AB 165

Under current law, a county must enact a shoreland zoning ordinance for all

shorelands in its unincorporated area and the ordinance must meet shoreland

zoning standards established by the Department of Natural Resources (DNR) by

rule. Current law defines a shoreland to be an area within a specified distance from

the edge of a navigable water.

Current law also provides that if an existing town ordinance relating to

shorelands is more restrictive than a later enacted county shoreland zoning

ordinance, the town ordinance remains in effect to the extent of the greater

restrictions, but not otherwise.

In

Hegwood v. Town of Eagle Zoning Board of Appeals

, 2013 WI App 118, N.W.

2d 111, the Wisconsin Appellate Court held that a town has no authority to regulate

shorelands unless the town enacted an ordinance before a county shoreland zoning

ordinance was enacted regulating the same shorelands. The court held that in that

case, the town ordinance continues in effect only to the extent that it is more

restrictive than the later enacted county shoreland zoning ordinance.

This bill provides that a town, with certain exceptions, may enact a zoning

ordinance, consistent with its existing zoning authority, that applies in shorelands.

The bill also specifies that a town zoning ordinance may not impose restrictions or

requirements in shorelands with respect to matters regulated by a county shoreland

ordinance affecting the same shorelands. The bill does not change current law which

provides that a town ordinance that is in effect before a county shoreland zoning

ordinance takes effect and that is more restrictive than the county shoreland zoning

ordinance, continues to apply to the extent of the greater restrictions.