AB881,,112023 ASSEMBLY BILL 881
January 2, 2024 - Introduced by Representatives VanderMeer, Armstrong, Hurd, Krug, O’Connor, Schmidt and Edming, cosponsored by Senators Ballweg, Jacque, James, Quinn and Tomczyk. Referred to Committee on Local Government.
AB881,,22An Act to renumber and amend 66.0307 (7m); to amend 59.69 (3) (a), 59.69 (3) (b), 59.69 (5) (c), 59.69 (5) (e) 7., 59.69 (7), 60.23 (34) (title), 60.62 (6) (a), 61.353 (5), 61.353 (6), 62.233 (5), 62.233 (6), 66.0227 (4), 236.10 (1m) (a) and 236.34 (2m) (a); and to create 60.23 (35) and 60.62 (7) of the statutes; relating to: town withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions.
AB881,,33Analysis 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.
AB881,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB881,15Section 1. 59.69 (3) (a) of the statutes is amended to read:
AB881,,6659.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county’s development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. To the extent that the A development plan applies does not apply to unincorporated areas of a county with the population described in that have withdrawn from county zoning under s. 60.23 (34), it applies only to those unincorporated areas that are subject to county zoning or (35). Beginning on January 1, 2010, or, if the county is exempt under s. 66.1001 (3m), the date under s. 66.1001 (3m) (b), if the county engages in any program or action described in s. 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 (2).
AB881,27Section 2. 59.69 (3) (b) of the statutes is amended to read:
AB881,,8859.69 (3) (b) The development plan shall include the master plan, if any, of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any, of such city or village, that was adopted under s. 62.23 (6) in the county, without change. In counties with a population of at least 485,000 containing towns that have withdrawn from county zoning under s. 60.23 (34) or (35), the development plan shall also include, and integrate, the master plan and the official map of a town that was adopted under s. 60.23 (35) (c) or 60.62 (6) (a) or (b), without change.
AB881,39Section 3. 59.69 (5) (c) of the statutes is amended to read:
AB881,,101059.69 (5) (c) A county ordinance enacted under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town. The ordinance shall become effective in the town as of the date of the filing, which filing shall be recorded by the county clerk in the clerk’s office, reported to the town board and the county board, and printed in the proceedings of the county board. The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62. A town board may withdraw from coverage of a county zoning ordinance as provided under s. 60.23 (34) or (35).
AB881,411Section 4. 59.69 (5) (e) 7. of the statutes is amended to read:
AB881,,121259.69 (5) (e) 7. When any lands previously under the jurisdiction of a county zoning ordinance have been finally removed from such the county’s jurisdiction by reason of annexation to an incorporated municipality, and after the ordinance and any regulations, approvals, and conditions imposed by under the county zoning ordinance have ceased to be effective as provided in sub. (7), the board may, on the recommendation of its zoning agency, enact amendatory ordinances that remove or delete the annexed lands from the official zoning map or written descriptions without following any of the procedures provided in subds. 1. to 6., and such the amendatory ordinances shall become effective upon enactment and publication. A copy of the ordinance shall be forwarded by the clerk to the clerk of each town in which the lands affected were previously located. Nothing in this paragraph shall be construed to nullify or supersede s. 66.1031.
AB881,513Section 5. 59.69 (7) of the statutes is amended to read: