2017 - 2018 LEGISLATURE
June 19, 2017 - Introduced by Representatives Jarchow, Stafsholt and
Zimmerman, cosponsored by Senator Harsdorf. Referred to Committee on
Natural Resources and Sporting Heritage.
1An Act to amend
30.27 (3); and to create
30.27 (2) (d) of the statutes; relating
2to: zoning ordinances in the Lower St. Croix riverway.
Analysis by the Legislative Reference Bureau
This bill provides that neither the Department of Natural Resources nor a
county may enforce a guideline or standard for local zoning ordinances applicable to
the Lower St. Croix riverway, a general zoning standard, or a stipulation made
between a county and a property owner to prohibit the operation of an event facility
and lodging establishment in existing buildings on a property located in the riverway
that was historically used as a recreational campground.
Under current law, DNR is required to promulgate rules establishing
guidelines and standards for local zoning ordinances that apply to the banks, bluffs,
and bluff tops of the Lower St. Croix River, and counties and municipalities located
in the riverway are required to adopt zoning ordinances complying with the
guidelines and standards. Current law also prohibits a county or municipality from
modifying or providing a variance from the ordinances without DNR consent. The
bill eliminates this prohibition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
30.27 (2) (d) of the statutes is created to read:
(d) Notwithstanding par. (a) 1., neither the department nor a county 3
may enforce a guideline or standard under this section, any general zoning standard, 4
or a stipulation made between a county and a property owner to prohibit the 5
operation of an event facility and lodging establishment in buildings that existed 6
prior to the effective date of this paragraph .... [LRB inserts date], on a property 7
located wholly or partially within the Lower St. Croix riverway that was historically 8
used as a recreational campground.
30.27 (3) of the statutes is amended to read:
30.27 (3) Implementation.
Counties, cities, villages,
and towns lying, in whole 11
or in part, within the areas affected by the guidelines adopted under sub. (2) are 12
empowered to and shall adopt zoning ordinances complying with the guidelines and 13
standards adopted under sub. (2) within 30 days after their effective date. If any 14
county, city, village,
or town does not adopt an ordinance within the time limit 15
prescribed, or if the department determines that an adopted ordinance does not 16
satisfy the requirements of the guidelines and standards, the department shall 17
immediately adopt such an ordinance. An ordinance adopted by the department 18
shall be of the same effect as if adopted by the county, city, village
or town, and the 19
local authorities shall administer and enforce the ordinance in the same manner as 20
if the county, city, village,
or town had adopted it. No zoning ordinance so adopted
21may be modified nor may any variance therefrom be granted by the county, city,
22village or town without the written consent of the department, except nothing in this
23section shall be construed to prohibit a county, city, village or town from adopting an
24ordinance more restrictive than that adopted by the department.