Section 238.31 - Designation of development zone(1) The corporation may designate an area as a development zone if all of the following apply: (ac) The corporation has invited a local governing body to nominate the area under s. 238.315.(am) A local governing body nominates the area as described in s. 238.32.(b) The corporation has evaluated the local governing body's application as described in s. 238.325.(d) The area meets the applicable requirements under s. 238.335.(e) The corporation determines all of the following:1. That designation of the area as a development zone will serve a public purpose.2. That designation of the area as a development zone will likely retain or increase employment in the area.3. That economic development in the area is not likely to occur or continue without the corporation's designation of the area as a development zone.4. That the area meets at least 3 of the following criteria:a. The unemployment rate in the area is higher than the state average for the 18 months immediately preceding the date on which the application under s. 238.32(2) or (3) was submitted to the corporation.b. The percentage of persons residing in the area who are members of households with household income levels at or below 80 percent of the statewide median household income is higher than the state average.c. The percentage of households in the area receiving unemployment insurance under ch. 108, relief funded by a relief block grant under ch. 49, or aid to families with dependent children under s. 49.19 is higher than the state average.d. In the 36 months immediately preceding the date on which the application under s. 238.32(2) or (3) was submitted to the corporation, a number of workers in the area were permanently laid off by their employer or became unemployed as a result of a business action subject to s. 109.07(1m).e. An employer in the vicinity of the area has given public notice under s. 109.07(1m) (a) of either a business closing or a mass layoff of at least 25 employees, or 25 percent of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.f. Property values in the area have been declining.g. There has been a decline in the population in the area.(1m) In making a determination under sub. (1) (e), the corporation shall consider all of the following: (a) The extent of poverty, unemployment, or other factors contributing to general economic hardship in the area.(b) The prospects for new investment and economic development in the area.(c) The amount of investment that is likely to result from the designation of the area as a development zone.(d) The number of full-time jobs that are likely to be created or retained in the area as a result of its designation as a development zone.(e) The number of full-time jobs that are likely to be available to the target population as a result of the designation of the area as a development zone.(f) The competitive effect of designating the area as a development zone on other businesses in the vicinity of the area.(g) The needs of other areas of the state.(h) Any other factors that the corporation considers relevant.(2) In determining whether an area meets the requirements under sub. (1) (e) or s. 238.335, the corporation may rely on any data provided by the local governing body that the corporation determines is relevant.(3) The corporation shall do all of the following:(a) Determine the number of development zones designated under sub. (1) but may not designate more than 22 development zones over the life of the program.(b) Divide the number of development zones as evenly as possible between metropolitan statistical areas and areas that are not metropolitan statistical areas.(c)1. Designate at least one development zone that is entirely within a 1st class city.2. Designate at least 2 development zones that are each at least partially within an Indian reservation.3. Of the development zones that are designated after April 25, 1996, designate one that is in an urban area.(4) No development zone may be designated under this section after March 6, 2009.1987 a. 328; 1989 a. 31, 336; 1993 a. 16; 1995 a. 209; 1997 a. 27, 39, 103; 2009 a. 2, 87; 2011 a. 32 s. 3419; Stats. 2011 s. 238.31.