Wisconsin webinar breaks down Act 264 withdrawal process, timelines and unanswered legal questions

Rebecca Roker, an attorney with Atolus Law, told county staff and officials at the WCA "In the Boardroom" webinar that Act 264 creates a specific, multi-year process by which a town may withdraw from coverage under a county’s general zoning ordinance while leaving several county controls intact. "Act 264 allows a town to withdraw from coverage of county zoning ordinance and county development at any time," Roker said during her presentation, but she emphasized the statute’s timing: the law became effective March 31, 2024, and "a town may withdraw from county zoning" no sooner than five years later, on March 31, 2029.

Why it matters: The change extends a narrow Dane County exception statewide and was designed "to foster corporate cooperation and communications between the town and the counties," Roker said. The statutory sequence requires towns to adopt a resolution of intent, to prepare and adopt a zoning ordinance enacted under section 60.62, to adopt a comprehensive plan meeting the statutory planning requirements, and to adopt an official map that satisfies the statutory standard before…