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1994 Wisconsin Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagwi0021 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
JAMES E. DOYLE                                        114 East, State Capitol
ATIORNEY GENERAL                                      P.O. Box 7857
Madison, WI 53707-7857
Burneatta L Bridge       January 26, 1994             M8sW7-1221
Deputy Attorney General
OAG 1-94
Mr. Benjamin Southwick
Corporation Counsel
Richland County Courthouse
181 West Seminary Street
Richland Center, Wisconsin 53581
Dear Mr. Southwick:
You ask, in effect, whether an amendment to a county zoning
ordinance which adds one new zoning district to that ordinance
necessarily constitutes a comprehensive revision requiring town
board approval of the entire county zoning ordinance under the
provisions of section 59.97(5)(d), Stats.
In my opinion, the answer is no.
Section 59.97 provides in part:
(5) FORMATION OF ZONING ORDINANCE; PROCEDURE.
(a) When the county zoning agency has completed a draft
of a proposed zoning ordinance, it shall hold a public
hearing thereon, following publication in the county of
a class 2 notice, under ch. 985. After such hearing the
agency may make such revisions in the draft as it shall
deem necessary, or it may submit the draft without
revision to the county board with recommendations for
adoption.  Proof of publication of the notice of the
public hearing held by such agency shall be attached to
its report to the county board.
(b) When the draft of such ordinance, recommended
for adoption by the zoning agency, is received by the
county board, it may adopt the ordinance as submitted, or
reject it, or return it to the agency with such
recommendations as the county board may see fit to make.
In the event of such return subsequent procedure by the
agency shall be as if the agency were acting under the
original directions. When adopted, duplicate copies of
the ordinance shall be submitted by the county clerk by
registered mail to each town clerk for consideration by
the town board.

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