Degrees/Academics
Bachelor of Arts with majors in History and Political Science from St. Olaf College; Master of Arts in History from UW-Madison; Juris Doctorate from UW-Madison Law School
Campus Affiliations
State Specialist in planning and land use law for the UW-Madison Division of Extension; Affiliate past faculty with the UW Law School and the Nelson Institute for Environmental Studies.
Research Interests
Comprehensive planning, land use, law, community development, coastal planning, affordable housing, downtown revitalization, environmental planning, farmland protection, governance, historical preservation, housing, intergovernmental relations, livability, local government, natural resource management, new urbanism, nonprofits, smart growth, sprawl, sustainable development, transportation, urban planning, water resources
Biography
Professor Ohm joined the faculty in 1994. His teaching, research, and outreach focused on the legal and institutional framework for managing community growth and change. He taught Planning and the Legal System and Introduction to Regional Planning for the Department and the Land Use Controls course for the Law School. He also taught a variety of workshops, webinars, seminars, and continuing education programs and lent his expertise to a variety of governmental and private organizations through his work with Extension. A news article about Professor Ohm’s work is available here.
Prior to joining the faculty at UW, Professor Ohm worked as an attorney for the Metropolitan Council, the regional governing body for the Minneapolis-St. Paul metropolitan area. While at the Council he was involved in numerous regional planning initiatives involving land use, affordable housing, natural resources, transportation, governance, and local public service delivery. Prior to that he worked as an attorney in private practice for the Minneapolis law firm then known as Popham, Haik, Schnobrich & Kaufman, Ltd., where he specialized in litigation involving land use, eminent domain, and complex securities fraud.
Since joining the faculty at UW, he was actively involved in a variety of planning related projects at all levels of governance — campus, neighborhood, city, county, and state — and with non-governmental organizations.
He writes a monthly planning case law update for the Wisconsin Chapter of the American Planning Association and served as the Vice President for Chapter Affairs for the organization from 2004 until 2015.
From 2013–2015 he served on the steering committing overseeing the preparation of the neighborhood plan for the University Hill Farms neighborhood. Prior to that, he served on the City of Madison Plan Commission, for 4 1/2 years where he was involved with the development of the City of Madison’s first comprehensive plan under Wisconsin’s 1999 comprehensive planning law and other initiatives. He was appointed by the Town Board for the Town of Dunn to serve on the first Land Trust Commission overseeing the initial implementation of the Town’s purchase of agricultural conservation easements program.
He also served on the steering committee overseeing the development of Dane County’s first comprehensive plan under Wisconsin’s 1999 comprehensive planning law. He was also appointed by the Dane County Board of Supervisors to Chair the North Mendota Parkway Advisory Committee to study transportation options related to a controversial proposed “North Beltline” around the northern part of the Madison area and was subsequently appointed chair of the North Mendota Parkway Implementation Oversight Committee to oversee the carrying out of the study’s recommendations.
At UW, Professor Ohm has served as Chair of the Campus Transportation Committee and on the Campus Planning Committee. He served on the Campus Planning Committee during the development of the Campus Master Plan. In December 2013 he was appointed by the UW Board of Regents to serve on the Design Review Board for the University Research Park and is a current member of the Board.
At the state level, in 1996, he was appointed by the Wisconsin Legislative Council to serve on the Special Committee on Federally Tax Exempt Lands. In 2000 he was appointed by Governor Tommy Thompson to serve on the South Central Wisconsin Regional Planning Commission Study Committee. From 2000 to 2006 he served as Chair of the State-Local Government Private Sector Working Group established by the Wisconsin Land Council within the State of Wisconsin Department of Administration. In 2004, he was appointed by Governor Jim Doyle to serve as the University of Wisconsin System representative to the Wisconsin Land Council. In 2008 he was appointed by the Wisconsin Legislative Council to serve on the Special Committee on Regional Transportation Authorities. In 2009 he was appointed by the Secretary of the Wisconsin Department of Agriculture, Trade and Consumer Protection to serve on the State Purchase of Agricultural Conservation Easements Council.
Professor Ohm is also active with NGOs having been a founding Board member of 1000 Friends of Wisconsin and the Wisconsin Environmental Initiative
Publications
Ohm, Brian W. 2022. Wisconsin Land Use and Planning Law, 2022 Edition. Madison: University of Wisconsin Law School. 428 pages.
Kari, John H. and Brian W. Ohm, 2022. Minneapolis 2040: Plan is Not Afoul of State’s Environmental Rights Act, Minneapolis Star Tribune (September 14).
Ohm, Brian W. 2021. Analyzing action/plan consistency: the role of the staff report. Journal of the American Planning Association, vol 87, no. 1, pp. 11-20.
Ohm, Brian W. 2021. Local comprehensive plans: the constitution for community development, The Municipality, vol. 116, no. 3, pp. 4-6.
Bassler, Karen and Brian W. Ohm. 2021 Land ownership change and conservation easements; Stories from the courts. Perspectives on Planning Department of Planning and Landscape Architecture, University of Wisconsin-Madison. 24 pages.
Ohm, Brian W., John Merrill, Joni Herren, Erich Schmidtke and Alexander Allon. 2020. Housing Wisconsin: A Guide to Preparing the Housing Element of a Local Comprehensive Plan [Third Edition]. University of Wisconsin Extension.
Ohm, Brian W. 2018. A Quarter Century of Changes to Wisconsin’s Local Land Use Enabling Laws. Department of Planning & Landscape Architecture Applied Research Report. 35 pp.
Ohm, Brian W. 2018. Local Zoning Ordinance Options for Conditional Use Permits After 2017 Wisconsin Act 67. Department of Planning & Landscape Architecture Applied Research Report. 20 pp. (Version including Appendix available here. 113 pp.)
Ohm, Brian W. 2018. Conditional Use Permits and the “Substantial Evidence” Standard. Perspectives on Planning (July). 4 pp.
Ohm, Brian W. 2018. Conditional Use Permits After 2017 Wisconsin Act 67. Perspectives on Planning (January). 5 pp.
Ohm, Brian W. 2018. 2017 Wisconsin Act 67 Limits Substandard Lot Provisions. Perspectives on Planning (January). 2 pp.
Ohm, Brian W. 2017. Is There a Law of Regional Planning? Belmont Law Review, vol. 4, pp. 35-64.
Ohm, Brian W. 2016. “Land Use.” Chapter 10 in Handbook for Municipal Officials (Second Edition). League of Wisconsin Municipalities. 19 pp.
Magera, Kyle, Erin O’Brien, and Brian W. Ohm. 2016. Model Wetland Conservation Ordinance: A Policy Development Tool for Wisconsin Counties, Cities, Villages, Towns, and Tribes. Wisconsin Wetlands Association. 39 pp.
Ohm, Brian W. 2016. 2015 Wisconsin Act 391: Consistency Revisited. Perspectives on Planning (May).4 pp.
Ohm, Brian W. 2015. Some Modern Day Musings on the Police Power. Urban Lawyer, vol. 47, no. 4, pp. 625-663.
Sorensen, M. and B. Ohm. 2015. How to Define a Family? The Special Case of Regulating Student Rental Housing in Single-Family Residential Neighborhoods in Wisconsin’s College and University Communities, URPL Extension Working Paper 2015-4. Department of Urban and Regional Planning, University of Wisconsin–Madison/Extension. 40 pp.
Ohm, Brian W. 2015. 2015 Legislative Changes Affecting Wisconsin’s Shoreland. Perspectives on Planning (November). 4 pp.
Ohm, Brian W. 2014. Planning and zoning consistency. Planning. vol. 80, no. 9, pp. 45-46.
Ohm, Brian W. 2014. The Current Status of Extraterritorial Plat Approval Authority in Wisconsin. The Municipality, vol. 109, no. 11, pp. 358-367.
Ohm, Brian W. 2014. By the Numbers: Trends in Planning-Related Court Decisions in Wisconsin, 2008-2013, Extension Report 2014-03, Department of Urban and Regional Planning, University of Wisconsin–Madison/Extension. 13 pages.
Ohm, Brian W. 2014. The Year in Review: A Summary of Wisconsin Planning Cases From June 1, 3013 to July 1, 2014 and Recent Legislation. Extension Report 2014-02, Department of Urban and Regional Planning, University of Wisconsin–Madison/Extension. 30 pages.
Ohm, Brian W. 2013. Unifying Wisconsin’s Zoning Enabling Laws: A Simple Approach. Working Paper Series, Department of Urban and Regional Planning, University of Wisconsin–Madison/Extension. 85 pages.
Ohm, Brian W. 2013. Legal Nonconforming Uses, Structures, and Lots . . . After 2011 Wisconsin Act 170, Extension Report 2013-02, Department of Urban and Regional Planning, University of Wisconsin–Madison/Extension. 41 pages.
Ohm, Brian W. 2011. There Goes the Neighborhood: Conflicts Associated with the Location and Operation of Airports. Chapter 18 in Elizabeth Hoppe, ed. Ethical Issues in Aviation. Burlington, VT: Ashgate.
Ohm, Brian W. 2011. The Smart Growth Movement, Planning, and Information Technology. Chapter 9 in Niemann, Benjamin, Dave Moyer, Steven Ventura, Richard Chenoweth, and Doug Miskowiak. Citizen Planners Shaping Communities with Spatial Tools. Redlands, CA: ESRI Press.
Hibbard, Calder, Leslie McInenly, Lee Nellis, Kayla Block-Torgerson, Jane Prohaska, Michael, Kilgore, Brian Ohm, Jean Coleman, Steve Taff and Stephanie Snyder. 2011. Maintaining the Forestland Base in Minnesota: Forestland Parcelization and Policy Tools. Minnesota Forest Resources Council. 185 pages.
Nellis, Lee and Brian W. Ohm. 2010. A Model Forest Resources Element for Local Plans. Minnesota Forest Resources Council. 185 pp.
Rosen, Lara, and Brian Ohm. 2010. Protecting Our Turf: Should Planners in Wisconsin Be Licensed? Wisconsin Chapter of the American Planning Association Newsletter (Spring).
Ohm, Brian W., Thomas Gaumert, Michael S. Adams. 2010. “The Institutional Structure for River Management in Germany: A Case Study of the Elbe River.” Chapter in Transatlantic Institutional Environmental Policy in Relation to Environmental Education. University of Wisconsin–Madison.
Ohm, Brian W. 2010. “An Institutional Framework for Interdisciplinary Investigations of Environmental Issues in Post-secondary Education: The Wisconsin River Context,” Chapter in Transatlantic Institutional Environmental Policy in Relation to Environmental Education. University of Wisconsin–Madison.
Ohm, Brian W. 2010. 2010 Updates to Wisconsin’s Comprehensive Planning Law. Perspectives On Planning. (May) 1-4, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 2008. Protecting Coastal Investments: Examples of Regulations for Wisconsin’s Coastal Communities. University of Wisconsin Sea Grant and University of Wisconsin Extension. 67 pages.
Ohm, Brian W. 2008. Zoning Districts Must Include Permitted Uses. Zoning Practice, vol. 25, no. 10, p. 7.
Brewster, Chris, Matt Lawlor, Brian Ohm and Mark White. 2008 Tweaking the System: Getting Projects Built and Codes Changed Within the Existing Zoning Framework. Chapter 3 in Doris Goldstein and Dan Slone, eds., A Legal Guide to Urban and Sustainable Development. New York: John Wiley & Sons.
Ohm, Brian W. and Mark White. 2008. Changing the Rules: New Approaches to Zoning. Chapter 4 in Doris Goldstein and Dan Slone, eds., A Legal Guide to Urban and Sustainable Development. New York: John Wiley & Sons.
Ohm, Brian W. 2007. Amicus Curiae Brief for the Wisconsin Chapter of the American Planning Association and the American Planning Association to the Wisconsin Supreme Court in Wisconsin Realtors Association v. Town of West Point. 13 pages.
Sitkowski, Robert J. and Brian W. Ohm. 2006. Form-based Land Development Regulations. Urban Lawyer, vol. 38, no. 1, pp. 163-172. (Reprinted in 2007 Zoning and Planning Law Handbook, Patricia E. Salkin, editor, Thompson/West.)
Ohm, Brian W. 2006. What Do Planners Do? Wisconsin Chapter of the American Planning Association News. Vol. 2006, No. 1, p. 4+.
Ohm, Brian W. 2005. Universities as Participants in Land Use Enabling Law Reform. Chapter 13 in Knaap, Gerrit and Wim Wiewel, eds., Universities and Smart Growth. Armonk, N.Y., M.E. Sharpe, Inc.
Ohm, Brian W. 2005. Let the Courts Guide You: Planning and Zoning Consistency. Zoning Practice, vol. 22, no. 11, pp. 2-7.
Ohm, Brian W. and Robert J. Sitkowski. 2004. Integrating New Urbanism and Affordable Housing Tools. Urban Lawyer, vol. 36, no. 4, pp. 857-866.
Ohm, Brian W. and Robert J. Sitkowski. 2003. The Influence of New Urbanism on Local Ordinances: The Twilight of Zoning? Urban Lawyer, vol. 35, no. 4, pp. 783-794. (Cited by the Connecticut Supreme Court in Andros v. Town of West Hartford, 285 Conn. 309, 939 A.2d 1146 (2008); cited by the Court of Chancery of Delaware, Sussex, in Barry v. Town of Dewey Beach, 2006 Del. Ch. LEXIS 115.)
Ohm, Brian W. 2003. Consistency and the Comprehensive Plan. The Municipality, vol. 98, no. 7, pp. 230 – 238.
Ohm, Brian W. 2003. The Patch-work Quilt of Town Zoning in Wisconsin. Perspectives On Planning. 5(1): 1-2, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Sitkowski, Robert J., and Brian W. Ohm. 2002. Enabling the New Urbanism. Urban Lawyer, vol. 34, no. 4, pp. 935-943.
Ohm, Brian W. 2002. Land Use & Water Planning–Understanding Public, Private Property Rights. Focus on the Waters, vol. 13, no.3, pp.12-16.
Ohm, Brian W. 2002. Planning for Natural Resources: A Guide to Including Natural Resources in Local Comprehensive Planning. University of Wisconsin Extension and Wisconsin Department of Natural Resources. 85 pages.
Sitkowski, Robert J., Anna M. Breinich, and Brian W. Ohm. 2001. Enabling Legislation for Traditional Neighborhood Development Regulations. Land Use Law and Zoning Digest, vol. 53, no. 10, pp. 3-10. (Cited by the Connecticut Supreme Court in Andros v. Town of West Hartford, 285 Conn. 309, 939 A.2d 1146 (2008).)
Ohm, Brian W. 2001. Adopting a Comprehensive Plan by Ordinance. The Municipality, vol. 96, no. 4, pp. 120-121.
Ohm, Brian W. 2001. Required Elements of a Local Comprehensive Plan. University of Wisconsin Extension, Cooperative Extension Publications # G3749. 4 pages.
Ohm, Brian W. 2001. Key Points about Wisconsin’s New Comprehensive Planning and “Smart Growth” Law. University of Wisconsin Extension, Cooperative Extension Publications # G3750. 2 pages.
Ohm, Brian W. 2001. Adopting a Comprehensive Plan by Ordinance. Perspectives On Planning. 3(5): 1-2, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W., Matt Cobb, et. al. 2000. Conservation Easement Legislation in the 7th and 8th Federal Judicial Districts. Chapter 19 in Squires, Rod and Julie Gustanski, eds., Conservation Easements; Past, Present and Future. Washington, D.C.: Island Press.
Ohm, Brian W. 2000. Wisconsin: An Emerging National Leader in “Smart Growth.” On Common Ground, National Association of Realtors, vol. 1, no. 1, pp.6-9.
Ohm, Brian W. 2000. Elevating the Importance of Transportation Planning. Common Ground, vol. 3, no. 1, pp. 37-38.
Ohm, Brian W. 2000. Reforming Land Planning Legislation at the Dawn of the 21st Century: the Emerging Influence of Smart Growth and Livable Communities. Urban Lawyer, vol. 32., no. 2, pp. 181-210.
Ohm, Brian W. 2000. The Purchase of Scenic Easements and Wisconsin’s Great River Road: A Progress Report on Perpetuity. Journal of the American Planning Association, vol. 66, no. 2, pp. 177-188. (Reprinted in Regional Government Innovations: A Handbook for Citizens and Public Officials, Roger L. Kemp, editor, Jefferson, N.C.: McFarland & Co., Inc.).
Ohm, Brian W. 1999. Guide to Community Planning in Wisconsin. Madison: University of Wisconsin Board of Regents. 275 pp.
Ohm, Brian W. 1999. Adopting a Comprehensive Plan by Ordinance. Madison: University of Wisconsin Board of Regents.
Ohm, Brian W. 1999. Today’s Decisions; Tomorrow’s Wisconsin. Madison: University of Wisconsin Publications. 16 pages.
Edwards, Mary, and Brian Ohm. 1998. Annexation: Fiscal Implications for Cities, Villages and Towns. Common Ground, vol. 2, no. 2, pp. 29-30, 35.
Ohm, Brian W. 1998. Moratoria for Planning Purposes–More Questions Than Answers. The Municipality, vol. 93, no. 2, pp. 43, 45.
Ohm, Brian W. & Erich Schmidtke. 1998. An Inventory of Land Use Plans in Wisconsin. Extension Report 98-4, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension. 55 pages.
Ohm, Brian W. 1997. Towards a Theory of Wisconsin Regulatory Takings Jurisprudence. Wisconsin Environmental Law Journal, vol. 4, no. 2, pp. 173-213. (Reprinted in National Business Institute. 1997. Land Use Planning and Eminent Domain in Wisconsin. Eau Claire, WI: National Business Institute.) (Quoted by the Wisconsin Supreme Court in Eberle v. Dane County Board of Adjustment, 595 N.W.2d 730 (1999).).
Ohm, Brian W. 1997. The Need to Update Wisconsin’s Planning Enabling Legislation. Extension Report 97-4, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension. 38 pages.
Ohm, Brian W. 1997. Court Limits City’s Extraterritorial Plat Review Authority. Perspectives On Planning. 3(3): 1-2, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1997. The Wisconsin Supreme Court Strengthens Role of Master Plans. Perspectives On Planning. 3(2): 1-2, Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1997. Wireless Facilities Siting. The Municipality, vol. 92, no. 4, pp. 173-174. (Reprinted in Current Municipal Problems, vol. 24, no 1, pp. 43-47.).
Ohm, Brian W. 1996. The Wisconsin Supreme Court Responds to Lucas. 48 Land Use Law & Zoning Digest, vol. 48, no. 3, pp. 3-7. (Reprinted in Great Lakes Wetlands, vol 8, no. 1, pp. 8-12 (1997).)
Ohm, Brian W. 1996. What is a Comprehensive Plan? Perspectives On Planning. 2(8):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1996. Understanding Tax Base Sharing. Perspectives On Planning. 2(7):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1996. The Final Report of the State Interagency Land Use Council: Updating Wisconsin’s Land Use System. Perspectives On Planning. 2(6):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1996. The Wisconsin Supreme Court Bolsters Prior “Takings” Decisions. Perspectives on Planning. 2(5):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension (reprinted in Wisconsin Preservation, 20:5 (Sept./Oct. 1996)).
Ohm, Brian W. 1996. What is Meant by “State Goals” for Planning. Perspectives on Planning. 2(4):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1996. Vested Rights. Perspectives on Planning. 2(1):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1995. Reviving Comprehensive Planning in the Twin Cities Metropolitan Area: The 1995 Amendments to the Metropolitan Land Planning Act. Minnesota Real Estate Law Journal, vol. 8, no. 6, pp. 81-86.
Jacobs, Harvey M. and Brian W. Ohm. 1995. Statutory Takings Legislation: the National Context, the Wisconsin and Minnesota Proposals. Wisconsin Environmental Law Journal, vol 2, no. 2, pp.173-223.
Ohm, Brian W. 1995. Amicus Curiae Brief for The Association of State Wetland Managers, Inc., to the Wisconsin Supreme Court in Zealy v. City of Waukesha.
Ohm, Brian W. 1995. A Context for Reforming Wisconsin Land Use Law. Perspectives on Planning. 1(3):1-2. Dept. of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1994. Wisconsin’s New Impact Fee Law. Perspectives on Planning. 1(1):1-2. Department of Urban & Regional Planning, University of Wisconsin–Madison/Extension.
Ohm, Brian W. 1993. Growth Management in Minnesota: the Metropolitan Land Planning Act. Hamline Law Review, vol. 16, no. 2, pp. 359-387.
Ohm, Brian W. 1992. Amicus Curiae Brief for The Metropolitan Council to the Minnesota Court of Appeals in Woodbury Place Partners v. City of Woodbury.
Ohm, Brian W. 1986. Wisconsin’s Environmental Decade, Inc. v. Wisconsin Department of Natural Resources: The Limited Scope of Secondary Impacts in Threshold Determinations Under the Wisconsin Environmental Policy Act. Wisconsin Law Review, vol. 1986, no. 3, pp. 585-61.
Projects
Many of Professor Ohm’s projects address the need to revise and update state enabling laws that govern local planning. This work resulted in Wisconsin’s 1999 comprehensive planning law (sometimes referred to as the “smart growth” law). For additional information about the law visit the “Comprehensive Planning” pages of the Wisconsin Department of Administration website. Since 1999, Professor Ohm has been involved with several amendments to the 1999 law and has worked with hundreds of communities and individuals to help them fully understand the law.
In addition, many of Professor Ohm’s projects address the need to revise and update state enabling laws that govern local planning. This work resulted in Wisconsin’s 1999 comprehensive planning law (sometimes referred to as the “smart growth” law). For additional information about the law visit the “Comprehensive Planning” pages of the Wisconsin Department of Administration website. Since 1999, Professor Ohm has been involved with several amendments to the 1999 law and has worked with hundreds of communities and individuals to help them fully understand the law.
One section of Wisconsin’s Comprehensive Planning law required that the University of Wisconsin Extension develop a model ordinance for a traditional neighborhood development and an ordinance for a conservation subdivision. Professor Ohm was asked to take responsibility for these ordinances. These ordinances were approved by the Wisconsin Legislature in July 2001.
A Model Ordinance for a Traditional Neighborhood Development
An Ordinance for a Conservation Subdivision
Wisconsin Planning Law Resources