59.45 County surveyor; duties, deputies, fees.
59.46 Penalty for nonfeasance.
59.47 County auditors; powers; duties.
SUBCHAPTER V
POWERS AND DUTIES OF COUNTIES
59.52 County administration.
59.53 Health and human services.
59.54 Public protection and safety.
59.55 Consumer protection.
59.56 Cultural affairs; education; recreation.
59.57 Economic and industrial development.
SUBCHAPTER VI
FINANCE AND BUDGET
59.60 Budgetary procedure in certain counties.
59.605 Tax levy rate limit.
59.61 Financial transactions.
59.62 Investment authority delegation.
59.63 Treasurer's disbursement of revenue.
59.64 Claims against county.
59.65 Publication of financial report.
SUBCHAPTER VII
LAND USE, INFORMATION AND REGULATION,
ENVIRONMENTAL PROTECTION, SURVEYS,
PLANNING AND ZONING
59.69 Planning and zoning authority.
59.691 Required notice on certain approvals.
59.692 Zoning of shorelands on navigable waters.
59.693 Construction site erosion control and storm water management zoning.
59.694 County zoning, adjustment board.
59.696 Zoning; filing fees.
59.697 Fees for zoning appeals.
59.698 Zoning, building inspector.
59.70 Environmental protection and land use.
59.71 Special counties; record keeping.
59.73 Surveys; expressing bearings, subdividing sections.
59.74 Perpetuation of section corners, landmarks.
59.75 Certificates and records as evidence.
59.76 Registration of farms.
SUBCHAPTER VIII
POPULOUS COUNTIES
59.792 Milwaukee County; sewage, waste, refuse.
59.794 Milwaukee County; limitations on board authority and on intergovernmental cooperation, shared services.
59.796 Milwaukee County; opportunity schools and partnership program.
59.80 Milwaukee County; city-county crime commission.
59.81 Cash flow, Milwaukee.
59.82 Milwaukee County Research and Technology Park.
59.84 Expressways and mass transit facilities in populous counties.
59.85 Appropriation bonds for payment of employee retirement system liability in populous counties.
59.86 Agreements and ancillary arrangements for certain notes and appropriation bonds.
59.87 Employee retirement system liability financing in populous counties; additional powers.
59.875 Payment of contributions in and employment of annuitants under an employee retirement system of populous counties.
59.88 Employee retirement system of populous counties; duty disability benefits for a mental injury.
59.90 Provisions applicable to certain counties with special sales tax authority.
DEFINITIONS
59.001
59.001
Definitions. In this chapter, unless the context clearly indicates to the contrary:
59.001(1)
(1) “Board" means the county board of supervisors.
59.001(2)
(2) “Clerk" means the county clerk.
59.001(2m)
(2m) “Members-elect" means those members of the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office.
59.001(2r)
(2r) “Municipal clerk" means the clerk of a municipality.
59.001(3)
(3) “Municipality" means any city, village or town.
59.001(3m)
(3m) “Municipal treasurer" means the treasurer of a municipality.
59.001(3r)
(3r) “Professional land surveyor" means a professional land surveyor licensed under ch.
443.
59.001(4)
(4) “Treasurer" means the county treasurer.
LEGAL STATUS; ORGANIZATION
59.01
59.01
Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch.
75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s.
23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.
59.01 History
History: 1987 a. 378;
1995 a. 201.
59.01 Cross-reference
Cross-reference: See ss.
75.35 and
75.69 for restrictions on the sale of tax deeded land.
59.01 Annotation
Discussing civil rights actions against municipalities. Starstead v. City of Superior,
533 F. Supp. 1365 (1982).
59.02
59.02
Powers, how exercised; quorum. 59.02(1)(1)
The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board.
59.02(2)
(2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: “The county board of supervisors of the county of .... does ordain as follows".
59.02(3)
(3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided.
59.02 History
History: 1977 c. 447;
1995 a. 201.
59.02 Annotation
The county board's failure to use the prescribed language of sub. (2) did not invalidate an ordinance. Cross v. Soderbeck,
94 Wis. 2d 331,
288 N.W.2d 779 (1980).
59.02 Annotation
A supervisor who is required to abstain is not “present" for calculating the number of votes required for passage. Ballenger v. Door County,
131 Wis. 2d 422,
388 N.W.2d 624 (Ct. App. 1986).
59.03(1)(1)
Administrative home rule. Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county.
59.03(2)
(2)
Consolidation of municipal services, home rule, metropolitan district. 59.03(2)(a)
(a) Subject to s.
59.794 (2) and
(3) and except as elsewhere specifically provided in these statutes, the board of any county is vested with all powers of a local, legislative and administrative character, including without limitation because of enumeration, the subject matter of water, sewers, streets and highways, fire, police, and health, and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred may be exercised by the board in any municipality, or part thereof located in the county upon the request of any such municipality, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular function, duty or act, and the terms, if any, upon which the powers shall be exercised by the board or by a similar resolution adopted by direct legislation in the municipality in the manner provided in s.
9.20. The resolution shall further provide whether the authority or function is to be exercised exclusively by the county or jointly by the county and the municipality, and shall also find that the exercise of such power by the county would be in the public interest. Upon the receipt of the resolution, the board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of the function, upon the terms and conditions set forth in the resolution presented by the municipality.
59.03(2)(b)
(b) The board of any county may, by a resolution adopted by a majority of its membership, propose to any of the municipalities located in the county that it offers to exercise such powers and functions therein in order to consolidate municipal services and functions in the county. Such resolution shall designate the particular function, duty or act and the terms and conditions, if any, upon which the board will perform the function, duty or act. The powers conferred in par.
(a) and designated in such resolution may thereafter be exercised by the board in each municipality which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body or by direct legislation in the manner provided in s.
9.20.
