AB881,5,105 60.23 (35) Town withdrawal from county zoning. (a) Subject to subds. 1. and
62., after 5 years after the effective date of this paragraph .... [LRB inserts date], enact
7an ordinance withdrawing the town from coverage of a county zoning ordinance that
8was approved under s. 59.69 (5) (c) and from coverage by a county development plan
9that was enacted under s. 59.69 (3) (a). An ordinance enacted under this paragraph
10may not take effect until all of the following occur:
AB881,5,1311 1. Not later than 2 years before enacting an ordinance under this paragraph,
12the town adopts a resolution of the town's intent to enact an ordinance under this
13paragraph and provides a copy of the resolution to the county clerk.
AB881,5,1714 2. Not earlier than 2 years and not later than 3 years after adopting the
15resolution under subd. 1., the town adopts a resolution informing the county of the
16town's withdrawal from coverage of the county's zoning ordinances, and the town
17sends certified copies of the documents under subd. 3. to the county clerk.
AB881,5,2018 3. Not later than the effective date of the resolution adopted under subd. 2., the
19town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s.
2066.1001, and an official map under s. 62.23 (6).
AB881,5,2221 (b) Nothing in this subsection authorizes a town to withdraw from a county
22shoreland zoning ordinance under s. 59.692.
AB881,8 23Section 8. 60.62 (6) (a) of the statutes is amended to read:
AB881,6,324 60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw
25from county zoning and the county development plan under s. 60.23 (34) may enact

1an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance
2under this section, an official map under s. 62.23 (6), and a comprehensive plan under
3s. 66.1001.
AB881,9 4Section 9. 60.62 (7) of the statutes is created to read:
AB881,6,95 60.62 (7) (a) If a town withdraws from coverage of a county zoning ordinance
6under s. 60.23 (35), the ordinance and any regulations, approvals, and conditions
7imposed under the ordinance continue in effect until the ordinance or the particular
8regulation, approval, or condition is specifically changed by official action of the
9town.
AB881,6,1710 (b) If a town that has been subject to a town zoning ordinance adopts a
11resolution under s. 59.69 (5) (c) approving the application of a county zoning
12ordinance within any part of the town, the town zoning ordinance and any
13regulations, approvals, and conditions imposed under the town zoning ordinance,
14that are applicable to the area within the town for which the application of the county
15zoning ordinance is approved, continue in effect until the town zoning ordinance or
16the particular regulation, approval, or condition is specifically changed by official
17action of the county.
AB881,10 18Section 10. 61.353 (5) of the statutes is amended to read:
AB881,6,2419 61.353 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
20and any regulations, approvals, and conditions imposed under the ordinance that
21were applicable, prior to annexation, to any shoreland annexed by a village after May
227, 1982, shall continue in effect and shall be enforced after annexation by the
23annexing village
until the effective date of an ordinance enacted by the village under
24sub. (2).
AB881,11 25Section 11. 61.353 (6) of the statutes is amended to read:
AB881,7,6
161.353 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
2and any regulations, approvals and conditions imposed under the ordinance that
3were applicable prior to incorporation to any shoreland that is part of a town that
4incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
5shall continue in effect and shall be enforced after incorporation by the incorporated
6village
until the effective date of an ordinance enacted by the village under sub. (2).
AB881,12 7Section 12. 62.233 (5) of the statutes is amended to read:
AB881,7,138 62.233 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
9and any regulations, approvals, and conditions imposed under the ordinance that
10were applicable, prior to annexation, to any shoreland annexed by a city after May
117, 1982, shall continue in effect and shall be enforced after annexation by the
12annexing city
until the effective date of an ordinance enacted by the city under sub.
13(2).
AB881,13 14Section 13. 62.233 (6) of the statutes is amended to read:
AB881,7,2115 62.233 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
16and any regulations, approvals, and conditions imposed under the ordinance that
17were applicable prior to incorporation to any shoreland that is part of a town that
18incorporates as a city under s. 66.0203, 66.0211, 66.0213, or 66.0215 after April 30,
191994, shall continue in effect and shall be enforced after incorporation by the
20incorporated city
until the effective date of an ordinance enacted by the city under
21sub. (2).
AB881,14 22Section 14. 66.0227 (4) of the statutes is amended to read:
AB881,8,923 66.0227 (4) If an area which that has been subject to a city or village zoning
24ordinance is detached from one municipality and attached to another under this
25section, the regulations imposed by the zoning ordinance and any regulations,

1approvals, and conditions imposed under the ordinance
continue in effect and shall
2be enforced by the attaching city, village or town
until the ordinance or the particular
3regulation, approval, or condition is specifically
changed by official action of the
4governing body of the municipality, except that if . If the detachment or attachment
5is contested in the courts, the zoning ordinance and any regulations, approvals, and
6conditions imposed under the ordinance
of the detaching municipality prevails
7continue in effect, and the detaching city or village has retains jurisdiction over the
8zoning in the area affected until ultimate determination final disposition of the court
9action.
AB881,15 10Section 15. 66.0307 (7m) of the statutes is renumbered 66.0307 (7m) (a) and
11amended to read:
AB881,8,1712 66.0307 (7m) (a) If a town is a party to a cooperative plan with a city or village,
13the town and city or village may agree, as part of the cooperative plan, to authorize
14the town, city, or village to adopt enact a zoning ordinance under s. 60.61, 61.35 , or
1562.23 for all or a portion of the town territory covered by the plan. The exercise of
16zoning authority by a town under this subsection paragraph is not subject to s. 60.61
17(3) or 60.62 (3).
AB881,8,24 18(b) 1. If a county zoning ordinance applies to the town territory covered by the
19a cooperative plan subject to an agreement under par. (a), that ordinance and
20amendments to it any regulations, approvals, and conditions imposed under the
21ordinance
continue in effect until a zoning the ordinance is adopted under this
22subsection.
or the particular regulation, approval, or condition is specifically
23changed by official action of the town, city, or village with authority to enact a zoning
24ordinance under the agreement under par. (a).
AB881,9,5
12. If a zoning ordinance is adopted enacted under this subsection par. (a), that
2zoning ordinance continues and any regulations, approvals, and conditions imposed
3under the ordinance continue
in effect after the planning period ceases until a
4different zoning ordinance for the territory is adopted
the ordinance or the particular
5regulation, approval, or condition is specifically changed
under other applicable law.
AB881,9,7 6(c) This subsection does not affect zoning ordinances adopted under s. 59.692
7or 87.30 or ch. 91.
AB881,16 8Section 16. 236.10 (1m) (a) of the statutes is amended to read:
AB881,9,149 236.10 (1m) (a) Except as provided in par. (b), a county planning agency under
10sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final
11plat of a subdivision that is located in a town that has, before the preliminary plat
12is submitted for approval, or before the final plat is submitted for approval if no
13preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35)
14withdrawing the town from county zoning and the county development plan.
AB881,17 15Section 17. 236.34 (2m) (a) of the statutes is amended to read:
AB881,9,2016 236.34 (2m) (a) Except as provided in par. (b), a county planning agency under
17s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve or object to a certified survey
18map that divides land that is located in a town that has, before the certified survey
19map is submitted for approval, enacted an ordinance under s. 60.23 (34) or (35)
20withdrawing the town from county zoning and the county development plan.
AB881,9,2121 (End)
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