2017 - 2018 LEGISLATURE
March 1, 2017 - Introduced by Representatives Ripp, Jagler, Kleefisch, Jacque,
Kerkman, Nygren and Tittl, cosponsored by Senators Olsen and Nass.
Referred to Committee on Local Government.
AB109,1,4 1An Act to repeal 60.23 (34) (b) 3.; and to amend 59.69 (3) (b), 60.23 (34) (b) 1.,
260.23 (34) (b) 2., 60.23 (34) (d), 60.62 (2) and 60.62 (6) (a) of the statutes;
3relating to: modifying the requirements for certain towns to withdraw from
4county zoning.
Analysis by the Legislative Reference Bureau
This bill makes a number of technical changes to the law authorizing towns
located in a county with a population of at least 485,000 to withdraw from county
zoning. The bill makes the following changes:
1. Changes some of the timing requirements related to when a town must notify
a county of the town's intention to withdraw from county zoning.
2. No longer requires a town to send copies of its official map to the county clerk.
For further information see the state and 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:
AB109,1 5Section 1. 59.69 (3) (b) of the statutes is amended to read:
AB109,2,46 59.69 (3) (b) The development plan shall include the master plan, if any, of any
7city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,

1of such city or village, that was adopted under s. 62.23 (6) in the county, without
2change. In counties with a population of at least 485,000, the development plan shall
3also include, and integrate, the master plan and the official map of a town that was
4adopted under s. 60.62 (6) (a) or (b)
, without change.
AB109,2 5Section 2. 60.23 (34) (b) 1. of the statutes is amended to read:
AB109,2,106 60.23 (34) (b) 1. Not later than 180 days before enacting an ordinance under
7par. (a), the
The town notifies the county clerk and one or more officials of every other
8town in the county, in writing, of the town's intent to enact an ordinance under par.
9(a). A town may not enact an ordinance under par. (a) unless it does so before
10September 1 of a year during which the town may enact such an ordinance.
AB109,3 11Section 3. 60.23 (34) (b) 2. of the statutes is amended to read:
AB109,2,1612 60.23 (34) (b) 2. The town enacts a zoning ordinance under s. 60.62, and either
13adopts, or certifies that it has adopted,
a comprehensive plan under s. 66.1001, and
14an official map under s. 62.23 (6),
and the town sends certified copies of such
15documents to the county clerk before November 1 of a year during which the town
16may enact such an ordinance
.
AB109,4 17Section 4. 60.23 (34) (b) 3. of the statutes is repealed.
AB109,5 18Section 5. 60.23 (34) (d) of the statutes is amended to read:
AB109,2,2519 60.23 (34) (d) A zoning ordinance enacted under s. 60.62, and a comprehensive
20plan enacted under s. 66.1001, and an official map established under s. 62.23 (6), that
21are enacted in conjunction with an ordinance enacted under par. (a), shall all both
22take effect on the first day of the 3rd month beginning after certified copies of the
23documents are sent to the county clerk under par. (b) 2
date specified in the
24ordinance, but not later than January 1 of the year following the year in which the
25ordinance is enacted
.
AB109,6
1Section 6. 60.62 (2) of the statutes is amended to read:
AB109,3,62 60.62 (2) If the county in which the town is located has a population of fewer
3than 485,000 and has
enacted a zoning ordinance under s. 59.69, the exercise of the
4authority under sub. (1) is subject to approval by the town meeting or by a
5referendum vote of the electors of the town held at the time of any regular or special
6election. The question for the referendum vote shall be filed as provided in s. 8.37.
AB109,7 7Section 7. 60.62 (6) (a) of the statutes is amended to read:
AB109,3,138 60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw
9from county zoning and the county development plan may enact an ordinance
With
10regard to a town board that wishes to withdraw from county zoning as described

11under s. 60.23 (34), not later than November 1 of a year described under s. 60.23 (34)
12(a),
the town board shall enact a zoning ordinance under this section, an official map
13under s. 62.23 (6),
and a comprehensive plan under s. 66.1001.
AB109,3,1414 (End)
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