LRBs0509/1
MES:lmk:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 760
March 2, 2006 - Offered by Committee on Property Rights and Land Management.
AB760-ASA1,1,7
1An Act to repeal 236.10 (1) (b) 1. to 3.;
to renumber and amend 59.69 (3) (b)
2and 236.10 (1) (b) (intro.);
to amend 59.69 (1), 59.69 (2) (a) 1., 59.69 (2) (e), 59.69
3(3) (a), 59.69 (3) (e), 59.69 (5) (c), 59.69 (5) (d), 62.23 (7) (d) 1. b., 66.1001 (3)
4(intro.), 66.1001 (4) (a) and 236.13 (4); and
to create 59.69 (3) (b) 1. to 5., 60.23
5(33), 60.23 (34), 60.62 (5), 60.62 (6), 66.1001 (3m), 66.1001 (4) (f) and 66.1001
6(4) (g) of the statutes;
relating to: changes to the comprehensive planning
7statutes and authorizing towns to withdraw from county zoning.
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.
Under this substitute amendment, the county board may only designate a
single committee of the board to act in all matters pertaining to county planning and
zoning.
Under the current law commonly known as the "Smart Growth" statute, if a
local governmental unit (city, village, town, county, or regional planning commission)
creates a comprehensive plan (a development plan or a master plan) or amends an
existing comprehensive plan, the plan must contain certain planning elements. The
required planning elements include the following: housing; transportation; utilities
and community facilities; agricultural, natural, and cultural resources; economic
development; and land use.
Beginning on January 1, 2010, current law requires that certain actions of a
local governmental unit that affect land use must be consistent with that local
governmental unit's comprehensive plan. The actions to which this requirement
applies are official mapping, local subdivision regulation, and zoning ordinances,
including zoning of shorelands or wetlands in shorelands. Also beginning on
January 1, 2010, current law requires that if a local governmental unit engages in
any program or action that affects land use, the comprehensive plan must contain
at least all of the required planning elements. This substitute amendment makes
a number of changes to the comprehensive planning statute.
Under the substitute amendment, the comprehensive planning statute
requires a local governmental unit to issue written findings, that include its reasons
and its reasoning, that indicate how the actions it undertakes are consistent with its
own comprehensive plan. If a circuit court case challenges the validity of a
comprehensive plan, including whether an allowable action is consistent with a local
governmental unit's comprehensive plan, the substitute amendment requires a
court to conclude that the plan is valid. The substitute amendment also requires a
court to presume that the action is valid if the local governmental unit issues written
findings that describe their reasons for its action. And the substitute amendment
also requires a court to conclude that the action is consistent with the plan unless
there is no rational basis for the action in any aspect of any of the elements of the
comprehensive plan. In addition, only property owners have standing to file an
action.
The substitute amendment also requires a local governmental unit, at the
initial stage of the preparation of a comprehensive plan, to invite and consider
written comments from property owners on their proposed or contemplated uses for
their property over the next ten years.
Under current law, if a town board has been granted the authority to exercise
village powers, the town board may adopt zoning ordinances under the zoning
statutes that apply to cities and villages, subject to a number of conditions. If the
county in which the town is located has enacted a county zoning ordinance, town
zoning ordinances may not take effect until such ordinances are approved either by
a town meeting or by a referendum vote of the electors of the town and are approved
by the county board.
Current law authorizes a county board to repeal an existing county zoning
ordinance and reenact a comprehensive revision by a single ordinance. Under this
substitute amendment, a county is required, approximately every two years, to
repeal an existing county zoning ordinance and reenact a comprehensive revision by
a single ordinance. The bill requires the repeal and reenactment to occur within
approximately 24 months after the county's comprehensive plan is updated, which
current law requires every 10 years.
Also under this substitute amendment, a town board that is authorized to
exercise village powers may enact an ordinance withdrawing completely, or partially,
from coverage of a county zoning ordinance and a county development plan. The
withdrawal may occur only during the 24-month period during which a county is
required to repeal and reenact a comprehensive zoning ordinance. The ordinance
may not take effect unless the town clerk notifies the county clerk of the proposed
ordinance and the town enacts, and sends copies to the county clerk, a town zoning
ordinance, a comprehensive plan, and an official map. If a town does withdraw from
county zoning, however, it is still subject to a county shorelands zoning ordinance.
In addition, a town must provide the same level of enforcement of its zoning
ordinance that the county formerly provided. County board approval of a town
zoning ordinance is not required if the town has withdrawn from county zoning.
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.
Under the substitute amendment, the development plan includes the master
plan and official map of a city or village only up to their incorporated limits, unless
the city or village has entered into a cooperative boundary agreement with the
adjacent town. The substitute amendment also requires that the county
development plan include the official map of any town in the county that has adopted
a comprehensive plan. Also under the substitute amendment, 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.
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
substitute amendment authorizes a town that may exercise village powers to adopt
an official map at any time.
Under current law if two or more governing bodies or agencies have the
authority to approve or object to a plat and the requirements of the bodies or agencies
conflict, the plat must comply with the most restrictive requirement. This substitute
amendment qualifies this provision by allowing a county to object to a town plat only
if the plat is subject to a county plan or a boundary agreement to which the county
is a party.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB760-ASA1,4,19
159.69
(1) Purpose. It is the purpose of this section to promote the public health,
2safety, convenience
, and general welfare; to encourage planned and orderly land use
3development; to protect property values
, individual property rights, and the property
4tax base; to permit the careful planning and efficient maintenance of highway
5systems; to ensure adequate highway, utility, health, educational
, and recreational
6facilities; to recognize the needs of agriculture, forestry, industry
, and business in
7future growth; to encourage uses of land and other natural resources which are in
8accordance with their character and adaptability; to provide adequate light and air,
9including access to sunlight for solar collectors and to wind for wind energy systems;
10to encourage the protection of groundwater resources; to preserve wetlands; to
11conserve soil, water
, and forest resources; to protect the beauty and amenities of
12landscape and man-made developments; to provide healthy surroundings for family
13life; and to promote the efficient and economical use of public funds. To accomplish
14this purpose
, the board may plan for the physical development and zoning of territory
15within the county as set forth in this section and shall incorporate therein the master
16plan adopted under s. 62.23 (2) or (3)
and, the official map of any city or village in the
17county adopted under s. 62.23 (6)
, and the official map, adopted under s. 60.23 (33),
18of any town in the county that has adopted a comprehensive plan, as defined in s.
1966.1001 (1) (a) 2.
AB760-ASA1, s. 2
20Section
2. 59.69 (2) (a) 1. of the statutes is amended to read:
AB760-ASA1,5,321
59.69
(2) (a) 1. Except as provided under subd. 2., the board may
create a
22planning and zoning committee as a county board agency or may create a planning
23and zoning commission consisting wholly or partially of persons who are not
24members of the board, designated the county zoning agency. In lieu of creating a
25committee or commission for this purpose, the board may designate a
previously
1established single committee
or commission as the county zoning agency,
which shall
2be the sole committee authorized to act in all matters pertaining to county planning
3and zoning.
AB760-ASA1,5,186
59.69
(2) (e) Wherever a public hearing is specified under this section, the
7hearing shall be conducted by the county zoning agency in the county courthouse or
8in such other appropriate place as may be selected by the county zoning agency. The
9county zoning agency shall give notice of the public hearing by publication in the
10county as a class 2 notice under ch. 985, and shall consider any comments made, or
11submitted by, the commanding officer, or the officer's designee, of a military base or
12installation, with at least 200 assigned military personnel or that contains at least
132,000 acres, that is located in or near the county.
The county zoning agency shall also
14give advance notice to the media of the name of any person the agency knows of who
15is planning to appear and speak at any noticed public hearing. If the county zoning
16agency or the board plans to hold a public hearing on a proposal to amend a county
17development plan and a zoning ordinance, it may provide notice of both proposals in
18the same class 2 notice under ch. 985.
AB760-ASA1,6,520
59.69
(3) (a) The county zoning agency may direct the preparation of a county
21development plan or parts of the plan for the physical development of the
22unincorporated territory within the county and areas within incorporated
23jurisdictions whose governing bodies by resolution agree to having their areas
24included in the county's development plan. The plan may be adopted in whole or in
25part and may be amended by the board
and endorsed by the governing bodies of
1incorporated jurisdictions included in the plan. The county development plan, in
2whole or in part, in its original form or as amended, is hereafter referred to as the
3development plan. Beginning on January 1, 2010, if the county engages in any
4program or action described in s. 66.1001 (3), the development plan shall contain at
5least all of the elements specified in s. 66.1001 (2).
AB760-ASA1, s. 5
6Section
5. 59.69 (3) (b) of the statutes is renumbered 59.69 (3) (b) (intro.) and
7amended to read:
AB760-ASA1,6,118
59.69
(3) (b) (intro.) The development plan shall include
the master plan, if any,
9of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map,
10if any, of such city or village, that was adopted under s. 62.23 (6) in the county, 11without change., without change, all of the following:
AB760-ASA1, s. 6
12Section
6. 59.69 (3) (b) 1. to 5. of the statutes are created to read:
AB760-ASA1,6,1413
59.69
(3) (b) 1. The master plan, if any, up to the incorporated limits of any city
14or village, that was adopted under s. 62.23 (2) or (3).
AB760-ASA1,6,1615
2. The official map, if any, up to the incorporated limits of a city or village
16described under subd. 1., that was adopted under s. 62.23 (6) in the county.
AB760-ASA1,6,1817
3. The official map, as adopted under s. 60.23 (33), of any town in the county
18that has adopted a comprehensive plan, as defined in s. 66.1001 (1) (a) 2.
AB760-ASA1,6,2219
4. Any part of a city or village master plan, that was adopted under s. 62.23 (2)
20or (3), and that consists of territory outside of the corporate limits of the city or
21village, but only if the territory is covered by a cooperative plan under s. 66.0307
22entered into by the city or village and the town in which the territory is located.
AB760-ASA1,7,223
5. Any part of the official map of a city or village described under subd. 1., that
24was adopted under s. 62.23 (6), and that consists of territory outside of the corporate
25limits of the city or village, but only if the territory is covered by a cooperative plan
1under s. 66.0307 entered into by the city or village and the town in which the territory
2is located.
AB760-ASA1,7,94
59.69
(3) (e) A master plan adopted
by a city or village under s. 62.23 (2) and
5(3) and an official map that is established
by a city or village under s. 62.23 (6) shall
6control in unincorporated territory in a county affected thereby, whether or not such
7action occurs before the adoption of a development plan
, except that if the county
8development plan includes an official town map as described under par. (b) the town
9map shall control in its territory.
AB760-ASA1,7,2111
59.69
(5) (c) A county ordinance enacted under this section shall not be effective
12in any town until it has been approved by the town board. If the town board approves
13an ordinance enacted by the county board, under this section, a certified copy of the
14approving resolution attached to one of the copies of such ordinance submitted to the
15town board shall promptly be filed with the county clerk by the town clerk. The
16ordinance shall become effective in the town as of the date of the filing, which filing
17shall be recorded by the county clerk in the clerk's office, reported to the town board
18and the county board, and printed in the proceedings of the county board. The
19ordinance shall supersede any prior town ordinance in conflict therewith or which
20is concerned with zoning, except as provided by s. 60.62.
A town board may withdraw
21from coverage of a county zoning ordinance as provided under s. 60.23 (34).
AB760-ASA1,8,1323
59.69
(5) (d) The board
may shall by a single ordinance
, not later than the 1st
24day of the 24th month beginning after the effective date of the most recently enacted
25update of a comprehensive plan under s. 66.1001 (2) (i), unless additional time is
1required to obtain the certification described under s. 91.06, repeal an existing
2county zoning ordinance and reenact a comprehensive revision thereto in accordance
3with this section.
Except as otherwise provided in this paragraph, the repeal of the
4existing ordinance and reenactment of the comprehensive revision shall take effect
5on the same day. "Comprehensive revision", in this paragraph, means a complete
6rewriting of an existing zoning ordinance which changes numerous zoning
7provisions and alters or adds zoning districts. The comprehensive revision may
8provide that the existing ordinance shall remain in effect in a town for a period of up
9to one year or until the comprehensive revision is approved by the town board,
10whichever period is shorter. If the town board fails to approve the comprehensive
11revision within a year neither the existing ordinance nor the comprehensive revision
12shall be in force in that town. Any repeal and reenactment prior to
13November 12, 1965, which would be valid under this paragraph is hereby validated.
AB760-ASA1,8,1915
60.23
(33) Official town map. Adopt an official map. A town board that is
16authorized to exercise village powers under s. 60.10 (2) (c) may adopt an official map
17under this subsection only by acting under s. 62.23 (6), and the town board and town
18officers have the same authority and responsibilities as a common council and city
19officers acting under that s. 62.23 (6).
AB760-ASA1,9,521
60.23
(34) Town withdrawal from county zoning. (a) Subject to pars. (b), (c),
22and (d), and if authorized to exercise village powers under s. 60.10 (2) (c), during the
2324-month period described in s. 59.69 (5) (d), enact an ordinance withdrawing the
24town from coverage of a county zoning ordinance that had previously been approved
25under s. 59.69 (5) (c) and from coverage by a county development plan that has been
1enacted under s. 59.69 (3) (a). A town acting under this paragraph may withdraw
2completely, or only partially, from coverage of a county zoning ordinance, but the
3town may withdraw partially only if the county and town agree on the extent to which
4the town withdraws from, and the extent to which the town remains covered by, the
5county zoning ordinance.
AB760-ASA1,9,76
(b) Subject to par. (c), an ordinance enacted under par. (a) may not take effect
7until all of the following occur:
AB760-ASA1,9,108
1. Not later than 60 days before enacting an ordinance under par. (a), the town
9clerk notifies the county clerk, in writing, of the town's intent to enact an ordinance
10under par. (a).
AB760-ASA1,9,1311
2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan
12under s. 66.1001, and an official map under s. 62.23 (6), and the town clerk sends
13certified copies of such documents to the county clerk.
AB760-ASA1,9,1814
(c) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted
15under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted
16in conjunction with an ordinance enacted under par. (a), shall all take effect on the
17first day of the 3rd month beginning after certified copies of the documents are sent
18to the county clerk under par. (b) 2.
AB760-ASA1,9,2019
(d) A town that acts under par. (a) is still subject to a county shorelands zoning
20ordinance enacted under s. 59.692.
AB760-ASA1,9,2522
60.62
(5) (a) Not later than 60 days before a town board that wishes to withdraw
23from county zoning and the county development plan may enact an ordinance under
24s. 60.23 (34), the town board shall enact a zoning ordinance under this section, an
25official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.
AB760-ASA1,10,62
60.62
(6) (a) A town that has enacted a zoning ordinance and comprehensive
3plan as described under sub. (5) shall provide at least as many hours of town
4employee staff time enforcing the ordinance as the county provided to enforce the
5county zoning ordinance in the town when the town was subject to the county zoning
6ordinance, based on the formula described under par. (b) and subject to par. (c).
AB760-ASA1,10,97
(b) 1. The town shall determine the total number of hours of spent by the county,
8on average, on a weekly basis, spent by county employees on enforcement of the
9county zoning ordinance.