Wisconsin 2023-2024 Regular Session Status: Enacted 4 R cosponsors

SB 826 — Relating to: town withdrawals from county zoning and the effect of a jurisdiction change on zoning provisions.

Last action — Published 3-30-2024

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 19, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on March 29, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 80% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

257 added · 41 removed

Plain-language change summary

The recent amendments to SB 826 clarify a town's ability to withdraw from county zoning regulations. Specifically, towns can opt out of county zoning ordinances after five years if they establish their own zoning plans, but they cannot change regulations concerning quarry operations. This matters because it gives towns more control over their local zoning while ensuring certain protections remain in place for sensitive areas like quarries. Overall, the changes aim to balance local governance with necessary regulations on specific land uses.

→
Previous
Latest
- 2024 LEGISLATURE LRBa1116/1 EVM:cdc SENATE AMENDMENT 2, TO SENATE BILL 826 February 13, 2024 - Offered by SenatoALLWEG.
- 2024 LEGISLATURE LRB-5318/1 EVM:emw&cjs SENATE BILL 826 December 19, 2023 - Introduced by Senators BALLWEG , ACQUE, JAMES, QUINNand T OMCZYK, cosponsored by Representatives ANDER M EER, ARMSTRONG , HURD, K RUG, OC ONNOR and SCHMIDT .
At the locations indicated, amend the bill as follows:
Referred to Committee on Transportation and Local Government.
A N A CT to renumber and amend 66.0307 (7m);
to amend 59.69 (3) (a), 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 create60.23 (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.
Analysis by the Legislative Reference Bureau This bill provides a procedure for towns to withdraw from coverage of a county zoning ordinance and standardizes statutory language related to the continuing effect of zoning requirements upon a change of the authority with jurisdiction over zoning matters.
Under the bill, beginning five years after the effective date of the bill, a town board in any county may withdraw the town from coverage of the county zoning ordinance and county development plan.
In order to effectuate the withdrawal, the town must provide certain notices to the county clerk and must enact a town zoning ordinance, a comprehensive plan, and an official map.
Under current law, if a town board has been granted the authority to exercise village powers, the town board may enact zoning ordinances using the zoning statutes that are used by cities and villages, subject to a number of conditions.
If the county in which the town is located has enacted a county zoning ordinance, town - 2024 Legislature - 2 - LRB-5318/1 EVM:emw&cjs SENATE BILL 826 zoning ordinances may not take effect until such ordinances are approved either by a town meeting or by a referendum vote of the electors of the town and are approved by the county board.
Also under current law, a county zoning ordinance may not take effect in a town unless it has been approved by the town board.
With an exception, once a town board has approved a county zoning ordinance, the town may not withdraw its approval.
Also, several provisions in current law provide for continuity in zoning regulation when the governmental unit that has the authority to regulate zoning changes.
For example, under one such provision, when an area that had been subject to zoning regulation by a county becomes subject to city zoning, the statutes provide that regulations imposed under the county continue in effect until changed by the city.
The bill revises these provisions to be clearer and more consistent.
In general, these provisions now specify that the prior zoning ordinance and any regulations, approvals, and conditions imposed under the prior zoning ordinance remain in effect until specifically changed by the new zoning authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
59.69 (3) (a) of the statutes is amended to read:
59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan.
The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan.
The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan.
To the extent that theA development plan applies does not apply to unincorporated areas of a county with the population described in that have withdrawn from county zoning under s.
60.23 (34), it applies only to those unincorporated areas that are subject to county zoning or (35).
Beginning on January 1, 2010, or, if the county is exempt under s.
66.1001 (3m), the date under s.
LRB-5318/1 - 2024 Legislature - 3 - EVM:emw&cjs SECTION 1 SENATE BILL 826 66.1001 (3m) (b), if the county engages in any program or action described in s.
66.1001 (3), the development plan shall contain at least all of the elements specified in s.
66.1001 (2).
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 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) (c) or 60.62 (6) (a) or (b), without change.
SECTION 3.
Show all 159 changed rows (119 more)
Previous
Latest
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 submitted 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 withdraw 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:
- 2024 Legislature - 4 - LRB-5318/1 EVM:emw&cjs SENATE BILL 826 SECTION 4 59.69 (5) (e) 7.
When any lands previously under the jurisdiction of a county zoning ordinance have been finally removed from suchthe 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 procedures provided in subds.
Page 2, line 1:
to 6., and suchndatory ordinances shall become effective upon enactment and publication.
delete the material beginning with that line and ending with page 3, line 3.
A copy of the ordinance shall be forwarded 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.Whenever 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, approvals, 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 official action of the governing body of the city or village, except that in the eventan ordinance of annexation is contested in the courts, the county zoning shall prevail ordinance and any regulations, approvals, and conditions 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.
LRB-5318/1 - 2024 Legislature - 5 - EVM:emw&cjs SECTION 6 SENATE BILL 826 SECTION 6.
60.23 (34) (title) of the statutes is amended to read:
60.23 (34) (title)OWN WITHDRAWAL FROM COUNTY ZONING;
CERTAIN POPULOUS COUNTIES.
SECTION 7.
60.23 (35) of the statutes is created to read:
60.23 (35) OWN WITHDRAWAL FROM COUNTY ZONING.
(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 paragraph may not take effect until all of the following occur:
1.
Not later than 2 years before enacting an ordinance 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.
Page 4, line 25:
Not earlier than 2 years and not later than 3 years after adopting the resolution under subd.
after “action." insert “This subsection does not expand or modify the authority of a city or village to change a zoning ordinance, any regulation, approval, or condition imposed under a zoning ordinance, or any nonconforming use.".
1., the town adopts a resolution informing the county of the town's withdrawal from coverage of the county's zoning ordinances, and the town sends certified copies of the documents under subd.
Page 5, line 3:
to the county clerk.
after that line insert:
3.
“SECTION 6m.
Not later than the effective date of the resolution adopted under subd.
60.23 (34) (c) 4.
2., the town enacts a zoning ordinance under s.
of the statutes is repealed.”.
60.62, a comprehensive plan under s.
4.
66.1001, and an official map under s.
Page 5, line 20:
62.23 (6).
after that line insert:
(b) Nothing in this subsection authorizes a town to withdraw from a county shoreland zoning ordinance under s.
“(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 LRBa1116/1 - 2024 Legislature - 2 - EVM:cdc subsection does not apply to those portions of the county zoning ordinance or county development plan that regulate quarry operations as defined in s.
59.692.
66.0441 (2) (h).”.
SECTION 8.
5.
60.62 (6) (a) of the statutes is amended to read:
Page 5, line 22:
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.
after “59.692" insert “or a county floodplain zoning ordinance under s.
60.23 (34)act - 2024 Legislature - 6 - LRB-5318/1 EVM:emw&cjs SENATE BILL 826 SECTION 8 an ordinance under s.
87.30".
60.23 (34), the town board shall enact a zoning ordinance under this section, an official map under s.
6.
62.23 (6), and a comprehensive plan under s.
Page 6, line 6:
66.1001.
after “60.23" insert “(34) or".
SECTION 9.
7.
60.62 (7) of the statutes is created to read:
Page 6, line 9:
60.62 (7) (a) If a town withdraws from coverage of a county zoning ordinance under s.
after “town." insert “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 nonconforming use.".
60.23 (35), the ordinance and any regulations, approvals, and conditions imposed under the ordinance continue in effect until the ordinance or the particular regulation, approval, or condition is specifically changed by official action of the town.
8.
(b) If a town that has been subject to a town zoning ordinance adopts a resolution under s.
Page 6, line 17:
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 regulation, approval, or condition is specifically changed by official action of the county.
after “county." insert “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 nonconforming use.".
SECTION 10.
9.
61.353 (5) of the statutes is amended to read:
Page 8, line 9:
61.353 (5) Provisions of a county shoreland zoning ordinance under s.
after “action." insert “This subsection does not expand or modify the authority of a municipality to change a zoning ordinance, any regulation, approval, or condition imposed under a zoning ordinance, or any nonconforming use.".
59.692 and any regulations, approvals, and conditions imposed under the ordinance that were applicable, prior to annexation, to any shoreland annexed by a village after May 7, 1982, shallontinue 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.
10.
(2).
Page 8, line 24:
SECTION 11.
after “(a).ert “This subdivision 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 zoning ordinance, or any nonconforming use.".
61.353 (6) of the statutes is amended to read:
LRB-5318/1 - 2024 Legislature - 7 - EVM:emw&cjs SECTION 11 SENATE BILL 826 61.353 (6) Provisions of a county shoreland zoning ordinance under s.
59.692 and any regulations, approvals 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, shallcontinue in effect and shall be enforced after incorporation by the incorporated village until the effective date of an ordinance enacted by the village under sub.
(2).
S ECTION 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, approvals, and conditions imposed under the ordinancet were applicable, prior to annexation, to any shoreland annexed by a city after May 7, 1982, shallcontinue 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).
S ECTION 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, approvals, 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, shallcontinue 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).
S ECTION 14.
66.0227 (4) of the statutes is amended to read:
66.0227 (4) If an area whichthat 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 byhe zoning ordinance and any regulations, - 2024 Legislature - 8 - LRB-5318/1 EVM:emw&cjs SENATE BILL 826 SECTION 14 approvals, and conditions imposed under the ordinanceontinue in effect and shall be enforced by the attaching city, village or town until the ordinance or the particular regulation, approval, or condition 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 detaching 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.
SECTION 15.
66.0307 (7m) of the statutes is renumbered 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, village to adopt enact a zoning ordinance 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 subsectionagraph 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 conditions imposed under the ordinance continue in effect until a zoning the ordinance is adopted under this subsection.
or the particular regulation, approval, or condition 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).
LRB-5318/1 - 2024 Legislature - 9 - EVM:emw&cjs S ECTION 15 SENATE BILL 826 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 regulation, approval, or condition is specifically changed under other applicable law.
(c) This subsection does not affect zoning ordinances 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:
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 survey 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.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Published 3-30-2024

  2. Report approved by the Governor on 3-29-2024. 2023 Wisconsin Act 264

  3. Presented to the Governor on 3-26-2024

  4. Report correctly enrolled

  5. Received from Assembly concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in

  8. Rules suspended

  9. Ordered to a third reading

  10. Read a second time

  11. Made a special order of business at 10:35 AM on 2-22-2024 pursuant to Assembly Resolution 28

  12. Read first time and referred to committee on Rules

  13. Received from Senate

  14. Ordered immediately messaged

  15. Read a third time and passed

  16. Rules suspended to give bill its third reading

  17. Ordered to a third reading

  18. Senate Amendment 2 adopted

  19. Read a second time

  20. Placed on calendar 2-20-2024 pursuant to Senate Rule 18(1)

  21. Available for scheduling

  22. Report passage as amended recommended by Committee on Transportation and Local Government, Ayes 5, Noes 0

  23. Report adoption of Senate Amendment 2 recommended by Committee on Transportation and Local Government, Ayes 5, Noes 0

  24. Executive action taken

  25. Senate Amendment 2 offered by Senator Ballweg

  26. Senate Amendment 1 offered by Senator Ballweg

  27. LRB correction

  28. Public hearing held

  29. Representative Edming added as a cosponsor

  30. Read first time and referred to Committee on Transportation and Local Government

  31. Introduced by Senators Ballweg, Jacque, James, Quinn and Tomczyk; cosponsored by Representatives VanderMeer, Armstrong, Hurd, Krug, O'Connor and Schmidt

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 0 co-sponsors · 127 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (127)

127 members have not signed on to this bill.

Show all 127 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 826?
SB 826 is sponsored by Ballweg, Jacque, André (Republican), James, Jesse (Republican), Quinn, Romaine (Republican), and Tomczyk, Cory (Republican).
What is the current status of SB 826?
This bill has been enacted into law. Introduced December 19, 2023. Enacted.
Where can I track SB 826?
Track SB 826 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 826

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 826

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →