60.62 (1) Except as provided in s. 60.23 (33) and subject to subs. (2), (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.
178,9 Section 9. 60.62 (3) (a) of the statutes is amended to read:
60.62 (3) (a) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board. This paragraph applies only in counties with a population of less than 485,000, and does not apply to a town that has withdrawn from county zoning.
178,10 Section 10. 60.62 (6) of the statutes is created to read:
60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw from county zoning and the county development plan may enact an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.
(b) If a town receives notification under s. 59.69 (5m) that the county board has repealed its zoning ordinances, the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001, all of which take effect on the effective date of the county's repeal of its zoning ordinance.
178,11 Section 11. 87.30 (1r) of the statutes is created to read:
87.30 (1r) Land outside of floodplains. This section does not authorize a county to impose a requirement, condition, or restriction on land that is not within any floodplain in the county.
178,13 Section 13. 236.10 (1) (b) 3. of the statutes is amended to read:
236.10 (1) (b) 3. The Subject to sub. (1m), the county planning agency if such agency employs on a full-time basis a professional engineer, a planner or other person charged with the duty of administering zoning or other planning legislation.
178,14 Section 14. 236.10 (1) (c) of the statutes is renumbered 236.10 (1) (c) (intro.) and amended to read:
236.10 (1) (c) (intro.) If outside the extraterritorial plat approval jurisdiction of a municipality, the :
1. The town board; and the
2. Subject to sub. (1m), the county planning agency, if there is one.
178,15 Section 15. 236.10 (1m) of the statutes is created to read:
236.10 (1m) (a) Except as provided in par. (b), a county planning agency under sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final plat of a subdivision that is located in a town that has, before the preliminary plat is submitted for approval, or before the final plat is submitted for approval if no preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) withdrawing the town from county zoning and the county development plan.
(b) A county planning agency under sub. (1) (b) 3. or (c) 2. may object to any of the following portions of a subdivision that is located in a town described in par. (a):
1. Any portion of the subdivision that is shoreland, as defined in s. 59.692 (1) (b), in the county.
2. Any portion of the subdivision that is in a 100-year floodplain in the county.
178,16 Section 16. 236.34 (1) (dm) of the statutes is amended to read:
236.34 (1) (dm) A certified survey map that crosses the exterior boundary of a recorded plat or assessor's plat shall apply to the reconfiguration of not more than 4 parcels, or such greater maximum number specified by an ordinance enacted or resolution adopted under par. (ar) 1., by a single owner, or if no additional parcels are created. Such Subject to sub. (2m), such a certified survey map must be approved in the same manner as a final plat of a subdivision must be approved under s. 236.10, must be monumented in accordance with s. 236.15 (1), and shall contain owners' and mortgagees' certificates that are in substantially the same form as required under s. 236.21 (2) (a).
178,17 Section 17. 236.34 (2m) of the statutes is created to read:
236.34 (2m) County approval authority. (a) Except as provided in par. (b), a county planning agency under s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve or object to a certified survey map that divides land that is located in a town that has, before the certified survey map is submitted for approval, enacted an ordinance under s. 60.23 (34) withdrawing the town from county zoning and the county development plan.
(b) A county planning agency under s. 236.10 (1) (b) 3. or (c) 2. may object to any of the following portions of a certified survey map that divides land located in a town described in par. (a):
1. Any land shown on and subject to the certified survey map that is shoreland, as defined in s. 59.692 (1) (b), in the county.
2. Any land shown on and subject to the certified survey map that is in a 100-year floodplain in the county.
178,18 Section 18. Initial applicability.
(1) County approval of plat. The treatment of section 236.10 (1) (b) 3. and (c) and (1m) of the statutes first applies to preliminary plats or, in cases in which no preliminary plats are submitted, final plats that are submitted for approval on the effective date of this subsection.
(2) County approval of certified survey map. The treatment of section 236.34 (1) (dm) and (2m) of the statutes first applies to certified survey maps that are submitted for approval on the effective date of this subsection.
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