Rock County townships will no longer see cities expand their boundaries into town territory using water quality law as a loophole to force annexation.
The County Board OK’d an ordinance change that takes away a neighboring municipality’s authority to annex part of a neighboring town and run water and sewer into it if they can argue it would maintain federal clean water rules along bordering properties.
The county board unanimously approved the new rule. It would bar a city from forcing such moves unless a town signs off on a boundary agreement that allows it.
For decades, cities like Janesville and Beloit have been allowed to use a clean water law called Act 208 to force town property owners near city limits to abandon their septic systems and wells — and accept city annexation and city water-sewer services.
The county’s new rule bars any outside municipality from deciding over water and sewer infrastructure under state law.
The change is important because it comes as the towns of Beloit and Harmony plan to launch major rural housing subdivisions along the border of the cities of Beloit and Janesville — moves that are tied the towns expanding their own tax base.
For decades, cities like Janesville and Beloit have been allowed to use a clean water law called Act 208 to force town property owners near city limits to abandon their septic systems and wells — and accept city annexation and city water-sewer services.
County board member Philip Gorman says the rule looks to him like a policy move that protects town borders from neighboring city annexation.
Rock County Corporation Counsel Rich Greenlee says the change is not intended specifically to create annexation firewalls, but, rather, to adhere to a newer state law, which states that municipalities, including towns, must maintain local, jurisdictional control over water and sewer permitting.
In towns, that often involves either repair or replacement of septic and well systems or installation of new systems.
Last year, town of Harmony chairman Jeff Klenz said his town and other neighboring towns were in talks with the city of Janesville to try to establish firm boundary agreements. He says the towns sought to stem cities from using clean water rules to push their boundaries into the towns.
