State statutory enabling legislation is required to authorize enactment of typical rent control ordinances. 62 Atty. Gen. 276.
Local units of government may not create and accumulate unappropriated surplus funds. However, a local unit of government may maintain reasonable amounts necessary in the exercise of sound business principles to meet the immediate cash flow needs of the municipality during the current budgetary period or to accumulate needed capital in non-lapsing funds to finance specifically identified future capital expenditures. 76 Atty. Gen. 77
Article VIII, section 5 restricts the state from levying taxes to create a surplus having no public purpose. Although the constitutional provision does not apply directly to municipalities, the same limitation applies indirectly to them because the state cannot delegate more power than it has. 76 Atty. Gen. 77
Conflicts between state statutes and local ordinances in Wisconsin. 1975 WLR 840.
The provisions of s. 9.20
, relating to direct legislation, shall be applicable to villages.
History: 1989 a. 273
Recycling or resource recovery facilities.
A village may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 287.13
Village planning. Section 62.23
applies to villages, and the powers and duties conferred and imposed by s. 62.23
upon mayors, councils and specified city officials are hereby conferred upon presidents, village boards, and village officials performing duties similar to the duties of such specified city officials, respectively. Any ordinance or resolution passed prior to May 30, 1925, by any village board under s. 61.35
, 1923 stats., shall remain in effect until repealed or amended by such village board.
History: 1981 c. 390
Zoning of wetlands in shorelands. 61.351(1)
As used in this section:
(2) Filled wetlands.
Any wetlands which are filled prior to the date on which a village receives a final wetlands map from the department of natural resources in a manner which affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.
(2m) Certain wetlands on landward side of an established bulkhead line.
Any wetlands on the landward side of a bulkhead line, established by the village under s. 30.11
prior to May 7, 1982 and between that bulkhead line and the ordinary high-water mark are exempt wetlands and not subject to an ordinance adopted under this section.
(3) Adoption of ordinance.
To effect the purposes of s. 281.31
and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32
, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.
Powers and procedures.
Except as provided under sub. (5)
, s. 61.35
applies to ordinances and amendments enacted under this section.
Impact on other zoning ordinances.
If a village ordinance enacted under s. 61.35
affecting wetlands in shorelands is more restrictive than an ordinance enacted under this section affecting the same lands, it continues to be effective in all respects to the extent of the greater restrictions, but not otherwise.
(5) Repair and expansion of existing structures permitted.
Notwithstanding s. 62.23 (7) (h)
, an ordinance adopted under this section may not prohibit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of an ordinance adopted under this section or any environmental control facility in existence on the effective date of an ordinance adopted under this section related to that structure.
(5m) Restoration of certain nonconforming structures. 61.351(5m)(a)(a)
Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance adopted under this section may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size, subject to par. (b)
, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply:
The nonconforming structure was damaged or destroyed on or after March 2, 2006.
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
An ordinance adopted under this section to which par. (a)
applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
(6) Failure to adopt ordinance.
If any village does not adopt an ordinance required under sub. (3)
within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32
, or if the department of natural resources, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1)
, the department of natural resources shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30
apply to this subsection.
See also ch. NR 117
, Wis. adm. code.
Construction site erosion control and storm water management zoning. 61.354(1)
As used in this section, "department" means the department of natural resources.
(2) Authority to enact ordinance.
To effect the purposes of s. 281.33
and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35
(4) Applicability of village zoning provisions. 61.354(4)(a)(a)
Except as otherwise specified in this section, s. 61.35
applies to any ordinance or amendment to an ordinance enacted under this section.
Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of appeals or similar agency for that village. To the extent specified under s. 61.35
, procedures under s. 62.23 (7) (e)
apply to these determinations.
An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 61.35
that relate to construction site erosion control at sites where the construction activities do not include the construction of a building or to storm water management regulation.
(5) Applicability of comprehensive zoning plan or general zoning ordinance.
Ordinances enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting villages, so far as practicable.
(6) Applicability of local subdivision regulation.
All powers granted to a village under s. 236.45
may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building or with respect to storm water management regulation, if the village has or provides a planning commission or agency.
(7) Applicability to local governments and agencies.
An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1)
but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2)
Except as provided in par. (c)
, s. 66.0301
applies to this section, but for the purposes of this section any agreement under s. 66.0301
shall be effected by ordinance.
If a village is served by a regional planning commission under s. 66.0309
and if the commission consents, the village may empower the commission by ordinance to administer the ordinance enacted under this section throughout the village, whether or not the area otherwise served by the commission includes all of that village.
If a village is served by the Dane County Lakes and Watershed Commission, and if the commission consents, the village may empower the commission by ordinance to administer the ordinance enacted under this section throughout the village, whether or not the area otherwise served by the commission includes all of that village. Section 66.0301
does not apply to this paragraph.
Streets, sidewalks, sewers and watercourses.
Without limitation because of enumeration, the village board may lay out, open, change, widen or extend roads, streets, alleys, sanitary and storm sewers, water mains, parks and other public grounds, and improve, repair or discontinue the same or any part thereof, including lighting and tree planting, and may establish and open and construct drains, canals or sewers and alter, widen or straighten watercourses; may build, alter, repair or otherwise improve or vacate or discontinue sidewalks and crosswalks; and may build and maintain roads and sidewalks required to connect the village with any transportation terminal or village property outside of its limits.
Service pipes and sewers.
The provisions of s. 62.16 (2)
, relating to service pipes, and s. 62.18
, relating to sewers, shall be applicable to villages.
Railroads, dust prevention.
The village board may require any railroad company to cause its roadbed within the limits of the village, to a distance of one foot outside each rail, to be sprinkled with water or to be oiled in such manner as to prevent dust from arising therefrom.
History: 1985 a. 187
Village taxes. 61.46(1)(1)
The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special election by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax. The village board shall file the question as provided in s. 8.37
The village board shall, at the same time and in like manner, determine the amount, if any, of highway tax to be levied and collected in such village for the current year. Such highway tax shall thereafter be assessed and collected by the village treasurer at the time and in the manner provided for the collection of other village taxes; and such highway tax shall be kept as a separate fund, and shall be expended under the direction of the village board in the improvement of the streets, highways and bridges in said village.
Street and sidewalk improvement tax.
For the purpose of improving the streets, making and improving sidewalks and crosswalks and setting out shade and ornamental trees in such village, the board may levy a tax in addition to the highway tax provided for in s. 61.46 (2)
, and the amount fixed shall be levied, certified and collected as provided in these statutes. All moneys so collected shall be paid to the village treasurer and expended under the direction of the board of trustees.
History: 1985 a. 29
County aid for construction and repair of bridges and culverts.
Any village may elect to become subject to all of the provisions of s. 82.08
by a resolution adopted by a two-thirds majority vote of all of the members of the village board. The election to become subject to s. 82.08
shall be effective when a certified copy of the resolution is filed with the county board and a majority of the towns and villages in the county that are already subject to s. 82.08
vote to approve the village's election. Until the village ceases to be subject to s. 82.08
, the words "town" and "town board" as used in s. 82.08
shall also apply to the village and its village board. A village that has become subject to s. 82.08
may cease to be subject to that section by the adoption of a resolution and its approval in the same manner as the village became subject to that section.
History: 2003 a. 214
NOTE: 2003 Wis. Act 214
, which affected this section, contains extensive explanatory notes.
Ordinances; contracts; other instruments; how executed. 61.50(1)(1)
Publication of notice of ordinances.
Every contract, conveyance, commission, license or other written instrument shall be executed on the part of the village by the president and clerk, sealed with corporate seal, and in pursuance only of authority therefor from the village board. All ordinances and bylaws shall be signed by the president and countersigned by the clerk; and, if any penalty or forfeiture is thereby imposed, the ordinance or bylaw shall be published either in its entirety, as a class 1 notice, under ch. 985
, or as a notice, as described under sub. (3) (b)
, and shall take effect on the day after the publication or a later date if expressly prescribed. If there is no newspaper published in the village, the village board may in lieu of newspaper publication have copies of the ordinances and bylaws posted in at least 3 public places in said village, and proof thereof filed and recorded by the village clerk, and the same shall take effect the day after the proof of posting has been filed and recorded, or at a later date if expressly provided in the ordinance or bylaw.
(1m) Indeterminate publication.
When any village ordinance is required by law to be published without express designation therein as to class of notice, the ordinance shall be published either in its entirety, as a class 1 notice under ch. 985
, or as a notice, as described under sub. (3) (b)
(2) Entitling of ordinance.
All ordinances shall be suitably entitled and in this style: "The village board of .... do ordain as follows". All authorized ordinances and bylaws shall have the force of law and remain in force until repealed.
A notice of an ordinance or bylaw that may be published under this subsection shall be published as a class 1 notice under ch. 985
and shall contain at least all of the following:
A summary of the subject matter and main points of the ordinance or bylaw.
Information as to where the full text of the ordinance or bylaw may be obtained, including the phone number of the village clerk, a street address where the full text of the ordinance or bylaw may be viewed, and a Web site, if any, at which the ordinance or bylaw may be accessed.
History: 2007 a. 72
Auditing accounts. 61.51(1)(1)
No account or demand against the village shall be paid until it has been audited and allowed and an order drawn on the treasurer therefor. Every such account shall be made out in items. After auditing, which, at the option of the board, may be done by the village manager or such other officer as may be designated, the board shall cause to be endorsed by the clerk, over the clerk's hand on each account, the words "allowed" or "disallowed," as the fact is, adding the amount allowed, if any, and specifying the items or parts of items disallowed, if disallowed in part only. The minutes of the proceedings of the board, or a statement attached thereto, shall show to whom and for what purpose every such account was allowed and the amount. Every such account or demand allowed in whole or in part shall be filed by the clerk, and those of each year consecutively numbered, and have endorsed the number of the order on the treasurer issued in payment, and the clerk shall take a receipt thereon for such order.
Payment of regular wages or salaries may be by payroll, verified by the proper official, and filed in time for payment on the regular pay day and such payments heretofore made are validated.
The fiscal year in each village shall be the calendar year.
See s. 66.0609
for an alternative system of approving claims.
Bids on improvements. 61.54(1)
When village may reject and perform work.
Whenever any village board shall, after notice duly given, have received bids for the grading of streets, construction of sewers, laying of pavements, sprinkling and cleaning of streets or for any other public work or improvement, or for the furnishing of materials therefor, and be of the opinion that such bids are fraudulent, collusive or greater in amount than the fair reasonable value of the work to be done or materials to be furnished, or if no bids are received, said village board may, by resolution and by the vote of two-thirds of its members, direct, and determine that the bids so received shall be rejected and that the work to be done, and materials to be furnished shall be performed and furnished by said village directly, and under the direction and supervision of the village board.
(2) Power of board.
Whenever the village board of any village shall determine to carry on any public work or construct any improvement under the provisions of this section it shall have the power to purchase and secure all necessary and proper tools and equipment with which to perform the same.
(3) Special assessment not to exceed lowest bid.
The cost and expense of all work done and all materials furnished by any village under this section shall be collected in the same manner as if done and furnished by any other person under contract with said village, and the power to levy special assessments to defray such cost and expense shall be the same as is now, or as hereafter may be provided by law; provided, however, that the amounts assessed hereunder against any lands or interests specially benefited or otherwise liable therefor shall in no case exceed the amounts which would have been assessed against the same had the lowest bid so received as aforesaid been accepted, and that so much of such cost and expense as shall be in excess of such lowest bid shall be borne by said village at large.
Contracts involving over $25,000; how let; exception.
All contracts for public construction, in any such village, exceeding $25,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901
insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $25,000, the village board shall give a class 1 notice, under ch. 985
, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41
are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.
Alternative letting of contracts.
A village board may by ordinance provide that as a complete alternative to the requirements established by ss. 61.54
the provisions of s. 62.15
shall be applicable to village contracts. The authority vested in the board of public works shall in such case be exercised by the village board, or as delegated by the village board.
Acquisition of recycling or resource recovery facilities without bids.
A village may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under ss. 61.54
if the village invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects.
History: 1983 a. 425
Village orders; borrowing money.
No village or any officer thereof shall have power to issue any time or negotiable order, or borrow money, except in the manner and for the purposes expressly declared by statute.
The village board may purchase, equip, operate and maintain ambulances and contract for ambulance service with one or more providers for conveyance of the sick or injured. The village board may determine and charge a reasonable fee for ambulance service provided under this section.
History: 1991 a. 39
Police and fire departments; pension funds.