SUBCHAPTER VII
LAND USE, INFORMATION AND REGULATION, ENVIRONMENTAL PROTECTION, SURVEYS, PLANNING AND ZONING
59.69 Planning and zoning authority.
59.692 Zoning of shorelands on navigable waters.
59.693 Construction site erosion control and storm water management zoning.
59.694 County zoning, adjustment board.
59.696 Zoning; filing fees.
59.697 Fees for zoning appeals.
59.698 Zoning, building inspector.
59.70 Environmental protection and land use.
59.71 Special counties; record keeping.
59.73 Surveys; expressing bearings, subdividing sections.
59.74 Perpetuation of section corners, landmarks.
59.75 Certificates and records as evidence.
59.76 Registration of farms.
59.78 Special counties; classification of claims.
SUBCHAPTER VIII
POPULOUS COUNTIES
59.80 Milwaukee county; city-county crime commission.
59.81 Cash flow, Milwaukee.
59.82 Milwaukee county research and technology park.
59.84 Expressways and mass transit facilities in populous counties.
Ch. 59 Note
NOTE: 1995 Wis. Act 201 renumbered all sections of Chapter 59. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5 of the printed statutes.
DEFINITIONS
59.001
59.001
Definitions. In this chapter, unless the context clearly indicates to the contrary:
59.001(1)
(1) "Board" means the county board of supervisors.
59.001(2)
(2) "Clerk" means the county clerk.
59.001(2m)
(2m) "Members-elect" means those members of the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office.
59.001(2r)
(2r) "Municipal clerk" means the clerk of a municipality.
59.001(3)
(3) "Municipality" means any city, village or town.
59.001(3m)
(3m) "Municipal treasurer" means the treasurer of a municipality.
59.001(4)
(4) "Treasurer" means the county treasurer.
59.001 History
History: 1989 a. 260,
268;
1995 a. 201.
LEGAL STATUS; ORGANIZATION
59.01
59.01
Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under
ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in
s. 23.09 (2) (d), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.
59.01 History
History: 1987 a. 378;
1995 a. 201.
59.01 Cross-reference
Cross-reference: See ss.
75.35 and
75.69 for restrictions on the sale of tax deeded land.
59.01 Annotation
Civil rights actions against municipalities discussed. Starstead v. City of Superior, 533 F Supp. 1365 (1982).
59.02
59.02
Powers, how exercised; quorum. 59.02(1)
(1) The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board.
59.02(2)
(2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: "The county board of supervisors of the county of .... does ordain as follows".
59.02(3)
(3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided.
59.02 History
History: 1977 c. 447;
1995 a. 201.
59.02 Annotation
County board's failure to use prescribed language of (2) did not invalidate ordinance. Cross v. Soderbeck, 94 W (2d) 331, 288 NW (2d) 779 (1980).
59.02 Annotation
Supervisor required to abstain is not "present" for calculating number of votes required for passage. Ballenger v. Door County, 131 W (2d) 422, 388 NW (2d) 624 (Ct. App. 1986).
59.03(1)(1)
Administrative home rule. Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county.
59.03(2)
(2) Consolidation of municipal services, home rule, metropolitan district. 59.03(2)(a)(a) Except as elsewhere specifically provided in these statutes, the board of any county is vested with all powers of a local, legislative and administrative character, including without limitation because of enumeration, the subject matter of water, sewers, streets and highways, fire, police, and health, and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred may be exercised by the board in any municipality, or part thereof located in the county upon the request of any such municipality, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular function, duty or act, and the terms, if any, upon which the powers shall be exercised by the board or by a similar resolution adopted by direct legislation in the municipality in the manner provided in
s. 9.20. The resolution shall further provide whether the authority or function is to be exercised exclusively by the county or jointly by the county and the municipality, and shall also find that the exercise of such power by the county would be in the public interest. Upon the receipt of the resolution, the board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of the function, upon the terms and conditions set forth in the resolution presented by the municipality.
59.03(2)(b)
(b) The board of any county may, by a resolution adopted by a majority of its membership, propose to any of the municipalities located in the county that it offers to exercise such powers and functions therein in order to consolidate municipal services and functions in the county. Such resolution shall designate the particular function, duty or act and the terms and conditions, if any, upon which the board will perform the function, duty or act. The powers conferred in
par. (a) and designated in such resolution may thereafter be exercised by the board in each municipality which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body or by direct legislation in the manner provided in
s. 9.20.
59.03(2)(c)
(c) Whenever the request under
par. (a) or acceptance under
par. (b) of a municipality shall be by resolution of its governing board, such request or acceptance shall not go into effect until the expiration of 60 days from the adoption of the resolution. If a petition under
s. 9.20 for direct legislation on the request or acceptance shall be filed before the expiration of said 60 days, the resolution of the governing board shall be of no effect but the request or acceptance of such municipality shall be determined by direct legislation.
59.03(2)(d)
(d) After and upon the adoption of resolutions by the board and subject to
par. (c) by one or more municipalities either as provided in
par. (a) or
(b) the board shall have full power to legislate upon and administer the entire subject matter committed to it, and among other things, to determine, where not otherwise provided by law, the manner of exercising the power thus assumed.
59.03(2)(e)
(e) The municipality concerned may enter into necessary contracts with the county, and appropriate money to pay to the county the reasonable expenses incurred by it in rendering the services assumed. Such expenses may be certified, returned and paid as are other county charges, and in the case of services performed under a proposal for the consolidation thereof initiated by the board and made available to each municipality in the county on the same terms, the expenses thereof shall be certified, returned and paid as county charges; but in the event that every municipality in the county accepts the proposal of the board, the expenses thereof shall be paid by county taxes to be levied and collected as are other taxes for county purposes. The municipalities are vested with all necessary power to do the things herein required, and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure provided in this subsection for the request or acceptance of the exercise of the powers conferred on the board in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages under
article XI, section 3, of the constitution.
59.03(2)(f)
(f) The powers conferred by this subsection shall be in addition to all other grants of power and shall be limited only by express language.
59.03 History
History: 1995 a. 201 ss.
97,
99,
243.
59.03 Annotation
In a county which does not have a county executive or administrator, the personnel committee of a county board does not possess the statutory authority to remove the county social services director. The county board may not, under s. 59.025, [now s. 59.03 (1)] transfer the authority to appoint.
81 Atty. Gen. 145.
59.04
59.04
Construction of powers. To give counties the largest measure of self-government under the administrative home rule authority granted to counties in
s. 59.03 (1), this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise any organizational or administrative power.
59.04 History
History: 1985 a. 29;
1995 a. 201 s.
98; Stats. 1995 s. 59.04.
59.05
59.05
County seat; change. 59.05(1)(1) The county seat shall be fixed and designated by the board at the first regular meeting after the organization of any county; and no county seat shall be changed except as provided in this section.
59.05(2)
(2) If two-fifths of the legal voters of any county, to be determined by the registration or poll lists of the last previous general election held in the county, the names of which voters shall appear on some one of the registration or poll lists of such election, present to the board a petition conforming to the requirements of
s. 8.40 asking a change of the county seat to some other place designated in the petition, the board shall submit the question of removal of the county seat to a vote of the qualified voters of the county. The election shall be held only on the day of the general election, notice of the election shall be given and the election shall be conducted as in the case of the election of officers on that day, and the votes shall be canvassed, certified and returned in the same manner as other votes at that election. The question to be submitted shall be "Shall the county seat of .... county be removed to ....".
59.05(3)
(3) If a majority of the votes cast at the election are in favor of the proposed change, the chairperson of the board shall certify the same, with the attestation of the county clerk, to the governor, who shall issue a proclamation to that effect and publish it in the official state paper. From the date of publication the place designated shall be the county seat. The board may not again submit the question of removal within 5 years.
59.05(4)
(4) Notwithstanding
subs. (2) and
(3), no election to change a county seat may be held for a period of 5 years after the year in which a courthouse or other county building costing $3,000 or more was built at the county seat and occupied for county purposes.
59.05 History
History: 1977 c. 427;
1983 a. 192,
484;
1989 a. 192;
1995 a. 201 s.
247; Stats. 1995 s. 59.05.
59.05 Annotation
See note to s. 5.01, citing McNally v. Tollander, 100 W (2d) 490, 302 NW (2d) 440 (1981).
59.06
59.06
County property. 59.06(1)(1)
How held. County property shall be held by the clerk in the name of the county. All property, real or personal, conveyed to the county or to its inhabitants or to any person for the use of the county or its inhabitants is county property. Such conveyances have the same effect as if made directly to the county by name.
59.06(2)
(2) Effect of transfer. All deeds, contracts and agreements made on behalf of the county under the directions of the board under
s. 59.52 (6), when signed and acknowledged by the clerk and the county seal is attached, are valid and binding on the county to the extent of the terms of the instrument and the right, title and interest which the county has in the property.
59.06 History
History: 1995 a. 201 s.
402; Stats. 1995 s. 59.06.
59.06 Cross-reference
Cross-reference: See ss.
75.35 and
75.69 for restrictions on the sale of tax deeded land.
59.07
59.07
Claims against counties; actions on. 59.07(1)
(1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with
s. 893.80. This subsection does not apply to actions commenced under
s. 19.37 or
19.97.
59.07(2)
(2) No action may be brought or maintained against a county, for disclosure of information that is received under
s. 342.20 (3) and maintained under
s. 342.20 (4) or that is received under
s. 30.572 (4) and maintained under
s. 30.572 (5).
59.07 Note
NOTE: This section is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
59.07 History
History: 1977 c. 285;
1979 c. 323 s.
33;
1981 c. 20;
1991 a. 39;
1995 a. 158;
1995 a. 201 s.
426; Stats. 1995 s. 59.07; s. 13.93 (2) (c).
59.08
59.08
Consolidation of counties; procedure; referendum. 59.08(1)(1) Any 2 or more adjoining counties may consolidate into a single county by complying with the requirements and procedure herein specified.
59.08(2)
(2) The boards 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:
59.08(2)(a)
(a) The names of the several counties which they propose to be consolidated.
59.08(2)(b)
(b) The name under which it is proposed to consolidate the counties, which name shall be such as to distinguish it from the name of any other county in Wisconsin, other than the consolidating counties.
59.08(2)(c)
(c) The property, real and personal, belonging to each county, and the current fair market value thereof.
59.08(2)(d)
(d) The indebtedness, bonded and otherwise, of each county.
59.08(2)(e)
(e) The proposed name and location of the county seat of the consolidated county.
