Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB881 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 881
5	5	January 2, 2024 - Introduced by Representatives VANDERMEER, ARMSTRONG, HURD,
6	6	KRUG, O'CONNOR, SCHMIDT and EDMING, cosponsored by Senators BALLWEG,
7	7	JACQUE, JAMES, QUINN and TOMCZYK. Referred to Committee on Local
8	8	Government.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber and amend 66.0307 (7m); to amend 59.69 (3) (a), 59.69
11	11	(3) (b), 59.69 (5) (c), 59.69 (5) (e) 7., 59.69 (7), 60.23 (34) (title), 60.62 (6) (a),
12	12	61.353 (5), 61.353 (6), 62.233 (5), 62.233 (6), 66.0227 (4), 236.10 (1m) (a) and
13	13	236.34 (2m) (a); and to create 60.23 (35) and 60.62 (7) of the statutes; relating
14	14	to: town withdrawals from county zoning and the effect of a jurisdiction change
15	15	on zoning provisions.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill provides a procedure for towns to withdraw from coverage of a county
18	18	zoning ordinance and standardizes statutory language related to the continuing
19	19	effect of zoning requirements upon a change of the authority with jurisdiction over
20	20	zoning matters.
21	21	Under the bill, beginning five years after the effective date of the bill, a town
22	22	board in any county may withdraw the town from coverage of the county zoning
23	23	ordinance and county development plan. In order to effectuate the withdrawal, the
24	24	town must provide certain notices to the county clerk and must enact a town zoning
25	25	ordinance, a comprehensive plan, and an official map.
26	26	Under current law, if a town board has been granted the authority to exercise
27	27	village powers, the town board may enact zoning ordinances using the zoning
28	28	statutes that are used by cities and villages, subject to a number of conditions. If the
29	29	county in which the town is located has enacted a county zoning ordinance, town
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37	37	ASSEMBLY BILL 881
38	38	zoning ordinances may not take effect until such ordinances are approved either by
39	39	a town meeting or by a referendum vote of the electors of the town and are approved
40	40	by the county board. Also under current law, a county zoning ordinance may not take
41	41	effect in a town unless it has been approved by the town board. With an exception,
42	42	once a town board has approved a county zoning ordinance, the town may not
43	43	withdraw its approval.
44	44	Also, several provisions in current law provide for continuity in zoning
45	45	regulation when the governmental unit that has the authority to regulate zoning
46	46	changes. For example, under one such provision, when an area that had been subject
47	47	to zoning regulation by a county becomes subject to city zoning, the statutes provide
48	48	that regulations imposed under the county continue in effect until changed by the
49	49	city. The bill revises these provisions to be clearer and more consistent. In general,
50	50	these provisions now specify that the prior zoning ordinance and any regulations,
51	51	approvals, and conditions imposed under the prior zoning ordinance remain in effect
52	52	until specifically changed by the new zoning authority.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 59.69 (3) (a) of the statutes is amended to read:
56	56	59.69 (3) (a) The county zoning agency may direct the preparation of a county
57	57	development plan or parts of the plan for the physical development of the
58	58	unincorporated territory within the county and areas within incorporated
59	59	jurisdictions whose governing bodies by resolution agree to having their areas
60	60	included in the county's development plan. The plan may be adopted in whole or in
61	61	part and may be amended by the board and endorsed by the governing bodies of
62	62	incorporated jurisdictions included in the plan. The county development plan, in
63	63	whole or in part, in its original form or as amended, is hereafter referred to as the
64	64	development plan. To the extent that the A development plan applies does not apply
65	65	to unincorporated areas of a county with the population described in that have
66	66	withdrawn from county zoning under s. 60.23 (34), it applies only to those
67	67	unincorporated areas that are subject to county zoning or (35). Beginning on
68	68	January 1, 2010, or, if the county is exempt under s. 66.1001 (3m), the date under s.
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85	85	SECTION 1
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87	87	66.1001 (3m) (b), if the county engages in any program or action described in s.
88	88	66.1001 (3), the development plan shall contain at least all of the elements specified
89	89	in s. 66.1001 (2).
90	90	SECTION 2. 59.69 (3) (b) of the statutes is amended to read:
91	91	59.69 (3) (b) The development plan shall include the master plan, if any, of any
92	92	city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,
93	93	of such city or village, that was adopted under s. 62.23 (6) in the county, without
94	94	change. In counties with a population of at least 485,000 containing towns that have
95	95	withdrawn from county zoning under s. 60.23 (34) or (35), the development plan shall
96	96	also include, and integrate, the master plan and the official map of a town that was
97	97	adopted under s. 60.23 (35) (c) or 60.62 (6) (a) or (b), without change.
98	98	SECTION 3. 59.69 (5) (c) of the statutes is amended to read:
99	99	59.69 (5) (c) A county ordinance enacted under this section shall not be effective
100	100	in any town until it has been approved by the town board. If the town board approves
101	101	an ordinance enacted by the county board, under this section, a certified copy of the
102	102	approving resolution attached to one of the copies of such ordinance submitted to the
103	103	town board shall promptly be filed with the county clerk by the town. The ordinance
104	104	shall become effective in the town as of the date of the filing, which filing shall be
105	105	recorded by the county clerk in the clerk's office, reported to the town board and the
106	106	county board, and printed in the proceedings of the county board. The ordinance
107	107	shall supersede any prior town ordinance in conflict therewith or which is concerned
108	108	with zoning, except as provided by s. 60.62. A town board may withdraw from
109	109	coverage of a county zoning ordinance as provided under s. 60.23 (34) or (35).
110	110	SECTION 4. 59.69 (5) (e) 7. of the statutes is amended to read:
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136	136	SECTION 4 ASSEMBLY BILL 881
137	137	59.69 (5) (e) 7. When any lands previously under the jurisdiction of a county
138	138	zoning ordinance have been finally removed from such the county's jurisdiction by
139	139	reason of annexation to an incorporated municipality, and after the ordinance and
140	140	any regulations, approvals, and conditions imposed by under the county zoning
141	141	ordinance have ceased to be effective as provided in sub. (7), the board may, on the
142	142	recommendation of its zoning agency, enact amendatory ordinances that remove or
143	143	delete the annexed lands from the official zoning map or written descriptions without
144	144	following any of the procedures provided in subds. 1. to 6., and such the amendatory
145	145	ordinances shall become effective upon enactment and publication. A copy of the
146	146	ordinance shall be forwarded by the clerk to the clerk of each town in which the lands
147	147	affected were previously located. Nothing in this paragraph shall be construed to
148	148	nullify or supersede s. 66.1031.
149	149	SECTION 5. 59.69 (7) of the statutes is amended to read:
150	150	59.69 (7) CONTINUED EFFECT OF ORDINANCE. Whenever If an area which that has
151	151	been subject to a county zoning ordinance petitions to become part of a city or village,
152	152	the regulations imposed by the county zoning ordinance shall continue and any
153	153	regulations, approvals, and conditions imposed under the county zoning ordinance
154	154	continue in effect, without change, and shall be enforced by the city or village until
155	155	the regulations have been ordinance or the particular regulation, approval, or
156	156	condition is specifically changed by official action of the governing body of the city
157	157	or village, except that in the event. If an ordinance of annexation is contested in the
158	158	courts, the county zoning shall prevail ordinance and any regulations, approvals,
159	159	and conditions imposed under the ordinance continue in effect, and the county shall
160	160	have retains jurisdiction over the zoning in the area affected until ultimate
161	161	determination final disposition of the court action.
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189	189	SECTION 6
190	190	ASSEMBLY BILL 881
191	191	SECTION 6. 60.23 (34) (title) of the statutes is amended to read:
192	192	60.23 (34) (title) TOWN WITHDRAWAL FROM COUNTY ZONING; CERTAIN POPULOUS
193	193	COUNTIES.
194	194	SECTION 7. 60.23 (35) of the statutes is created to read:
195	195	60.23 (35) TOWN WITHDRAWAL FROM COUNTY ZONING. (a) Subject to subds. 1. and
196	196	2., after 5 years after the effective date of this paragraph .... [LRB inserts date], enact
197	197	an ordinance withdrawing the town from coverage of a county zoning ordinance that
198	198	was approved under s. 59.69 (5) (c) and from coverage by a county development plan
199	199	that was enacted under s. 59.69 (3) (a). An ordinance enacted under this paragraph
200	200	may not take effect until all of the following occur:
201	201	1. Not later than 2 years before enacting an ordinance under this paragraph,
202	202	the town adopts a resolution of the town's intent to enact an ordinance under this
203	203	paragraph and provides a copy of the resolution to the county clerk.
204	204	2. Not earlier than 2 years and not later than 3 years after adopting the
205	205	resolution under subd. 1., the town adopts a resolution informing the county of the
206	206	town's withdrawal from coverage of the county's zoning ordinances, and the town
207	207	sends certified copies of the documents under subd. 3. to the county clerk.
208	208	3. Not later than the effective date of the resolution adopted under subd. 2., the
209	209	town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s.
210	210	66.1001, and an official map under s. 62.23 (6).
211	211	(b) Nothing in this subsection authorizes a town to withdraw from a county
212	212	shoreland zoning ordinance under s. 59.692.
213	213	SECTION 8. 60.62 (6) (a) of the statutes is amended to read:
214	214	60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw
215	215	from county zoning and the county development plan under s. 60.23 (34) may enact
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242	242	SECTION 8 ASSEMBLY BILL 881
243	243	an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance
244	244	under this section, an official map under s. 62.23 (6), and a comprehensive plan under
245	245	s. 66.1001.
246	246	SECTION 9. 60.62 (7) of the statutes is created to read:
247	247	60.62 (7) (a) If a town withdraws from coverage of a county zoning ordinance
248	248	under s. 60.23 (35), the ordinance and any regulations, approvals, and conditions
249	249	imposed under the ordinance continue in effect until the ordinance or the particular
250	250	regulation, approval, or condition is specifically changed by official action of the
251	251	town.
252	252	(b) If a town that has been subject to a town zoning ordinance adopts a
253	253	resolution under s. 59.69 (5) (c) approving the application of a county zoning
254	254	ordinance within any part of the town, the town zoning ordinance and any
255	255	regulations, approvals, and conditions imposed under the town zoning ordinance,
256	256	that are applicable to the area within the town for which the application of the county
257	257	zoning ordinance is approved, continue in effect until the town zoning ordinance or
258	258	the particular regulation, approval, or condition is specifically changed by official
259	259	action of the county.
260	260	SECTION 10. 61.353 (5) of the statutes is amended to read:
261	261	61.353 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
262	262	and any regulations, approvals, and conditions imposed under the ordinance that
263	263	were applicable, prior to annexation, to any shoreland annexed by a village after May
264	264	7, 1982, shall continue in effect and shall be enforced after annexation by the
265	265	annexing village until the effective date of an ordinance enacted by the village under
266	266	sub. (2).
267	267	SECTION 11. 61.353 (6) of the statutes is amended to read:
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295	295	SECTION 11
296	296	ASSEMBLY BILL 881
297	297	61.353 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
298	298	and any regulations, approvals and conditions imposed under the ordinance that
299	299	were applicable prior to incorporation to any shoreland that is part of a town that
300	300	incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
301	301	shall continue in effect and shall be enforced after incorporation by the incorporated
302	302	village until the effective date of an ordinance enacted by the village under sub. (2).
303	303	SECTION 12. 62.233 (5) of the statutes is amended to read:
304	304	62.233 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
305	305	and any regulations, approvals, and conditions imposed under the ordinance that
306	306	were applicable, prior to annexation, to any shoreland annexed by a city after May
307	307	7, 1982, shall continue in effect and shall be enforced after annexation by the
308	308	annexing city until the effective date of an ordinance enacted by the city under sub.
309	309	(2).
310	310	SECTION 13. 62.233 (6) of the statutes is amended to read:
311	311	62.233 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
312	312	and any regulations, approvals, and conditions imposed under the ordinance that
313	313	were applicable prior to incorporation to any shoreland that is part of a town that
314	314	incorporates as a city under s. 66.0203, 66.0211, 66.0213, or 66.0215 after April 30,
315	315	1994, shall continue in effect and shall be enforced after incorporation by the
316	316	incorporated city until the effective date of an ordinance enacted by the city under
317	317	sub. (2).
318	318	SECTION 14. 66.0227 (4) of the statutes is amended to read:
319	319	66.0227 (4) If an area which that has been subject to a city or village zoning
320	320	ordinance is detached from one municipality and attached to another under this
321	321	section, the regulations imposed by the zoning ordinance and any regulations,
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348	348	SECTION 14 ASSEMBLY BILL 881
349	349	approvals, and conditions imposed under the ordinance continue in effect and shall
350	350	be enforced by the attaching city, village or town until the ordinance or the particular
351	351	regulation, approval, or condition is specifically changed by official action of the
352	352	governing body of the municipality, except that if. If the detachment or attachment
353	353	is contested in the courts, the zoning ordinance and any regulations, approvals, and
354	354	conditions imposed under the ordinance of the detaching municipality prevails
355	355	continue in effect, and the detaching city or village has retains jurisdiction over the
356	356	zoning in the area affected until ultimate determination final disposition of the court
357	357	action.
358	358	SECTION 15. 66.0307 (7m) of the statutes is renumbered 66.0307 (7m) (a) and
359	359	amended to read:
360	360	66.0307 (7m) (a) If a town is a party to a cooperative plan with a city or village,
361	361	the town and city or village may agree, as part of the cooperative plan, to authorize
362	362	the town, city, or village to adopt enact a zoning ordinance under s. 60.61, 61.35, or
363	363	62.23 for all or a portion of the town territory covered by the plan. The exercise of
364	364	zoning authority by a town under this subsection paragraph is not subject to s. 60.61
365	365	(3) or 60.62 (3).
366	366	(b) 1. If a county zoning ordinance applies to the town territory covered by the
367	367	a cooperative plan subject to an agreement under par. (a), that ordinance and
368	368	amendments to it any regulations, approvals, and conditions imposed under the
369	369	ordinance continue in effect until a zoning the ordinance is adopted under this
370	370	subsection. or the particular regulation, approval, or condition is specifically
371	371	changed by official action of the town, city, or village with authority to enact a zoning
372	372	ordinance under the agreement under par. (a).
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399	399	SECTION 15
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401	401	2. If a zoning ordinance is adopted enacted under this subsection par. (a), that
402	402	zoning ordinance continues and any regulations, approvals, and conditions imposed
403	403	under the ordinance continue in effect after the planning period ceases until a
404	404	different zoning ordinance for the territory is adopted the ordinance or the particular
405	405	regulation, approval, or condition is specifically changed under other applicable law.
406	406	(c) This subsection does not affect zoning ordinances adopted under s. 59.692
407	407	or 87.30 or ch. 91.
408	408	SECTION 16. 236.10 (1m) (a) of the statutes is amended to read:
409	409	236.10 (1m) (a) Except as provided in par. (b), a county planning agency under
410	410	sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final
411	411	plat of a subdivision that is located in a town that has, before the preliminary plat
412	412	is submitted for approval, or before the final plat is submitted for approval if no
413	413	preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35)
414	414	withdrawing the town from county zoning and the county development plan.
415	415	SECTION 17. 236.34 (2m) (a) of the statutes is amended to read:
416	416	236.34 (2m) (a) Except as provided in par. (b), a county planning agency under
417	417	s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve or object to a certified survey
418	418	map that divides land that is located in a town that has, before the certified survey
419	419	map is submitted for approval, enacted an ordinance under s. 60.23 (34) or (35)
420	420	withdrawing the town from county zoning and the county development plan.
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