AB 661

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

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. In addition, in counties having a zoning ordinance, no town

zoning ordinance, or amendment of a zoning ordinance, may be adopted by the town

unless approved by the county board; the bill repeals this provision.

Also under current law, a county zoning ordinance may not take effect in a town

unless it has been approved by the town board. Once a town board has approved a

county zoning ordinance, the town may not withdraw its approval.

Under this bill, a town board may enact an ordinance withdrawing from

coverage of a county zoning ordinance and a county development plan. A town board

may enact the ordinance during 2015, or during the one-year period every three

years after January 1, 2015. Such an ordinance may not take effect unless the town

clerk notifies the county clerk of the proposed ordinance and the town enacts, and

sends copies to the county clerk, a town zoning ordinance, a comprehensive plan, and

an official map. County board approval of a town zoning ordinance is not required

if the town has withdrawn from county zoning. The town zoning ordinance and

comprehensive plan must be consistent with each other.

If a county clerk receives notice from a town clerk before July 1 that the town

intends to withdraw from county zoning, the bill authorizes a county board to enact

an ordinance, before October 1, to repeal all of its zoning ordinances, other than

shoreland and floodplain zoning ordinances. The county must notify all of the towns

that are subject to its zoning ordinances that it intends to enact an ordinance to

repeal those ordinances. The county ordinance to repeal its zoning ordinances must

have a delayed effective date of one year. If a town is so notified, it must enact a

zoning ordinance, comprehensive plan, and official map to take effect on the effective

date of the county's repeal of its zoning ordinance. The town ordinance and

comprehensive plan must be consistent with each other.