Are county buildings in cities and villages subject to city or village zoning ordinance limitations?
Section 13.48(13)(a), Wis. Stats. provides:
structure or facility that is constructed for the benefit of the state,
any state agency, board, commission or department . . . shall be in
compliance with all state laws, rules, codes and regulations but the
construction is not subject to the ordinances or regulations of the
municipality in which the construction takes place except zoning,
including without limitation because of enumeration ordinances or
regulations relating to materials used, permits, supervision of
construction or installation, payment of permit fees, or other
restrictions. [Emphasis added].
In past opinions (e.g., Zoning
432), the League has concluded that a county is an arm or agent of the
state and sec. 13.48(13)(a), Stats., is therefore applicable to a
county. The attorney general also concluded in a January 8, 1997
informal opinion to the Brown County Corporation Counsel, (OAG I-I-97)
that local zoning ordinances apply to the construction of county jails
or houses of correction.