2001 - 2002 LEGISLATURE
January 16, 2001 - Introduced by Representatives Olsen, Ladwig, Powers,
Huebsch, Wade, Ott, Huber, Musser, Freese, Plouff, Gunderson, Rhoades,
Lassa, Ainsworth, M. Lehman, Miller, Hundertmark, Krawczyk, Nass and
Hahn, cosponsored by Senators S. Fitzgerald, Welch, Roessler, Farrow, A.
Lasee and Rosenzweig. Referred to Committee on Urban and Local Affairs.
1An Act to amend
59.69 (5) (b), 59.69 (5) (e) 2. and 59.69 (5) (e) 6. of the statutes; 2relating to: the type of notification for certain county zoning changes that are
3mailed to town clerks.
Analysis by the Legislative Reference Bureau
Under current law, if a county board enacts a zoning ordinance, the county clerk
is required to send by registered mail duplicate copies of the ordinance to each town
clerk in the county. Also under current law, one of the ways a county board may
amend a zoning ordinance is to act on a petition for amendment that has been
submitted to the county board. The county board is required to hold a public hearing
on the petition, and is required to send a registered mail notice of the time and place
of the hearing to the clerk of each town that is affected by the proposed amendment.
If a county board amends a zoning ordinance by a method other than adopting the
changes sought in a petition, the county clerk is required to send by registered mail
duplicate copies of the ordinance to the clerk of each town that is affected by the
ordinance. Also under current law, if a county board enacts an ordinance that relates
to the location of boundaries of a zoning district in the county, the county clerk is
required to send by registered mail a copy of the ordinance to the town clerk of the
town in which the lands affected by the change are located.
Under this bill, all such documents that must currently be sent by registered
mail must be sent by certified mail.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB27, s. 1
59.69 (5) (b) of the statutes is amended to read:
(b) When the draft of the ordinance, recommended for enactment by 3
the zoning agency, is received by the board, it may enact the ordinance as submitted, 4
or reject it, or return it to the agency with such recommendations as the board may 5
see fit to make. In the event of such return subsequent procedure by the agency shall 6
be as if the agency were acting under the original directions. When enacted, 7
duplicate copies of the ordinance shall be submitted by the clerk by registered 8certified
mail to each town clerk for consideration by the town board.
AB27, s. 2
59.69 (5) (e) 2. of the statutes is amended to read:
(e) 2. Upon receipt of the petition by the
agency it shall call a public 11
hearing on the petition. Notice of the time and place of the hearing shall be given 12
by publication in the county of a class 2 notice, under ch. 985. A copy of the notice 13
shall be mailed by registered certified
mail to the town clerk of each town affected 14
by the proposed amendment at least 10 days prior to the date of such hearing. If the 15
petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am) 16
1. b., the agency shall mail a copy of the notice to the owner or operator of the airport 17
bordered by the airport affected area.
AB27, s. 3
59.69 (5) (e) 6. of the statutes is amended to read:
(e) 6. If an amendatory ordinance makes only the change sought in 20
the petition and if the petition was not disapproved prior to, at or within 10 days 21
under subd. 3. or 30 days under subd. 3m., whichever is applicable, after the public
hearing by the town board of the town affected in the case of an ordinance relating 2
to the location of district boundaries or by the town boards of a majority of the towns 3
affected in the case of all other amendatory ordinances, it shall become effective on 4
passage. The county clerk shall record in the clerk's office the date on which the 5
ordinance becomes effective and notify the town clerk of all towns affected by the 6
ordinance of the effective date and also insert the effective date in the proceedings 7
of the county board. Any other amendatory ordinance when enacted shall within 7 8
days thereafter be submitted in duplicate by the county clerk by registered certified 9
mail to the town clerk of each town in which lands affected by the ordinance are 10
located. If after 40 days from the date of the enactment a majority of the towns have 11
not filed certified copies of resolutions disapproving the amendment with the county 12
clerk, or if, within a shorter time a majority of the towns in which the ordinance is 13
in effect have filed certified copies of resolutions approving the amendment with the 14
county clerk, the amendment shall be in effect in all of the towns affected by the 15
ordinance. Any ordinance relating to the location of boundaries of districts shall 16
within 7 days after enactment by the county board be transmitted by the county clerk 17
by registered certified
mail only to the town clerk of the town in which the lands 18
affected by the change are located and shall become effective 40 days after enactment 19
of the ordinance by the county board unless such town board prior to such date files 20
a certified copy of a resolution disapproving of the ordinance with the county clerk. 21
If such town board approves the ordinance, the ordinance shall become effective upon 22
the filing of the resolution of the town board approving the ordinance with the county 23
clerk. The clerk shall record in the clerk's office the date on which the ordinance 24
becomes effective and notify the town clerk of all towns affected by such ordinance
of such effective date and also make such report to the county board, which report 2
shall be printed in the proceedings of the county board.