Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB826 Compare Versions

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Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Senate Bill 826 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to repeal 60.23 (34) (c) 4.; to renumber and amend 66.0307 (7m); to amend 59.69 (3) (b), 59.69 (5) (c),
5		-	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
6		-	(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
7		-	withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions.
8		-	The people of the state of Wisconsin, represented in
9		-	senate and assembly, do enact as follows:
10		-	SECTION 2. 59.69 (3) (b) of the statutes is amended
11		-	to read:
12		-	59.69 (3) (b) The development plan shall include the
13		-	master plan, if any, of any city or village, that was
14		-	adopted under s. 62.23 (2) or (3) and the official map, if
15		-	any, of such city or village, that was adopted under s.
16		-	62.23 (6) in the county, without change. In counties with
17		-	a population of at least 485,000 containing towns that
18		-	have withdrawn from county zoning under s. 60.23 (34)
19		-	or (35), the development plan shall also include, and
20		-	integrate, the master plan and the official map of a town
21		-	that was adopted under s. 60.23 (35) (a) 3. or 60.62 (6)
22		-	(a) or (b), without change.
23		-	SECTION 3. 59.69 (5) (c) of the statutes is amended
24		-	to read:
25		-	59.69 (5) (c) A county ordinance enacted under this
26		-	section shall not be effective in any town until it has been
27		-	approved by the town board. If the town board approves
28		-	an ordinance enacted by the county board, under this
29		-	section, a certified copy of the approving resolution
30		-	attached to one of the copies of such ordinance submit-
31		-	ted to the town board shall promptly be filed with the
32		-	county clerk by the town. The ordinance shall become
33		-	effective in the town as of the date of the filing, which
34		-	filing shall be recorded by the county clerk in the clerk’s
35		-	office, reported to the town board and the county board,
36		-	and printed in the proceedings of the county board. The
37		-	ordinance shall supersede any prior town ordinance in
38		-	conflict therewith or which is concerned with zoning,
39		-	except as provided by s. 60.62. A town board may with-
40		-	draw from coverage of a county zoning ordinance as
41		-	provided under s. 60.23 (34) or (35).
42		-	SECTION 4. 59.69 (5) (e) 7. of the statutes is amended
43		-	to read:
44		-	59.69 (5) (e) 7. When any lands previously under the
45		-	jurisdiction of a county zoning ordinance have been
46		-	finally removed from such the county’s jurisdiction by
47		-	reason of annexation to an incorporated municipality,
48		-	and after the ordinance and any regulations, approvals,
49		-	and conditions imposed by under the county zoning
50		-	ordinance have ceased to be effective as provided in sub.
51		-	(7), the board may, on the recommendation of its zoning
52		-	agency, enact amendatory ordinances that remove or
53		-	delete the annexed lands from the official zoning map or
54		-	written descriptions without following any of the proce-
55		-	dures provided in subds. 1. to 6., and such the amenda-
56		-	tory ordinances shall become effective upon enactment
57		-	and publication. A copy of the ordinance shall be for-
58		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 826
60		-	warded by the clerk to the clerk of each town in which
61		-	the lands affected were previously located. Nothing in
62		-	this paragraph shall be construed to nullify or supersede
63		-	s. 66.1031.
64		-	SECTION 5. 59.69 (7) of the statutes is amended to
65		-	read:
66		-	59.69 (7) CONTINUED EFFECT OF ORDINANCE. When-
67		-	ever If an area which that has been subject to a county
68		-	zoning ordinance petitions to become part of a city or
69		-	village, the regulations imposed by the county zoning
70		-	ordinance shall continue and any regulations, approv-
71		-	als, and conditions imposed under the county zoning
72		-	ordinance continue in effect, without change, and shall
73		-	be enforced by the city or village until the regulations
74		-	have been ordinance or the particular regulation,
75		-	approval, or condition is specifically changed by offi-
76		-	cial action of the governing body of the city or village,
77		-	except that in the event. If an ordinance of annexation
78		-	is contested in the courts, the county zoning shall prevail
79		-	ordinance and any regulations, approvals, and condi-
80		-	tions imposed under the ordinance continue in effect,
81		-	and the county shall have retains jurisdiction over the
82		-	zoning in the area affected until ultimate determination
83		-	final disposition of the court action. This subsection
84		-	does not expand or modify the authority of a city or vil-
85		-	lage to change a zoning ordinance, any regulation,
86		-	approval, or condition imposed under a zoning ordi-
87		-	nance, or any nonconforming use.
88		-	SECTION 6. 60.23 (34) (title) of the statutes is
89		-	amended to read:
90		-	60.23 (34) (title) TOWN WITHDRAWAL FROM COUNTY
91		-	ZONING; CERTAIN POPULOUS COUNTIES.
92		-	SECTION 6m. 60.23 (34) (c) 4. of the statutes is
93		-	repealed.
94		-	SECTION 7. 60.23 (35) of the statutes is created to
95		-	read:
96		-	60.23 (35) TOWN WITHDRAWAL FROM COUNTY ZON-
97		-	ING. (a) Subject to subds. 1. and 2., after 5 years after
98		-	the effective date of this paragraph .... [LRB inserts
99		-	date], enact an ordinance withdrawing the town from
100		-	coverage of a county zoning ordinance that was
101		-	approved under s. 59.69 (5) (c) and from coverage by a
102		-	county development plan that was enacted under s.
103		-	59.69 (3) (a). An ordinance enacted under this para-
104		-	graph may not take effect until all of the following
105		-	occur:
106		-	1. Not later than 2 years before enacting an ordi-
107		-	nance under this paragraph, the town adopts a resolution
108		-	of the town’s intent to enact an ordinance under this
109		-	paragraph and provides a copy of the resolution to the
110		-	county clerk.
111		-	2. Not earlier than 2 years and not later than 3 years
112		-	after adopting the resolution under subd. 1., the town
113		-	adopts a resolution informing the county of the town’s
114		-	withdrawal from coverage of the county’s zoning ordi-
115		-	nances, and the town sends certified copies of the docu-
116		-	ments under subd. 3. to the county clerk.
117		-	3. Not later than the effective date of the resolution
118		-	adopted under subd. 2., the town enacts a zoning ordi-
119		-	nance under s. 60.62, a comprehensive plan under s.
120		-	66.1001, and an official map under s. 62.23 (6).
121		-	(am) The authority of a town board to withdraw a
122		-	town from coverage of a county zoning ordinance and
123		-	from coverage by a county development plan under this
124		-	subsection does not apply to those portions of the county
125		-	zoning ordinance or county development plan that regu-
126		-	late quarry operations as defined in s. 66.0441 (2) (h).
127		-	(b) Nothing in this subsection authorizes a town to
128		-	withdraw from a county shoreland zoning ordinance
129		-	under s. 59.692 or a county floodplain zoning ordinance
130		-	under s. 87.30.
131		-	SECTION 8. 60.62 (6) (a) of the statutes is amended
132		-	to read:
133		-	60.62 (6) (a) Not later than 60 days before a town
134		-	board that wishes to withdraw from county zoning and
135		-	the county development plan under s. 60.23 (34) may
136		-	enact an ordinance under s. 60.23 (34), the town board
137		-	shall enact a zoning ordinance under this section, an
138		-	official map under s. 62.23 (6), and a comprehensive
139		-	plan under s. 66.1001.
140		-	SECTION 9. 60.62 (7) of the statutes is created to
141		-	read:
142		-	60.62 (7) (a) If a town withdraws from coverage of
143		-	a county zoning ordinance under s. 60.23 (34) or (35),
144		-	the ordinance and any regulations, approvals, and con-
145		-	ditions imposed under the ordinance continue in effect
146		-	until the ordinance or the particular regulation,
147		-	approval, or condition is specifically changed by offi-
148		-	cial action of the town. This paragraph does not expand
149		-	or modify the authority of a town to change a zoning
150		-	ordinance, any regulation, approval, or condition
151		-	imposed under a zoning ordinance, or any nonconform-
152		-	ing use.
153		-	(b) If a town that has been subject to a town zoning
154		-	ordinance adopts a resolution under s. 59.69 (5) (c)
155		-	approving the application of a county zoning ordinance
156		-	within any part of the town, the town zoning ordinance
157		-	and any regulations, approvals, and conditions imposed
158		-	under the town zoning ordinance, that are applicable to
159		-	the area within the town for which the application of the
160		-	county zoning ordinance is approved, continue in effect
161		-	until the town zoning ordinance or the particular regula-
162		-	tion, approval, or condition is specifically changed by
163		-	official action of the county. This paragraph does not
164		-	expand or modify the authority of a town to change a
165		-	zoning ordinance, any regulation, approval, or condi-
166		-	tion imposed under a zoning ordinance, or any noncon-
167		-	forming use.
168		-	SECTION 10. 61.353 (5) of the statutes is amended
169		-	to read: − 3 − 2023 Wisconsin Act 2023 Senate Bill 826
170		-	61.353 (5) Provisions of a county shoreland zoning
171		-	ordinance under s. 59.692 and any regulations, approv-
172		-	als, and conditions imposed under the ordinance that
173		-	were applicable, prior to annexation, to any shoreland
174		-	annexed by a village after May 7, 1982, shall continue
175		-	in effect and shall be enforced after annexation by the
176		-	annexing village until the effective date of an ordinance
177		-	enacted by the village under sub. (2).
178		-	SECTION 11. 61.353 (6) of the statutes is amended to
179		-	read:
180		-	61.353 (6) Provisions of a county shoreland zoning
181		-	ordinance under s. 59.692 and any regulations, approv-
182		-	als and conditions imposed under the ordinance that
183		-	were applicable prior to incorporation to any shoreland
184		-	that is part of a town that incorporates as a village under
185		-	s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
186		-	shall continue in effect and shall be enforced after incor-
187		-	poration by the incorporated village until the effective
188		-	date of an ordinance enacted by the village under sub.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 826
	5	+	December 19, 2023 - Introduced by Senators BALLWEG, JACQUE, JAMES, QUINN and
	6	+	TOMCZYK, cosponsored by Representatives VANDERMEER, ARMSTRONG, HURD,
	7	+	KRUG, O'CONNOR and SCHMIDT. Referred to Committee on Transportation and
	8	+	Local Government.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to renumber and amend 66.0307 (7m); to amend 59.69 (3) (a), 59.69
	11	+	(3) (b), 59.69 (5) (c), 59.69 (5) (e) 7., 59.69 (7), 60.23 (34) (title), 60.62 (6) (a),
	12	+	61.353 (5), 61.353 (6), 62.233 (5), 62.233 (6), 66.0227 (4), 236.10 (1m) (a) and
	13	+	236.34 (2m) (a); and to create 60.23 (35) and 60.62 (7) of the statutes; relating
	14	+	to: town withdrawals from county zoning and the effect of a jurisdiction change
	15	+	on zoning provisions.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	This bill provides a procedure for towns to withdraw from coverage of a county
	18	+	zoning ordinance and standardizes statutory language related to the continuing
	19	+	effect of zoning requirements upon a change of the authority with jurisdiction over
	20	+	zoning matters.
	21	+	Under the bill, beginning five years after the effective date of the bill, a town
	22	+	board in any county may withdraw the town from coverage of the county zoning
	23	+	ordinance and county development plan. In order to effectuate the withdrawal, the
	24	+	town must provide certain notices to the county clerk and must enact a town zoning
	25	+	ordinance, a comprehensive plan, and an official map.
	26	+	Under current law, if a town board has been granted the authority to exercise
	27	+	village powers, the town board may enact zoning ordinances using the zoning
	28	+	statutes that are used by cities and villages, subject to a number of conditions. If the
	29	+	county in which the town is located has enacted a county zoning ordinance, town
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	37	+	SENATE BILL 826
	38	+	zoning ordinances may not take effect until such ordinances are approved either by
	39	+	a town meeting or by a referendum vote of the electors of the town and are approved
	40	+	by the county board. Also under current law, a county zoning ordinance may not take
	41	+	effect in a town unless it has been approved by the town board. With an exception,
	42	+	once a town board has approved a county zoning ordinance, the town may not
	43	+	withdraw its approval.
	44	+	Also, several provisions in current law provide for continuity in zoning
	45	+	regulation when the governmental unit that has the authority to regulate zoning
	46	+	changes. For example, under one such provision, when an area that had been subject
	47	+	to zoning regulation by a county becomes subject to city zoning, the statutes provide
	48	+	that regulations imposed under the county continue in effect until changed by the
	49	+	city. The bill revises these provisions to be clearer and more consistent. In general,
	50	+	these provisions now specify that the prior zoning ordinance and any regulations,
	51	+	approvals, and conditions imposed under the prior zoning ordinance remain in effect
	52	+	until specifically changed by the new zoning authority.
	53	+	The people of the state of Wisconsin, represented in senate and assembly, do
	54	+	enact as follows:
	55	+	SECTION 1. 59.69 (3) (a) of the statutes is amended to read:
	56	+	59.69 (3) (a) The county zoning agency may direct the preparation of a county
	57	+	development plan or parts of the plan for the physical development of the
	58	+	unincorporated territory within the county and areas within incorporated
	59	+	jurisdictions whose governing bodies by resolution agree to having their areas
	60	+	included in the county's development plan. The plan may be adopted in whole or in
	61	+	part and may be amended by the board and endorsed by the governing bodies of
	62	+	incorporated jurisdictions included in the plan. The county development plan, in
	63	+	whole or in part, in its original form or as amended, is hereafter referred to as the
	64	+	development plan. To the extent that the A development plan applies does not apply
	65	+	to unincorporated areas of a county with the population described in that have
	66	+	withdrawn from county zoning under s. 60.23 (34), it applies only to those
	67	+	unincorporated areas that are subject to county zoning or (35). Beginning on
	68	+	January 1, 2010, or, if the county is exempt under s. 66.1001 (3m), the date under s.
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	85	+	SECTION 1
	86	+	SENATE BILL 826
	87	+	66.1001 (3m) (b), if the county engages in any program or action described in s.
	88	+	66.1001 (3), the development plan shall contain at least all of the elements specified
	89	+	in s. 66.1001 (2).
	90	+	SECTION 2. 59.69 (3) (b) of the statutes is amended to read:
	91	+	59.69 (3) (b) The development plan shall include the master plan, if any, of any
	92	+	city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any,
	93	+	of such city or village, that was adopted under s. 62.23 (6) in the county, without
	94	+	change. In counties with a population of at least 485,000 containing towns that have
	95	+	withdrawn from county zoning under s. 60.23 (34) or (35), the development plan shall
	96	+	also include, and integrate, the master plan and the official map of a town that was
	97	+	adopted under s. 60.23 (35) (c) or 60.62 (6) (a) or (b), without change.
	98	+	SECTION 3. 59.69 (5) (c) of the statutes is amended to read:
	99	+	59.69 (5) (c) A county ordinance enacted under this section shall not be effective
	100	+	in any town until it has been approved by the town board. If the town board approves
	101	+	an ordinance enacted by the county board, under this section, a certified copy of the
	102	+	approving resolution attached to one of the copies of such ordinance submitted to the
	103	+	town board shall promptly be filed with the county clerk by the town. The ordinance
	104	+	shall become effective in the town as of the date of the filing, which filing shall be
	105	+	recorded by the county clerk in the clerk's office, reported to the town board and the
	106	+	county board, and printed in the proceedings of the county board. The ordinance
	107	+	shall supersede any prior town ordinance in conflict therewith or which is concerned
	108	+	with zoning, except as provided by s. 60.62. A town board may withdraw from
	109	+	coverage of a county zoning ordinance as provided under s. 60.23 (34) or (35).
	110	+	SECTION 4. 59.69 (5) (e) 7. of the statutes is amended to read:
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	136	+	SECTION 4 SENATE BILL 826
	137	+	59.69 (5) (e) 7. When any lands previously under the jurisdiction of a county
	138	+	zoning ordinance have been finally removed from such the county's jurisdiction by
	139	+	reason of annexation to an incorporated municipality, and after the ordinance and
	140	+	any regulations, approvals, and conditions imposed by under the county zoning
	141	+	ordinance have ceased to be effective as provided in sub. (7), the board may, on the
	142	+	recommendation of its zoning agency, enact amendatory ordinances that remove or
	143	+	delete the annexed lands from the official zoning map or written descriptions without
	144	+	following any of the procedures provided in subds. 1. to 6., and such the amendatory
	145	+	ordinances shall become effective upon enactment and publication. A copy of the
	146	+	ordinance shall be forwarded by the clerk to the clerk of each town in which the lands
	147	+	affected were previously located. Nothing in this paragraph shall be construed to
	148	+	nullify or supersede s. 66.1031.
	149	+	SECTION 5. 59.69 (7) of the statutes is amended to read:
	150	+	59.69 (7) CONTINUED EFFECT OF ORDINANCE. Whenever If an area which that has
	151	+	been subject to a county zoning ordinance petitions to become part of a city or village,
	152	+	the regulations imposed by the county zoning ordinance shall continue and any
	153	+	regulations, approvals, and conditions imposed under the county zoning ordinance
	154	+	continue in effect, without change, and shall be enforced by the city or village until
	155	+	the regulations have been ordinance or the particular regulation, approval, or
	156	+	condition is specifically changed by official action of the governing body of the city
	157	+	or village, except that in the event. If an ordinance of annexation is contested in the
	158	+	courts, the county zoning shall prevail ordinance and any regulations, approvals,
	159	+	and conditions imposed under the ordinance continue in effect, and the county shall
	160	+	have retains jurisdiction over the zoning in the area affected until ultimate
	161	+	determination final disposition of the court action.
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	189	+	SECTION 6
	190	+	SENATE BILL 826
	191	+	SECTION 6. 60.23 (34) (title) of the statutes is amended to read:
	192	+	60.23 (34) (title) TOWN WITHDRAWAL FROM COUNTY ZONING; CERTAIN POPULOUS
	193	+	COUNTIES.
	194	+	SECTION 7. 60.23 (35) of the statutes is created to read:
	195	+	60.23 (35) TOWN WITHDRAWAL FROM COUNTY ZONING. (a) Subject to subds. 1. and
	196	+	2., after 5 years after the effective date of this paragraph .... [LRB inserts date], enact
	197	+	an ordinance withdrawing the town from coverage of a county zoning ordinance that
	198	+	was approved under s. 59.69 (5) (c) and from coverage by a county development plan
	199	+	that was enacted under s. 59.69 (3) (a). An ordinance enacted under this paragraph
	200	+	may not take effect until all of the following occur:
	201	+	1. Not later than 2 years before enacting an ordinance under this paragraph,
	202	+	the town adopts a resolution of the town's intent to enact an ordinance under this
	203	+	paragraph and provides a copy of the resolution to the county clerk.
	204	+	2. Not earlier than 2 years and not later than 3 years after adopting the
	205	+	resolution under subd. 1., the town adopts a resolution informing the county of the
	206	+	town's withdrawal from coverage of the county's zoning ordinances, and the town
	207	+	sends certified copies of the documents under subd. 3. to the county clerk.
	208	+	3. Not later than the effective date of the resolution adopted under subd. 2., the
	209	+	town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s.
	210	+	66.1001, and an official map under s. 62.23 (6).
	211	+	(b) Nothing in this subsection authorizes a town to withdraw from a county
	212	+	shoreland zoning ordinance under s. 59.692.
	213	+	SECTION 8. 60.62 (6) (a) of the statutes is amended to read:
	214	+	60.62 (6) (a) Not later than 60 days before a town board that wishes to withdraw
	215	+	from county zoning and the county development plan under s. 60.23 (34) may enact
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	242	+	SECTION 8 SENATE BILL 826
	243	+	an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance
	244	+	under this section, an official map under s. 62.23 (6), and a comprehensive plan under
	245	+	s. 66.1001.
	246	+	SECTION 9. 60.62 (7) of the statutes is created to read:
	247	+	60.62 (7) (a) If a town withdraws from coverage of a county zoning ordinance
	248	+	under s. 60.23 (35), the ordinance and any regulations, approvals, and conditions
	249	+	imposed under the ordinance continue in effect until the ordinance or the particular
	250	+	regulation, approval, or condition is specifically changed by official action of the
	251	+	town.
	252	+	(b) If a town that has been subject to a town zoning ordinance adopts a
	253	+	resolution under s. 59.69 (5) (c) approving the application of a county zoning
	254	+	ordinance within any part of the town, the town zoning ordinance and any
	255	+	regulations, approvals, and conditions imposed under the town zoning ordinance,
	256	+	that are applicable to the area within the town for which the application of the county
	257	+	zoning ordinance is approved, continue in effect until the town zoning ordinance or
	258	+	the particular regulation, approval, or condition is specifically changed by official
	259	+	action of the county.
	260	+	SECTION 10. 61.353 (5) of the statutes is amended to read:
	261	+	61.353 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
	262	+	and any regulations, approvals, and conditions imposed under the ordinance that
	263	+	were applicable, prior to annexation, to any shoreland annexed by a village after May
	264	+	7, 1982, shall continue in effect and shall be enforced after annexation by the
	265	+	annexing village until the effective date of an ordinance enacted by the village under
	266	+	sub. (2).
	267	+	SECTION 11. 61.353 (6) of the statutes is amended to read:
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	294	+	EVM:emw&cjs
	295	+	SECTION 11
	296	+	SENATE BILL 826
	297	+	61.353 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
	298	+	and any regulations, approvals and conditions imposed under the ordinance that
	299	+	were applicable prior to incorporation to any shoreland that is part of a town that
	300	+	incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
	301	+	shall continue in effect and shall be enforced after incorporation by the incorporated
	302	+	village until the effective date of an ordinance enacted by the village under sub. (2).
	303	+	SECTION 12. 62.233 (5) of the statutes is amended to read:
	304	+	62.233 (5) Provisions of a county shoreland zoning ordinance under s. 59.692
	305	+	and any regulations, approvals, and conditions imposed under the ordinance that
	306	+	were applicable, prior to annexation, to any shoreland annexed by a city after May
	307	+	7, 1982, shall continue in effect and shall be enforced after annexation by the
	308	+	annexing city until the effective date of an ordinance enacted by the city under sub.
189	309		(2).
190		-	SECTION 12. 62.233 (5) of the statutes is amended
191		-	to read:
192		-	62.233 (5) Provisions of a county shoreland zoning
193		-	ordinance under s. 59.692 and any regulations, approv-
194		-	als, and conditions imposed under the ordinance that
195		-	were applicable, prior to annexation, to any shoreland
196		-	annexed by a city after May 7, 1982, shall continue in
197		-	effect and shall be enforced after annexation by the
198		-	annexing city until the effective date of an ordinance
199		-	enacted by the city under sub. (2).
200		-	SECTION 13. 62.233 (6) of the statutes is amended
201		-	to read:
202		-	62.233 (6) Provisions of a county shoreland zoning
203		-	ordinance under s. 59.692 and any regulations, approv-
204		-	als, and conditions imposed under the ordinance that
205		-	were applicable prior to incorporation to any shoreland
206		-	that is part of a town that incorporates as a city under s.
207		-	66.0203, 66.0211, 66.0213, or 66.0215 after April 30,
208		-	1994, shall continue in effect and shall be enforced after
209		-	incorporation by the incorporated city until the effective
210		-	date of an ordinance enacted by the city under sub. (2).
211		-	SECTION 14. 66.0227 (4) of the statutes is amended
212		-	to read:
213		-	66.0227 (4) If an area which that has been subject to
214		-	a city or village zoning ordinance is detached from one
215		-	municipality and attached to another under this section,
216		-	the regulations imposed by the zoning ordinance and
217		-	any regulations, approvals, and conditions imposed
218		-	under the ordinance continue in effect and shall be
219		-	enforced by the attaching city, village or town until the
220		-	ordinance or the particular regulation, approval, or con-
221		-	dition is specifically changed by official action of the
222		-	governing body of the municipality, except that if. If the
223		-	detachment or attachment is contested in the courts, the
224		-	zoning ordinance and any regulations, approvals, and
225		-	conditions imposed under the ordinance of the detach-
226		-	ing municipality prevails continue in effect, and the
227		-	detaching city or village has retains jurisdiction over the
228		-	zoning in the area affected until ultimate determination
229		-	final disposition of the court action. This subsection
230		-	does not expand or modify the authority of a municipal-
231		-	ity to change a zoning ordinance, any regulation,
232		-	approval, or condition imposed under a zoning ordi-
233		-	nance, or any nonconforming use.
234		-	SECTION 15. 66.0307 (7m) of the statutes is renum-
235		-	bered 66.0307 (7m) (a) and amended to read:
236		-	66.0307 (7m) (a) If a town is a party to a cooperative
237		-	plan with a city or village, the town and city or village
238		-	may agree, as part of the cooperative plan, to authorize
239		-	the town, city, or village to adopt enact a zoning ordi-
240		-	nance under s. 60.61, 61.35, or 62.23 for all or a portion
241		-	of the town territory covered by the plan. The exercise
242		-	of zoning authority by a town under this subsection
243		-	paragraph is not subject to s. 60.61 (3) or 60.62 (3).
244		-	(b) 1. If a county zoning ordinance applies to the
245		-	town territory covered by the a cooperative plan subject
246		-	to an agreement under par. (a), that ordinance and
247		-	amendments to it any regulations, approvals, and condi-
248		-	tions imposed under the ordinance continue in effect
249		-	until a zoning the ordinance is adopted under this sub-
250		-	section. or the particular regulation, approval, or condi-
251		-	tion is specifically changed by official action of the
252		-	town, city, or village with authority to enact a zoning
253		-	ordinance under the agreement under par. (a). This sub-
254		-	division does not expand or modify the authority of a
255		-	town, city, or village to change a zoning ordinance, any
256		-	regulation, approval, or condition imposed under a zon-
257		-	ing ordinance, or any nonconforming use.
258		-	2. If a zoning ordinance is adopted enacted under
259		-	this subsection par. (a), that zoning ordinance continues
260		-	and any regulations, approvals, and conditions imposed
261		-	under the ordinance continue in effect after the planning
262		-	period ceases until a different zoning ordinance for the
263		-	territory is adopted the ordinance or the particular regu-
264		-	lation, approval, or condition is specifically changed
265		-	under other applicable law.
266		-	(c) This subsection does not affect zoning ordi-
267		-	nances adopted under s. 59.692 or 87.30 or ch. 91.
268		-	SECTION 16. 236.10 (1m) (a) of the statutes is
269		-	amended to read:
270		-	236.10 (1m) (a) Except as provided in par. (b), a
271		-	county planning agency under sub. (1) (b) 3. or (c) 2. has
272		-	no authority to approve or object to the preliminary or
273		-	final plat of a subdivision that is located in a town that
274		-	has, before the preliminary plat is submitted for
275		-	approval, or before the final plat is submitted for
276		-	approval if no preliminary plat is submitted, enacted an
277		-	ordinance under s. 60.23 (34) or (35) withdrawing the
278		-	town from county zoning and the county development
279		-	plan.
280		-	SECTION 17. 236.34 (2m) (a) of the statutes is
281		-	amended to read: − 4 −2023 Wisconsin Act 2023 Senate Bill 826
282		-	236.34 (2m) (a) Except as provided in par. (b), a
283		-	county planning agency under s. 236.10 (1) (b) 3. or (c)
284		-	2. has no authority to approve or object to a certified sur-
285		-	vey map that divides land that is located in a town that
286		-	has, before the certified survey map is submitted for
287		-	approval, enacted an ordinance under s. 60.23 (34) or
288		-	(35) withdrawing the town from county zoning and the
289		-	county development plan.
	310	+	SECTION 13. 62.233 (6) of the statutes is amended to read:
	311	+	62.233 (6) Provisions of a county shoreland zoning ordinance under s. 59.692
	312	+	and any regulations, approvals, and conditions imposed under the ordinance that
	313	+	were applicable prior to incorporation to any shoreland that is part of a town that
	314	+	incorporates as a city under s. 66.0203, 66.0211, 66.0213, or 66.0215 after April 30,
	315	+	1994, shall continue in effect and shall be enforced after incorporation by the
	316	+	incorporated city until the effective date of an ordinance enacted by the city under
	317	+	sub. (2).
	318	+	SECTION 14. 66.0227 (4) of the statutes is amended to read:
	319	+	66.0227 (4) If an area which that has been subject to a city or village zoning
	320	+	ordinance is detached from one municipality and attached to another under this
	321	+	section, the regulations imposed by the zoning ordinance and any regulations,
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	347	+	EVM:emw&cjs
	348	+	SECTION 14 SENATE BILL 826
	349	+	approvals, and conditions imposed under the ordinance continue in effect and shall
	350	+	be enforced by the attaching city, village or town until the ordinance or the particular
	351	+	regulation, approval, or condition is specifically changed by official action of the
	352	+	governing body of the municipality, except that if. If the detachment or attachment
	353	+	is contested in the courts, the zoning ordinance and any regulations, approvals, and
	354	+	conditions imposed under the ordinance of the detaching municipality prevails
	355	+	continue in effect, and the detaching city or village has retains jurisdiction over the
	356	+	zoning in the area affected until ultimate determination final disposition of the court
	357	+	action.
	358	+	SECTION 15. 66.0307 (7m) of the statutes is renumbered 66.0307 (7m) (a) and
	359	+	amended to read:
	360	+	66.0307 (7m) (a) If a town is a party to a cooperative plan with a city or village,
	361	+	the town and city or village may agree, as part of the cooperative plan, to authorize
	362	+	the town, city, or village to adopt enact a zoning ordinance under s. 60.61, 61.35, or
	363	+	62.23 for all or a portion of the town territory covered by the plan. The exercise of
	364	+	zoning authority by a town under this subsection paragraph is not subject to s. 60.61
	365	+	(3) or 60.62 (3).
	366	+	(b) 1. If a county zoning ordinance applies to the town territory covered by the
	367	+	a cooperative plan subject to an agreement under par. (a), that ordinance and
	368	+	amendments to it any regulations, approvals, and conditions imposed under the
	369	+	ordinance continue in effect until a zoning the ordinance is adopted under this
	370	+	subsection. or the particular regulation, approval, or condition is specifically
	371	+	changed by official action of the town, city, or village with authority to enact a zoning
	372	+	ordinance under the agreement under par. (a).
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	398	+	EVM:emw&cjs
	399	+	SECTION 15
	400	+	SENATE BILL 826
	401	+	2. If a zoning ordinance is adopted enacted under this subsection par. (a), that
	402	+	zoning ordinance continues and any regulations, approvals, and conditions imposed
	403	+	under the ordinance continue in effect after the planning period ceases until a
	404	+	different zoning ordinance for the territory is adopted the ordinance or the particular
	405	+	regulation, approval, or condition is specifically changed under other applicable law.
	406	+	(c) This subsection does not affect zoning ordinances adopted under s. 59.692
	407	+	or 87.30 or ch. 91.
	408	+	SECTION 16. 236.10 (1m) (a) of the statutes is amended to read:
	409	+	236.10 (1m) (a) Except as provided in par. (b), a county planning agency under
	410	+	sub. (1) (b) 3. or (c) 2. has no authority to approve or object to the preliminary or final
	411	+	plat of a subdivision that is located in a town that has, before the preliminary plat
	412	+	is submitted for approval, or before the final plat is submitted for approval if no
	413	+	preliminary plat is submitted, enacted an ordinance under s. 60.23 (34) or (35)
	414	+	withdrawing the town from county zoning and the county development plan.
	415	+	SECTION 17. 236.34 (2m) (a) of the statutes is amended to read:
	416	+	236.34 (2m) (a) Except as provided in par. (b), a county planning agency under
	417	+	s. 236.10 (1) (b) 3. or (c) 2. has no authority to approve or object to a certified survey
	418	+	map that divides land that is located in a town that has, before the certified survey
	419	+	map is submitted for approval, enacted an ordinance under s. 60.23 (34) or (35)
	420	+	withdrawing the town from county zoning and the county development plan.
	421	+	(END)
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