AB 861

This bill eliminates the changes to the laws regulating shoreland zoning that

were made under the 2015-17 biennial budget act,

2015 Wisconsin Act 55

(Act 55).

Current law requires a county to enact shoreland zoning ordinances for all

shorelands in its unincorporated area and requires those ordinances to meet

shoreland zoning standards established by the Department of Natural Resources

(DNR) by rule. Current law generally defines a shoreland to be an area within a

specified distance from the edge of a navigable water.

Act 55 made various changes to the laws regulating shoreland zoning including

the following:

1. Prohibiting a county shoreland zoning ordinance from regulating a matter

more restrictively than the matter is regulated by a shoreland zoning standard

promulgated by DNR.

2. Prohibiting a shoreland zoning ordinance from requiring a person to

establish a vegetative buffer zone on previously developed land or expand an existing

buffer zone.

3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to

contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline

frontage and to allow the corridor to run contiguously for the entire maximum

allowable width.

4. Prohibiting DNR from establishing shoreland zoning standards and

prohibiting counties from enacting shoreland zoning ordinances that regulate

certain outdoor lighting, that regulate certain construction activities with respect to

nonconforming structures, and that impose certain standards for impervious

surfaces.

5. Allowing certain maintenance and repair of nonconforming structures in

shorelands that are accessory structures such as garages, sheds, sidewalks, and

patios.

6. Generally requiring city and village shoreland zoning ordinances that apply

to certain shorelands that were annexed or incorporated by the city or village to be

consistent with the requirements and limitations applicable to county shoreland

zoning ordinances.

7. Prohibits DNR from appealing a decision of a county to grant or deny a

variance to a law regulating county shoreland zoning.

This bill eliminates the changes to the law made by Act 55 so that the law is

consistent with pre-Act 55 law.

This bill changes the family income eligibility level to up to 133 percent of the

federal poverty line (FPL) for parents and caretaker relatives under BadgerCare

Plus (BC+) and for childless adults under BadgerCare Plus Core (BC+ Core).