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img-about1Last Updated on Tuesday, 05 January 2016 08:53

BILL IMPACTS SHORELAND ZONING, GENERAL ZONING, & MORE

AB582, one-half of twin “property rights” bills joins the state budget enacted last June and another bill (AB603) to limit local control of shoreland zoning.

By Michael Engleson, Executive Director

One of two “property rights” bills from Sen. Frank Lasee (R-DePere) and Rep. Adam Jarchow (R-Balsam Lake), AB582 limits local control over zoning issues, including making several changes to shoreland zoning (Rep. Jarchow’s AB600, along with the enacted changes to shoreland zoning in the state budget, Act 55, all work together to make significant reductions to shoreland zoning regulations in Wisconsin).

UPDATE: SB464, AB582’s Senate companion, will have a public hearing on January 5 at 11am at the State Capitol. AB582 has now been scheduled for a hearing on Thursday, January 7 at 10 am.

Wisconsin Lakes is OPPOSED to this bill.

Notable provision of this bill, especially as it relates to shoreland zoning, include:

  • A prohibition on counties enacting any sort of development moratorium
  • Allows a professional land surveyor to determine the ordinary high water mark (OHWM) or use an OHWM determined by another professional land surveyor, for the purpose of determining a setback distance, if DNR has not listed the OHWM for a lake on its webite
  • Prohibits a county from requiring an approval or imposing a fee or mitigation requirement for repair, reconstruction, or replacement of structures¬† allowed in the setback by virtue of a variance (this mirrors the Act 55 treatment of non-conforming structures)
  • Prohibits a county from preventing the placement of a device or system to treat runoff in the setback
  • Counties would be required to allow flat-roofed boathouses to be used as a deck if the rooftop has no sides or screens (but it can have a safety railing)
  • Utility construction is deemed to meet all shoreland zoning requizrements if it meets all other permit requirements and/or uses best management practices to control runof
  • Allows the applicant for a permit approval to switch hearing examiners in a contested case hearing

Wisconsin Lakes continues to analyze this bill, and will update this article with new information as it becomes available.