General intergovernmental agreements are authorized by s. 66.0301 of the Wisconsin statutes, and include cooperating with municipal neighbors to provide services such as snow plowing, tax assessment, road maintenance, stormwater management, and now because of 2007 Wisconsin Act 43, they may also include municipal boundaries.
Prior to Act 43, the validity of boundary agreements under the general agreement statute was in question because s. 66.0301 were enforceable because s. 66.0301 did not expressly mention boundaries, and also because the statute contained no process requirements or landowner requirements such as notice, public hearings, referenda, or recording standards. Several circuit courts invalidated boundary agreements entered into under s. 66.0301 Wis. Stats.
2007 Wisconsin Act 43 removed the uncertainty by expressly authorizing that general agreements may include boundary provisions, and by establishing a public process. The act also grandfathered the existing general agreements that contained boundary provisions. Act 43 limits general agreements to 10 years in duration, with cooperative boundary agreements intended to be more comprehensive and long-term.
The Department does not review or have any statutory role with general agreements. However, staff is available to answer questions.
List of General Boundary Agreements