Date of enactment:
2023 Senate Bill 826 Date of publication*:
2023 WISCONSIN ACT
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),
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
(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
withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 2. 59.69 (3) (b) of the statutes is amended
to read:
59.69 (3) (b) The development plan shall include the
master plan, if any, of any city or village, that was
adopted under s. 62.23 (2) or (3) and the official map, if
any, of such city or village, that was adopted under s.
62.23 (6) in the county, without change. In counties with
a population of at least 485,000 containing towns that
have withdrawn from county zoning under s. 60.23 (34)
or (35), the development plan shall also include, and
integrate, the master plan and the official map of a town
that was adopted under s. 60.23 (35) (a) 3. or 60.62 (6)
(a) or (b), without change.
SECTION 3. 59.69 (5) (c) of the statutes is amended
to read:
59.69 (5) (c) A county ordinance enacted under this
section shall not be effective in any town until it has been
approved by the town board. If the town board approves
an ordinance enacted by the county board, under this
section, a certified copy of the approving resolution
attached to one of the copies of such ordinance submit-
ted to the town board shall promptly be filed with the
county clerk by the town. The ordinance shall become
effective in the town as of the date of the filing, which
filing shall be recorded by the county clerk in the clerk’s
office, reported to the town board and the county board,
and printed in the proceedings of the county board. The
ordinance shall supersede any prior town ordinance in
conflict therewith or which is concerned with zoning,
except as provided by s. 60.62. A town board may with-
draw from coverage of a county zoning ordinance as
provided under s. 60.23 (34) or (35).
SECTION 4. 59.69 (5) (e) 7. of the statutes is amended
to read:
59.69 (5) (e) 7. When any lands previously under the
jurisdiction of a county zoning ordinance have been
finally removed from such the county’s jurisdiction by
reason of annexation to an incorporated municipality,
and after the ordinance and any regulations, approvals,
and conditions imposed by under the county zoning
ordinance have ceased to be effective as provided in sub.
(7), the board may, on the recommendation of its zoning
agency, enact amendatory ordinances that remove or
delete the annexed lands from the official zoning map or
written descriptions without following any of the proce-
dures provided in subds. 1. to 6., and such the amenda-
tory ordinances shall become effective upon enactment
and publication. A copy of the ordinance shall be for-
* 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
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
warded by the clerk to the clerk of each town in which
the lands affected were previously located. Nothing in
this paragraph shall be construed to nullify or supersede
s. 66.1031.
SECTION 5. 59.69 (7) of the statutes is amended to
read:
59.69 (7) CONTINUED EFFECT OF ORDINANCE. When-
ever If an area which that has been subject to a county
zoning ordinance petitions to become part of a city or
village, the regulations imposed by the county zoning
ordinance shall continue and any regulations, approv-
als, and conditions imposed under the county zoning
ordinance continue in effect, without change, and shall
be enforced by the city or village until the regulations
have been ordinance or the particular regulation,
approval, or condition is specifically changed by offi-
cial action of the governing body of the city or village,
except that in the event. If an ordinance of annexation
is contested in the courts, the county zoning shall prevail
ordinance and any regulations, approvals, and condi-
tions imposed under the ordinance continue in effect,
and the county shall have retains jurisdiction over the
zoning in the area affected until ultimate determination
final disposition of the court action. This subsection
does not expand or modify the authority of a city or vil-
lage to change a zoning ordinance, any regulation,
approval, or condition imposed under a zoning ordi-
nance, or any nonconforming use.
SECTION 6. 60.23 (34) (title) of the statutes is
amended to read:
60.23 (34) (title) TOWN WITHDRAWAL FROM COUNTY
ZONING; CERTAIN POPULOUS COUNTIES.
SECTION 6m. 60.23 (34) (c) 4. of the statutes is
repealed.
SECTION 7. 60.23 (35) of the statutes is created to
read:
60.23 (35) TOWN WITHDRAWAL FROM COUNTY ZON-
ING. (a) Subject to subds. 1. and 2., after 5 years after
the effective date of this paragraph .... [LRB inserts
date], enact an ordinance withdrawing the town from
coverage of a county zoning ordinance that was
approved under s. 59.69 (5) (c) and from coverage by a
county development plan that was enacted under s.
59.69 (3) (a). An ordinance enacted under this para-
graph may not take effect until all of the following
occur:
1. Not later than 2 years before enacting an ordi-
nance under this paragraph, the town adopts a resolution
of the town’s intent to enact an ordinance under this
paragraph and provides a copy of the resolution to the
county clerk.
2. Not earlier than 2 years and not later than 3 years
after adopting the resolution under subd. 1., the town
adopts a resolution informing the county of the town’s
withdrawal from coverage of the county’s zoning ordi-
nances, and the town sends certified copies of the docu-
ments under subd. 3. to the county clerk.
3. Not later than the effective date of the resolution
adopted under subd. 2., the town enacts a zoning ordi-
nance under s. 60.62, a comprehensive plan under s.
66.1001, and an official map under s. 62.23 (6).
(am) The authority of a town board to withdraw a
town from coverage of a county zoning ordinance and
from coverage by a county development plan under this
subsection does not apply to those portions of the county
zoning ordinance or county development plan that regu-
late quarry operations as defined in s. 66.0441 (2) (h).
(b) Nothing in this subsection authorizes a town to
withdraw from a county shoreland zoning ordinance
under s. 59.692 or a county floodplain zoning ordinance
under s. 87.30.
SECTION 8. 60.62 (6) (a) of the statutes is amended
to read:
60.62 (6) (a) Not later than 60 days before a town
board that wishes to withdraw from county zoning and
the county development plan under s. 60.23 (34) may
enact an ordinance under s. 60.23 (34), the town board
shall enact a zoning ordinance under this section, an
official map under s. 62.23 (6), and a comprehensive
plan under s. 66.1001.
SECTION 9. 60.62 (7) of the statutes is created to
read:
60.62 (7) (a) If a town withdraws from coverage of
a county zoning ordinance under s. 60.23 (34) or (35),
the ordinance and any regulations, approvals, and con-
ditions imposed under the ordinance continue in effect
until the ordinance or the particular regulation,
approval, or condition is specifically changed by offi-
cial action of the town. This paragraph does not expand
or modify the authority of a town to change a zoning
ordinance, any regulation, approval, or condition
imposed under a zoning ordinance, or any nonconform-
ing use.
(b) If a town that has been subject to a town zoning
ordinance adopts a resolution under s. 59.69 (5) (c)
approving the application of a county zoning ordinance
within any part of the town, the town zoning ordinance
and any regulations, approvals, and conditions imposed
under the town zoning ordinance, that are applicable to
the area within the town for which the application of the
county zoning ordinance is approved, continue in effect
until the town zoning ordinance or the particular regula-
tion, approval, or condition is specifically changed by
official action of the county. This paragraph does not
expand or modify the authority of a town to change a
zoning ordinance, any regulation, approval, or condi-
tion imposed under a zoning ordinance, or any noncon-
forming use.
SECTION 10. 61.353 (5) of the statutes is amended
to read: − 3 − 2023 Wisconsin Act 2023 Senate Bill 826
61.353 (5) Provisions of a county shoreland zoning
ordinance under s. 59.692 and any regulations, approv-
als, and conditions imposed under the ordinance that
were applicable, prior to annexation, to any shoreland
annexed by a village after May 7, 1982, shall continue
in effect and shall be enforced after annexation by the
annexing village until the effective date of an ordinance
enacted by the village under sub. (2).
SECTION 11. 61.353 (6) of the statutes is amended to
read:
61.353 (6) Provisions of a county shoreland zoning
ordinance under s. 59.692 and any regulations, approv-
als and conditions imposed under the ordinance that
were applicable prior to incorporation to any shoreland
that is part of a town that incorporates as a village under
s. 66.0203, 66.0211, or 66.0213 after April 30, 1994,
shall continue in effect and shall be enforced after incor-
poration by the incorporated village until the effective
date of an ordinance enacted by the village under sub.
(2).
SECTION 12. 62.233 (5) of the statutes is amended
to read:
62.233 (5) Provisions of a county shoreland zoning
ordinance under s. 59.692 and any regulations, approv-
als, and conditions imposed under the ordinance that
were applicable, prior to annexation, to any shoreland
annexed by a city after May 7, 1982, shall continue in
effect and shall be enforced after annexation by the
annexing city until the effective date of an ordinance
enacted by the city under sub. (2).
SECTION 13. 62.233 (6) of the statutes is amended
to read:
62.233 (6) Provisions of a county shoreland zoning
ordinance under s. 59.692 and any regulations, approv-
als, and conditions imposed under the ordinance that
were applicable prior to incorporation to any shoreland
that is part of a town that incorporates as a city under s.
66.0203, 66.0211, 66.0213, or 66.0215 after April 30,
1994, shall continue in effect and shall be enforced after
incorporation by the incorporated city until the effective
date of an ordinance enacted by the city under sub. (2).
SECTION 14. 66.0227 (4) of the statutes is amended
to read:
66.0227 (4) If an area which that has been subject to
a city or village zoning ordinance is detached from one
municipality and attached to another under this section,
the regulations imposed by the zoning ordinance and
any regulations, approvals, and conditions imposed
under the ordinance continue in effect and shall be
enforced by the attaching city, village or town until the
ordinance or the particular regulation, approval, or con-
dition is specifically changed by official action of the
governing body of the municipality, except that if. If the
detachment or attachment is contested in the courts, the
zoning ordinance and any regulations, approvals, and
conditions imposed under the ordinance of the detach-
ing municipality prevails continue in effect, and the
detaching city or village has retains jurisdiction over the
zoning in the area affected until ultimate determination
final disposition of the court action. This subsection
does not expand or modify the authority of a municipal-
ity to change a zoning ordinance, any regulation,
approval, or condition imposed under a zoning ordi-
nance, or any nonconforming use.
SECTION 15. 66.0307 (7m) of the statutes is renum-
bered 66.0307 (7m) (a) and amended to read:
66.0307 (7m) (a) If a town is a party to a cooperative
plan with a city or village, the town and city or village
may agree, as part of the cooperative plan, to authorize
the town, city, or village to adopt enact a zoning ordi-
nance under s. 60.61, 61.35, or 62.23 for all or a portion
of the town territory covered by the plan. The exercise
of zoning authority by a town under this subsection
paragraph is not subject to s. 60.61 (3) or 60.62 (3).
(b) 1. If a county zoning ordinance applies to the
town territory covered by the a cooperative plan subject
to an agreement under par. (a), that ordinance and
amendments to it any regulations, approvals, and condi-
tions imposed under the ordinance continue in effect
until a zoning the ordinance is adopted under this sub-
section. or the particular regulation, approval, or condi-
tion is specifically changed by official action of the
town, city, or village with authority to enact a zoning
ordinance under the agreement under par. (a). This sub-
division does not expand or modify the authority of a
town, city, or village to change a zoning ordinance, any
regulation, approval, or condition imposed under a zon-
ing ordinance, or any nonconforming use.
2. If a zoning ordinance is adopted enacted under
this subsection par. (a), that zoning ordinance continues
and any regulations, approvals, and conditions imposed
under the ordinance continue in effect after the planning
period ceases until a different zoning ordinance for the
territory is adopted the ordinance or the particular regu-
lation, approval, or condition is specifically changed
under other applicable law.
(c) This subsection does not affect zoning ordi-
nances adopted under s. 59.692 or 87.30 or ch. 91.
SECTION 16. 236.10 (1m) (a) of the statutes is
amended to read:
236.10 (1m) (a) Except as provided in par. (b), a
county planning agency under sub. (1) (b) 3. or (c) 2. has
no authority to approve or object to the preliminary or
final plat of a subdivision that is located in a town that
has, before the preliminary plat is submitted for
approval, or before the final plat is submitted for
approval if no preliminary plat is submitted, enacted an
ordinance under s. 60.23 (34) or (35) withdrawing the
town from county zoning and the county development
plan.
SECTION 17. 236.34 (2m) (a) of the statutes is
amended to read: − 4 −2023 Wisconsin Act 2023 Senate Bill 826
236.34 (2m) (a) Except as provided in par. (b), a
county planning agency under s. 236.10 (1) (b) 3. or (c)
2. has no authority to approve or object to a certified sur-
vey map that divides land that is located in a town that
has, before the certified survey map is submitted for
approval, enacted an ordinance under s. 60.23 (34) or
(35) withdrawing the town from county zoning and the
county development plan.