Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: January 30, 2024 Contact: Anna Henning, Principal Attorney
2023 Assembly Bill 881
Assembly
Amendment 1
2023 ASSEMBLY BILL 881
2023 Assembly Bill 881 creates a new procedure by which a town may withdraw from county zoning.
Under current law, a town that has previously opted in to county zoning generally may withdraw from
county zoning only when a county reenacts a comprehensive revision to the county zoning ordinance.
The bill creates an alternative procedure for withdrawing from county zoning, beginning with a town
board’s adoption of a resolution of the town’s intent to begin the process, then, between two and three
years later, adoption of a second resolution informing the county of the town’s withdrawal from county
zoning. Before adopting that second resolution, the bill requires a town to have enacted a town zoning
ordinance, comprehensive plan, and zoning map. A town may then enact an ordinance to withdraw
from county zoning. Such ordinances may first take effect five years after the bill takes effect.
The bill specifies that that procedure does not authorize a town to withdraw from county shoreland
zoning. The bill also specifies that, if zoning is changed from town zoning to county zoning, or vice
versa, any regulations, approvals, and conditions continue in effect until they are affected by an official
action of the relevant town or county.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 makes the following three changes to the bill:
Specifies that the bill does not authorize towns to withdraw from county floodplain zoning.
Clarifies that the bill does not expand or modify underlying zoning authority or authorize changes to
existing regulations, approvals, or conditions, or authorize changes to nonconforming uses.
Repeals a Dane County-specific provision of current law, which specifies that towns may not
prohibit structures and uses that were lawful under county zoning from continuing when
withdrawing from Dane County zoning.
BILL HISTORY
Representative VanderMeer offered Assembly Amendment 1 on January 23, 2024. On January 24,
2024, the Assembly Committee on Local Government voted to recommend adoption of the amendment
and passage of the bill, as amended, on votes of Ayes, 12; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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