Zoning FAQ 5

Can a property owner sign a zoning protest petition if his or her property is within the distance specified by statute but outside the municipality’s boundaries?

Yes. Wisconsin Statutes section 62.23(7)(d)2m.a allows property owners to file a petition protesting rezoning if they live within a certain distance from the property proposed to be rezoned. Nothing in the statute indicates that a person must reside in the municipality to sign a protest petition. Therefore, although there is no case law which answers this question, it is the League’s opinion that a court would conclude that a property owner whose property is located within the distance specified by statute must be allowed to sign a protest petition regardless of whether his or her property is located within the municipal boundaries.