Wisconsin Legislative Council
ACT MEMO
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Prepared by: Patrick Ward, Staff Attorney April 16, 2024
2023 Wisconsin Act 264
[2023 Senate Bill 826]
Town Withdrawals From County
Zoning
2023 WISCONSIN ACT 264
2023 Wisconsin Act 264 creates a new procedure by which a town may withdraw from county zoning
and standardizes statutory language related to the continuing effect of zoning regulations when the
governmental unit with zoning authority changes.
Town Withdrawal 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 act creates an alternative procedure for withdrawing from county zoning that begins 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, the town board must adopt a second resolution that informs the county of the town’s
withdrawal from county zoning. Before adopting that second resolution, the act 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 act
takes effect.
The act specifies that that procedure does not authorize a town to withdraw from county shoreland
zoning, county floodplain zoning, and the portions of a county zoning ordinance or development plan
that regulate quarry operations.
The act also repeals a Dane County-specific provision of current law, which specifies that a town may
not prohibit structures and uses that were lawful under county zoning from continuing when
withdrawing from Dane County zoning.
Continuity of Zoning Regulations
Certain provisions in current law provide for continuity of zoning regulations when the governmental
unit with zoning authority changes, such as when town territory subject to county zoning becomes
subject to city zoning after being annexed into the city. Generally, zoning regulations in place prior to a
change in zoning authority remain in effect until specifically changed by the new zoning authority.
The act standardizes statutory language regarding the continuity of existing zoning regulations,
including for the procedure for town withdrawal created by the act, and standardizes the language used
to describe zoning regulations to include the zoning ordinance and any regulations, approvals, and
conditions imposed under the ordinance.
The act also clarifies that the act does not expand or modify underlying zoning authority or authorize
changes to existing regulations, approvals, or conditions, or authorize changes to nonconforming uses.
Effective date: March 31, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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