Next Page 2.4.2 Local Authority to Impose a Moratorium Cities, villages and towns with village powers have express authority to freeze existing uses while the community prepares a comprehensive zoning plan. Such ordinance may be enacted as is an ordinary ordinance but shall be effective for no longer than 2 years after its enactment. This authorization, however, is rather narrow. There is also express authority for adopting an interim zoning ordinance to preserve existing uses as part of the extraterritorial zoning process. Moratoria have also been used in other contexts.
Counties also impose temporary moratoria as part of their planning processes.
Counties, however, have no express statutory authorization to impose an interim control ordinance. The absence of express enabling authority does not mean that counties cannot impose moratoria. What it does mean is that the authority for counties to impose moratoria is not clear. The authority for a county to impose a moratorium must be derived from the general language of the land use enabling legislation for counties. There are no reported court cases in Wisconsin on the issue of county authority to impose a moratorium.