2003 - 2004 LEGISLATURE
September 18, 2003 - Introduced by Representatives Gunderson, Gottlieb, Bies,
Grothman, Hahn, Hines, Kestell, Ladwig, F. Lasee, Loeffelholz, Lothian
and Petrowski, cosponsored by Senators Stepp, A. Lasee and Lazich. Referred
to Committee on Urban and Local Affairs.
1An Act to repeal
59.692 (7), 66.0203 (10), 66.0213 (2) (b) and 66.0215 (7) (b); to
66.0213 (2) (a) and 66.0215 (7) (a); and to amend
59.692 (6m), 3
66.0217 (8) (a), 66.0219 (6) and 66.0223 of the statutes; relating to: the
4effectiveness of county shoreland zoning ordinances in cities, villages, or towns
5that annex county shoreland areas and enforcement of those ordinances.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area. Current law defines a shoreland to be an area
within a certain distance from the edge of a navigable water.
Current law provides, with certain exceptions, that if a city, village, or town
annexes a county shoreland area after a specified date and that area, before
annexation, was subject to a county shoreland ordinance, then the county shoreland
ordinance continues to be in effect and must be enforced by the annexing city, village,
or town. This bill eliminates this requirement that the annexing city, village, or town
continue to keep the ordinance in effect and enforce the ordinance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB527, s. 1
59.692 (6m) of the statutes is amended to read:
For an amendment to an ordinance enacted under this section that 2
affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), 3
the department may not proceed under sub. (6) or (7) (b) or (c)
, or otherwise review 4
the amendment, to determine whether the ordinance, as amended, fails to meet the 5
shoreland zoning standards.
AB527, s. 2
59.692 (7) of the statutes is repealed.
AB527, s. 3
66.0203 (10) of the statutes is repealed.
AB527, s. 4
66.0213 (2) (a) of the statutes is renumbered 66.0213 (2).
AB527, s. 5
66.0213 (2) (b) of the statutes is repealed.
AB527, s. 6
66.0215 (7) (a) of the statutes is renumbered 66.0215 (7).
AB527, s. 7
66.0215 (7) (b) of the statutes is repealed.
AB527, s. 8
66.0217 (8) (a) of the statutes is amended to read:
(a) An ordinance for the annexation of the territory described in the 14
annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected 15
members of the governing body not less than 20 days after the publication of the 16
notice of intention to circulate the petition and not later than 120 days after the date 17
of filing with the city or village clerk of the petition for annexation or of the 18
referendum election if favorable to the annexation. If the annexation is subject to 19
sub. (6) the governing body shall first review the reasons given by the department 20
that the proposed annexation is against the public interest. Subject to s. 59.692 (7),
ordinance under this subsection may temporarily designate the classification 22
of the annexed area for zoning purposes until the zoning ordinance is amended as 23
prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a 24
temporary classification, the proposed classification shall be referred to and 25
recommended by the plan commission. The authority to make a temporary
classification is not effective when the county ordinance prevails during litigation as 2
provided in s. 59.69 (7).
AB527, s. 9
66.0219 (6) of the statutes is amended to read:
66.0219 (6) Temporary zoning of area proposed to be annexed.
An interim 5
zoning ordinance to become effective only upon approval of the annexation at the 6
referendum election may be enacted by the governing body of the city or village. 7Subject to s. 59.692 (7), the The
ordinance may temporarily designate the 8
classification of the annexed area for zoning purposes until the zoning ordinance is 9
amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance 10
shall be referred to and recommended by the plan commission prior to introduction. 11
Authority to make a temporary classification is not effective when the county zoning 12
ordinance prevails during litigation as provided in s. 59.69 (7).
AB527, s. 10
66.0223 of the statutes is amended to read:
1466.0223 Annexation of territory owned by a city or village.
In addition 15
to other methods provided by law and subject to ss. 59.692 (7) and s.
66.0307 (7), 16
territory owned by and lying near but not necessarily contiguous to a village or city 17
may be annexed to a village or city by ordinance enacted by the board of trustees of 18
the village or the common council of the city, provided that in the case of 19
noncontiguous territory the use of the territory by the city or village is not contrary 20
to any town or county zoning regulation. The ordinance shall contain the exact 21
description of the territory annexed and the names of the towns from which 22
detached, and attaches the territory to the village or city upon the filing of 7 certified 23
copies of the ordinance in the office of the secretary of state, together with 7 copies 24
of a plat showing the boundaries of the territory attached. Two copies of the 25
ordinance and plat shall be forwarded by the secretary of state to the department of
transportation, one copy to the department of administration, one copy to the 2
department of natural resources, one copy to the department of revenue and one copy 3
to the department of public instruction. Within 10 days of filing the certified copies, 4
a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county 5
in which the annexed territory is located. Section 66.0217 (11) applies to annexations 6
under this section.
(1) This act first applies to shoreland areas annexed on the effective date of this 9