2013 - 2014 LEGISLATURE
May 16, 2013 - Introduced by Senators Tiffany,
Moulton and Grothman,
cosponsored by Representatives
Mursau, Swearingen, Bies, Bernier,
Brooks, Czaja, Endsley, Kestell, Krug, LeMahieu, Severson, Stroebel and
Jacque. Referred to Committee on Economic Development and Local
1An Act to repeal
59.692 (7), 66.0203 (10), 66.0213 (2) (b), 66.0215 (7) (b) and 2
66.0216 (8) (b); to renumber
66.0213 (2) (a), 66.0215 (7) (a) and 66.0216 (8) (a); 3
and to amend
59.692 (6m), 66.0217 (8) (a), 66.0219 (6) and 66.0223 (1) of the 4
statutes; relating to: the applicability of a county shoreland zoning ordinance
5in a shoreland area annexed by, or incorporated as, a city or village.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact a shoreland zoning ordinance for all
shorelands in its unincorporated area. Current law defines a shoreland to be an area
within a certain distance from the edge of a navigable water.
Current law provides, with certain exceptions, that, if a city or village annexes
a county shoreland area after a specified date and that area, before annexation, was
subject to a county shoreland ordinance, then the county shoreland ordinance
continues to be in effect and must be enforced by the annexing city or village. This
bill eliminates this requirement that the annexing city or village continue to keep the
ordinance in effect and enforce the ordinance.
Current law also provides that, if a shoreland area that is part of a town is
incorporated as a city or village after a specified date, then a county shoreland zoning
ordinance that covered that shoreland area before incorporation remains in effect.
This bill eliminates the requirement that county shoreland zoning ordinances
remain in force after a shoreland area is incorporated as a city or village.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
59.692 (6m) of the statutes is amended to read:
For an amendment to an ordinance enacted under this section that 3
affects an activity that meets all of the requirements under s. 281.165 (2), (3) (a), or 4
(4) (a), the department may not proceed under sub. (6) or (7) (b) or (c)
, or otherwise 5
review the amendment, to determine whether the ordinance, as amended, fails to 6
meet the shoreland zoning standards.
59.692 (7) of the statutes is repealed.
66.0203 (10) of the statutes is repealed.
66.0213 (2) (a) of the statutes is renumbered 66.0213 (2).
66.0213 (2) (b) of the statutes is repealed.
66.0215 (7) (a) of the statutes is renumbered 66.0215 (7).
66.0215 (7) (b) of the statutes is repealed.
66.0216 (8) (a) of the statutes is renumbered 66.0216 (8).
66.0216 (8) (b) of the statutes is repealed.
66.0217 (8) (a) of the statutes is amended to read:
(a) An ordinance for the annexation of the territory described in the 17
annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected 18
members of the governing body not less than 20 days after the publication of the 19
notice of intention to circulate the petition and not later than 120 days after the date 20
of filing with the city or village clerk of the petition for annexation or of the 21
referendum election if favorable to the annexation. If the annexation is subject to
sub. (6) the governing body shall first review the reasons given by the department 2
that the proposed annexation is against the public interest. Subject to s. 59.692 (7),
ordinance under this subsection may temporarily designate the classification 4
of the annexed area for zoning purposes until the zoning ordinance is amended as 5
prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a 6
temporary classification, the proposed classification shall be referred to and 7
recommended by the plan commission. The authority to make a temporary 8
classification is not effective when the county ordinance prevails during litigation as 9
provided in s. 59.69 (7).
66.0219 (6) of the statutes is amended to read:
66.0219 (6) Temporary zoning of area proposed to be annexed.
An interim 12
zoning ordinance to become effective only upon approval of the annexation at the 13
referendum election may be enacted by the governing body of the city or village. 14Subject to s. 59.692 (7), the The
ordinance may temporarily designate the 15
classification of the annexed area for zoning purposes until the zoning ordinance is 16
amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance 17
shall be referred to and recommended by the plan commission prior to introduction. 18
Authority to make a temporary classification is not effective when the county zoning 19
ordinance prevails during litigation as provided in s. 59.69 (7).
66.0223 (1) of the statutes is amended to read:
In addition to other methods provided by law and subject to sub. 22
(2) and ss. 59.692 (7),
66.0301 (6) (d),
and 66.0307 (7), territory owned by and lying 23
near but not necessarily contiguous to a village or city may be annexed to a village 24
or city by ordinance enacted by the board of trustees of the village or the common 25
council of the city, provided that in the case of noncontiguous territory the use of the
territory by the city or village is not contrary to any town or county zoning regulation. 2
The ordinance shall contain the exact description of the territory annexed and the 3
names of the towns from which detached, and attaches the territory to the village or 4
city upon the filing of 7 certified copies of the ordinance in the office of the secretary 5
of state, together with 7 copies of a plat showing the boundaries of the territory 6
attached. Two copies of the ordinance and plat shall be forwarded by the secretary 7
of state to the department of transportation, one copy to the department of 8
administration, one copy to the department of natural resources, one copy to the 9
department of revenue and one copy to the department of public instruction. Within 10
10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed 11
or delivered to the clerk of the county in which the annexed territory is located. 12
Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.
Shoreland territory in a city or village that was made subject to a county 15
shoreland zoning ordinance under section 59.692 (7) (a), 2011 stats., section 59.692 16
(7) (ad), 2011 stats., section 66.0203 (10), 2011 stats., section 66.0213 (2) (b), 2011 17
stats., section 66.0215 (7) (b), 2011 stats., or section 66.0216 (8) (b), 2011 stats., is not 18
subject to that county shoreland zoning ordinance on or after the effective date of this 19