LRB-5087/1
EHS:cjs&amn
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Shankland, Andraca, Cabrera,
Considine, Hebl, B. Meyers, Milroy, Pope, Sinicki, Spreitzer and Subeck,
cosponsored by Senators Smith, Bewley, Larson, Roys and L. Taylor.
Referred to Committee on Environment.
AB1110,1,5 1An Act to repeal 59.692 (1d) and 59.692 (2m); to amend 59.692 (1k) (a) (intro.),
259.692 (1k) (a) 2. (intro.), 59.692 (1k) (a) 2m., 59.692 (1k) (a) 4., 59.692 (1k) (am)
3(intro.), 59.692 (4) (b), 59.692 (5m), 61.353 (3) (intro.) and 62.233 (3) (intro.); and
4to create 59.692 (1k) (ag) of the statutes; relating to: the restrictiveness of
5shoreland zoning ordinances.
Analysis by the Legislative Reference Bureau
This bill makes various changes to limits on the restrictiveness of shoreland
zoning ordinances.
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 by
rule. Current law generally defines a shoreland to be an area within a specified
distance from the edge of a navigable water.
This bill eliminates a provision under current law that prohibits a county
shoreland zoning ordinance from regulating a matter more restrictively than the
matter is regulated by a shoreland zoning standard promulgated by DNR. The bill
also eliminates a provision under current law that prohibits a county shoreland
zoning ordinance from regulating the construction of a structure on a substandard
lot in a manner that is more restrictive than the DNR shoreland zoning standards
for substandard lots.
Current law provides that a county board of adjustment has authority to decide
upon variances and appeals from county decisions regarding shorelands within the

county. The bill eliminates a current law exception that prohibits DNR from
appealing a county decision to grant or deny a variance relating to shoreland zoning.
Under current law, DNR may only, upon the request of a county board of adjustment,
issue an opinion on whether a variance should be granted or denied.
Current law prohibits DNR and counties from impairing the interest of a
landowner in shoreland property by establishing a shoreland zoning standard or
enacting or enforcing a shoreland zoning ordinance that does any of a number of
specified things. The bill removes the language prohibiting the impairment of the
interest of a landowner in shoreland property, but leaves the prohibition on
establishing a shoreland zoning standard or enacting or enforcing a shoreland
zoning ordinance.
Among the things that under current law DNR and counties may not do
through a shoreland zoning standard or ordinance is require any approval or impose
any fee or mitigation requirement for, or otherwise prohibit or regulate, any of the
following:
1. The maintenance, repair, replacement, restoration, rebuilding, or
remodeling of all or any part of certain nonconforming structures or structures
legally within the shoreland setback area if the activity does not expand the footprint
of the structure.
2. The vertical expansion of certain nonconforming structures or structures
legally within the shoreland setback area unless the expansion would extend more
than 35 feet above grade level.
The bill removes the prohibition on DNR and counties imposing a fee with
respect to these activities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1110,1 1Section 1. 59.692 (1d) of the statutes is repealed.
AB1110,2 2Section 2. 59.692 (1k) (a) (intro.) of the statutes is amended to read:
AB1110,2,73 59.692 (1k) (a) (intro.) The department may not impair the interest of a
4landowner in shoreland property by establishing
establish a shoreland zoning
5standard, and a county may not impair the interest of a landowner in shoreland
6property by enacting or enforcing
enact or enforce a shoreland zoning ordinance, that
7does any of the following:
AB1110,3 8Section 3. 59.692 (1k) (a) 2. (intro.) of the statutes is amended to read:
AB1110,3,5
159.692 (1k) (a) 2. (intro.) Except as provided in par. pars. (ag) and (b), requires
2any approval or imposes any fee or mitigation requirement for, or otherwise prohibits
3or regulates, the maintenance, repair, replacement, restoration, rebuilding, or
4remodeling of all or any part of any of the following if the activity does not expand
5the footprint of the structure:
AB1110,4 6Section 4. 59.692 (1k) (a) 2m. of the statutes is amended to read:
AB1110,3,127 59.692 (1k) (a) 2m. Except as provided in pars. (ag), (b), and (bm), requires any
8approval or imposes any fee or mitigation requirement for, or otherwise prohibits or
9regulates, the maintenance, repair, replacement, restoration, rebuilding, or
10remodeling of all or any part of a structure listed under sub. (1n) (d) that was legally
11constructed wholly or partially within the shoreland setback area if the activity does
12not expand the footprint of the existing structure.
AB1110,5 13Section 5. 59.692 (1k) (a) 4. of the statutes is amended to read:
AB1110,3,1914 59.692 (1k) (a) 4. Requires Except as provided in par. (ag), requires any
15approval or imposes any fee or mitigation requirement for, or otherwise prohibits or
16regulates, the vertical expansion of a nonconforming structure or a structure of
17which any part is legally located in the shoreland setback area by operation of a
18variance granted before July 13, 2015, unless the vertical expansion would extend
19more than 35 feet above grade level.
AB1110,6 20Section 6. 59.692 (1k) (ag) of the statutes is created to read:
AB1110,3,2321 59.692 (1k) (ag) Paragraph (a) 2., 2m., and 4. do not prohibit the department
22or a county from imposing a fee with respect to the activities described in those
23subdivisions.
AB1110,7 24Section 7. 59.692 (1k) (am) (intro.) of the statutes is amended to read:
AB1110,4,5
159.692 (1k) (am) (intro.) The department may not impair the interest of a
2landowner in shoreland property by establishing
establish a shoreland zoning
3standard, and a county may not impair the interest of a landowner in shoreland
4property by enacting or enforcing
enact or enforce a shoreland zoning ordinance, that
5establishes standards for impervious surfaces unless all of the following apply:
AB1110,8 6Section 8. 59.692 (2m) of the statutes is repealed.
AB1110,9 7Section 9. 59.692 (4) (b) of the statutes is amended to read:
AB1110,4,138 59.692 (4) (b) Variances and appeals regarding shorelands within a county are
9for the board of adjustment for that county under s. 59.694, and the procedures of
10that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
11a decision of the county to grant or deny a variance under this section but may, upon
12the request of a county board of adjustment, issue an opinion on whether a variance
13should be granted or denied.
AB1110,10 14Section 10. 59.692 (5m) of the statutes is amended to read:
AB1110,4,1715 59.692 (5m) If a county has in effect on or after July 14, 2015, a provision in
16an ordinance that is inconsistent with sub. (1d), (1f), or (1k), or (2m), the provision
17does not apply and may not be enforced.
AB1110,11 18Section 11. 61.353 (3) (intro.) of the statutes is amended to read:
AB1110,4,2119 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
20and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
21and (1k) and shall include at least all of the following provisions:
AB1110,12 22Section 12. 62.233 (3) (intro.) of the statutes is amended to read:
AB1110,5,3
162.233 (3) (intro.) A city ordinance enacted under this section shall accord and
2be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and
3(1k) and shall include at least all of the following provisions:
AB1110,5,44 (End)
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