2003 - 2004 LEGISLATURE
April 9, 2003 - Introduced by Senators A. Lasee and Kanavas, cosponsored by
Representatives Ainsworth, Albers, Bies, Gronemus, Hines, Krawczyk, M.
Lehman, LeMahieu, McCormick, Musser, Ott, Owens
and Towns. Referred to
Committee on Homeland Security, Veterans and Military Affairs and
Government Reform.
SB110,1,4 1An Act to renumber and amend 59.69 (3) (b); to amend 59.69 (1) and 59.69
2(3) (e); and to create 59.69 (3) (b) 1. to 3. and 60.23 (32) of the statutes; relating
3to:
expanding town authority to create an official map and the status of an
4official town map.
Analysis by the Legislative Reference Bureau
Under current law, a county board may engage in zoning and land use planning
by creating a county planning agency or by designating a previously constituted
county committee or commission as the county planning agency. If a county board
creates or designates such an agency, the agency is required to direct the preparation
of a county development plan for the physical development of the towns within the
county and for the cities and villages within the county whose governing bodies agree
to have their areas included in the county plan.
Current law requires that the county development plan include the master plan
and official map of a city or village in the county, and that a city or village master plan
and official map control in the city's or village's extraterritorial zoning jurisdiction
over a county development plan that affects that same area. A city's or village's
extraterritorial zoning jurisdiction consists of unincorporated areas (town or county
territory) within three miles of the corporate limits of a first, second, or third class
city or within one and a half miles of a fourth class city or a village.
Current law allows a town to adopt an official map under certain situations if
the town is located in a county that has not enacted a county zoning ordinance.

This bill authorizes a town to adopt an official map at any time, and requires
that a county development plan include the official map of any town in the county
that has adopted a comprehensive plan, which is defined under current law as a plan
that must contain planning elements including the following: housing;
transportation; utilities and community facilities; agricultural, natural, and
cultural resources; economic development; and land use. Also under the bill, a city's
or village's master plan and official map control in the city's or village's
extraterritorial zoning jurisdiction only if an official town map is not part of the
county development plan.
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:
SB110, s. 1 1Section 1. 59.69 (1) of the statutes is amended to read:
SB110,3,42 59.69 (1) Purpose. It is the purpose of this section to promote the public health,
3safety, convenience, and general welfare; to encourage planned and orderly land use
4development; to protect property values and the property tax base; to permit the
5careful planning and efficient maintenance of highway systems; to ensure adequate
6highway, utility, health, educational, and recreational facilities; to recognize the
7needs of agriculture, forestry, industry, and business in future growth; to encourage
8uses of land and other natural resources which are in accordance with their character
9and adaptability; to provide adequate light and air, including access to sunlight for
10solar collectors and to wind for wind energy systems; to encourage the protection of
11groundwater resources; to preserve wetlands; to conserve soil, water , and forest
12resources; to protect the beauty and amenities of landscape and man-made
13developments; to provide healthy surroundings for family life; and to promote the
14efficient and economical use of public funds. To accomplish this purpose, the board
15may plan for the physical development and zoning of territory within the county as
16set forth in this section and shall incorporate therein the master plan adopted under

1s. 62.23 (2) or (3) and, the official map of any city or village in the county adopted
2under s. 62.23 (6), and the official map, as adopted under s. 60.23 (32), of any town
3in the county that has adopted a comprehensive plan, as defined in s. 66.1001 (1) (a)
42
.
SB110, s. 2 5Section 2. 59.69 (3) (b) of the statutes is renumbered 59.69 (3) (b) (intro.) and
6amended to read:
SB110,3,107 59.69 (3) (b) (intro.) The development plan shall include the master plan, if any,
8of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map,
9if any, of such city or village, that was adopted under s. 62.23 (6) in the county,

10without change., without change, all of the following:
SB110, s. 3 11Section 3. 59.69 (3) (b) 1. to 3. of the statutes are created to read:
SB110,3,1312 59.69 (3) (b) 1. The master plan, if any, of any city or village, that was adopted
13under s. 62.23 (2) or (3).
SB110,3,1514 2. The official map, if any, of a city or village described under subd. 1., that was
15adopted under s. 62.23 (6) in the county.
SB110,3,1716 3. The official map, as adopted under s. 60.23 (32), of any town in the county
17that has adopted a comprehensive plan, as defined in s. 66.1001 (1) (a) 2.
SB110, s. 4 18Section 4. 59.69 (3) (e) of the statutes is amended to read:
SB110,3,2419 59.69 (3) (e) A master plan adopted by a city or village under s. 62.23 (2) and
20(3) and an official map that is established by a city or village under s. 62.23 (6) shall
21control in unincorporated territory in a county affected thereby, whether or not such
22action occurs before the adoption of a development plan, except that if the county
23development plan includes an official town map as described under par. (b) the town
24map shall control in its territory
.
SB110, s. 5 25Section 5. 60.23 (32) of the statutes is created to read:
SB110,4,4
160.23 (32) Official town map. Adopt an official map. A town may adopt an
2official map under this subsection only by acting under s. 62.23 (6), and the town
3board and town officers have the same authority and responsibilities as a common
4council and city officers acting under that s. 62.23 (6).
SB110,4,55 (End)
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