LRB-5318/1
EVM:emw&cjs
2023 - 2024 LEGISLATURE
December 19, 2023 - Introduced by Senators Ballweg, Jacque, James, Quinn and
Tomczyk, cosponsored by Representatives VanderMeer, Armstrong, Hurd,
Krug, O'Connor and Schmidt. Referred to Committee on Transportation and
Local Government.
SB826,1,6 1An Act to renumber and amend 66.0307 (7m); to amend 59.69 (3) (a), 59.69
2(3) (b), 59.69 (5) (c), 59.69 (5) (e) 7., 59.69 (7), 60.23 (34) (title), 60.62 (6) (a),
361.353 (5), 61.353 (6), 62.233 (5), 62.233 (6), 66.0227 (4), 236.10 (1m) (a) and
4236.34 (2m) (a); and to create 60.23 (35) and 60.62 (7) of the statutes; relating
5to:
town withdrawals from county zoning and the effect of a jurisdiction change
6on zoning provisions.
Analysis by the Legislative Reference Bureau
This bill provides a procedure for towns to withdraw from coverage of a county
zoning ordinance and standardizes statutory language related to the continuing
effect of zoning requirements upon a change of the authority with jurisdiction over
zoning matters.
Under the bill, beginning five years after the effective date of the bill, a town
board in any county may withdraw the town from coverage of the county zoning
ordinance and county development plan. In order to effectuate the withdrawal, the
town must provide certain notices to the county clerk and must enact a town zoning
ordinance, a comprehensive plan, and an official map.
Under current law, if a town board has been granted the authority to exercise
village powers, the town board may enact zoning ordinances using the zoning
statutes that are used by cities and villages, subject to a number of conditions. If the
county in which the town is located has enacted a county zoning ordinance, town

zoning ordinances may not take effect until such ordinances are approved either by
a town meeting or by a referendum vote of the electors of the town and are approved
by the county board. Also under current law, a county zoning ordinance may not take
effect in a town unless it has been approved by the town board. With an exception,
once a town board has approved a county zoning ordinance, the town may not
withdraw its approval.
Also, several provisions in current law provide for continuity in zoning
regulation when the governmental unit that has the authority to regulate zoning
changes. For example, under one such provision, when an area that had been subject
to zoning regulation by a county becomes subject to city zoning, the statutes provide
that regulations imposed under the county continue in effect until changed by the
city. The bill revises these provisions to be clearer and more consistent. In general,
these provisions now specify that the prior zoning ordinance and any regulations,
approvals, and conditions imposed under the prior zoning ordinance remain in effect
until specifically changed by the new zoning authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB826,1 1Section 1. 59.69 (3) (a) of the statutes is amended to read:
SB826,3,32 59.69 (3) (a) The county zoning agency may direct the preparation of a county
3development plan or parts of the plan for the physical development of the
4unincorporated territory within the county and areas within incorporated
5jurisdictions whose governing bodies by resolution agree to having their areas
6included in the county's development plan. The plan may be adopted in whole or in
7part and may be amended by the board and endorsed by the governing bodies of
8incorporated jurisdictions included in the plan. The county development plan, in
9whole or in part, in its original form or as amended, is hereafter referred to as the
10development plan. To the extent that the A development plan applies does not apply
11to unincorporated areas of a county with the population described in that have
12withdrawn from county zoning under
s. 60.23 (34), it applies only to those
13unincorporated areas that are subject to county zoning
or (35). Beginning on
14January 1, 2010, or, if the county is exempt under s. 66.1001 (3m), the date under s.

166.1001 (3m) (b), if the county engages in any program or action described in s.
266.1001 (3), the development plan shall contain at least all of the elements specified
3in s. 66.1001 (2).
SB826,2 4Section 2. 59.69 (3) (b) of the statutes is amended to read:
SB826,3,115 59.69 (3) (b) The development plan shall include the master plan, if any, of any
6city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,
7of such city or village, that was adopted under s. 62.23 (6) in the county, without
8change. In counties with a population of at least 485,000 containing towns that have
9withdrawn from county zoning under s. 60.23 (34) or (35)
, the development plan shall
10also include, and integrate, the master plan and the official map of a town that was
11adopted under s. 60.23 (35) (c) or 60.62 (6) (a) or (b), without change.
SB826,3 12Section 3. 59.69 (5) (c) of the statutes is amended to read:
SB826,3,2313 59.69 (5) (c) A county ordinance enacted under this section shall not be effective
14in any town until it has been approved by the town board. If the town board approves
15an ordinance enacted by the county board, under this section, a certified copy of the
16approving resolution attached to one of the copies of such ordinance submitted to the
17town board shall promptly be filed with the county clerk by the town. The ordinance
18shall become effective in the town as of the date of the filing, which filing shall be
19recorded by the county clerk in the clerk's office, reported to the town board and the
20county board, and printed in the proceedings of the county board. The ordinance
21shall supersede any prior town ordinance in conflict therewith or which is concerned
22with zoning, except as provided by s. 60.62. A town board may withdraw from
23coverage of a county zoning ordinance as provided under s. 60.23 (34) or (35).
SB826,4 24Section 4. 59.69 (5) (e) 7. of the statutes is amended to read:
SB826,4,12
159.69 (5) (e) 7. When any lands previously under the jurisdiction of a county
2zoning ordinance have been finally removed from such the county's jurisdiction by
3reason of annexation to an incorporated municipality, and after the ordinance and
4any
regulations, approvals, and conditions imposed by under the county zoning
5ordinance have ceased to be effective as provided in sub. (7), the board may, on the
6recommendation of its zoning agency, enact amendatory ordinances that remove or
7delete the annexed lands from the official zoning map or written descriptions without
8following any of the procedures provided in subds. 1. to 6., and such the amendatory
9ordinances shall become effective upon enactment and publication. A copy of the
10ordinance shall be forwarded by the clerk to the clerk of each town in which the lands
11affected were previously located. Nothing in this paragraph shall be construed to
12nullify or supersede s. 66.1031.
SB826,5 13Section 5. 59.69 (7) of the statutes is amended to read:
SB826,4,2514 59.69 (7) Continued effect of ordinance. Whenever If an area which that has
15been subject to a county zoning ordinance petitions to become part of a city or village,
16the regulations imposed by the county zoning ordinance shall continue and any
17regulations, approvals, and conditions imposed under the county zoning ordinance
18continue
in effect, without change, and shall be enforced by the city or village until
19the regulations have been ordinance or the particular regulation, approval, or
20condition is specifically
changed by official action of the governing body of the city
21or village, except that in the event. If an ordinance of annexation is contested in the
22courts, the county zoning shall prevail ordinance and any regulations, approvals,
23and conditions imposed under the ordinance continue in effect,
and the county shall
24have
retains jurisdiction over the zoning in the area affected until ultimate
25determination
final disposition of the court action.
SB826,6
1Section 6. 60.23 (34) (title) of the statutes is amended to read:
SB826,5,32 60.23 (34) (title) Town withdrawal from county zoning; certain populous
3counties
.
SB826,7 4Section 7. 60.23 (35) of the statutes is created to read:
SB826,5,105 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:
SB826,5,1311 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.
SB826,5,1714 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.
SB826,5,2018 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).
SB826,5,2221 (b) Nothing in this subsection authorizes a town to withdraw from a county
22shoreland zoning ordinance under s. 59.692.
SB826,8 23Section 8. 60.62 (6) (a) of the statutes is amended to read:
SB826,6,324 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.
SB826,9 4Section 9. 60.62 (7) of the statutes is created to read:
SB826,6,95 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.
SB826,6,1710 (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.
SB826,10 18Section 10. 61.353 (5) of the statutes is amended to read:
SB826,6,2419 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).
SB826,11 25Section 11. 61.353 (6) of the statutes is amended to read:
SB826,7,6
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).
SB826,12 7Section 12. 62.233 (5) of the statutes is amended to read:
SB826,7,138 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).
SB826,13 14Section 13. 62.233 (6) of the statutes is amended to read:
SB826,7,2115 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).
SB826,14 22Section 14. 66.0227 (4) of the statutes is amended to read:
SB826,8,923 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.
SB826,15 10Section 15. 66.0307 (7m) of the statutes is renumbered 66.0307 (7m) (a) and
11amended to read:
SB826,8,1712 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).
SB826,8,24 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).
SB826,9,5
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.
SB826,9,7 6(c) This subsection does not affect zoning ordinances adopted under s. 59.692
7or 87.30 or ch. 91.
SB826,16 8Section 16. 236.10 (1m) (a) of the statutes is amended to read:
SB826,9,149 236.10 (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.
SB826,17 15Section 17. 236.34 (2m) (a) of the statutes is amended to read:
SB826,9,2016 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.
SB826,9,2121 (End)
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