’s expected, what’s being achieved, and what remains to be done. It can be a

6 §66.1001(2)(i), Wis.Stats.7 §66.1001(4), Wis.Stats.

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good way to publicize cost and resource savings and recognize citizencontributions.

Use a diversity of strategies. Intergovernmental issues and conflicts arefrequently complex and may need to be approached from a variety of angles usingmore than one implementation tool - one alone may not do it. For example, aboundary conflict might be resolved using a boundary agreement, a revenuesharing agreement, extraterritorial zoning, and also an agreement on howservices will be provided to the conflict area.

Take advantage ofopportunities that pop up. Keepin mind that using one tool may leadto other chances for cooperation. Forexample, jointly operating a garagewith your neighbor to repair andmaintain municipal vehicles mightlead to consolidating your policedepartments, which then might leadto discussion of consolidating otherservices, which might ultimately leadto talk of consolidating jurisdictions.Other opportunities to watch for are agovernment mandate to provide aparticular service or a certain level ofservice, turnover or retirement ofelected officials and staff, friendshipbetween community leaders, a crisis.

Make intergovernmentalcooperation part of staff job descrip‘Community Planner’ position descriptiocontract for planning consulting servicesindividual or consultant will be responsibintergovernmental cooperation. Becausebeing specifically evaluated on intergoverit is likely that he or she will make cooperpriority and that your community will geimplementing your element’s recommen

Chapter 6 Key Point:�� Your community’s Comprehensive Pl

implementation tools such as zoning.are intended to accomplish.

A Wisconsin ExampleIn 1995, the North Shore Fire District (NSFD) wascreated from the previously independent firedepartments of Bayside, Brown Deer, Fox Point,Glendale, Shorewood, Whitefish Bay, and River Hillsin Milwaukee County. Consolidation of fireprotection services was attempted at least 3 timespreviously. Success was ultimately due to severalopportunities and factors, including:

� Decision by the City of Milwaukee to no longerprovide mutual aid to surrounding communities.

� New state 911 emergency dispatch requirements� 2 major apartment fires which would likely have

been contained with more coordinated andtimely response from neighboring communities.

� Smaller communities’ lack of staff andequipment to respond to larger fires.

� Use of a neutral facilitator� Staff turnover

7

tions. If applicable, include in then, or within the, a provision that thele for promoting the individual isnmental cooperation,ation more of a

t better resultsdations.

an is a policy document that guides It determines what it is that these tools

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A. Cooperating with Services Public officials find themselves in the increasingly difficult position of beingasked to provide more services in an environment of shrinking federal and stateaid, and local pressure to reduce taxes.New services, as well as those with a longhistory, are being scrutinized to find betterand more efficient delivery methods.Because of the potential cost savings,efficiencies, and other improvements thatare possible from cooperatively providingservices, the idea of cooperation isexperiencing a renaissance.

Many of Wisconsin’s governmental entitiesalready cooperate to provide services. Responses from a 1997 survey by theWisconsin Legislative Audit Bureau indicated that 75 percent of all localgovernments participate in one or more cooperative service agreements. A 2001survey by the Wisconsin Towns Association shows that intergovernmentalcooperation by Towns may be even greater.

Relative to other intergovernmentalissues, cooperating with servicesmay be the easiest area that yourcommunity and anotherjurisdiction(s) can agree on. It canbe a chance to build a base of successand positive feelings from whichmore challenging intergovernmentalprojects can be undertaken. It canbe a good place to start yourintergovernmental efforts.

The Comprehensive Planning Law requires that your IntergovernmentalCooperation Element address the issues of shared services.8 Your element caninventory past and current cooperation efforts with services, and can identifyfuture needs and opportunities. It can also describe your community’s goals,objectives, and policies for cooperating with services and what your communityhopes to achieve through these arrangements. Other Comprehensive Planelements might describe services in great detail. For example, yourTransportation Element might address the specifics of a shared roadmaintenance arrangement. However, your Intergovernmental CooperationElement can be the place to reference and coordinate all of the intergovernmentalcooperation activity with services.

8 See §66.1001(2)(g), Wis.Stats.

TIP�For more specific information about cooperating withservices, see the UW-Extension Local GovernmentCenter’s:� Sharing Government Services: A practical guide

(1998)� Alternatives for the Delivery of Government

Services (1998)

(608) 262-9960 or www.uwex.edu/lgc

TIP�There are a number of ways a municipality candeliver a service:� Provide the service itself using the

municipality’s own equipment and staff.� Contract with the private sector to

provide the service.� Cooperate with other municipalities and

governmental units to provide the service.

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What services can be shared, and who can share them?

Wisconsin law provides communities withtremendous flexibility and opportunity forcreativity. Towns, cities, villages, counties,state and federal agencies, Native AmericanTribes, and all other governmental units for:

√ Planning√ Ordinance enforcement such as zoning, land division, building code, traffic, etc.√ Police protection√ Fire protection√ Emergency medical response√ Hazardous materials response and rescue services√ Dispatch systems for police, fire, and emergency medical services√ Employee services, such as building inspectors, clerks, attorneys, mechanics, engineers, assessors, zoning administrators, and planners.√ Recycling, landfills, solid waste collection√ Road and street construction and maintenance, including snow removal, mowing, patching, signage, and grading.√ Property tax collection√ Employee pension pools√ Liability insurance pools√ Street cleaning√ Court and parole supervision√ Tax collection

√ Buildings for meeting space, storage, administrative offices and equipment, etc.√ Libraries√ Economic development√ Recreational programs and facilities√ Maintenance of grounds, vehicles, buildings, etc.√ Transit systems√ Stormwater Management√ Acquisition of parks and open space√ Housing√ Animal control√ Emergency management√ Public health√ Historical resources√ Elections√ Mapping√ Cemeteries√ Airports√ Training personnel √ Cooperative purchasing √ Purchasing and owning equipment√ Sewer and water

What are ideas for how to cooperate with services?

Voluntary assistance. Your community, or another, could voluntarilyagree to provide a service to your neighbors because doing so makes economicsense and improves service level. For example, many police and fire departmentsin Wisconsin have mutual aid agreements with the departments of neighboringcommunities. These agreements provide that in the event of an emergency, thedepartments will assist one another to the extent necessary. Over time, thesemutual aid agreements benefit everyone.

A Wisconsin Example:The Town of Sannborn, in Ashland County,cooperates with the Bad River Tribe toremove beaver dams that cause flooddamage to area roads.

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Trading services. Your community andanother could agree to exchange services. Youcould exchange the use of different pieces ofequipment, or equipment for labor, or labor forlabor. For example, many towns in Wisconsincoordinate the snowplowing of town line roads sothat each town does one side of the road, ratherthan turning their plows around needlessly andbacktracking. Other municipalities maintaindead-end roads or pieces of road that are logistically easier for anothermunicipality to plow.

Renting equipment.Your community could rentequipment to, or from, neighboringcommunities and othergovernmental units. Rentingequipment can make sense for bothcommunities - the communityrenting gets the use of theequipment without having to buy it, and the community renting out earns incomefrom the equipment rather than having it sit idle. To determine whether aparticular piece of equipment exists in your area and is available for rent, youcould send out a formal survey, advertise in your annual cooperation update, orjust call around.

Contracting. Your community couldcontract with another community or jurisdictionto provide a service. For example, you couldcontract with an adjacent town or village toprovide police or fire protection, or you couldcontract with the county for service in addition tothat already routinely provided by the countysheriff’s department. Another example is contracting with your county planningdepartment for assistance with developing a Comprehensive Plan.

Routine county services.Some services are already paidfor through taxes or fees.Examples are police protectionservices from the county sheriff’sdepartment, county zoning,county public health services,and county parks. YourIntergovernmental Cooperation

A Wisconsin Example:In exchange for snowplowingsome of the Town of Medary’sroads (in La Crosse County), theTown of Barre uses Medary’sballot counting equipment atelection times.

A Wisconsin ExampleThe Town of Vienna in Dane County conducted aformal equipment inventory survey of all DaneCounty towns. This survey provided Vienna withinformation on the types of machinery existing inthe area and helped the Town make decisionsabout whether to purchase or rent.

A Wisconsin ExampleThe City of Green Bay purchaseswater from the Town of ScottSanitary District for use incertain eastern portions of thecity.

A Wisconsin ExampleThe Towns of Doty, Lakewood, Mountain, Riverviewand Townsend in northern Oconto County worked withthe Oconto County Sheriff’s department to develop asatellite office in the northern part of the county.This office enables the sheriff’s department toprovide the 5 northern towns with better service thanbefore. These towns help pay the costs of thebuilding and equipment based on equalized value.

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Element could identify areas where improvements are needed and couldrecommend ways to cooperatively address them.

Sharing municipal staff.Your community could share staffwith neighboring communities andother jurisdictions – both municipalemployees and independentlycontracted professionals. You couldshare a building inspector, assessor,planner, engineer, zoningadministrator, surveyor, accountant, drivers, mechanics, grounds crew, etc.Sharing staff has numerous advantages, including:

� Improving communication between jurisdictions (because shared staffcan cross-pollinate information and ideas).

� Saving costs, including salary and fringe benefits, administration, andtraining9 expenses.

It is important to keep in mind that sharing staff may involve union issues.10

Consolidating services.Your community could agree with one or more other communities orgovernmental units to provide a service together. Consolidating services isfrequently done to provide fire protection service. This is evident from the factthat Wisconsin has 1,850 cities, villages, and towns, but only 863 firedepartments.11 Consolidation can make a particular service feasible when itotherwise might have been cost-prohibitive or inefficient.

Some tips for consolidating services are:� Strong political leadership is needed to build community support for

consolidation. � Use a neutral facilitator so that smaller communities will not feel

coerced by larger ones. � Involve current staff. It is much easier to implement a new department

when current staff is comfortable with how it will happen. � Set service goals. Improved services are usually a major reason for

consolidation. Setting measurable goals allows success to be gauged.

9 Given the growing complexity of operating and maintaining technical equipment, decreased training costs(or more training at the same cost) is one of the greatest benefits of sharing staff.10 A potential union issue could be differences in work hours or it could be a contract clause that prohibitsa municipality from using staff from a non-unionized municipality. However, according to the AmericanFederation of State, County, and Municipal Employees (AFSCME), union issues have not typicallyhindered staff sharing. Where there are differences in union contracts, these can be renegotiated.11 Alternatives for the Delivery of Government Services (1998), by the Local Government Center, UW-Extension, pg. 7.

A Wisconsin ExampleThe Village and Town of Rochester in RacineCounty share a municipal building and a clerk.The clerk, Betty Novy, spends part of her weekin the building’s east end working on villagematters and part of her week in the building’swest end working on town matters.

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� Create a new identity. Things such as new uniforms, logos, letterheads,badges, or new work rules signify a fresh start and help theconsolidated office begin to function as a team.

� Set up an oversight team to monitor the new service outcomes.

Joint use of a facility. Your community could use a public facility alongwith another jurisdiction(s). The facility could be jointly owned or onejurisdiction could rent space fromanother. Examples of facilities thatcan be shared are municipalbuildings, school buildings andgrounds, garages, jails, parks,campgrounds, education/job trainingcenters, marinas, landfills, theatres,stadiums, swimming pools, golfcourses, and neighborhood centers.

Special purpose districts.Special purpose districts are created to provide a particular service, unlikemunicipalities which provide many different types of services. Likemunicipalities, special purpose districts are separate and legally independententities. They have their own governing bodies, boundaries, ordinances, andtaxing authority. This distinguishes themfrom municipal financing tools such asTax Incremental Financing (TIF) districtsor sidewalk districts that are not legallyseparate. Autonomy is one of theadvantages of special purpose districts,but it can also be a disadvantage (see box).Because they have their own boundaries,they may include more than onemunicipality, or may include parts ofmunicipalities. Some examples of thekinds of services that a special purpose district could provide are sewer andwater, transportation, utilities, stormwater management, lake protection, solid

A Wisconsin ExampleOutagamie, Brown, and Winnebago Counties sharerecycling facilities. Paper is sent to one facility,and metal, glass and plastics to a different facility.This eliminates the need for multiple versions ofthe same equipment. The arrangement has savedresidents millions of dollars.

A Wisconsin ExampleIn 1995, the villages of Kimberly and Little Chute consolidated their policedepartments. The new department chose new badges, uniforms, and a new name – theFox Valley Metro Police Department. Operations were moved to the Little ChutePublic Safety Building. The former police headquarters in Kimberly were closed andreopened as a senior center. The consolidation resulted in better service (includingmore specialized staff and expanded community relations activities), increased crimereporting, and decreased violent crime.

TIP�Think carefully before you create a specialpurpose district. While they can provideexcellent service, they are yet another layerof government and can make cooperationmore challenging. Once created, specialpurpose districts can be autonomous. If youdo create one, pay close attention to how itwill be governed.

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waste and recycling, and energy. School districts are also considered specialpurpose districts because they exist solely to provide education.

Joint purchase andownership of equipment.Your community could agreewith other jurisdictions tojointly purchase and ownequipment such as potholepatching machines, mowers,rollers, shoulder-shapingmachines, snowplows, streetsweepers, and crack-sealers.Sharing equipment can beespecially important for townsbecause road maintenancerepresents such a largepercentage of theirexpenditures.12

Cooperative purchasing.Cooperative purchasing, or procurement, is where jurisdictions purchase suppliesand equipmenttogether to gain morefavorable prices. Inaddition to savingmoney, cooperativepurchasing reducesstaff time inresearching products,comparing prices,writing bidspecifications, andadministering thecontract. Cooperativepurchasing can alsoinclude buying usedor surplus equipmentfrom otherjurisdictions.

12 In 2000, towns in Wisconsin devoted 48.1% of their expenditures to construction and maintenance ofstreets and roads.

TIP�Pros of jointly sharing equipment

+ Allows a community to benefit from equipment it would not otherwise have access to

+ Reduces storage needs + Allows for more frequent equipment upgrades + Increases the use of equipment so it spends less time idle + May decrease insurance costs + Enables communities to use the newest technologies + Improves quality of life for area residents

Cons - Equipment may not be available when desired. - A schedule needs to be developed for use of the equipment. - Increased record keeping may be required. - Equipment may deteriorate more rapidly.

TIP�VendorNetVendorNet is Wisconsin’s electronic purchasing system. It provides apurchasing forum for state agencies, municipalities, and othergovernmental units who want to purchase goods and services, and thebusinesses that seek to provide them. Municipalities can use VendorNet tofind and use contracts already negotiated by the state, or they can posttheir own municipal bids and proposals on VendorNet to gain a far broaderbase of prospective businesses from which to choose. Municipalities cansave between 20% to 60% when using statewide contracts on VendorNet.A state contract exists for just about every good or service that yourcommunity might need. VendorNet is available at:http://vendornet.state.wi.us/vendornet/ See also the WisconsinAssociation of Public Purchasers (WAPP) for more information aboutcooperative purchasing: www.wapp.org.

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The importance of seeking inputBefore entering into a service-sharing arrangement, it is a good idea to seek inputfrom area residents, stakeholder groups, vendors, and neighboring communitiesand other governmental units that are not a party to the arrangement. Yourservice sharing arrangement may impact them. For example, some residentsmay not want a service consolidated despite the cost savings of doing so. Theymight prefer the more immediate and personalized service they currently receive,even if it is more expensive. Should a service sharing arrangement be in writing?People forget the details over time, and putting your arrangement in writingensures that it will survive staff turnover and changes in elected officials.An intergovernmental agreement that is integrated with your community’sComprehensive Plan is the most secure way of recording your service sharingagreement.

There are 2 statutory methods for formalizing intergovernmental agreements forservices:

□ General agreements under §66.0301, Wis. Stats.This is the type of intergovernmental agreement that is most commonlyused for services. These agreements are called general agreementsbecause §66.0301, Wis. Stats., grants municipalities13 with authority tocooperate on a very broad range of subjects. Specifically, §66.0301, Wis.Stats., authorizes municipalities to cooperate together for the receipt orfurnishing of services or the joint exercise of any power or duty requiredor authorized by law14. The only limitation is that municipalities withvarying powers can only act with respect to the limit of their powers. Thismeans that a general agreement cannot confer upon your communitymore powers than it already has.

□ Cooperative Boundary Agreements under §66.0307, Wis. Stats.If your community’s service sharing arrangement is part of a largeragreement about municipal boundaries, then you could utilize thecooperative boundary agreement statute. Section 66.0307, Wis. Stats.,requires that a plan be developed that describes, among other things, howservices will be provided to the agreement area.

Whichever type of agreement your community uses, it is important to specifyWHO will share services, WHAT will be shared, WHEN will the arrangementcommence and end, WHERE will services be provided (to the entire community

13 Section 66.0301, Wis. Stats. broadly defines ‘municipality’ to include the state, cities, villages, towns,counties, school districts, public library systems, lake protection districts, sanitary districts, drainagedistricts, metropolitan sewerage districts, sanitary sewer districts, solid waste management systems, waterutility districts, transit commissions, and RPCs, amongst others. Additionally, § 66.0303, Wis.Stats.,further expands ‘municipality’ to include jurisdictions in other states. 14 See §66.0301(2), Wis. Stats.

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or just part?), HOW will the arrangement work, and HOW can the arrangementbe changed or terminated? For example, if your community and your neighborsare arranging to jointly purchase and own equipment, you should specify whichjurisdictions are participating, what equipment will be jointly purchased andowned, for how long, where will the equipment be stored, how will the purchaseprice be divided, how will use of the equipment be shared, how will maintenanceand liability costs be apportioned, and how will records be kept?

Key Points of Section A. Services:

⇨ Cooperating with services can save money, improve the quality and efficiencyof services, and allow services to be provided that would not otherwise befeasible.

⇨ The Comprehensive Planning Law requires that your IntergovernmentalCooperation Element address services. Your element can identify existing servicesharing arrangements, and identify and recommend future opportunities forcooperation.

⇨ Services are a good place for your community to start its intergovernmentalcooperation efforts.

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B. Cooperating with Regulations

Cities, villages, towns, counties, the state, the federal government and other typesof jurisdictions may all create and administer laws and regulations. The kinds ofregulations will vary. For example, cities,villages, towns, and counties may developordinances while the state has statutesand administrative rules. Otherjurisdictions’ laws and regulations mayprofoundly affect the issues that yourcommunity faces and the courses of actionthat are available.

Your own community’s ordinances areimportant because they play a key role inhelping you implement your plan. Howyour ordinances relate to those ofneighboring communities and to the lawsof other jurisdictions could influencewhether or not your plan is implemented.For this reason, intergovernmentalcooperation is vital. Consider that:

� Developing and administering a codeof ordinances can be expensive. You’llexpend time and resources draftingcode language, answering questions,issuing permits, and investigating andenforcing violations. It also requiresoffice space and equipment, some ofwhich may need to be specialized suchas survey and mapping equipment. Inthis way, administering ordinances issimilar to the services mentioned in Section A. It can be thought of as aservice to the community as a whole. As with other services, cooperating withyour neighbors can help communities administer ordinances more costeffectively.

� Local land use authority in Wisconsin is often overlapping in nature withother jurisdictions, or reciprocally shared. This means that cooperationneeds to happen in order for your community’s ordinances to workeffectively.

TIP�Examples of the kinds of laws and ordinancesthat your community could cooperate with yourneighbors on include:

� General zoning ordinances� Land division ordinances� Building permits� Municipal violations such as speeding,

parking, and stray animals� Lake management ordinances� Official maps� Certified survey maps� Impact fees� Non-metallic mining ordinances� Shoreland, wetland, and floodplain

ordinances� Airport zoning ordinances� Agricultural preservation ordinances� Erosion control and construction site

ordinances� Sanitary sewer/private septic system

ordinances� Drainage district rules� Stormwater management ordinances

The Comprehensive Planning Law requires that by2010, regulations, such as those above, thataffect land use be consistent with yourcommunity’s Comprehensive Plan.

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� Your community’s ordinances may have impacts beyond your boundaries.For example, local ordinances dictating lot sizes can affect housing inneighboring communities.

� Some local ordinances are required as part of a larger legal framework. Forexample, Wisconsin counties are required by state statute to have ordinancesfor shoreland areas along lakes, rivers, and other navigable waters. Cities,villages, and towns may also adopt shoreland ordinances.

Your community’s Intergovernmental Cooperation Element can inventory otherjurisdictions’ ordinances and regulations. Which specific regulations most affectyour community? How? Are there areas where laws conflict? Are there statelaws that hinder the resolution of conflicts? Are there state laws that createopportunities? These are questions your element can tackle.

Your element and your Comprehensive Plan as a whole should be developed withnot only your community’s current legal tools and framework in mind, but alsopotential tools and framework which would best accomplish your goals,objectives, and policies.

This section focuses on three of these regulations:� general zoning ordinances� land division ordinances� official mapping.

These are the ordinances whose application overlaps (or is reciprocally shared) tothe greatest degree with other jurisdictions. They are also ordinances required bythe Comprehensive Planning Law to be consistent with your plan by 2010.

□ ZoningZoning is a regulatory mechanism that indicates how a parcel of land may beused. For example,zoning may indicate thatland is used forresidential, agricultural,commercial, forestry,conservation, or mixed-use or other specifiedpurposes. A zoningordinance typicallyincludes text thatdescribes the land usespermitted withinvarious zoning districtsand a map that showsthe application of these

TIP�Zoning is frequently confused with planning. Zoning is actually a tool,among many different tools, used to implement a plan. A zoning code islimited to describing the uses that will be permitted for variousdistricts, while a plan is much broader and expresses community goals,objectives, and visions. The plan is what guides a zoning code.

Authority for zoning is found in the Wisconsin Statutes at:� Chapter 62 (Cities)� Chapter 61 (Villages)� Chapter 60 (Towns)� Chapter 59 (Counties)

For more information about zoning in Wisconsin, see Community Guideto Planning (1998), by UW-Extension. The guide is available at:

(608) 266-2098 or www.wisc.edu/urpl/people/ohm/index.html

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districts to the community. Zoning can apply to incorporated area (cities andvillages) and unincorporated area (towns).

City and village zoning authority can extend beyond their boundaries intounincorporated lands. These are extraterritorial zoning jurisdiction areas. Theextraterritorial zoning jurisdiction for a first, second, and third class city extends3 miles beyond its corporate limits. The extraterritorial zoning jurisdiction forfourth class cities and villages extends 1½ miles beyond the corporate limits. Ifthe extraterritorial areas of two cities or villages overlap the area of overlap isdivided equally between the two jurisdictions.

Tribal lands may also be zoned.

The table below shows the local jurisdictions that may have general zoningauthority. It shows how parcels located in unincorporated areas andextraterritorial areas in particular may have jurisdictions with overlapping orreciprocal authority.

Jurisdictions having General Zoning Authority

Location of Parcel City/Village County Town

Incorporated Area Yes No15 No

Unincorporated Area(outsideextraterritorial area)

No Yes16 Yes

Extraterritorial Area Yes17 No Yes

The zoning process is slightly different depending on whether a parcel is locatedin an incorporated or an unincorporated area.

▻ Zoning in incorporated areas. Cities and villages may zone the territory withintheir municipal boundaries. Although zoning is not required in incorporatedareas, most cities and villages in Wisconsin do have zoning. If your community isa city or village, it is important that you coordinate your zoning activities withthose of neighboring jurisdictions and the county to ensure compatible uses,especially at municipal boundaries. Lack of coordination can lead to unwantedimpacts. For example, if an area along your boundary is zoned “residential” anda neighboring municipality zones the adjacent parcel “industrial”, there may benegative impacts to your residential area with truck traffic, noise, bright lights,odors, etc.

15 Although counties do not have authority inside incorporated areas over general zoning, they may haveauthority over certain special zoning ordinances, such as shoreland and floodplain ordinances. 16 In unincorporated areas, a parcel may be zoned by a town, the county, or it may have no zoning at all. 17 Zoning authority in extraterritorial areas is reciprocally shared between the city or village and theaffected town.

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▻ Zoning in unincorporated areas.There can be county-level zoning or town-level zoning or extraterritorial zoning, orno zoning on a particular parcel ofunincorporated land. With county-levelzoning or extraterritorial zoning, neitherjurisdiction can apply zoning without theapproval of the other. Zoning authority isreciprocally shared. This means that thejurisdictions need to cooperate and worktogether closely in order for zoning towork well.

How can your community cooperate withyour neighbors and other jurisdictions about zoning issues?

Provide notice and review. Coordinate with your neighbors and otherjurisdictions to provide each other with notices of zoning related actions such asamendments, rezonings, variances, and proposed major development projectsand provide sufficient time for review and comment. Such a notice and reviewprocess could expand on that already required by statute. Use computer andinternet technology to provide notice to many people very quickly and at almostno cost, but with greatly improved quantity and quality of intergovernmentalcommunication. Timely notice facilitates early identification and resolution ofpotential conflicts and builds trust. Keep in mind that if your community doesstart up or participate in a notice and review process, you need to be prepared tosincerely consider the comments that you receive.

Meet regularly. Develop a work group of area planners, codeadministrators, municipal attorneys, and interested elected officials to meet anddiscuss zoning issues. The work group could compare code language, identifyinconsistencies and conflicts, and brainstorm ideas for resolving these conflicts.

Consolidate zoning offices. Your community could consolidate zoningoffices with a neighboring community to improve efficiency. This would allowyou to share office space, expert staff such as a zoning administrator, planner,mapping specialist, attorney, and support staff, and costly equipment such asmapping software, computers, and printers.

Develop extraterritorial zoning. Wisconsin statutes allow cities andvillages to develop zoning for extraterritorial areas.18 This can provide your 18§ 62.23(7a), Wis. Stats.

Wisconsin Examples:Washington County is an example of a countywithout county-level zoning. Instead, all 13 of itstowns administer their own zoning ordinances.

Columbia County is an example of a county withcounty-level zoning. 19 of 21 towns in ColumbiaCounty participate in the county’s zoningordinance. The two remaining towns have nozoning.

County/town zoning information in Wisconsin isavailable at: www.doa.state.wi.us/olis

community and your neighbors with a means for implementing your planninggoals and recommendations in urban-rural transition areas. Zoning in theseareas can help to limit the financial costs of unplanned development.

Just as in counties withcounty-level zoning, zoningauthority in extraterritorialareas is reciprocally shared– except this time it isshared between the city orvillage and the affectedtown(s). A jointextraterritorial zoningcommittee is established todevelop an ordinance for theextraterritorial area. Thecommittee consists of 3members from the city orvillage and 3 members fromeach affected town. Thismeans that zoning cannothappen unless everyoneagrees.

A Wisconsin ExampleThe City of Reedsburg has administerecooperation with the Towns of Reedsbthe Reedsburg Area Development Counmembers from each town. A separateand consists of 1 member from each m

Extraterritorial zoning in Reedsburg htransition areas. This success may be

1) the communities share the philosoin the town;

2) cooperation extends beyond just ztransportation;

3) good relationships between municia key staff member for the city h

TIP�What is an ”extraterritorial jurisdiction”?It is the area of a town that surrounds an incorporatedmunicipality (cities and villages). The extent of theextraterritorial area depends upon the class of the city orvillage. Wisconsin statutes categorize cities into four classesbased on population [see § 62.05 (1), Wis. Stats.]. For first,second, and third class cities, the extraterritorial jurisdictionextends 3 miles beyond the city’s corporate limits. For fourthclass cities and villages the jurisdiction extends out 1½ miles.Where the extraterritorial jurisdiction of two cities orvillages overlap, the extraterritorial jurisdiction extends to aline equidistant from the corporate limits of each municipality.

The purpose of extraterritorial areas is to promote moreplanned and orderly growth in urban-rural transition areas. Itallows cities and villages to influence the land use ofunincorporated lands that may eventually be annexed to thecity or village.

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d zoning in its 1½ mile extraterritorial jurisdiction since 1975, inurg and Winfield. The extraterritorial zoning committee, calledcil, consists of 9 members – 3 members from the city, and 3

entity, an extraterritorial zoning board of appeals, also existsunicipality.

as led to more thoughtful, orderly and compact development in itsbecause:

phy that urban uses should be in the city and rural uses should be

oning to functions such as public works projects and

pal representatives. Turnover of area elected officials is low andas worked in his current position for 38 years.

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Join county zoning. In counties withcounty-level zoning, towns without zoning mayrequest to be under county zoning. This takesadvantage of the existing staff expertise,equipment, and experience of the county’szoning program. It means that your town canhave zoning without the expense of runningyour own zoning office.

Develop ordinances simultaneously.This creates an opportunity for you and your neighbors to work together onissues of mutual concern and to share resources. For example, you could sharestaff, mapping equipment, ordinance language, etc.

□ Land division ordinancesLand division ordinances (also known as subdivision regulations) regulate thedivision of larger tracts of land intosmaller parcels for developmentand conveyance. They generallyseek to accomplish two main goals:1) set forth technical survey andmapping requirements so that lotswithin a platted subdivision can beconveyed by a lot number insteadof by cumbersome metes andbounds descriptions. 2) set forthlayout and improvementrequirements that articulate publicpolicy and planning concerns related to development that usually accompaniesland division. A typical land division ordinance might provide for the following:

� Size of parcels, depending on their intended type and use.� Location of open space.� Street widths and improvement standards.� Required public dedications or easements for such things as sidewalks,

neighborhood parks, utilities, street lighting, environmental trails, protectionof environmentally sensitive areas, and stormwater management facilities.

Cities, villages, towns, counties, and the state all have authority over landdivisions. This means that like zoning, multiple jurisdictions may be involved.However, unlike zoning, the ordinances, rules, and statutes of multiplejurisdictions apply simultaneously to a parcel of land. For example, land located

TIP�Authority for land division regulations is found at§236.45, Wis.Stats. While zoning controls the use ofproperty and the types of development that will beallowed, land division ordinances address the specificdesign and layout of the development.

For more information, see the Wisconsin Platting Manual(2001), updated annually and available at:

www.doa.state.wi.us/olis or (608) 266-3200

“We have adopted county zoning and relyon them for enforcement. There is noway that a town of 354 people couldwrite and administer zoning and do aseffective a job at a reasonable cost...We are consulted about any land usechange within the town and give ourviews on the same.”

-Kathleen Hovland-Frisch, clerkTown of Peck, Langlade Co.

in an extraterritorial area could be subject to requirements from the city or

village, town, county, and state. The most restrictive requirements will control. Also unlike zoning, the extraterritorial plat approval jurisdiction changes withannexation (annexation isdescribed in Section D on page59).19 This means that if yourcommunity annexes land, youmay affect the extraterritorial platapproval jurisdiction of aneighboring community.

The simultaneous nature of landdivision authority means thatcooperation is critical if yourcommunity’s ordinances are towork effectively. Some ideas forcooperating with land divisionordinances are:

Communicate. With somany governmental unitspotentially involved with landdivisions, working to improvecommunication is a good idea.You could schedule regularmeetings or also create an emaillistserve to keep each othercurrent on issues and solicitfeedback.

Develop a land divisionordinance concurrently.Coordinate with your neighbors tocreate land division ordinances,or update existing ones,concurrently. This provides achance to identify and addressarea issues together and also toshare ideas and resources. Forexample, where desired,communities could share

19 For zoning, changes to the extraterritorial jurisdzoning committee and zoning ordinance revision.

TIP�Extraterritorial plat approval jurisdiction

Before annexation...

After annexation...

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iction requires agreement by the joint extraterritorial

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ordinance language. A Comprehensive Planning process could be the impetus forsuch an effort.

Share. Administering and enforcing a land division ordinance is technicallydemanding and can be expensive. Sharing staff, equipment, office space, andtraining can save money and improve communication about land division issues.Your community could also contract with another jurisdiction to review proposedland divisions. For example, you could contract with your RPC.20

Intergovernmental agreements.Consensus about land division ordinances canbe one of the components of a largerintergovernmental agreement. For example, acommunity could agree to waive itsextraterritorial plat approval authority incertain areas in exchange for something else.21

Jurisdictions having authority for proposed subdivision plats

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Plat Location

City or Village X X* X X** X***

Town X X X X** X***

Town within anExtraterritorialPlat ApprovalJurisdiction

X X X X X** X***

* Currently 18 counties exercise review authority for plats in cities and villages:Brown Fond du Lac Racine WalworthCalumet Juneau Rock WashingtonDane Manitowoc St. Croix WaukeshaDodge Milwaukee Sheboygan Winnebago.Door Oconto

** If plat abuts a State Trunk Highway, Interstate Highway or connecting highway.*** If plat is served with private septic systems. Currently, the WI Dept. of Commerce delegates review authority tothe County.

20 Chapter 236 of Wisconsin’s statutes provides broad authority for jurisdictions to cooperate in reviewingand approving plats, including RPCs. It also authorizes municipalities to waive their authority entirely.See §§236.10(4) and (5). 21 Public dedications require local approval. Municipalities may not transfer this authority to anotherjurisdiction.

A Wisconsin ExampleThe City of Madison and the Town of Middletondeveloped an intergovernmental agreement in1994 where the City agreed not to exercise itsextraterritorial plat review authority west ofPioneer Road in return for the Town’s promisenot to judicially contest any annexation east ofPioneer Road.

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□ Official Maps

An Official Map is a map showing a community’s public facilities - both existingand proposed. Official maps can show streets, highways, historic districts, parks,parkways, playgrounds, railroad rights-of-way, waterways, and public transitfacilities.

The purpose of an official map is to protecta community’s investment in publicfacilities by identifying and reserving landfor public purposes. An official mapensures that no improvements will be madeto land designated for future public use thatmight add to future costs.

Official maps can be used to implement therecommendations of Comprehensive Plans,and plans for stormwater management,transit, streets and highways, parks andopen space, drainageways, floodlands,wetlands, and historic areas. Although they are one of the most effective meansfor reserving land, official maps remain among the least used of the planimplementation techniques.22

Cities, villages, and towns may adopt official maps. Counties, and the WisconsinDepartment of Transportation (WisDOT), may adopt modified official maps thatidentify transportation facilities. As with land division ordinances, the officialmaps of multiple jurisdictions may potentially apply to an area. For example, in acity or village’s extraterritorial area, the official maps of the town, county,city/village, and WisDOT may all apply. This overlapping authority means thatcooperation with your neighbors is critical if the public improvements youproposed with your official map are to be implemented. Cooperating with officialmaps can improve the efficiency, cost, quality, and equity of public facilities, andensure that these facilities make sense for the community and for the region.

The Comprehensive Planning Law requires that public facilities be addressed inthe Utility and Community Facilities Element. Your IntergovernmentalCooperation Element can describe the intergovernmental aspects of publicfacilities. It could describe past and existing cooperation efforts and recommendfuture projects, including what facilities will be developed, how costs will beshared, and how mutual decisions will be made. Some cooperation ideas include:

22 A 1990 survey by SEWRPC found that 64% of cities in Southeast Wisconsin had official maps, 47% ofvillages, 29% of counties and 2% of towns.

TIP�Official maps are sometimes confusedwith other maps used by municipalities,such as zoning maps, land use maps, mapsfrom street and highway system plans, andothers. While these maps may bedesignated as ‘official’, they lack the legalsignificance of an official map. An officialmap is required to be much more accuratein detail and scale and involves notice,adoption, and amendment procedures thatare set forth in §62.23(6), Wis.Stats.

55

Find out who has a map? Track down all of the official maps existing inyour area and region and request copies. If your community has a map, makesure that you send copies to your neighbors, county, RPC, WisDOT district officeand other relevant jurisdictions depending on the issue. For example, if yourofficial map affects parks, parkways, floodplains, or wetlands, send it to WisDNR,the U.S. Forest Service, and the U.S. Army Corps of Engineers (ideally, have theseentities provide input also as you develop your map).

Study public facility needs jointly. Studies and reports that identify theuse of a facility, along with future needs and alternatives, will often be moremeaningful when examined at the regional level. Also, studying an issue jointlycan save money and allow for a more thorough examination of options andpotential costs.

Develop official maps concurrently. Related to joint studies, yourcommunity could coordinate with your neighbors to create, or update, yourofficial maps concurrently. This can be an opportunity to share ideas andresources, and to ensure that the public facilities being planned by everyone areconsistent. A Comprehensive Planning process can be the impetus for such aneffort.

Key Points of Section B. Regulations:

⇨ Local land use authority in Wisconsin is often overlapping in nature with otherjurisdictions, or reciprocally shared. This means that cooperation needs tohappen in order for your community’s ordinances to work effectively.

⇨ Developing and administering a code of ordinances can be expensive.Cooperating with your neighbors and other jurisdictions can help lessen this costthrough increased efficiency.

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C. Cooperating by Sharing Revenue Sharing revenue can improve relationships between your community and otherarea jurisdictions, enhance services for your residents, and improve the area’sfunctioning as a whole. Sharing revenue enables every community to benefit inthe region’s economic success and also to share responsibility in addressing itsproblems. Sharing revenue helps to balance local economic disparities and tolessen undesirable competitionbetween communities fordevelopment.

Your Intergovernmental CooperationElement can identify existing sharingarrangements, as well as conflicts andneeds that could be resolved bysharing revenue. It can alsorecommend that revenue sharing beimplemented or studied in the future.The kinds of revenue that yourelement could address are local taxesand fees, state shared revenue, schoolaids, and state and federal grants andloans.

Wisconsin has a long history – almost 100 years - of state-local revenue sharingto local communities and school districts. This has helped to balance local taxrates and has ensured a basic level of service for all Wisconsin residents.

Revenue sharing between local communities has been much less common thanstate-local revenue sharing. However, revenue sharing at the local level has thepotential to be just as effective as state-local revenue sharing and can help yourcommunity resolve some of the intergovernmental conflicts that your elementidentifies. There are several types of intergovernmental agreements that can beused for revenue sharing:

▷ Municipal Revenue Sharing Agreements under §66.0305, Wis.Stats. This is the only type of agreement specific to revenue. It allows adjacentcommunities to share taxes and fees and requires:

� a public hearing� a non-binding referendum (if requested)� specifics about the duration of the agreement� which revenues are to be shared and how� important dates.

TIP�What are some examples of revenue sharingagreements?

� A city agrees to sell water and sewer serviceto new development located in the town, andin return, the town shares the property taxrevenues with the city.

� To settle a dispute about the location of a newbusiness, two municipalities agree to sharerevenue.

� Two communities apply jointly for a stategrant.

� By agreeing not to annex certain town lands,the Town shares with the city a portion ofthe tax revenue collected from these lands.

Municipal Revenue Sharing agreements under §66.0305, Wis. Stats. may addressother issues, such as services or boundaries. This means that your communitycould include revenue sharing as one of the components to a larger agreement.

▷ Stipulations and Orders under§66.0225, Wis. Stats. This type ofagreement is used for resolvingboundary conflicts. It is described inmore detail in Section D. Using aStipulation and Order, yourcommunity could agree to exchangerevenue for territory.

▷ Cooperative BoundaryAgreements under §66.0307,Wis. Stats. This type of agreementis used to resolve boundary conflicts (see Section D). Using a CooperativeBoundary Agreement, your community could agree to exchange revenue forterritory, revenue for services, or any number of other arrangements.

K⇨ereim

A Wisconsin Example:The City and Town of Burlington settled a 2-yearannexation lawsuit by developing a Stipulation andOrder using §66.0225, Wis. Stats. Under thisagreement, the Town will be compensated for 100% oflost tax revenue in the first year following annexation,and in an amount that decreases in 20 percentincrements over the next four years. Anextraterritorial zoning committee made up of 3members from each the Town and City was created tooversee the agreement and to develop zoning for theCity’s extraterritorial area.

A Wisconsin ExampleRacine Area Intergovernmental Sanitary Sewer Service, Revenue-Sharing, Cooperation andSettlement Agreement (April 2002)This agreement initially includes the City of Racine and the towns of Mount Pleasant and Caledonia.It may eventually also include the Villages of Sturtevant, Elmwood Park, Wind Point, North Bay andthe Towns of Yorkville, Raymond, and Somers, and numerous sewer utility districts affiliated withthese municipalities. The agreement ended a two-year moratorium on sewer extensions from Racine’sregional wastewater treatment plant needed to serve new development in municipalities outside ofRacine. It also resolved many other related issues such as stormwater management, municipalboundaries, extra-territorial zoning and plat review, and sharing revenue from both old and the newgrowth that occurs outside of the City’s of Racine’s boundaries. Specifically, the City will receiveapproximately $74 million in revenue over the next 30 years from surrounding municipalities.

This agreement resolves differences that may otherwise have led to expensive and prolongedlitigation that could have harmed the economic and social well-being of the greater Racine area.Also, by reaching consensus, these communities may utilize federal funding to pay for expanding thetreatment plant.

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ey Point of Section C. Sharing Revenue:

Your community’s Intergovernmental Cooperation Element can identifyxisting sharing arrangements, as well as conflicts and needs that could besolved by sharing revenue. It can also recommend that revenue sharing beplemented or studied in the future.

D. Cooperating with Boundaries

To some, the idea of municipal boundaries may seem provincial, even irrelevant.In today’s world, business has become global, ‘cyber’ transactions occurinstantaneously across the countryand across the world, and our dailytravel can take us well beyond ourhome communities. However,boundaries still matter. Theycontinue to profoundly affect ourlives, impacting land uses anddevelopment, services, taxation,political accountability, revenue,transportation, agriculturalsystems, natural resources, andeconomic opportunity. They canalso shape feelings of communityidentity and home.

Boundaries may be the most challengiHowever, resolving boundary conflictscertainty that results by cooperating wdecision-making, greater economic opdecreased legal expenses, more efficiegreater public and private investment identity, and an improved quality of li

The Comprehensive Planning Law reqissues in your Intergovernmental Coopconflict. Your element can include a malong with the boundaries of adjacent purpose districts, the county, the regiogovernment, etc.).

Your Intergovernmental Cooperation particular boundary issues are a problirregular and difficult for area residenperhaps overlapping jurisdictional bouinefficiency. Perhaps the unpredictabcommunity to know what to plan for. strategies to address these boundary i

TIP�How can municipal boundaries be altered?

� Annexation� Detachment� Incorporation� Consolidation� Intergovernmental Agreement

The Comprehensive Planning Law requires that by2010, these boundary-altering mechanisms beconsistent with your community’s ComprehensivePlan.

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ng of all intergovernmental issues. can have dramatic improvements. Theith boundaries can lead to more timelyportunity, protection of natural resources,nt service provision, better planning,in infrastructure, greater communityfe for residents.

uires your community to address boundaryeration Element if they are a source ofap of your existing municipal boundaries

or overlapping jurisdictions (specialnal planning commission, tribal

Element can also identify places whereem. For example, boundaries may bets and service providers to ascertain. Or,ndaries are creating confusion and

ility of annexation makes it hard for your Your element should also recommendssues.

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□ Annexation

Annexation is the process of transferring parcels of land from unincorporatedareas to adjacent cities or villages. It involves:

1) at least one landowner2) a town 3) a city or village, and,4) in counties with 50,000 or more persons, Municipal Boundary Review.

Annexation in Wisconsin is a landowner driven process. A landowner maypetition a city or village to annex a parcel of land because they desire a higherlevel of service than what is provided by the town, or for other reasons.

Cities and villages may only reactto annexation petitions. Theycannot initiate them.23

Towns and counties have even lessof a statutory role.

Because communities can onlyreact to them, annexations canmake planning difficult. This isproblematic because the placeswhere annexation occurs - at theperiphery of cities and villages – iswhere planning is often mostimportant.

Although they may not seem like it(depending on your community’sperspective), annexations canfunction as “gateways” to goodthings. They can be a gateway to aboundary agreement, a revenuesharing agreement, a multi-jurisdictional Comprehensive Plan,an extraterritorial agreement, aservice sharing agreement, or any number of positive outcomes.

23 An exception is where the territory petitioned for annexation is owned by the city or village.See §66.0223, Wis.Stats.

TIP�Authority for annexation is found in §§66.0217-66.0223,Wis. Stats. For more information, contact:

� Municipal Boundary Review (MBR). MBR reviewsannexations in counties with populations of 50,000 ormore and issues advisory opinions about whether ornot the annexation conforms to statutoryrequirements. Contact MBR at:

(608) 266-0683 or www.doa.state.wi.us/olis

� UW-Extension Local Government CenterSee the Center’s Annexation Fact Sheet (1995)

(608) 262-9960 or www.uwex.edu/lgc

� League of Wisconsin MunicipalitiesSee the League’s Annexation of Territory toWisconsin’s Cities and Villages (1998)

(608) 267-2380 or www.lwm-info.org

� Wisconsin Town’s Association

(715) 526-3157 or www.wisctowns.com

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Ideas for cooperating with annexation are:

Growth areas. Develop consensus about growth areas where cities andvillages can expand through annexation. Formalize this consensus in anintergovernmental agreement and incorporate it into your Comprehensive Plan.

Annexation standards. Agree with your neighbors about certain standardsthat must be met before an annexation petition will be accepted.24 For example,you could require that an annexation supports, and is consistent with, areatransportation facilities, sewer and water facilities, affordable housing needs,protection of agricultural or natural resources, and the plans of otherjurisdictions. Your standards could apply to certain agreed-upon areas, or theymight apply to annexations over a certain size, or they could apply to allannexations.

Actors. Involve a broad range of people and interests in annexationdecisions. By involving elected officials, planners, public works directors, clerks,school officials, assessors, police and fire chiefs, attorneys and other interestedcitizens in the annexation process, it is more likely that a broader range of issueswill be identified and that a more diverse array of solutions will emerge.

Infill. Cities and villages canvigorously pursue infill andredevelopment projects toreduce the need to annex.

Your county and RPC.Although they are not given a statutory role with annexation, consider includingthem. Their involvement helps ensure that your community considers broaderregional issues. Also, your county and RPC can provide information, data, maps,and facilitation and mediation services.

24 While there are basic minimum annexation standards set forth in Chapter 66, Wis. Stats., such as thepublic interest standards reviewed by Municipal Boundary Review (MBR), your community and yourneighbors could agree to standards of your own.

A Wisconsin ExampleDane County’s Better Urban Infill Development (BUILD)program assists local governments to revitalize orremediate. Since the program’s inception in 1998, 17infill projects have been funded.

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□ Detachment

Detachment is a process where territory is detached from one municipality andtransferred to another. Detachment can be between cities and villages, and alsobetween cities/villages and towns.25 Detachment between a city/village and atown is like the opposite of annexation.

Between cities and villages, detachment tends to be used toimprove the quality or efficiency of services. Detachmentsbetween cities/villages and towns tend to involve land that isrural in nature and more appropriate for town-levelgovernment, although they have been used to resolveboundary disputes.

Detachment occurs much less frequently than annexation.However, it can be an important intergovernmental techniquefor cooperating with boundaries. Your IntergovernmentalCooperation Element can identify conflicts that may beresolved using detachment. It could even identify specificparcels, or areas, for which detachment may be appropriate.Ideas for using detachment include:

Land Exchange. Agree that a city/village will be allowed to particular area through annexation in exchange for other lands retown using detachment.

Irregular Boundaries. Reconfiguring irregular boundariesthe efficiency of delivering services and also improve community

25 See §66.0227, Wis. Stats. (authorizes detachment from a city or village to an adjacetown) and §62.075, Wis. Stats. (authorizes detachment from a city or village to a town

� FACTDetachments inWisconsin

1990 31991 61992 61993 51994 31995 31996 31997 31998 61999 22000 52001 3

grow into averting to the

can improveidentity.

nt city, village, or)

□ Incorporation

Incorporation is the process ofcreating a new village or cityfrom unincorporated territory.26

Like the annexation process,incorporation is driven bylandowners and residents in theunincorporated territory, ratherthan by the town or county –although a town will sometimessupport or initiate anincorporation petition.

There are three major parts toan incorporation proceeding:

� Circuit court review of the incorminimum population and area s

� MBR review27

� A referendum vote of area reside Area residents incorporate for a num

� Improved services that a tow� Better protection for a partic� To undertake a certain publi� The desire to “lock in” their b

community cannot petition a(incorporating an area has thbecause only unincorporated

26 See §§ 66.0201-66.0215, Wis.Stats.27 Municipal Boundary Review (MBR) in the the territory proposed for incorporation possesand villages. Considerations include the territofacilities, shopping and employment opportunithe community center. MBR also examines wcity or village level services. Where the incorpexamines the impact that incorporation would process to oppose incorporation, such as schoointerested persons, MBR considers their argumrecommend that it be refiled with different bou

� FACTSince 1960, there have been 72 petitions forincorporation. Results of the last 10 are:

MBR Approval Referendum PassedPowers Lake No n/aStone Bank No n/aWeston Yes Yes, new villagePewaukee Yes Yes, new cityBohners Lake Yes NoBrookfield No n/aPowers Lake No n/aSheboygan No n/aWaukesha No n/aPell Lake Yes No

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poration petition to ensure that certaintandards are met.

nts

ber of different reasons, including:

n and county doesn't provide. ular natural resource. c project.oundaries so that other landowners in theirdjacent cities and villages for annexatione effect of permanently fixing boundaries areas can be annexed).

Wisconsin Department of Administration examines whetherses those attributes that have traditionally characterized citiesry’s physical appearance, social customs, transportationties, political boundaries, and the existence and condition ofhether the territory can raise sufficient tax revenue to provideoration belongs to a larger metropolitan area, MBR

have. Where other interested parties have ‘intervened’ in thel districts, area municipalities, businesses, and otherents as well. MBR may approve or deny a petition, orndaries.

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Because incorporation petitions aresometimes pursued in response to fears ofannexation, there are opportunities andbenefits to be gained by addressingincorporation together with annexationsand other boundary altering mechanisms.For example, entering into a boundaryagreement with a neighboring town mayremove the fear of annexation - amotivation to incorporate goes away.

Some specific cooperation ideas with incorpor

Transfering Land. In exchange for certaa city or village, the city or village could agree ncertain other town lands. 28

Sharing Revenue. In exchange for tax reexisting development in a town area, a city or vthe incorporation of this area.

28 MBR approval of the incorporation part of the agreement w

A Wisconsin ExampleAs part of an intergovernmental agreementbetween the City of Waukesha and the Townof Pewaukee, the City agreed not to intervenein a subsequent petition to incorporate adesignated area in the town. The agreementbenefited both. The City was able to addresskey boundary issues, and the Town ofPewaukee was able to eventually incorporate.It is now the Village of Pewaukee.

ation are:

in town lands being transferred toot to oppose the incorporation of

venue generated from new orillage could agree not to oppose

ould still be necessary.

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□ Consolidation

Consolidation is the Holy Grail of cooperation. It’s where a town, village, or cityjoin together with another town, village, or city to form one jurisdiction wherebefore there were two or more. Consolidation may not be right for yourcommunity, but for many it makes a great deal of sense. Some communities inWisconsin already cooperate extensively with their neighbors. For thesecommunities, consolidation may be relatively easy.

Advantages of consolidationinclude:

� Improved services� Stable boundaries � Improved community

identity.� Greater tax base.� More economic, housing,

cultural and recreationalresources and amenitiesfor residents.

� Greater political power.� Increased ability to deal

effectively with regionalissues such astransportation, housing,and natural resources.

� Efficiencies and savings of scale.

Despite these advantages, consolidation in Wisconsin has been rare. The last oneoccurred in 1962 between the City of Green Bay and the Town of Preble.

As you develop your element, keep in mind that consolidation is a tremendouslyeffective intergovernmental cooperation tool. It obviates the need forcooperation with your neighbor because you and your neighbor are now the samejurisdiction!

Your element could identify existing conflicts that might be resolved usingconsolidation and could recommend that consolidation with a neighboringjurisdiction be undertaken or studied. For example, your element couldrecommend the formation of, and funding for, a study committee whosemembers include representatives of area communities.

TIP�Authority for consolidation is found at §66.0229,Wis.Stats. Requirements for consolidation are:

� Contiguity. Only contiguous municipalities mayconsolidate.

� An ordinance describing the terms of theconsolidation that is passed by each municipality.

� Approval by the electors in each municipality.

� If a town is consolidating with a city or village,then approval by the circuit court and byMunicipal Boundary Review (MBR) office is alsorequired.

For more information, contact MBR at:

(608) 266-0683 or www.doa.state.wi.us/olis

□ Intergovernmental Agreements.

Intergovernmental agreements can provide a welcome alternative to thetraditional mechanisms for altering boundaries. While annexation andincorporation tend to pit jurisdictions against one another in adversarialpositions, intergovernmental agreements provide a chance to focus on sharedvalues, points of agreement, and solutions that can benefit everyone. Agreementsenable communities to be proactive with issues rather than reactive.

After 2010, the Comprehensive Planning Law requires any intergovernmentalagreement affecting land use to be consistent with your Comprehensive Plan. Your community’s Intergovernmental Cooperation Element can:

� Identify and incorporate any existing agreements that affect boundaries� Identify current conflicts that might be resolved using agreements� Incorporate an agreement that is developed during your community’s

Comprehensive Planning process.� Recommend that an agreement be developed in the future.

There are two types of agreements for altering municipal boundaries:

▷ Cooperative Boundary Agreements Authorized under §66.0307, Wis. Stats., these are the most thorough andcomplete method for developing boundary agreements. Requirements include:� Providing broad notice to area

residents and jurisdictions. � Preparing a cooperative plan

that describes the public services,facilities, and infrastructure thatwill be provided, the layout ofneighborhoods, the boundarychanges agreed to, conditions,and the duration of theagreement.

� Holding a public hearing on theproposed agreement.

� Providing for a comment period.� Holding an advisory referendum, if r� Gaining approval by Municipal Boun

Administration. MBR may approve,

The information required for the coopercommunity will already have collected, of your Comprehensive Plan. Cooperatcriticized as being overly difficult and timinimized because you will have alread

A Wisconsin Example:Cooperative Boundary Agreements to date:� City and Village of West Bend (2002)� Village of Oconomowoc Lake/Town of Summit

(2000)� City of Kenosha/Town of Bristol (2000)� City of Marshfield/Town of Cameron (2000)� City of Oconomowoc/Town of Summit (2000)� City of Beloit/Town of Turtle (1999-amended 2001)� City of Waukesha/Town of Pewaukee (1998)� City/Town of Dodgeville (1998-amended 2000)� City of Janesville/Town of Rock (1996)� City of Stevens Point/Town of Plover (1996)

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equested. dary Review (MBR) - Department of

deny, or recommend changes.

ative plan is information that youror be in the process of collecting, as partive Boundary Agreements have beenme-consuming. However, this issue isy gathered the information needed as part

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of your comprehensive planning activities. It’s simply a matter of coordinatingthe agreement with your plan.

Cooperative Boundary Agreements under §66.0307, Wis. Stats., providecommunities the flexibility to determine the issues to be resolved, the size of theagreement area, the responsibility for services, the duration of the agreement,and how boundaries are to be determined. With a Cooperative BoundaryAgreement, the rules of annexation need no longer apply. You and yourneighbors can make your own rules.

▷ Stipulations and Orders Section 66.0225, Wis. Stats., provides a boundary agreement procedure formunicipalities that are locked in a lawsuit over boundaries. The statute providesthe litigants a chance to settle their lawsuit by entering into a written Stipulationand Order that is subject to approval by the judge. A referendum may be held ifrequested by area residents. If the residents vote to approve the agreement, theStipulation and Order becomesbinding.

There are a few things to beaware of with Stipulations andOrders under §66.0225, Stats.:

� Because they requirelitigation, Stipulations andOrders are often morereactive and limited innature than CooperativeBoundary Agreements under§66.0307, Wis. Stats.

� Their use is limited toadjacent municipalities thatare in court over boundaries.

� They are subject to a bindingreferendum. There is achance that area residentswill reject the stipulation.

� Enforcement depends oncontinued judicial interestand involvement.

TIP�What are some boundary agreement examples?

� A Town agrees not to fight annexations in an areadesignated for City expansion, and in return, the Cityagrees not to accept annexations from certain Town areas.

� In return for certain Town lands being transferred intothe Village, the Village agrees not to oppose efforts byTown residents to incorporate a portion of their Town.

� In return for extending City sewer and water services intoTown territory, certain Town areas are transferred to theCity, or the Town agrees not to contest annexations fromthese areas.

� A City, Village and Town agree that in exchange for Townterritory transferring to the City and/or the Village, theTown will share in the property tax revenues from theterritory for a period of years. Or, in exchange for theCity and Village NOT annexing this territory, the Townagrees to share the property tax revenue.

� A Town and Village establish a joint planning committeefor an area that has had boundary conflicts. Thecommittee is empowered to determine boundaries, developordinances for the area, agree to cost and revenuesharing, and plan for infrastructure and services.

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For these reasons, some communities incorporate Stipulations and Orders intoCooperative Boundary Agreements to take advantage of the benefits of both typesof agreements. For example, you and your neighbor could use a Stipulation andOrder to settle resolve a lawsuit and then incorporate it into a CooperativeBoundary Agreement that includes detailed provisions about services, sharingcosts and revenues, design standards, etc.

▷ General Agreements. Until 1991, when statutory authority for CooperativeBoundary Agreements was enacted, communities relied on General Agreementsunder § 66.0301, Wis. Stats., to agree to boundaries. General agreements are stillcommonly used for cooperating with services (Section A, page 44). Some ideasfor developing intergovernmental agreements are:

Cooperate with everything. The communities with the most success atcooperation are those where cooperation permeates to all levels of activity; notjust to one or two areas. For these communities, cooperation has become an“ethic” and a standard way of doing things. Cooperating with everything meansthat instead of one stake, there are many stakes. For example, rather thanfocusing solely on a boundary conflict, you could also look at service, cost, andrevenue sharing issues. By cooperating with everything and having many stakes,everyone can win something and there does not have to be a loser.

Involve key stakeholders. Just as with planning, it is critical that youinvolve all of the people who have a stake in the agreement or will be impacted byits provisions. Especially be sure to involve tyour agreements.

Involve your county and RPC.Although they have a limited statutoryrole with intergovernmental agreements,your county and RPC can be a valuableresource for developing anintergovernmental agreement with yourneighbors. They know the cast of characters,information, staff time, public outreach, facil

Consider using a facilitator or medicommunity does not appear to have more contimetable for the agreement process and grouconveniently located and neutral site for discpast disagreements or which is perceived to g

Avoid starting with the issues that don mutual goals, and areas of agreement and

hose who may be impediments to

A Wisconsin Example:The City of Stevens Point/Town of PloverCooperative Boundary Plan (1996) was facilitatedby Portage County planning staff. Staff also

understand issues, and can provideitation, and mediation services.

ator. This helps ensure that onetrol than another, and there is and rules for conduct. Also, pick a

ussions, one which has no history ofive one side an advantage.

ivide you. Instead, focus initially common interest. Rather than

provided technical information and served as aliaison.

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focusing on yesterday’s disagreements, be forward thinking. Maintain an openperspective.

Set up a study committee. If the process bogs down, examine potentialsticking points of agreement or areas where there are questions. For example, astudy committee could research and report on the tax or service impacts of anagreement.

Distinguishing between Intergovernmental Agreement TypesGeneralAgreements(§ 66.0301, Stats.)

Stipulations &Orders (§ 66.0225, Stats.)

Revenue SharingAgreements(§66.0305, Stats.)

Cooperative BoundaryAgreements(§66.0307, Stats.)

Used for? Services Boundaries Revenue sharing Boundaries, services,revenue sharing

Binding withboundaries?

No Yes, so long as anyparty is willing toseek enforcement ofthe agreement

Yes, period fixedby participants (10year minimum)

Yes, period fixed byparticipants (10 years orlonger with MBRapproval).

Notice required? No Yes Yes Yes

Public hearingrequired?

No No Yes Yes

Referendum? No Binding referendumpossible

Advisoryreferendumpossible

Advisory referendumpossible

Who decides? Participatingmunicipalities

● Municipalitiesinvolved in thelawsuit● Judge● Area residents (ifthey request areferendum)

Participatingmunicipalities

● Participatingmunicipalities● MBR

Who reviews orcomments?

Participatingmunicipalities

● Municipalitiesinvolved in thelawsuit● Judge● Area residents (ifthey request areferendum)

● Participatingmunicipalities● Residents

● Participatingmunicipalities● MBR● Area jurisdictions● State agencies● RPC● County● Residents

Key Point of Section D. Boundaries:

⇨ Your element can identify places where boundaries are a conflict and canrecommend strategies to address these conflicts.

⇨ The Comprehensive Planning Law requires that by 2010, the boundaryaltering mechanisms described in this section be consistent with yourcommunity’s Comprehensive Plan.

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Chapter :

TTeecchhnniiqquueess ffoorr RReessoollvviinngg DDiissppuutteess

As your community addresses intergovernmental issues, you may find you havedifferent visions and ideas than neighboring communities. While conflictingviewpoints are often considered to bedestructive, they can also have a positive sidebecause responding to conflict in a rationaland courteous manner can increasecommunication, provide an opportunity forlearning and broaden perspectives andsolutions.

The Comprehensive Planning Law requires that your community’sIntergovernmental Cooperation Element identify processes to resolve conflicts.While previous chapters provided ideas for improving intergovernmentalrelations, increasing intergovernmental coordination, and minimizing conflicts,this chapter discusses formal and informal techniques for resolving disputes. Youshould consider using mediation first to try resolving a dispute because amediated outcome is often more favored by both sides of the disputing parties,settled faster, and costs less than a prolonged law suit.

If mediation does not resolve the dispute, there are more formal disputeresolution techniques described in §802.12, Wis. Stats., that may be able to endthe conflict. Techniques that may be used include mediation, binding and non-binding arbitration, early neutral evaluation, focus groups, mini-trials,moderated settlement conferences, and summary jury trials.

Binding arbitration is a process where a neutral person is given the authorityto make a legally binding decision and is used only with the consent of all of theparties. The parties present evidence and examine witnesses and the arbitratormakes a determination based on evidence.

Non-binding arbitration is another technique in which a neutral person isgiven the authority to render a non-binding decision as a basis for subsequent

“Honest disagreement is often agood sign of progress.”

– Mahatma Gandhi

negotiation between the parties after the parties present evidence and examinewitnesses.

Early neutral evaluation is a process in which a neutral person evaluates briefwritten and oral presentations early in the litigation process. The neutral personprovides an initial appraisal of the merits of the case with suggestions forconducting discovery and obtaining a legal ruling to resolve the case as efficientlyas possible.

A focus group can be used to resolve disputes by using a panel of citizensselected in a manner agreed upon by all of the parties. The citizens hearpresentations from the parties and, after hearing the issues, the focus groupdeliberates and renders an advisory opinion.

A mini-trial consists of presentations by the parties to a panel selected andauthorized by all the parties to negotiate a settlement of the dispute that, after thepresentations, considers the legal and factual issues and attempts to negotiate asettlement.

A moderated settlement conference is a process in which conferences areconducted by a neutral person who hears brief presentations from the parties inorder to facilitate negotiations. The neutral person renders an advisory opinionin aid of negotiation.

A summary jury trial is a technique where attorneys make abbreviatedpresentations to a small jury selected from the regular jury list. The jury rendersan advisory decision to help the parties assess their position to aid futurenegotiation.

Each dispute resolution techniquehas a purpose. When thinkingabout how to resolve a dispute,your community will need todetermine whether the disputecan be settled out of court andwhich resolution process is themost appropriate for the type ofdispute.

Dispute resolution techniques are ussituations, but they can also be used in mind that it may be easier in the lothe time, trouble, and expense of resothe techniques described earlier in thaddition to using the techniques in thtechniques could also be used to resoboundaries, such as between a develo

TIP�For more information on judicial and quasi-judicialdispute resolution techniques, see §802.12, Wis. Stats.,which provides information on methods such as bindingarbitration, non-binding arbitration, early neutralevaluation, focus groups, mini-trials, moderatedsettlement conferences, and summary jury trials.

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ually used to resolve conflicts and tenseto avoid conflicts and tense situations. Keepng run to prevent disputes, thus avoidinglving the dispute, by using a combination ofis guide, such as open communication. Inis section for intergovernmental issues, thelve disputes within the community’sper and a neighboring property owner.

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There are several techniques available for dispute resolution. Dispute resolutiontechniques can be broken into the following two categories:

� Alternative dispute resolution techniques such as mediation.� Judicial and quasi-judicial dispute resolution techniques such as litigation

and arbitration.

Communities and citizens are most familiar with the use of litigation andarbitration to resolve disputes. Litigation and arbitration can be effective tools forchange and may be an appropriate choice, depending on the circumstances.

Sometimes, instead of going to trial, a judge may, with or without a motion beingfiled, order disputing parties to select certain alternative dispute resolutiontechniques to attempt settlement. Each dispute resolution technique has apurpose, advantages, and disadvantages.

This chapter focuses on mediation as an alternative to litigation and arbitrationbecause it has so many benefits and is used most commonly.

What is mediation? Mediation is a cooperative process involvingtwo or more parties and a mediator. Themediator, a neutral third party with specialskills and training in dispute resolution, helpsthe parties voluntarily reach a mutuallyacceptable settlement of the issues in dispute.The overall result desired from mediation is asuccessful agreement in which all parties involveOften the parties believe that the mediated resulttraditional processes.

What are the benefits of mediation? � It exposes and clarifies the underlying interes� All parties benefit from the increased knowled

differing perspectives and may discover ways � It can provide a voice to smaller groups.� Enhanced levels of public participation in com

increases public confidence in local governme� Satisfaction with the final outcome of mediati

sides since the parties involved are able to parrather than having a judicial decision imposed

� While judicial decisions are frequently appealparties take more “ownership” a mediated agrimplemented.

� Litigation may end up costing the community� Court dockets are overburdened. If your com

substantial time before the case is heard and r

TIP�Additional resources on dispute resolutioncan be found at the Marquette UniversityCenter for Dispute Resolution Education inMilwaukee. The center can be reached at:

(414) 288-5535 orwww.marquette.edu/disputeres

d feel satisfied with the outcome. is better than a result using

ts and needs of each party.ge and understanding of the

to approach future situations.

munity decision-makingntal officials and staffon tends to be higher on bothticipate and shape outcomes,.

ed by the “losing” party, becauseeement is more likely to be

significantly more resources. munity litigates, it may takeesolved.

Out of all the advantages of mediation, its most important benefit is that it givescommunities an avenue to prevent costly litigation and possibly years ofdistraction.

What is a mediator? A mediator may be someonefrom outside the communityor a respected communitymember who does not havean allegiance or associationwith either of thecommunities or a stake inthe outcome. Although amediator may be familiarwith the party’s issues ingeneral terms, a mediator’sstrengths lie in being able toutilize negotiation and other skreach a mutually acceptable setnot impose a decision. Ideally,training or experience in disput

� Professional mediators.� County planning agency� Regional planning comm� University of Wisconsin

agents.� State agency personnel.� Retired or active judges

What does the mediator doThe mediator has the primary rdiscussion directed at achievingfunctions are both procedural aparties by acting as a:

� Convenor/Leader: The medmediation is likely to work. “ground rules”, scheduling testablishing the format and

� Communicator/Translator:message may not be the memessage may not be the meproblem by transmitting thesuch a way that both sides ureach agreement, not becau

A Wisconsin Example In the mid-1990s, Waukesha County Circuit Judge Patrick L.Snyder heard a case involving a dispute between the Village ofLannon and its neighbor, the Town of Lisbon, over land access.The dispute was related to Lannon's construction of a sanitarysewer system. Litigation would have been time-consuming andcostly, because the multimillion-dollar project was being held up.So Judge Snyder asked for mediation. The two communities useda construction consultant who has done mediation and arbitrationwork in the construction industry for 18 years, to devise asolution. Judge Snyder stated in a Milwaukee Journal Sentinelarticle on Feb. 2, 1997 that the mediator "saved those twomunicipalities $100,000 apiece.”

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ills as they work with the parties to voluntarilytlement of the issues in dispute. A mediator does the mediator will have some type of formale resolution. Possible mediators could be:

staff.ission staff.

Cooperative Extension community development

and attorneys.

? esponsibility for structuring and managing mutually acceptable solutions. The mediator’snd substantive. The mediator can greatly assist

iator can be responsible for determining if The mediator can also take the lead in setting thehe number, time, and place of meetings, and the number of persons attending each meeting.

Often in intergovernmental conflicts the intendedssage communicated and the communicatedssage received. A mediator can get around this ideas, positions, convictions, and emotions innderstand each other. Parties sometimes fail tose of the substance of what is said, but because the

73

language is offered in a way that triggers hesitation, fear, or some othernegative response. It is the job of the mediator to translate and screenstatements or proposals, without changing their intent, into language thatincreases their probability of being favorably received. This helps to get pastthe misunderstandings and focus on resolving differences.

� Educator: The mediator should empathize with the aspirations of therespective parties and understand the technical aspects of each proposal. Themediator must be able to convey that information effectively to those whoneed it.

� Resource Expander: The mediator provides procedural assistance and linksparties to outside experts and resources to which they may have previouslylacked access (i.e., lawyers, technical experts, decision makers). Theseadditional resources may enable them to reach acceptable settlement options.

� Reality Agent: The mediator helps build a reasonable and implementablesettlement by questioning and challenging parties who have extreme andunrealistic goals or parties that create agreements that may not be workable.The mediator can serve as a reality check by asking questions that assist aparty in understanding future consequences and risk.

� Problem Explorer: The mediator enables people to examine a problem from avariety of viewpoints, helps to define basic issues and interests, and looks forsatisfactory settlement options. The mediator can explore options with moreflexibility than the parties because the mediator won’t have to commit to anysuggestions or worry about a weaker image by backtracking.

� Problem Redefiner: Sometimes, one of the parties to a dispute may define anissue as “my” problem. The mediator can find ways to define the issues morebroadly so that all the parties can see the interconnections between them. Themediator also helps to frame issues and problems in a way that gives bothsides the ability to incorporate their issues into the framework.

� Conflict Identifier: Sometimes parties deny there is conflict in certain areaswhen there obviously is a conflict. The mediator can bring this conflict to theforefront of discussion rather than letting the parties pretend there is noconflict.

� Consequence Identifier: Parties may not always think through the logicalconsequences of a proposal. A mediator can help them do this.

Can our community’s staff or elected officials serve as the mediator?While some communities use their staff to mediate intergovernmental disputes, itis not recommended. For successful mediation, it is essential that the mediatorbe completely unbiased and neutral. For example, existing communityprocedures, plans, and commissions/committees may be the cause of the dispute.

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When is it appropriate to use mediation? Mediation should be used fordisputes when significant discretion is allowed on the part of the decision-makers. Mediation is appropriate when:

� The parties involved are interdependent or closely connected;� The parties want to solve problems or create an agreement; � The parties want to decide their own fate rather than risk having a third party

making a decision for them; and� The two parties have strongly held principles that are congruent.

What is the process for mediation? Who should be involved? The mediation process should involve all parties with a stake in an issue. Anyparty with the ability to affect or control the outcome or block implementationshould be included in the negotiation. The process depends upon “stakeholders”coming together to talk about their interests, jointly considering a wide range ofoptions for satisfying their interests, and developing mutually acceptableoutcomes.

The process of mediation can involve various work sessions with the parties, bothindividually and jointly, to determine the issues and explore agreement options.Individual, private sessions may be warranted. Concerns may not always beexpressed publicly.

TIP�Win/Win Negotiating Tactics and StrategiesEffective negotiation is key to dispute resolution techniques. It involvesan exchange of offers and counter-offers by the parties, or a discussionof the strengths and weaknesses or the merits of the parties’ positions.

� Focus on your interests, not your position.� Keep the focus on the relationship.� Try to understand their perspective.� Exercise self-control.� Ask non-threatening questions.� Listen intently to the other side.� Identify commonalties.� Communicate clearly and as openly as possible.� Build trust.� Avoid unnecessary conflict.� Build agreements that are designed to last.

Ralph Cagle, UW-Madison School of Law

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Are there any possible disadvantages to mediation? Due to a lack of recognized standards for the conduct of mediation, there aresome issues to consider:

� Those who use mediation need appropriate training and the ability toidentify and separate issues.

� Mediation is not always faster or less expensive than traditional disputeresolution processes such as litigation. All parties must agree to negotiatein good faith, and because of this issue, mediation may only result inminimal agreements.

� To ensure the outcome of the negotiations is implemented, the partiesshould document the agreement in writing, which makes it more difficultto ignore the agreement or turn to litigation or political solutions.

Does there have to be a dispute or conflict to use mediation? No. It is important to note that parties do not need to be embroiled in conflict touse mediation. Mediation is a good way to prevent conflict, manage change,anticipate differences or facilitate agreement. This is sometimes referred to asconsensus building, a type of quasi-mediation.

Chapter 7 Key Points:

� Dispute resolution techniques are usually used to resolve conflicts and tensesituations that you have identified in your Intergovernmental CooperationElement, but they can also be used to avoid these situations.

� Keep in mind that it may be easier in the long run to prevent disputes, thusavoiding the time, trouble, and expense of resolving the dispute, by using acombination of the techniques described earlier in this guide, such as opencommunication, and the other techniques described in this section.

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Chapter :

FFuuttuurree UUppddaatteess aanndd RReevviissiioonnss Comprehensive Planning is a continuous process. Your plan should be thought ofas a living document, continuously changing as it passes through the different lifestages of creation, implementation, and update or revision.

The Comprehensive Planning Law requires that your community update itsComprehensive Plan, including your Intergovernmental Cooperation Element, noless than once every 10 years.29 The Law also requires that your ImplementationElement describe a process for how this update will occur.

An update or revision of aComprehensive Plan is subject tothe same adoption procedures thatare required for a newly developedComprehensive Plan, includingdistributing the proposed change toyour neighbors and othergovernmental units.30 Keep inmind that a revision or amendmentthat your community considers to be minor or merely technical in nature may notbe perceived the same way by others. This is why seeking input is so important.It ensures that all issues are identified, considered, and addressed.

Other ideas for plan update and revision are:

Specifics. Making your Comprehensive Plan goals, objectives, policies,programs, and other recommended actions detailed and specific makes it easierto determine what has been achieved, what has not, what has worked well, andwhat has not. Being specific can help your community know what needs to beupdated or revised.

29 §66.1001(2)(i), Wis.Stats.30 §66.1001(4), Wis.Stats.

TIP�Wisconsin’s Comprehensive Planning Grant Programprovides funding not only for the preparation of newplans, but also for plan updates. Communities are eligiblefor only one grant every ten years.

For more information, contact OLIS at:

(608) 267-2707 or www.doa.state.wi.us/olis

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Annual cooperation report. The needs identified in the annualcooperation report (see page 36) can be used as a starting point for plan revisionsor for your community’s 10-year plan update.

What if our community already has a “plan”?If your community has an existing master plan, development plan, or other typeof land use plan that was developed or adopted prior to the passage of theComprehensive Planning Law, you may be able to meet the requirements of thelaw by updating or revising your existing plan. It is possible to retrofit an existingcounty development plan, a master plan, or some other type of plan into aComprehensive Plan. Your community should examine its plan to identify anymissing elements and other requirements now required by the ComprehensivePlanning Law. For example, if your community has a plan but does not have anIntergovernmental Cooperation Element, you will want to decide on a planningprocess and a timeline to update your Comprehensive Plan before 2010.

Chapter 8 Key Points:

� The Comprehensive Planning Law requires that your community update itsplan at least every 10 years.

� Careful attention to, and recordation of, the implementation of yourComprehensive Plan can make update and revision easier.