Wisconsin Assembly Bill AB881

Wisconsin 2023-2024 Regular Session

• Introduced: 1/2/24
• Refer: 1/2/24
• Report Pass: 2/7/24
• Refer: 2/7/24
• Failed: 4/15/24

Caption

Town withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions.

Impact

The enactment of AB881 is expected to significantly alter the landscape of zoning regulations in Wisconsin. By empowering towns to create their own zoning ordinances, the bill aims to promote local governance and make zoning laws more responsive to community needs. Existing provisions regarding the continuity of zoning regulations will be clarified, ensuring that previous zoning carried out under county authority will remain effective until explicitly changed by the town. This could enhance local control over land use and development in previously county-governed areas. However, it may also lead to a patchwork of regulations across different towns, potentially complicating compliance for businesses operating in multiple jurisdictions.

Summary

Assembly Bill 881 introduces a new framework allowing towns within Wisconsin to withdraw from county zoning ordinances. Under the proposed law, towns will be able to enact their own zoning ordinances and development plans, thereby shifting regulatory authority from county to local governments. This move is intended to provide towns with greater autonomy in land use planning and decision-making that better reflects the needs and priorities of local constituents. The bill outlines specific procedures towns must follow to formally initiate this withdrawal, including public notices and required resolutions.

Contention

AB881 has garnered mixed responses from stakeholders. Proponents argue that the bill represents a necessary shift towards empowering local governments, allowing them to tailor regulations that are specific to their communities. Critics, however, express concerns that this decentralization may lead to inconsistent zoning regulations that could complicate development and planning efforts, particularly for businesses that operate across multiple towns. There are fears that it may create new hurdles for intergovernmental cooperation and local planning, as disparities in zoning could impact shared regional resources and development strategies. The balance between local control and uniformity in zoning law remains a key point of contention in the discussions surrounding this legislation.