Wisconsin Chapter 60 - Is It the Law or Just a Good Idea?

In last night's town board meeting, I asked the Town Board where they believed that they were in the process of implementing zoning. They, and the Plan Commission clearly indicated that they believe that all that is left is to have a Public Hearing, allowing some input from town people up until that time, and then adopt the ordinance. The Plan Commission chairman, Ken Greiber, while submitting his update to the Town Board, even stated that they recommend that "the Town Board adopt the code following the public hearing, and that they could even schedule a special meeting immediately after the Public Hearing to adopt the ordinance".

When I stated that Wisconsin Chapter 60 requires two public hearings, one of which is to occur prior to the Plan Commission submitting the final draft to the Town Board, no one on the board or the Plan Commission seemed to be aware of that. I recommended that they seek some legal counsel to inform them of the rules.

Per Wisconsin Chapter 60

60.61(4)(b) requires that “the town zoning committee shall develop a preliminary report and hold a public hearing on the report before submitting a final report to the town board. The town zoning committee shall give notice of the public hearing on the preliminary report and of the time and place of the public hearing on the report by a class 2 notice under ch. 985.”

60.61(4)(b) then requires that “If the town zoning committee makes a substantial change in its report following the public hearing, it shall hold another public hearing on the report.”

60.61(4)(b) continued: “After the final report of the town zoning committee is submitted to the town board, the board may adopt an ordinance under sub. (2) following a public hearing held by the board on the proposed ordinance. The town board shall give notice of the public hearing on the proposed ordinance and of the time and place of the public hearing on the ordinance by a class 2 notice under ch. 985.”

60.61(4)(b) continued: “If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the town board.”

It is also recommended, in the document provided by Supervisor Mikla, "UWSP Zoning Ordinance Guide", section on ADOPTION, “Opportunities for public participation prior to the public hearing are usually necessary to ensure that the ordinance is understood and accepted by the public.”