Can parcels be added to the Tax Incremental District (TID) after the hearing notices are published?
Yes. The purpose of the public hearing is to receive/give input on the
proposed boundaries of the district. A municipality may add or remove parcels based on the hearing. The hearing notice does not have to mention the proposed boundaries; however, including a general description of the area is helpful.
How much detail is needed in the boundary description provided to the Wisconsin Department of Revenue (DOR)?
A metes and bounds (legal boundary) description corresponding to the outer TID boundary is required. The boundary description must match the provided map.
TID Checklist, Boundary and Map section.
Why is a boundary description required in addition to the map?
State law (sec. 66.1105(4)(gm)1., Wis. Stats.), requires the local legislative body to describe the TID boundaries. A metes and bounds description is necessary because parcel numbers and parcel boundaries may change over the TID's life.
How much detail is needed in the TID map provided to DOR?
Map must be legible and:
- Show the outer boundary of the TID
- Show each parcel boundary
- Label each parcel by tax number or designate a map identification number
- Label all areas that do not have a parcel number (ex: streets, rights-of-way, wetlands, or bodies of water)
- Label the municipality or county boundaries if within the map view
- Indicate the municipality name and TID number
- Show the boundaries of the overlapped TID, when overlapping exists
- Each numbered parcel on the map must be listed on the
Base Value Workbook
- Provide additional enlarged areas of the map, where boundaries or parcel numbers are too small to see clearly even when magnified
Who is responsible for valuing and classifying a TID's land and buildings?
The local assessor and DOR manufacturing assessor are responsible for valuing the improvements and land based on state law and the Wisconsin Property Assessment Manual.
A TID must contain contiguous properties; however, can a municipality omit parcels from the TID's center?
Yes. A municipality may omit parcels, as long as the TID boundaries remain contiguous.
When two parcels are diagonal (kitty corner) from each other, is this contiguous?
Yes. Two parcels that are diagonal to each other are considered contiguous and can be included in the same TID. They may or may not have a road between them.
If the TID crosses a highway, river or railroad right-of-way, is this contiguous?
Yes. This is contiguous if the parcels are continuously bounded on either side or both sides of the highway, river or railroad right-of-way.
What is the difference between a railroad-owned parcel and a railroad right-of-way?
- Railroad-owned parcel – (property with a separate parcel number) can be included in the TID and must be contiguous with other TID parcels
- Railroad right-of-way – gives the railroad permission to use the property. Right-of-way alone does not make a TID contiguous unless it is continuously bounded on either side or both sides by parcels in the TID.
Can a parcel (exempt or non-exempt) be partially in a TID?
No. Under state law (sec. 66.1105(2)(k), Wis. Stats.), only whole parcels can be in a TID.
Can a municipality combine two parcels if one parcel is in the TID and the other parcel is outside the TID?
Yes. To do this, a municipality must complete one of the following amendments:
If property owned by a utility company is included in a TID, is the property exempt?
Location of a property in a TID does not determine taxability. Generally, utility property is not subject to local taxation and pays a state tax. Contact DOR's
Manufacturing and Utility Bureau for more information. Tax exempt property in a TID does not add to the base value, and does not contribute to the value increment.
How should a municipality indicate that wetlands are excluded from the TID?
The municipality may describe the boundaries around the wetland or state at the end of the boundary description that all wetlands are excluded.
What are "lands proposed for newly platted residential use?"
State law does not define the phrase "lands proposed for newly platted residential use." A "plat" is a map of a subdivision. "Newly platted" refers to land that has not been previously subdivided or is currently subject to a replat as defined in sec. 236.02(11), Wis. Stats. "Residential" commonly means relating to a place where people live.
When reviewing a project plan, DOR considers the current use, or zoning, and the future use, or zoning, as indicators of whether an area consists of "lands proposed for newly platted residential use."
Example of lands proposed for newly platted residential use: When residential lots are platted on an undeveloped parcel of land, such as subdividing a farm field for housing.
What TID types can include costs for lands proposed for newly platted residential property?
Only TIDs declared as mixed-use type can incur project costs for lands proposed for newly platted residential property; the property may not exceed 35 percent by area of the TID.
Under state law (sec. 66.1105(2)(f)3 Wis. Stats.), a municipality may only spend increment revenue on newly platted residential development in mixed-use TIDs if
one of the following applies:
Is a road/highway included in the calculation determining the 35 percent residential use in mixed-use TIDs?
Yes. All real property acreage is included in the calculation.
In a mixed-use TID, does the housing density calculation include exempt property?
Yes. The housing density is based on
all real property in the area designated as newly-platted residential.
For the 35 percent limit on lands proposed for newly platted residential use, is an assisted living building considered a residential use?
Yes. An assisted living building is considered residential use because the building is used for living purposes. The property still needs to be newly platted as part of the TID project plan. This assumes that current or future zoning permits the assisted living building.
Can a TID's boundaries be set based on something that will happen in the future?
No. The boundaries are determined based on the parcels when the TID is created. Territory amendments are possible to address parcel splits or annexations.
Do projects within a TID have to follow local zoning?
Yes. The TIF statutes do not change municipal zoning rules.
For mixed-use TIDs, does the land need to be zoned correctly before adopting the creation resolution?
No. The municipality does not need to complete zoning before it adopts the creation resolution. At least 50 percent of the land must be
suitable (not necessarily zoned) for at least two of the following types: industrial, commercial or residential. There are no restrictions on the percentage between the types.
In an industrial TID, do all the parcels need to be zoned industrial?
No. To qualify as an industrial TID, at least 50 percent (by area) must be zoned industrial. Under state law (sec. 66.1105(4)(gm)5, Wis. Stats.), the parcels that are zoned industrial when the TID is created must remain zoned industrial for the life of the TID.
FOR QUESTIONS OR COMMENTS CONTACT:
WISCONSIN DEPARTMENT OF REVENUE
Office of Technical and Assessment Services
PO Box 8971
Madison, WI 53708-8971
Phone: (608) 266-7750
Email additional questions to firstname.lastname@example.org