Wisconsin Statutes
Wis. Stat. § 61.35 (2026)
Village planning
✓ current as of July 2026
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61.3561.35 Village planning. Section 62.23 applies to villages, and the powers and duties conferred and imposed by s. 62.23 upon mayors, councils and specified city officials are hereby conferred upon presidents, village boards, and village officials performing duties similar to the duties of such specified city officials, respectively. Any ordinance or resolution passed prior to May 30, 1925, by any village board under s. 61.35, 1923 stats., shall remain in effect until repealed or amended by such village board.
61.35 AnnotationThe line distinguishing general police power regulation from zoning ordinances is far from clear. The question of whether a particular enactment constitutes a zoning ordinance is often a matter of degree. Broad statements of the purposes of zoning and the purposes of an ordinance are not helpful in distinguishing a zoning ordinance from an ordinance enacted pursuant to non-zoning police power. The statutorily enumerated purposes of zoning are not the exclusive domain of zoning regulation. A more specific and analytically helpful formulation of the purpose of zoning, at least in the present case, is to separate incompatible land uses. Multiple factors are considered and discussed. Zwiefelhofer v. Town of Cooks Valley, 2012 WI 7, 338 Wis. 2d 488, 809 N.W.2d 362, 10-2398.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1922–2025 · leading case: Town of Rhine v. Bizzell, 2008 WI 76 (Wis. 2008).
Town of Rhine v. Bizzell, 2008 WI 76 (Wis. 2008). “Zoning of municipalities is, therefore, accomplished pursuant to § 62.23(7) and its subsections.”
Thomas G. Miller v. Zoning Bd. of Appeals of the Vill. of Lyndon Station, 2022 WI App 51 (Wis. Ct. App. 2022). “10 Miller does not dispute that the Whaleys have standing to bring this appeal. 8 No. 2021AP1764 DISCUSSION ¶18 Our review of the Village ZBA’s decision in this case is by way of WIS.”
Mount Horeb Cmty. Alert v. Vill. Bd. of Mt. Horeb, 2003 WI 100 (Wis. 2003). “Similarly, the location of public buildings and location of parks, streets, airports and other such items, is a shared function of a plan commissionan administrative bodywith a city council or a village board.”
Adams v. State Livestock Facilities Siting Review Bd., 2010 WI App 88 (Wis. Ct. App. 2010). “23 applies to villages). 8 This subsection provides that "the department may incorporate by cross-reference provisions contained in rules promulgated under ss.”
Zwiefelhofer v. Town of Cooks Valley, 2012 WI 7 (Wis. 2012). “61 is Wis. Stat. § 61.35 , entitled "village planning," which gives villages the power to zone by providing that Wis.”
Vill. of Hobart v. Brown Cnty., 2004 WI App 66 (Wis. Ct. App. 2004). “The Village's authority to enforce municipal zoning ordinance is conferred by Wis. Stat. §§ 61.35 and 62.23(8). 3 Village of HobaRT, Wis.”
Oconomowoc Residential Programs, Inc. v. City of Greenfield, 23 F. Supp. 2d 941 (E.D. Wis. 1998). “23 is made applicable to villages such as Greendale by Wis.Stat. § 61.35. 3 . ORP says that the clients it intends to serve at the Greenfield and Greendale locations are people inflicted with developmental disabilities as defined in Subsection 51.”
Special Souvenirs, Inc. v. Town of Wayne, 56 F. Supp. 2d 1062 (E.D. Wis. 1999). “Therefore, I will address the fourth claim as it is briefed — as a constitutional challenge not to the permitting scheme but to the conditional use permit actually issued to the bookstore.”
Scenic Pit LLC v. Vill. of Richfield, 2017 WI App 49 (Wis. Ct. App. 2017). “And if there were any doubt, Wis. Stat. §§ 61.35 and 62.23, which confer zoning power to villages, are explicitly enumerated as local approvals as well.”
Schutt v. City of Kenosha, 44 N.W.2d 902 (Wis. 1950). “The court there said: "The only question raised by the plaintiff on his appeal is the constitutionality of sec. 61.35, Stats., delegating the power to the village to pass an ordinance dividing the village into districts.”
Vill. of DeForest v. Cnty. of Dane, 565 N.W.2d 296 (Wis. Ct. App. 1997). “Section 61.35, Stats., makes the provisions of sec.”
Town of Grand Chute v. U.S. Paper Converters, Inc., 600 N.W.2d 33 (Wis. Ct. App. 1999). “, which is applied to village planning by § 61.35, Stats., grants local municipalities power to regulate and restrict land for industry by ordinance.”
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