The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB479,1 1Section 1. 59.69 (3) (a) of the statutes is amended to read:
SB479,4,92 59.69 (3) (a) The Subject to s. 60.23 (34), the county zoning agency may direct
3the preparation of a county development plan or parts of the plan for the physical
4development of the unincorporated territory within the county and areas within
5incorporated jurisdictions whose governing bodies by resolution agree to having
6their areas included in the county's development plan. The plan may be adopted in

1whole or in part and may be amended by the board and endorsed by the governing
2bodies of incorporated jurisdictions included in the plan. The county development
3plan, in whole or in part, in its original form or as amended, is hereafter referred to
4as the development plan. To the extent that the development plan applies to
5unincorporated areas of the county, it applies only to those unincorporated areas that
6are subject to county zoning.
Beginning on January 1, 2010, or, if the county is
7exempt under s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the county
8engages in any program or action described in s. 66.1001 (3), the development plan
9shall contain at least all of the elements specified in s. 66.1001 (2).
SB479,2 10Section 2. 59.69 (3) (b) of the statutes is amended to read:
SB479,4,1611 59.69 (3) (b) The development plan shall include the master plan, if any, of any
12city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,
13of such city or village, that was adopted under s. 62.23 (6) in the county, without
14change. In counties with a population of at least 485,000, the development plan shall
15also include, and integrate, the master plan and the official map of a town that was
16adopted under s. 60.62 (6) (a) or (b), without change.
SB479,3 17Section 3. 59.69 (3) (e) of the statutes is amended to read:
SB479,4,2218 59.69 (3) (e) A Except for a town that has adopted a master plan and official
19map as described in par. (b), a
master plan adopted under s. 62.23 (2) and (3) and an
20official map that is established under s. 62.23 (6) shall control in unincorporated
21territory in a county affected thereby, whether or not such action occurs before the
22adoption of a development plan.
SB479,4 23Section 4. 59.69 (5) (c) of the statutes is amended to read:
SB479,5,924 59.69 (5) (c) A county ordinance enacted under this section shall not be effective
25in any town until it has been approved by the town board. If the town board approves

1an ordinance enacted by the county board, under this section, a certified copy of the
2approving resolution attached to one of the copies of such ordinance submitted to the
3town board shall promptly be filed with the county clerk by the town clerk. The
4ordinance shall become effective in the town as of the date of the filing, which filing
5shall be recorded by the county clerk in the clerk's office, reported to the town board
6and the county board, and printed in the proceedings of the county board. The
7ordinance shall supersede any prior town ordinance in conflict therewith or which
8is concerned with zoning, except as provided by s. 60.62. A town board may withdraw
9from coverage of a county zoning ordinance as provided under s. 60.23 (34).
SB479,5 10Section 5. 59.69 (5m) of the statutes is created to read:
SB479,5,1711 59.69 (5m) Termination of county zoning. (a) Subject to par. (b), if a county
12clerk receives a notice from a town under s. 60.23 (34) (b) 1. before July 1 of the year
13before a year in which a town may withdraw from county zoning under s. 60.23 (34),
14a county board may enact an ordinance, before October 1 of the year in which the
15county clerk receives the notice, to repeal all of its zoning ordinances enacted under
16this section if it so notifies, in writing, all of the towns that are subject to its zoning
17ordinances.
SB479,5,2018 (b) An ordinance enacted under par. (a) shall have a delayed effective date of
19one year. No county board may repeal under this subsection a county shoreland
20zoning or floodplain zoning ordinance.
SB479,6 21Section 6. 59.692 (1p) of the statutes is created to read:
SB479,5,2322 59.692 (1p) This section does not authorize a county to impose a requirement,
23condition, or restriction on land that is not shoreland within the county.
SB479,7 24Section 7. 60.23 (34) of the statutes is created to read:
SB479,6,7
160.23 (34) Town withdrawal from county zoning. (a) Subject to pars. (b) and
2(c), after December 31, 2016, and before January 1, 2018, and during the one-year
3period every 3 years after January 1, 2017, enact an ordinance withdrawing the town
4from coverage of a county zoning ordinance that had previously been approved under
5s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted
6under s. 59.69 (3) (a), except that a town board may act under this paragraph only
7if the town is located in a county with a population of at least 485,000.
SB479,6,98 (b) Subject to pars. (c) and (d), an ordinance enacted under par. (a) may not take
9effect until all of the following occur:
SB479,6,1210 1. Not later than 180 days before enacting an ordinance under par. (a), the town
11notifies the county clerk and one or more officials of every other town in the county,
12in writing, of the town's intent to enact an ordinance under par. (a).
SB479,6,1513 2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan
14under s. 66.1001, and an official map under s. 62.23 (6), and the town sends certified
15copies of such documents to the county clerk.
SB479,6,2116 (c) 1. The zoning ordinance that the town enacts under s. 60.62 must be
17essentially identical to either the county zoning ordinance that is in effect when the
18town issues the written notification described in par. (b) 1., or to the model ordinance
19described in subd. 2. A town that enacts an ordinance that is essentially identical
20to the county ordinance may amend the ordinance following the procedures specified
21in s. 60.62.
SB479,7,322 2. All towns in a county that issue a written notification described in par. (b)
231. shall work together to develop a model zoning ordinance. The model ordinance
24may be recommended for enactment by a majority vote of the towns that participate
25in drafting the model ordinance in that county. Once the model ordinance is

1recommended, a town may enact the ordinance under s. 60.62. The model ordinance
2may be amended by a majority vote of the towns that have enacted the model
3ordinance in that county.
SB479,7,74 3. A town which enacts either an ordinance that is essentially identical to a
5county ordinance, as described in subd. 1., or a model ordinance, as described in subd.
62., may switch at any time from having one type of ordinance apply in the town to
7having the other type of ordinance apply in the town.
SB479,7,148 4. The zoning ordinance that the town enacts under s. 60.62 may not prohibit
9the continued use of any building, premises, structure, or land that is lawful under
10the county zoning ordinance that is in effect when the town issues the written
11notification described in par. (b) 1. With regard to the continued nonconforming use
12of any building, premises, structure, or land that is lawful under that county zoning
13ordinance, the town ordinance may not prohibit the nonconforming use even if the
14building, premises, structure, or land is not in continuous use.
SB479,7,1915 (d) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted
16under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted
17in conjunction with an ordinance enacted under par. (a), shall all take effect on the
18first day of the 3rd month beginning after certified copies of the documents are sent
19to the county clerk under par. (b) 2.
SB479,8 20Section 8. 60.62 (1) of the statutes is amended to read:
SB479,7,2321 60.62 (1) Except as provided in s. 60.23 (33) and subject to subs. (2), (3) and (4),
22if a town board has been granted authority to exercise village powers under s. 60.10
23(2) (c), the board may adopt zoning ordinances under s. 61.35.
SB479,9 24Section 9. 60.62 (3) (a) of the statutes is amended to read:
SB479,8,5
160.62 (3) (a) In counties having a county zoning ordinance, no zoning ordinance
2or amendment of a zoning ordinance may be adopted under this section unless
3approved by the county board. This paragraph applies only in counties with a
4population of less than 485,000, and does not apply to a town that has withdrawn
5from county zoning.
SB479,10 6Section 10. 60.62 (6) of the statutes is created to read:
SB479,8,107 60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw
8from county zoning and the county development plan may enact an ordinance under
9s. 60.23 (34), the town board shall enact a zoning ordinance under this section, an
10official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.
SB479,8,1511 (b) If a town receives notification under s. 59.69 (5m) that the county board has
12repealed its zoning ordinances, the town board shall enact a zoning ordinance under
13this section, an official map under s. 62.23 (6), and a comprehensive plan under s.
1466.1001, all of which take effect on the effective date of the county's repeal of its
15zoning ordinance.
SB479,11 16Section 11. 87.30 (1r) of the statutes is created to read:
SB479,8,1917 87.30 (1r) Land outside of floodplains. This section does not authorize a
18county to impose a requirement, condition, or restriction on land that is not within
19any floodplain in the county.
SB479,12 20Section 12. 91.36 (9) of the statutes is created to read:
SB479,9,321 91.36 (9) Town withdrawal from county zoning. If a town located in a county
22that has a certified farmland preservation zoning ordinance withdraws from county
23zoning under s. 60.23 (34) and adopts a farmland preservation zoning ordinance
24before it withdraws from county zoning, the town's farmland preservation zoning
25ordinance is considered to be a certified farmland preservation zoning ordinance

1until the department grants or denies the town's application for certification under
2sub. (5), but not for longer than 18 months from the day on which the town's farmland
3preservation zoning ordinance takes effect.
SB479,13 4Section 13. 236.10 (1) (b) 3. of the statutes is amended to read:
SB479,9,75 236.10 (1) (b) 3. The Subject to sub. (1m), the county planning agency if such
6agency employs on a full-time basis a professional engineer, a planner or other
7person charged with the duty of administering zoning or other planning legislation.
SB479,14 8Section 14. 236.10 (1) (c) of the statutes is renumbered 236.10 (1) (c) (intro.)
9and amended to read:
SB479,9,1110 236.10 (1) (c) (intro.) If outside the extraterritorial plat approval jurisdiction
11of a municipality, the:
SB479,9,12 121. The town board; and the
SB479,9,13 132. Subject to sub. (1m), the county planning agency, if there is one.
SB479,15 14Section 15. 236.10 (1m) of the statutes is created to read:
SB479,9,2015 236.10 (1m) (a) Except as provided in par. (b), a county planning agency under
16sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final
17plat of a subdivision that is located in a town that has, before the preliminary plat
18is submitted for approval, or before the final plat is submitted for approval if no
19preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) withdrawing
20the town from county zoning and the county development plan.
SB479,9,2221 (b) A county planning agency under sub. (1) (b) 3. or (c) 2. may object to any of
22the following portions of a subdivision that is located in a town described in par. (a):
SB479,9,2423 1. Any portion of the subdivision that is shoreland, as defined in s. 59.692 (1)
24(b), in the county.
SB479,9,2525 2. Any portion of the subdivision that is in a 100-year floodplain in the county.
SB479,16
1Section 16. 236.34 (1) (dm) of the statutes is amended to read:
SB479,10,102 236.34 (1) (dm) A certified survey map that crosses the exterior boundary of
3a recorded plat or assessor's plat shall apply to the reconfiguration of not more than
44 parcels, or such greater maximum number specified by an ordinance enacted or
5resolution adopted under par. (ar) 1., by a single owner, or if no additional parcels are
6created. Such Subject to sub. (2m), such a certified survey map must be approved
7in the same manner as a final plat of a subdivision must be approved under s. 236.10,
8must be monumented in accordance with s. 236.15 (1), and shall contain owners' and
9mortgagees' certificates that are in substantially the same form as required under
10s. 236.21 (2) (a).
SB479,17 11Section 17. 236.34 (2m) of the statutes is created to read:
SB479,10,1712 236.34 (2m) County approval authority. (a) Except as provided in par. (b), a
13county planning agency under s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve
14or object to a certified survey map that divides land that is located in a town that has,
15before the certified survey map is submitted for approval, enacted an ordinance
16under s. 60.23 (34) withdrawing the town from county zoning and the county
17development plan.
SB479,10,2018 (b) A county planning agency under s. 236.10 (1) (b) 3. or (c) 2. may object to
19any of the following portions of a certified survey map that divides land located in
20a town described in par. (a):
SB479,10,2221 1. Any land shown on and subject to the certified survey map that is shoreland,
22as defined in s. 59.692 (1) (b), in the county.
SB479,10,2423 2. Any land shown on and subject to the certified survey map that is in a
24100-year floodplain in the county.
SB479,18 25Section 18. Initial applicability.
SB479,11,4
1(1) County approval of plat. The treatment of section 236.10 (1) (b) 3. and (c)
2and (1m) of the statutes first applies to preliminary plats or, in cases in which no
3preliminary plats are submitted, final plats that are submitted for approval on the
4effective date of this subsection.
SB479,11,75 (2) County approval of certified survey map. The treatment of section 236.34
6(1) (dm) and (2m) of the statutes first applies to certified survey maps that are
7submitted for approval on the effective date of this subsection.
SB479,11,88 (End)
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