LRB-4973/1
MES&EHS:kjf
2019 - 2020 LEGISLATURE
January 9, 2020 - Introduced by Representatives Swearingen, Spiros and
Spreitzer, cosponsored by Senators Petrowski, Bewley, Olsen and Jacque.
Referred to Committee on Local Government.
AB736,1,4 1An Act to amend 59.69 (5) (a), 59.69 (5) (b) and 59.692 (1c); and to create 59.692
2(2) (bg) and 992.23 of the statutes; relating to: town zoning in shorelands, the
3scope of county shoreland zoning ordinances, and authorizing partial county
4zoning.
Analysis by the Legislative Reference Bureau
Under current law, a county board may enact a zoning ordinance that applies
to towns that are located within the county. This bill specifies that a county board
may enact a zoning ordinance that applies in all or part of a town's territory, and may
apply in all of the territory of some towns, and in only part of the territory of other
towns. Such an ordinance, however, is not effective in a town until the ordinance is
approved by that town board.
The bill also contains a curative provision stating that any county zoning
ordinance that was enacted by a county before the effective date of the bill and that
applied to some towns in the county but not all towns within the county, and which
remains in effect, is declared to be legal and binding.
Under current law, each county must zone by ordinance all shorelands in its
unincorporated area in order to promote the public health, safety, and general
welfare and to effect the following purposes: to further the maintenance of safe and
healthful conditions; prevent and control water pollution; protect spawning grounds,
fish, and aquatic life; control building sites, placement of structures, and land uses;
and reserve shore cover and natural beauty. This bill adds that the requirements in
a county shoreland zoning ordinance must relate to these purposes.

Current law allows a town to enact a zoning ordinance that applies in
shorelands. This bill specifies that a town may enact a zoning ordinance affecting
the same shorelands as a county shoreland zoning ordinance. Both the current law
authorization and the bill's authorization are subject to a restriction that, generally,
such a town ordinance may not impose restrictions or requirements in shorelands
with respect to matters regulated by a county shoreland zoning ordinance affecting
the same shorelands, regardless of whether the county shoreland zoning ordinance
was enacted separately from, or together with, a zoning ordinance.
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:
AB736,1 1Section 1. 59.69 (5) (a) of the statutes is amended to read:
AB736,2,132 59.69 (5) (a) When the county zoning agency has completed a draft of a
3proposed zoning ordinance, it shall hold a public hearing thereon, following
4publication in the county of a class 2 notice, under ch. 985. The proposed zoning
5ordinance may specify whether it would apply in all or part of a town's territory.
If
6the proposed ordinance has the effect of changing the allowable use of any property,
7the notice shall include either a map showing the property affected by the ordinance
8or a description of the property affected by the ordinance and a statement that a map
9may be obtained from the zoning agency. After such hearing the agency may make
10such revisions in the draft as it considers necessary, or it may submit the draft
11without revision to the board with recommendations for adoption. Proof of
12publication of the notice of the public hearing held by such agency shall be attached
13to its report to the board.
AB736,2 14Section 2. 59.69 (5) (b) of the statutes is amended to read:
AB736,3,715 59.69 (5) (b) When the draft of the ordinance, recommended for enactment by
16the zoning agency, is received by the board, it may enact the ordinance as submitted,
17or reject it, or return it to the agency with such recommendations as the board may

1see fit to make. The board may enact an ordinance that applies in all or part of a
2town's territory, including applying in all of the territory of some towns in the county,
3and in only part of the territory of other towns in the county.
In the event of such
4return subsequent procedure by the agency shall be as if the agency were acting
5under the original directions. When enacted, a copy of the ordinance shall be
6submitted by the clerk to each town clerk, under par. (g), for consideration by the
7town board.
AB736,3 8Section 3. 59.692 (1c) of the statutes is amended to read:
AB736,3,139 59.692 (1c) To effect the purposes of s. 281.31 and to promote the public health,
10safety and general welfare, each county shall zone by ordinance all shorelands in its
11unincorporated area. The requirements in this ordinance shall relate to the
12purposes in s. 281.31 (1).
This ordinance may be enacted separately from ordinances
13enacted under s. 59.69.
AB736,4 14Section 4. 59.692 (2) (bg) of the statutes is created to read:
AB736,3,1715 59.692 (2) (bg) A town may enact a zoning ordinance affecting the same
16shorelands as an ordinance enacted under this section, subject to the restrictions in
17ss. 60.61 (3r) and 60.62 (5).
AB736,5 18Section 5 . 992.23 of the statutes is created to read:
AB736,3,23 19992.23 Validation of actions; county zoning. Any zoning ordinance
20enacted by a county under s. 59.69 before the effective date of this section .... [LRB
21inserts date], which applied to some towns in the county but not all towns within the
22county, and which is in effect on the effective date of this section .... [LRB inserts
23date], is declared to be legal, valid, and binding.
AB736,6 24Section 6. Initial applicability.
AB736,4,2
1(1) The treatment of ss. 59.69 (5) (a) and (b) and 59.692 (1c) and (2) (bg) first
2applies to a zoning ordinance that takes effect on the effective date of this subsection.
AB736,4,33 (End)
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