LRB-4680/2
MGG:jlg:lp
1997 - 1998 LEGISLATURE
March 2, 1998 - Introduced by Representatives Gard, Johnsrud, Albers,
Ainsworth, Huebsch, Schafer, Musser and Zukowski, cosponsored by
Senator Drzewiecki. Referred to Committee on Natural Resources.
AB862,1,3
1An Act to amend 59.692 (1s) (a) (intro.), 59.692 (1s) (a) 1., 59.692 (1s) (b) and
259.692 (1t); and
to create 59.692 (8) of the statutes;
relating to: the
3applicability of shoreland zoning ordinances.
Analysis by the Legislative Reference Bureau
Under current law, a county must enact specific zoning ordinances to regulate
activities in any shoreland located within its boundaries. Current law defines
"shorelands" as lands within certain distances of navigable waters. Rules
promulgated by the department of natural resources establish minimum standards
for these ordinances. These standards for structures and buildings include
restrictions on how far from the water they may be placed, on minimum lot sizes for
buildings and on the use and improvement of buildings that violate these standards
but are allowed to remain because they existed at the time the shoreland zoning
ordinances were enacted.
Under current law, all structures and buildings in a shoreland are subject to
these ordinances. Under this bill, only buildings that are designed to be used for
permanent housing by human beings or for a trade, industry or commercial purpose
are subject to these ordinances.
For further information see the state 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:
AB862,2,93
59.692
(1s) (a) (intro.) Restrictions that are applicable to damaged or destroyed
4nonconforming
structures buildings and that are contained in an ordinance enacted
5under this section may not prohibit the restoration of a nonconforming
structure 6building if the
structure building will be restored to the size, subject to par. (b),
7location and use that it had immediately before the damage or destruction occurred
8or impose any limits on the costs of the repair, reconstruction or improvement if all
9of the following apply:
AB862,2,1312
59.692
(1s) (a) 1. The nonconforming
structure building was damaged or
13destroyed after October 14, 1997.
AB862,2,1916
59.692
(1s) (b) An ordinance enacted under this section to which par. (a) applies
17shall allow for the size of a
structure building to be larger than the size it was
18immediately before the damage or destruction if necessary for the
structure building 19to comply with applicable state or federal requirements.
AB862,2,2522
59.692
(1t) A county or the department may not commence an enforcement
23action against a person who owns a building
or structure that is in violation of a
24shoreland zoning standard or an ordinance enacted under this section if the building
25or structure has been in place for more than 10 years.
AB862, s. 5
1Section
5. 59.692 (8) of the statutes is created to read:
AB862,3,32
59.692
(8) This section applies only to buildings that are designed to be used,
3in whole or in part, for any of the following:
AB862,3,44
(a) Permanent housing for human beings.
AB862,3,55
(b) For any trade, industry or commercial purpose.