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
SB183,1,5 1An Act to repeal 59.692 (7), 66.0203 (10), 66.0213 (2) (b), 66.0215 (7) (b) and
266.0216 (8) (b); to renumber 66.0213 (2) (a), 66.0215 (7) (a) and 66.0216 (8) (a);
3and to amend 59.692 (6m), 66.0217 (8) (a), 66.0219 (6) and 66.0223 (1) of the
4statutes; 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:
SB183,1 1Section 1. 59.692 (6m) of the statutes is amended to read:
SB183,2,62 59.692 (6m) For an amendment to an ordinance enacted under this section that
3affects 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
5review the amendment, to determine whether the ordinance, as amended, fails to
6meet the shoreland zoning standards.
SB183,2 7Section 2. 59.692 (7) of the statutes is repealed.
SB183,3 8Section 3. 66.0203 (10) of the statutes is repealed.
SB183,4 9Section 4. 66.0213 (2) (a) of the statutes is renumbered 66.0213 (2).
SB183,5 10Section 5. 66.0213 (2) (b) of the statutes is repealed.
SB183,6 11Section 6. 66.0215 (7) (a) of the statutes is renumbered 66.0215 (7).
SB183,7 12Section 7. 66.0215 (7) (b) of the statutes is repealed.
SB183,8 13Section 8. 66.0216 (8) (a) of the statutes is renumbered 66.0216 (8).
SB183,9 14Section 9. 66.0216 (8) (b) of the statutes is repealed.
SB183,10 15Section 10. 66.0217 (8) (a) of the statutes is amended to read:
SB183,3,916 66.0217 (8) (a) An ordinance for the annexation of the territory described in the
17annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected
18members of the governing body not less than 20 days after the publication of the
19notice of intention to circulate the petition and not later than 120 days after the date
20of filing with the city or village clerk of the petition for annexation or of the
21referendum election if favorable to the annexation. If the annexation is subject to

1sub. (6) the governing body shall first review the reasons given by the department
2that the proposed annexation is against the public interest. Subject to s. 59.692 (7),
An ordinance under this subsection may temporarily designate the classification
4of the annexed area for zoning purposes until the zoning ordinance is amended as
5prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a
6temporary classification, the proposed classification shall be referred to and
7recommended by the plan commission. The authority to make a temporary
8classification is not effective when the county ordinance prevails during litigation as
9provided in s. 59.69 (7).
SB183,11 10Section 11. 66.0219 (6) of the statutes is amended to read:
SB183,3,1911 66.0219 (6) Temporary zoning of area proposed to be annexed. An interim
12zoning ordinance to become effective only upon approval of the annexation at the
13referendum 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
15classification of the annexed area for zoning purposes until the zoning ordinance is
16amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance
17shall be referred to and recommended by the plan commission prior to introduction.
18Authority to make a temporary classification is not effective when the county zoning
19ordinance prevails during litigation as provided in s. 59.69 (7).
SB183,12 20Section 12. 66.0223 (1) of the statutes is amended to read:
SB183,4,1221 66.0223 (1) 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
23near but not necessarily contiguous to a village or city may be annexed to a village
24or city by ordinance enacted by the board of trustees of the village or the common
25council of the city, provided that in the case of noncontiguous territory the use of the

1territory by the city or village is not contrary to any town or county zoning regulation.
2The ordinance shall contain the exact description of the territory annexed and the
3names of the towns from which detached, and attaches the territory to the village or
4city upon the filing of 7 certified copies of the ordinance in the office of the secretary
5of state, together with 7 copies of a plat showing the boundaries of the territory
6attached. Two copies of the ordinance and plat shall be forwarded by the secretary
7of state to the department of transportation, one copy to the department of
8administration, one copy to the department of natural resources, one copy to the
9department of revenue and one copy to the department of public instruction. Within
1010 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
11or delivered to the clerk of the county in which the annexed territory is located.
12Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.
SB183,13 13Section 13. Nonstatutory provisions.
SB183,4,1914 (1) Shoreland territory in a city or village that was made subject to a county
15shoreland 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
17stats., section 66.0215 (7) (b), 2011 stats., or section 66.0216 (8) (b), 2011 stats., is not
18subject to that county shoreland zoning ordinance on or after the effective date of this
SB183,4,2020 (End)