AB760-ASA1, s. 1 1Section 1. 59.69 (1) of the statutes is amended to read:
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, s. 3 4Section 3. 59.69 (2) (e) of the statutes, as affected by 2005 Wisconsin Act 26,
5is amended to read:
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, s. 4 19Section 4. 59.69 (3) (a) of the statutes is amended to read:
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, s. 7 3Section 7. 59.69 (3) (e) of the statutes is amended to read:
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, s. 8 10Section 8. 59.69 (5) (c) of the statutes is amended to read:
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, s. 9 22Section 9. 59.69 (5) (d) of the statutes is amended to read:
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, s. 10 14Section 10. 60.23 (33) of the statutes is created to read:
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, s. 11 20Section 11. 60.23 (34) of the statutes is created to read:
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, s. 12 21Section 12. 60.62 (5) of the statutes is created to read:
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, s. 13
1Section 13. 60.62 (6) of the statutes is created to read:
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.
AB760-ASA1,10,1110 2. The town shall divide the amount determined under subd. 1. by the
11population of the county.
AB760-ASA1,10,1412 3. The town shall multiply the amount determined under subd. 2. by the
13population of the town to determine the average weekly number of hours of
14enforcement that town employees must spend enforcing the town zoning ordinance.
AB760-ASA1,10,1715 (c) The number of hours of enforcement of the town zoning ordinance that a
16town must provide, as described under par. (a), may not include the number of hours
17spent by a county enforcing a shorelands zoning ordinance enacted under s. 59.692.
AB760-ASA1, s. 14 18Section 14. 62.23 (7) (d) 1. b. of the statutes, as affected by 2005 Wisconsin Act
1926
, is amended to read:
AB760-ASA1,11,1020 62.23 (7) (d) 1. b. The council may make changes in the tentative
21recommendations after first submitting the proposed changes to the plan
22commission, board of public land commissioners or plan committee for
23recommendation and report and after publishing a class 2 notice, under ch. 985, of
24the proposed changes and hearings thereon as well as the notice to the clerk of any
25contiguous municipality and to the commanding officer, or the officer's designee, of

1any military base or installation, with at least 200 assigned military personnel or
2that contains at least 2,000 acres, that is located in or near the city, as required in
3subd. 1. a. Hearings on the proposed changes may be held by, at the council's option,
4the council, the plan commission, the board of public land commissioners or the plan
5committee. The entity holding the hearing shall consider any comments made, or
6submitted, by the commanding officer, or the officer's designee, of a military base or
7installation, with at least 200 assigned military personnel or that contains at least
82,000 acres, that is located in or near the city. The class 2 notice required under this
9subdivision may also include any required notice for a hearing to be held by the plan
10commission or the common council on a proposal to amend the city's master plan.
AB760-ASA1, s. 15 11Section 15. 66.1001 (3) (intro.) of the statutes is amended to read:
AB760-ASA1,11,1812 66.1001 (3) Actions, procedures that must be consistent with comprehensive
13plans.
(intro.) Beginning on January 1, 2010, if a local governmental unit engages
14in any of the following actions, those actions shall be consistent with that local
15governmental unit's comprehensive plan, and the local governmental unit shall
16issue written findings, which shall include the local governmental unit's reasons and
17reasoning, that indicate how the actions are consistent with its own comprehensive
18plan
:
AB760-ASA1, s. 16 19Section 16. 66.1001 (3m) of the statutes is created to read:
AB760-ASA1,12,620 66.1001 (3m) Actions challenging consistency with comprehensive plans.
21If a case is filed in circuit court that challenges the validity of a comprehensive plan,
22including whether an action described under sub. (3) is consistent with the
23comprehensive plan of the local governmental body that is taking the action, a court
24shall presume that the plan is valid. The court shall presume that the action
25described under sub. (3) is valid if the local governmental unit has issued written

1findings that describe the reasons for the action it has taken. The court shall
2conclude that the action is consistent with the comprehensive plan unless there is
3no rational basis for the action in any aspect of any of the elements of the
4comprehensive plan. Only property owners have standing to file a case under this
5subsection. The circuit court may not permit the local governmental unit to
6introduce any information that is not contained in the written findings it has issued.
AB760-ASA1, s. 17 7Section 17. 66.1001 (4) (a) of the statutes is amended to read:
AB760-ASA1,12,228 66.1001 (4) (a) The governing body of a local governmental unit shall adopt
9written procedures that are designed to foster public participation, including open
10discussion, communication programs, information services, the solicitation and
11submission of written comments as described under par. (f),
and public meetings for
12which advance notice has been provided, in every stage of the preparation of a
13comprehensive plan. The written procedures shall provide for wide distribution of
14proposed, alternative, or amended elements of a comprehensive plan and shall
15provide an opportunity for written comments on the plan to be submitted by
16members of the public to the governing body and for the governing body to respond
17to such written comments. The written procedures shall describe the methods the
18governing body of a local governmental unit will use to distribute proposed,
19alternative, or amended elements of a comprehensive plan to owners of property, or
20to persons who have a leasehold interest in property pursuant to which the persons
21may extract nonmetallic mineral resources in or on property, in which the allowable
22use or intensity of use of the property is changed by the comprehensive plan.
AB760-ASA1, s. 18 23Section 18. 66.1001 (4) (f) of the statutes is created to read:
AB760-ASA1,13,624 66.1001 (4) (f) At the initial stage of the preparation of a comprehensive plan,
25a local governmental unit shall invite written comments from property owners on the

1property owners' proposed or contemplated uses for their property over the next 10
2years. A property owner may submit such written comments not later than the 60th
3day beginning after the local governmental unit solicits the comments. The plan
4commission or other body of a local governmental unit that is authorized to prepare
5a comprehensive plan shall consider all written comments that are submitted under
6this paragraph.
AB760-ASA1, s. 19 7Section 19. 66.1001 (4) (g) of the statutes is created to read:
AB760-ASA1,13,148 66.1001 (4) (g) At least 30 days before the public hearing described in par. (d)
9is held, a local governmental unit shall hold at least one public forum at which the
10proposed ordinance or resolution is discussed. That forum must be preceded by a
11class 1 notice under ch. 985 that is published at least 30 days before the forum is held.
12Notice of the forum shall also be sent to every governmental body described in par.
13(b) 1. and to any state agency which the local governmental unit believes would be
14interested in attending, or being made aware of, the forum.
AB760-ASA1, s. 20 15Section 20. 236.10 (1) (b) (intro.) of the statutes is renumbered 236.10 (1) (b)
16and amended to read:
AB760-ASA1,13,2217 236.10 (1) (b) If within the extraterritorial plat approval jurisdiction of a
18municipality:, a joint committee consisting of 3 town members and 3 citizen members
19of the municipality, if it has adopted a subdivision ordnance or an official map under
20s. 62.23. The 3 citizen members of the municipality shall be appointed by the mayor.
21The 3 town members shall be appointed by the town board for 3-year terms, shall
22be residents of the town, and shall be persons experienced in plat review.
AB760-ASA1, s. 21 23Section 21. 236.10 (1) (b) 1. to 3. of the statutes are repealed.
AB760-ASA1, s. 22 24Section 22. 236.13 (4) of the statutes is amended to read:
AB760-ASA1,14,5
1236.13 (4) Where more than one governing body or other agency has authority
2to approve or to object to a plat and the requirements of such bodies or agencies are
3conflicting, the plat shall comply with the most restrictive requirements, except that
4a county may object to a plat only if the plat is subject to a county plan under s. 59.69
5or a boundary agreement under s. 66.0307 to which the county is a party
.
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