Wisconsin Statutes
Wis. Stat. § 60.55 (2026)
Fire protection
✓ current as of July 2026
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60.55(1)(a)(a) The town board shall provide for fire protection for the town. Fire protection for the town, or any portion of the town, may be provided in any manner, including:
60.55(1)(a)2.2. Joining with another town, village or city to establish a joint fire department. If the town board establishes a joint fire department with a village under s. 61.65 (2) (a) 3., the town board shall create a joint board of fire commissioners with the village under s. 61.65 (2) (b) 2.
60.55(1)(b)(b) The town board may provide for the equipping, staffing, housing and maintenance of fire protection services.
60.55(2)(b)(b) Charge property owners a fee for the cost of fire protection provided to their property under sub. (1) (a) according to a written schedule established by the town board.
60.55(2)(d)(d) Levy taxes on property served by a particular source of fire protection, to support the source of protection.
60.55 AnnotationAny fire department created under this section, whether formed under ch. 181 or 213, is a government subdivision or agency entitled to immunity under s. 893.80 (4). Mellenthin v. Berger, 2003 WI App 126, 265 Wis. 2d 575, 666 N.W.2d 120, 02-2524.
60.55 AnnotationThis section does not create an exception to the grant of power to the town meeting to authorize land purchases or construction by the town board. If a town board chooses to meet the requirements of this section to provide fire protection by providing housing for fire protection services and also chooses to purchase land and construct that housing, then the town board must proceed with the authorization of the town meeting under s. 60.10 (2) (e) and (f) to purchase the land and construct the building. Town of Clayton v. Cardinal Construction Co., 2009 WI App 54, 317 Wis. 2d 424, 767 N.W.2d 605, 08-1793.
60.55 AnnotationThe presence of a fire district standing by ready to extinguish fires constitutes a fire protection service for which a fee may be assessed. Unlike in the pre-1988 version of this statute, fire protection services for which a fee may be assessed are not limited to “fire calls made.” Here, the town demonstrated that the primary purpose of a charge was to cover the expense of providing the service of fire protection to the properties within its geographic boundaries and, therefore, the charge was a fee rather than a tax and assessable against county property. Town of Hoard v. Clark County, 2015 WI App 100, 366 Wis. 2d 239, 873 N.W.2d 241, 15-0678.
60.55 AnnotationA town may assess a fire protection special charge under sub. (2) (b) for making fire protection services generally available, and not based on the incidence of fire calls at a property. The special charge is a fee, not a tax, and, therefore, may be assessed against the county. OAG 1-15.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1987–2022 · leading case: Town of Janesville v. Rock Cnty., 451 N.W.2d 436 (Wis. Ct. App. 1989).
Town of Janesville v. Rock Cnty., 451 N.W.2d 436 (Wis. Ct. App. 1989). “As a beneficiary, it is appropriate that the county pay for fire calls to its property as provided by sec.”
Town of Clearfield v. Cushman, 440 N.W.2d 777 (Wis. 1989). “Under sec. 60.55, Stats. 1983-84, 7 the Town is responsible for providing fire protection.”
Mellenthin v. Berger, 2003 WI App 126 (Wis. Ct. App. 2003). “Pursuant to their duty to provide fire protection under Wis. Stat. § 60.55 (l)(a), ten Pepin County towns created the Du- *579 rand Rural Fire Department, incorporating under Wis.”
Wolff v. Town of Jamestown, 601 N.W.2d 301 (Wis. Ct. App. 1999). “See § 60.55, STATS. The responsibility to provide fire protection to the hard-to-reach Wolff property might itself justify the Town's intervention.”
Town of Hoard v. Clark Cnty., 2015 WI App 100 (Wis. Ct. App. 2015). “The Town argues that it is entitled to summary judgment because the ordinance is authorized under Wis. Stat. § 60.55 (2)(b) as "a fee on property owners in the Town for the cost of fire protection, as set according to a written schedule that was adopted by the town board.”
Town of Clayton v. Cardinal Const. Co., Inc., 2009 WI App 54 (Wis. Ct. App. 2009). “10(2)(e) and (f) delegate power to the electors to authorize the board to purchase land and construct a building, it contends that Wis. Stat. §§ 60.55 , 60.23 and 60.22(3) otherwise confer statutory authority on the town board to "override" the delegation of this power to the…”
Alfonso v. Diamondhead Fire Prot. Dist., 122 So. 3d 54 (Miss. 2013). “” Wis. Stat. § 60.55 (2)(b). The Wisconsin Court of Appeals has addressed whether a town may charge a county fire-protection fees based on (1) a valuation of county properties within the town, or (2) on or a per-call basis.”
Selzler v. Dresser, Osceola, Garfield Fire Dep't, 415 N.W.2d 546 (Wis. Ct. App. 1987). “1 This statute has been revised and renumbered to sec. 60.55, Stats., effective January 11, 1985.”
Paramount Emergency Med. Serv., Inc. v. Rural Med. Ambulance Serv., Inc. (W.D. Wis. 2022). “The court held that Wis. Stat. § 60.55 (1)(a) was the statute that “enabled” the fire department’s formation, and because the fire department existed in direct response to that statute’s mandate, it was a “governmental subdivision or agency” of the municipalities that founded it.”
Anna M. Alfonso v. Diamondhead Fire Prot. Dist. (Miss. 2011). “” Wis. Stat. § 60.55 (2)(b). The Wisconsin Court of Appeals has addressed whether a town may charge a county fire-protection fees based on (1) a valuation of county properties within the town, or (2) on or a per-call basis.”
Wis. Stat. § 60.55(1): 1 case
Town of Clearfield v. Cushman, 440 N.W.2d 777 (Wis. 1989). “Under sec. 60.55, Stats. 1983-84, 7 the Town is responsible for providing fire protection.”
Wis. Stat. § 60.55(1)(a): 1 case
Paramount Emergency Med. Serv., Inc. v. Rural Med. Ambulance Serv., Inc. (W.D. Wis. 2022). “The court held that Wis. Stat. § 60.55 (1)(a) was the statute that “enabled” the fire department’s formation, and because the fire department existed in direct response to that statute’s mandate, it was a “governmental subdivision or agency” of the municipalities that founded it.”
Wis. Stat. § 60.55(2): 2 cases
Town of Janesville v. Rock Cnty., 451 N.W.2d 436 (Wis. Ct. App. 1989). “As a beneficiary, it is appropriate that the county pay for fire calls to its property as provided by sec.”
Town of Hoard v. Clark Cnty., 2015 WI App 100 (Wis. Ct. App. 2015). “The Town argues that it is entitled to summary judgment because the ordinance is authorized under Wis. Stat. § 60.55 (2)(b) as "a fee on property owners in the Town for the cost of fire protection, as set according to a written schedule that was adopted by the town board.”
Wis. Stat. § 60.55(2)(b): 2 cases
Town of Janesville v. Rock Cnty., 451 N.W.2d 436 (Wis. Ct. App. 1989). “As a beneficiary, it is appropriate that the county pay for fire calls to its property as provided by sec.”
Town of Hoard v. Clark Cnty., 2015 WI App 100 (Wis. Ct. App. 2015). “The Town argues that it is entitled to summary judgment because the ordinance is authorized under Wis. Stat. § 60.55 (2)(b) as "a fee on property owners in the Town for the cost of fire protection, as set according to a written schedule that was adopted by the town board.”
Wis. Stat. § 60.55(2)(c): 1 case
Town of Hoard v. Clark Cnty., 2015 WI App 100 (Wis. Ct. App. 2015). “The Town argues that it is entitled to summary judgment because the ordinance is authorized under Wis. Stat. § 60.55 (2)(b) as "a fee on property owners in the Town for the cost of fire protection, as set according to a written schedule that was adopted by the town board.”
Wis. Stat. § 60.55(l)(a): 3 cases
Mellenthin v. Berger, 2003 WI App 126 (Wis. Ct. App. 2003). “Pursuant to their duty to provide fire protection under Wis. Stat. § 60.55 (l)(a), ten Pepin County towns created the Du- *579 rand Rural Fire Department, incorporating under Wis.”
Town of Hoard v. Clark Cnty., 2015 WI App 100 (Wis. Ct. App. 2015). “The Town argues that it is entitled to summary judgment because the ordinance is authorized under Wis. Stat. § 60.55 (2)(b) as "a fee on property owners in the Town for the cost of fire protection, as set according to a written schedule that was adopted by the town board.”
Town of Clayton v. Cardinal Const. Co., Inc., 2009 WI App 54 (Wis. Ct. App. 2009). “10(2)(e) and (f) delegate power to the electors to authorize the board to purchase land and construct a building, it contends that Wis. Stat. §§ 60.55 , 60.23 and 60.22(3) otherwise confer statutory authority on the town board to "override" the delegation of this power to the…”
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