SB639: Bill Text

SB639,320,4 (ag) For purposes of pars. (a) 2. and (ad) 2., the types of provisions that may be deleted or modified are those that establish specified land uses or requirements that are associated with those uses and that are not necessary to effect the purposes of s. 144.26 (1) that relate to the protection of navigable waters.

SB639,320,10 (c) If the department determines that an amendment enacted by a county under par. (a) 2. or (ad) 2. does not meet the shoreland zoning standards, the department, after providing notice and conducting a hearing on the matter, shall issue an order declaring the amendment void and shall reinstate the applicability of the county shoreland zoning ordinance, that was in effect prior to before amending the ordinance, to the annexed or incorporated area.

SB639, s. 477 Section 477. 59.972 of the statutes is renumbered 59.695 and amended to read:

SB639,320,17 59.695 Zoning of shorelands for Trenton island in Pierce county. (1) An ordinance enacted under s. 59.971 59.692 that applies to Trenton island in Pierce county may not limit the cost of any reconstruction, alteration or repair of, or addition to, any structure on the island that does not conform with the ordinance, except as provided in sub. (2).

SB639,320,22 (2) (a) For a structure not covered under par. (b), an ordinance enacted under s. 59.971 59.692 may require that the cost of an alteration or repair of, or an addition to, a structure that does not conform with the ordinance may not exceed 50% of the structure's market value on the date on which the alteration, repair or addition begins.

SB639,321,3 (b) For structures that have been destroyed or that have been so severely damaged that they cannot be repaired, and that did not conform with the ordinance enacted under s. 59.971 59.692, an ordinance under s. 59.971 59.692 may require that the cost of the reconstruction of the structure may not exceed 150% of the structure's market value on the date immediately before the destruction or damage occurred.

SB639,321,7 (c) An ordinance enacted under s. 59.971 59.692 may not impose the limitations under pars. (a) and (b) if, as a result of the alteration, repair, addition or reconstruction, the structure will conform with all of the provisions of the ordinance enacted under s. 59.971 59.692.

SB639, s. 478 Section 478. 59.974 of the statutes is renumbered 59.693 and amended to read:

SB639,321,12 59.693 Construction site erosion control and storm water management zoning. (1) Definition. As used in In this section, "department" means the department of natural resources.

SB639,321,19 (2) Authority to enact ordinance. To effect the purposes of s. 144.266 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), 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. 59.97 59.69.

SB639,321,24 (4) Applicability of county zoning provisions; town approval. (a) Except as otherwise specified in this section, s. 59.97 59.69 applies to any ordinance or amendment to an ordinance enacted under this section, but an ordinance or amendment to an ordinance enacted under this section does not require approval and is not subject to disapproval by any town or town board.

SB639,322,4 (b) Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of adjustment for that county. Procedures under s. 59.99 59.694 apply to these determinations.

SB639,322,7 (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 59.97 59.69 that relate to construction site erosion control or storm water management regulation.

SB639,322,11 (6) Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.

SB639,322,16 (7) Applicability of local subdivision regulation. All powers granted to a county under s. 236.45 may be exercised by it the county 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 county has or provides a county planning agency as defined in s. 236.02 (1).

SB639,322,23 (8) Applicability to local governments and agencies. An ordinance that is 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 that is 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. 144.266 (2).

SB639,323,3 (9) Intergovernmental cooperation. (a) Except as provided in par. (c), s. 66.30 applies to this section, but for the purposes of this section any an agreement under s. 66.30 shall be effected by ordinance.

SB639,323,8 (b) If a county is served by a regional planning commission under s. 66.945 and if the commission consents, the county may empower the commission by ordinance to administer an ordinance that is enacted under this section throughout the county, whether or not the area otherwise served by the commission includes all of that county.

SB639,323,13 (c) If the board of commissioners of the Dane county lakes and watershed commission consents, Dane county may empower it the commission by ordinance to administer an ordinance that is enacted under this section whether or not the area otherwise served by the commission includes all of Dane county. Section 66.30 does not apply to this paragraph.

SB639,323,24 (10) Validity upon annexation. An ordinance that is enacted under this section by a county that is in effect in an area immediately before the area is annexed by a city or village continues in effect in the area after annexation unless the city or village enacts, maintains and enforces a city or village ordinance which complies with minimum standards established by the department and which is at least as restrictive as the county ordinance enacted under this section. If, after providing notice and conducting a hearing on the matter, the department determines that an ordinance that is enacted by a city or village which is applicable to the annexed area does not meet these standards or is not as restrictive as the county ordinance, the department shall issue an order declaring the city or village ordinance void and reinstating the applicability of the county ordinance to the annexed area.

SB639, s. 479 Section 479. 59.99 of the statutes is renumbered 59.694 and amended to read:

SB639,324,11 59.694 County zoning, adjustment board. (1) Appointment, power. The county board may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 may provide that such the board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Nothing in this subsection shall preclude precludes the granting of special exceptions by the county zoning agency designated under s. 59.97 59.69 (2) (a) or the county board in accordance with regulations and restrictions adopted pursuant to s. 59.97 under s. 59.69 which were in effect on July 7, 1973, or adopted after that date.

SB639,324,23 (2) Personnel. (a) In counties having with a population of less than 500,000, the board of adjustment shall consist of not more than 5 members as determined by resolution of the county board. The chairperson of the county board shall appoint the members with the approval of the county board for terms of 3 years beginning July 1. The incumbent members shall continue to serve until their terms expire. The county board resolution increasing the size of the board of adjustment shall indicate how many members shall be appointed for 1, 2 and 3 years prior to July 1 of the year in which the change takes effect in making the first appointments. If the county board, by resolution, determines to reduce the membership of the board of adjustment below 5 but not less than 3, one of the positions for which the term expires as determined by lot shall not be filled each year until the requisite number of positions has been reached.

SB639,325,2 (b) In counties having with a population of 500,000 or more, the board of adjustment shall consist of 3 members who are residents of the county, elected by the county board for terms of 1, 2 and 3 years, respectively, and until their successors are elected and qualify.

SB639,325,11 (bm) The chairperson of the county board may appoint, for staggered 3-year terms, 2 alternate members of the board of adjustment, who are subject to the approval of the county board. Annually, the chairperson of the county board shall designate one of the alternate members as the first alternate and the other as 2nd alternate. The first alternate shall act, with full power, only when a member of the board of adjustment refuses to vote because of a conflict of interest or when a member is absent. The 2nd alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the board of adjustment refuses to vote because of a conflict of interest or is absent.

SB639,325,21 (c) The members of the board of adjustment, including alternate members, shall all reside within the county and outside of the limits of incorporated cities and villages; provided, however, that no 2 members shall reside in the same town. The board of adjustment shall choose its own chairperson. Office room shall be provided by the county board, and the actual and necessary expenses incurred by the board of adjustment in the performance of its duties shall be paid and allowed as in cases of other claims against the county. The county board may likewise compensate the members of the board of adjustment, including alternate members, and the assistants as may be authorized by the county board. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

SB639,326,9 (3) Rules, meetings, minutes. The county board shall adopt rules for the conduct of the business of the board of adjustment, in accordance with the provisions of any ordinance or ordinances adopted pursuant to s. 59.97 enacted under s. 59.69. The board of adjustment may adopt further rules as necessary to carry into effect the regulations of the county board. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record.

SB639,326,18 (4) Appeals to board. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector or other administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

SB639,327,2 (5) Stays. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken shall certify to the board of adjustment after the notice of appeal shall have been filed with that officer that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by upon application to the board of adjustment or by petition to a court of record on application on, with notice to the officer from whom the appeal is taken and on due cause shown.

SB639,327,10 (6) Hearing appeals. The board of adjustment shall fix a reasonable time for the hearing of the appeal and publish a class 2 notice thereof under ch. 985, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any, a party may appear in person or by agent or attorney. In any an action involving a historic property, as defined in s. 44.31 (3), the board of adjustment shall consider any suggested alternatives or recommended decision submitted by the landmarks commission or the planning and zoning committee or commission.

SB639,327,12 (7) Powers of board. The board of adjustment shall have all of the following powers:

SB639,327,15 (a) To hear and decide appeals where it is alleged there is error in any an order, requirement, decision or determination made by an administrative official in the enforcement of s. 59.97 59.69 or of any ordinance adopted enacted pursuant thereto.

SB639,327,17 (b) To hear and decide special exceptions to the terms of the ordinance upon which such the board is required to pass under such ordinance.

SB639,327,22 (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

SB639,328,4 (d) To grant special exceptions and variances for renewable energy resource systems. If the board denies an application for a special exception or variance for a renewable energy resource such a system, the board shall provide a written statement of its reasons for denying the application. In this paragraph, "renewable energy resource system" means a solar energy system, a waste conversion energy system, a wind energy system or any other energy system which relies on a renewable energy resource.

SB639,328,10 (8) Order on appeal. In exercising the above-mentioned powers such under this section, the board of adjustment may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

SB639,328,15 (9) Majority rule. The concurring vote of a A majority vote of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

SB639,329,3 (10) Certiorari. Any person or persons, jointly or severally, A person aggrieved by any decision of the board of adjustment, or any a taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on with notice to the board and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

SB639,329,7 (14) Costs. Costs shall not be allowed against the board of adjustment unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

SB639, s. 480 Section 480. 59.997 (title) of the statutes is renumbered 59.08 (title).

SB639, s. 481 Section 481. 59.997 (1) to (6) of the statutes are renumbered 59.08 (1) to (6) and amended to read:

SB639,329,12 59.08 (1) Any two 2 or more adjoining counties in the state may consolidate into a single county by complying with the requirements and procedure herein specified.

SB639,329,16 (2) The county boards of supervisors of any 2 or more adjoining counties desiring to consolidate their respective counties into a single county may enter into a joint agreement for the consolidation of the counties, setting forth in the consolidation agreement all of the following:

SB639,329,18 (a) First, the The names of the several counties which they propose to be consolidated;.

SB639,329,21 (b) Second, the The name under which it is proposed to consolidate the said counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties; .

SB639,329,23 (c) Third, the The property, real and personal, belonging to each county, and the fair current fair market value thereof in current money of the United States;.

SB639,329,24 (d) Fourth, the The indebtedness, bonded and otherwise, of each county;.

SB639,330,2 (e) Fifth, the The proposed name and location of the county seat of the consolidated county;.

SB639,330,5 (f) Sixth, if If the said counties have different forms of county organization and government, the proposed form of county organization and government of the consolidated county;.

SB639,330,6 (g) And seventh, the The terms of agreement.

SB639,330,9 (3) The county board of supervisors of each of the counties county may appoint an advisory committee composed of 3 persons to assist the board in the preparation of the agreement.

SB639,330,15 (4) The original of the consolidation agreement, together with a petition on behalf of the several county boards of supervisors, signed by the chairperson of each of the boards, asking that a referendum on the question of consolidation of the several counties be ordered, shall be filed with the clerk of the circuit court of one of the counties and a copy of the consolidation agreement and of the petition shall be filed with the clerk of the circuit court of each of the other counties.

SB639,331,5 (5) The qualified electors of each county involved in the consolidation proposal whose county board of supervisors has not taken the initiative under sub. (2) may, by filing with the county board of supervisors of the county a petition conforming to the requirements of s. 8.40, signed by not less than 20% of the qualified electors of the county, based on the total vote cast for governor at the last general election, asking the board to effect a consolidation agreement with the county or counties named in the petition, and asking for a referendum on the question, require the board to so proceed. A copy of the petition of the electors shall also be filed with the clerk of the circuit court of the county. If the county board of supervisors is able within 6 months thereafter to effect the consolidation agreement, the procedure shall be the same as set forth in this section. If the board within that period of time is unable or for any reason fails to perfect the consolidation agreement, then the judge of the circuit court of the county shall appoint a committee of 5 representative citizens of the county, to act for and in lieu of the county board of supervisors in perfecting the consolidation agreement and in petitioning for a referendum.

SB639,331,8 (6) The county board of supervisors shall cause a copy of publish the consolidation agreement thereafter to be published in each county as a class 1 notice under ch. 985.

SB639, s. 482 Section 482. 59.997 (7) of the statutes, as affected by 1995 Wisconsin Act 16, is renumbered 59.08 (7) and amended to read:

SB639,331,24 59.08 (7) When the publication of the said consolidation agreement in each of the said counties is completed, of which the certificate to the judge judges of the circuit court courts of the said counties from the owner-editor or manager of each newspaper publishing the same shall be proof, the judge or judges of the circuit courts of the said counties shall, by order entered of record in each of such counties, require the several county clerks of the counties included in the consolidation agreement to submit such question to a vote of the qualified electors of such counties at the next election to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in said order, which day shall be the same in each of the counties proposing to consolidate. A copy of said the order shall be filed with the county clerk of each of such counties. If such the question is submitted at a special election, it shall be held not less than thirty 30 days nor more than sixty 60 days from the completion of the consolidation agreement, but not within sixty 60 days of any spring or general election.

SB639, s. 483 Section 483. 59.997 (8) to (11) and (13) to (17) of the statutes are renumbered 59.08 (8) to (11) and (13) to (17) are amended to read:

SB639,332,5 59.08 (8) The county clerk shall notice such election as other elections. The ballots shall be provided by the county clerk and shall be in substantially the following form:

SB639,332,6 Official referendum ballot

SB639,332,11 If you desire to vote for the consolidation of .... (insert names of counties proposing to consolidate) counties pursuant to under a consolidation agreement, make a cross (8) in the square after the word "Yes", underneath the question; if you desire to vote against consolidation, make a cross (8) in the square after the word "No", underneath the question.

SB639,332,13 Shall .... (here insert names of counties proposing to consolidate) counties consolidate pursuant to under a consolidation agreement?

SB639,332,14 Yes ⍽ No ⍽

SB639,332,21 (9) The ballot shall have on the back or reverse side thereof the endorsements provided by law for ballots for general elections and shall be marked, punched or labeled by the elector and counted and canvassed as other ballots cast on questions in the county are counted and canvassed. The election shall be conducted by the same officers and in the same manner as are other elections in the county. The results of the election shall be certified to the judge or judges of the circuit court courts for the counties.

SB639,333,4 (10) If a majority of the votes cast in each county upon such the questions are in favor of the consolidation of such the counties, the judge or judges of said the circuit court shall enter such the fact of record in each such county. If in any one of such the counties less than a majority of the votes cast upon such question are in favor of the proposed consolidation, said the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon such the question in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of such the county for a period of two 2 years.

SB639,333,18 (11) At the next succeeding regular November election, held at least 60 days after the election at which consolidation is approved by the voters, there shall be elected for the consolidated county all county officers provided for by law and the officers shall be nominated as provided in ch. 6. Their terms shall begin on the first Monday of January next succeeding their election, at which time they shall replace all elective county officers of the counties that are consolidated into the consolidated county whose terms shall on that day terminate. All appointive county officers shall be appointed by the person, board or authority upon whom the power to appoint such officers in other counties is conferred. The terms of the officers shall commence on the first Monday of January next succeeding the first election of officers for the consolidated county, and shall continue, unless otherwise removed, until their successors have been appointed and qualified. The successors of all such officers whose first election or appointment is provided for in this subsection shall thereafter be elected or appointed at the time, in the manner and for the terms provided by law.

SB639,334,16 (13) Upon the first Monday of January following the first election of county officers for the consolidated county, the several counties shall thereafter for all purposes be treated and considered as one county, under the name and upon the terms and conditions set forth in the said consolidation agreement; and all. All rights, privileges, and franchises of each of the said several counties, and all records, books, and documents, and all property, real and personal, and all debts due on whatever account, as well as other things in action, belonging to each of such the counties, shall be deemed as considered transferred to and vested in the said consolidated county, without further act or deed. All property, all rights-of-way, and all and every other interest shall be as effectually the property of the consolidated county as they were of the several counties prior to said before the consolidation; and the. The title to real estate, either by deed or otherwise, under the laws of this state vested in any of the said counties, shall not be deemed considered to revert or be in any way impaired by reason of this consolidation; but the. The rights of creditors and all liens upon the property of any of the said counties shall be preserved unimpaired;, and the respective counties shall be deemed considered to continue in existence to preserve the same and all debts, liabilities and duties of any of the said counties shall henceforth attach to said the consolidated county and be enforced against it to the same extent as if the said debts, liabilities and duties had been incurred or contracted by it, unless by the terms of said the agreement the outstanding bonded indebtedness of the said counties shall not be transferred and attached to said the consolidated county, but shall remain as obligations of the said counties which for such purpose shall be deemed considered to continue in existence.

SB639,334,24 (14) Suits may be brought and maintained against the consolidated county in any of the courts of this state in the same manner as against any other county. Any action or proceeding pending by or against either any of the counties consolidated may be prosecuted to judgment as if the consolidation had not taken place;, or the consolidated county may be substituted in its place. The towns, school districts, election districts and voting places in the consolidated county shall continue as in the several counties prior to before consolidation, unless and until changed in accordance with law.

SB639,335,9 (15) Until changed by law, the same circuit courts shall continue, though it may result in the consolidated county being a part of two 2 or more circuits. All such courts shall, however, be held at the place designated as the county seat of the consolidated county, and each such court and the judge thereof of that court shall continue to have and exercise the same jurisdiction as the court or the judge had and exercised before such the consolidation. If two 2 or more judges have jurisdiction in any consolidated county they or a majority of them shall exercise the power to appoint officers and fill vacancies as is vested in judges of circuit courts of other counties.

SB639,335,15 (16) For the purpose of representation in congress and in the legislature the existing congressional, senatorial and assembly districts shall continue until changed in accordance with law. Such The consolidated county shall in all respects, except as otherwise provided herein in this section, be subject to all the obligations and liabilities imposed, and shall possess all the rights, powers and privileges vested by law in other counties.

SB639,335,18 (17) The provisions of this section shall be deemed considered cumulative and the authority herein granted in this section to counties shall not be limited or made inoperative by any existing statute.

SB639, s. 484 Section 484. 60.10 (2) (h) of the statutes is amended to read:

SB639,335,22 60.10 (2) (h) Exercise of certain zoning authority. In a town located in a county which has adopted enacted a zoning ordinance under s. 59.97 59.69, authorize, under s. 60.62 (2), the town board to adopt enact town zoning ordinances under s. 61.35.

SB639, s. 485 Section 485. 60.10 (3) (d) of the statutes is amended to read:

SB639,336,3 60.10 (3) (d) Rural numbering systems. Posting signs and otherwise cooperating with the county in the establishment of a rural numbering system under s. 59.07 (65) 59.54 (4) and (4m).

SB639, s. 486 Section 486. 60.23 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,336,7 60.23 (5) Cooperation in county planning. Cooperate with the county in rural planning under ss. 27.019, 59.07 (65) 59.54 (4) and (4m) and 59.97 59.69.

SB639, s. 487 Section 487. 60.23 (20) of the statutes is amended to read:

SB639,336,14 60.23 (20) Disposition of dead animals. Notwithstanding ss. 59.07 (84) 59.54 (21) and 95.50 (3), dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under s. 66.30 to provide for the removal and disposition. A town may recover its costs under this subsection by levying a special assessment under s. 66.345.

SB639, s. 488 Section 488. 60.23 (30) of the statutes is amended to read:

SB639,336,20 60.23 (30) Riding horses, dogs running at large. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate riding horses and commercial stables under s. 59.07 (50) 59.54 (19) or to regulate dogs running at large under s. 59.07 (69) 59.54 (20).

SB639, s. 489 Section 489. 60.23 (31) of the statutes is amended to read:

SB639,336,24 60.23 (31) Unified local transportation system. Cooperate with a county under s. 59.967 (10) 59.58 (2) (j) in the establishment of a comprehensive unified local transportation system, as defined in s. 59.967 (3) (a) 59.58 (2) (c) 2.

SB639, s. 490 Section 490. 60.305 (3) (b) of the statutes is amended to read:

SB639,337,5 60.305 (3) (b) If the town board and county board agree to combine a county and town office under this subsection, the election to fill the combined office shall be under s. 59.12 59.20 (2). No separate election for the town office may be held until the county board, by resolution, revokes the combination and the town board, by resolution, concurs.

SB639, s. 491 Section 491. 60.61 (2) (intro.) of the statutes is amended to read:

SB639,337,9 60.61 (2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town is located in a county which has not adopted enacted a county zoning ordinance under s. 59.97 59.69, the town board, by ordinance, may:

SB639, s. 492 Section 492. 60.61 (3) (intro.) and (a) of the statutes are amended to read:

SB639,337,14 60.61 (3) Exercise of authority. (intro.) Before exercising authority under sub. (2), the town board shall petition the county board to initiate, at any regular or special meeting, action to adopt enact a county zoning ordinance under s. 59.97 59.69. The town board may proceed under sub. (2) if:

SB639,337,16 (a) The county board fails or refuses, at the meeting, to direct the county zoning agency to proceed under s. 59.97 59.69;