LRB-1328/1
MES:jld:rs
2001 - 2002 LEGISLATURE
January 16, 2001 - Introduced by Representatives Olsen, Ladwig, Powers,
Huebsch, Wade, Ott, Huber, Musser, Freese, Plouff, Gunderson, Rhoades,
Lassa, Ainsworth, M. Lehman, Miller, Hundertmark, Krawczyk, Nass
and
Hahn, cosponsored by Senators S. Fitzgerald, Welch, Roessler, Farrow, A.
Lasee
and Rosenzweig. Referred to Committee on Urban and Local Affairs.
AB27,1,3 1An Act to amend 59.69 (5) (b), 59.69 (5) (e) 2. and 59.69 (5) (e) 6. of the statutes;
2relating to: the type of notification for certain county zoning changes that are
3mailed to town clerks.
Analysis by the Legislative Reference Bureau
Under current law, if a county board enacts a zoning ordinance, the county clerk
is required to send by registered mail duplicate copies of the ordinance to each town
clerk in the county. Also under current law, one of the ways a county board may
amend a zoning ordinance is to act on a petition for amendment that has been
submitted to the county board. The county board is required to hold a public hearing
on the petition, and is required to send a registered mail notice of the time and place
of the hearing to the clerk of each town that is affected by the proposed amendment.
If a county board amends a zoning ordinance by a method other than adopting the
changes sought in a petition, the county clerk is required to send by registered mail
duplicate copies of the ordinance to the clerk of each town that is affected by the
ordinance. Also under current law, if a county board enacts an ordinance that relates
to the location of boundaries of a zoning district in the county, the county clerk is
required to send by registered mail a copy of the ordinance to the town clerk of the
town in which the lands affected by the change are located.
Under this bill, all such documents that must currently be sent by registered
mail must be sent by certified mail.

For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB27, s. 1 1Section 1. 59.69 (5) (b) of the statutes is amended to read:
AB27,2,82 59.69 (5) (b) When the draft of the ordinance, recommended for enactment by
3the zoning agency, is received by the board, it may enact the ordinance as submitted,
4or reject it, or return it to the agency with such recommendations as the board may
5see fit to make. In the event of such return subsequent procedure by the agency shall
6be as if the agency were acting under the original directions. When enacted,
7duplicate copies of the ordinance shall be submitted by the clerk by registered
8certified mail to each town clerk for consideration by the town board.
AB27, s. 2 9Section 2. 59.69 (5) (e) 2. of the statutes is amended to read:
AB27,2,1710 59.69 (5) (e) 2. Upon receipt of the petition by the agency it shall call a public
11hearing on the petition. Notice of the time and place of the hearing shall be given
12by publication in the county of a class 2 notice, under ch. 985. A copy of the notice
13shall be mailed by registered certified mail to the town clerk of each town affected
14by the proposed amendment at least 10 days prior to the date of such hearing. If the
15petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am)
161. b., the agency shall mail a copy of the notice to the owner or operator of the airport
17bordered by the airport affected area.
AB27, s. 3 18Section 3. 59.69 (5) (e) 6. of the statutes is amended to read:
AB27,4,219 59.69 (5) (e) 6. If an amendatory ordinance makes only the change sought in
20the petition and if the petition was not disapproved prior to, at or within 10 days
21under subd. 3. or 30 days under subd. 3m., whichever is applicable, after the public

1hearing by the town board of the town affected in the case of an ordinance relating
2to the location of district boundaries or by the town boards of a majority of the towns
3affected in the case of all other amendatory ordinances, it shall become effective on
4passage. The county clerk shall record in the clerk's office the date on which the
5ordinance becomes effective and notify the town clerk of all towns affected by the
6ordinance of the effective date and also insert the effective date in the proceedings
7of the county board. Any other amendatory ordinance when enacted shall within 7
8days thereafter be submitted in duplicate by the county clerk by registered certified
9mail to the town clerk of each town in which lands affected by the ordinance are
10located. If after 40 days from the date of the enactment a majority of the towns have
11not filed certified copies of resolutions disapproving the amendment with the county
12clerk, or if, within a shorter time a majority of the towns in which the ordinance is
13in effect have filed certified copies of resolutions approving the amendment with the
14county clerk, the amendment shall be in effect in all of the towns affected by the
15ordinance. Any ordinance relating to the location of boundaries of districts shall
16within 7 days after enactment by the county board be transmitted by the county clerk
17by registered certified mail only to the town clerk of the town in which the lands
18affected by the change are located and shall become effective 40 days after enactment
19of the ordinance by the county board unless such town board prior to such date files
20a certified copy of a resolution disapproving of the ordinance with the county clerk.
21If such town board approves the ordinance, the ordinance shall become effective upon
22the filing of the resolution of the town board approving the ordinance with the county
23clerk. The clerk shall record in the clerk's office the date on which the ordinance
24becomes effective and notify the town clerk of all towns affected by such ordinance

1of such effective date and also make such report to the county board, which report
2shall be printed in the proceedings of the county board.
AB27,4,33 (End)
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