Wisconsin.pdf

Wisconsin's constitution and statutes establish a home rule structure, granting cities and villages the power to determine their local affairs and government, subject to statewide concern and uniformity. The Wisconsin Constitution, Article XI, § 3, and Wisconsin Statutes, WIS. STAT. § 66.0101(4) and § 62.11(5), provide the framework for home rule. The state legislature can preempt local enactments, but the constitution may constrain the manner of preemption. Preemption must be uniform or relate to a statewide concern for charter ordinances and those related to local affairs and government. Wisconsin courts recognize implied preemption where local ordinances conflict with state legislation or infringe on state policy. Recent cases have found statewide interest in state legislation preempting local law, or uniform action by the legislature, sufficient to preempt local concerns. Counties do not have home rule authority under the constitution but have been granted power over organizational and administrative matters by the legislature, with limitations to avoid conflict with state interests.