59.691(4)
(4) The notice required in
sub. (2) (a) shall contain the electronic Web site address that gives the recipient of the notice direct contact with that Web site.
59.691(5)
(5) A county in issuing a notice under this section shall require that the applicant for the building permit sign a statement acknowledging that the person has received the notice.
59.691 History
History: 2009 a. 373;
2011 a. 32.
59.692
59.692
Zoning of shorelands on navigable waters. 59.692(1)(a)
(a) “Department" means the department of natural resources.
59.692(1)(b)
(b) “Shorelands" means the area within the following distances from the ordinary high-water mark of navigable waters, as defined under
s. 281.31 (2) (d):
59.692(1)(b)1.
1. One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake.
59.692(1)(b)2.
2. Three hundred feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
59.692(1)(bn)
(bn) “Shoreland setback area" means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited under an ordinance enacted under this section.
59.692(1)(c)
(c) “Shoreland zoning standard" means a standard for ordinances enacted under this section that is promulgated as a rule by the department.
59.692(1)(e)
(e) “Structure" means a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit.
59.692(1c)
(1c) To effect the purposes of
s. 281.31 and to promote the public health, safety and general welfare, each county shall zone by ordinance all shorelands in its unincorporated area. This ordinance may be enacted separately from ordinances enacted under
s. 59.69.
59.692(1d)(a)(a) An ordinance enacted under this section may not regulate a matter more restrictively than the matter is regulated by a shoreland zoning standard.
59.692(1d)(b)
(b) Paragraph (a) does not prohibit a county from enacting a shoreland zoning ordinance that regulates a matter that is not regulated by a shoreland zoning standard.
59.692(1f)(a)(a) A county shoreland zoning ordinance may not require a person to do any of the following:
59.692(1f)(a)1.
1. Establish a vegetative buffer zone on previously developed land.
59.692(1f)(b)
(b) A county shoreland zoning ordinance may require a person to maintain a vegetative buffer zone that exists on July 14, 2015, if the ordinance also does all of the following:
59.692(1f)(b)1.
1. Allows the buffer zone to contain a viewing corridor that is at least 35 feet wide for every 100 feet of shoreline frontage.
59.692(1f)(b)2.
2. Allows a viewing corridor to run contiguously for the entire maximum width established under
subd. 1.
59.692(1h)
(1h) If a professional land surveyor licensed under
ch. 443, in measuring a setback from an ordinary high-water mark of a navigable water as required by an ordinance enacted under this section, relies on a map, plat, or survey that incorporates or approximates the ordinary high-water mark in accordance with
s. 236.025, the setback measured is the setback with respect to a structure constructed on that property if all of the following apply:
59.692(1h)(a)
(a) The map, plat, or survey is prepared by a professional land surveyor, licensed under
ch. 443, after April 28, 2016. The same professional land surveyor may prepare the map, plat, or survey and measure the setback.
59.692(1h)(b)
(b) The department has not identified the ordinary high-water mark on its Internet site as is required under
s. 30.102 at the time the setback is measured.
59.692(1k)(a)(a) The department may not impair the interest of a landowner in shoreland property by establishing a shoreland zoning standard, and a county may not impair the interest of a landowner in shoreland property by enacting or enforcing a shoreland zoning ordinance, that does any of the following:
59.692(1k)(a)1.
1. Requires any approval to install or maintain outdoor lighting in shorelands, imposes any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.
59.692(1k)(a)2.
2. Except as provided in
par. (b), requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of a nonconforming structure or a structure of which any part is legally located in the shoreland setback area by operation of a variance granted before July 13, 2015, if the activity does not expand the footprint of the structure.
59.692 Note
NOTE: The cross-reference to par. (b) was changed from subd. 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of 59.692 (1k) (a) 2., as created by
2015 Wis. Act 55.
59.692(1k)(a)2m.
2m. Except as provided in
pars. (b) and
(bm), requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of a structure listed under
sub. (1n) (d) that was legally constructed wholly or partially within the shoreland setback area if the activity does not expand the footprint of the existing structure.
59.692(1k)(a)3.
3. Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.
59.692(1k)(a)4.
4. Requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the vertical expansion of a nonconforming structure or a structure of which any part is legally located in the shoreland setback area by operation of a variance granted before July 13, 2015, unless the vertical expansion would extend more than 35 feet above grade level.
59.692(1k)(a)6.
6. Prohibits placement in a shoreland setback area of a device or system authorized under
par. (a) 5. [
par. (am) 1.]
59.692 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
59.692(1k)(am)
(am) The department may not impair the interest of a landowner in shoreland property by establishing a shoreland zoning standard, and a county may not impair the interest of a landowner in shoreland property by enacting or enforcing a shoreland zoning ordinance, that establishes standards for impervious surfaces unless all of the following apply:
59.692(1k)(am)1.
1. The standards provide that a surface is considered pervious if the runoff from the surface is treated by a device or system, or is discharged to an internally drained pervious area, that retains the runoff on or off the parcel to allow infiltration into the soil.
59.692(1k)(am)2.
2. If the standards allow a greater amount of impervious surface on areas with highly developed shorelines than areas with shorelines that are not highly developed, as determined by the department, the standards also require an area with highly developed shorelines to include at least 500 feet of shoreline and require that one of the following applies:
59.692(1k)(am)2.a.
a. The area is composed of a majority of lots with more than 30 percent impervious surface area, as calculated by the county and approved by the department.
59.692(1k)(am)2.b.
b. The area is composed of a majority of lots that are less than 20,000 square feet in area.
59.692(1k)(b)
(b) A county shoreland zoning ordinance shall allow an activity specified under
par. (a) 2. and
2m. to expand the footprint of a nonconforming structure or a structure listed under
sub. (1n) (d) or a structure of which any part is legally located in the shoreland setback area by operation of a variance granted before July 13, 2015,
if the expansion is necessary for the structure to comply with applicable state or federal requirements.
59.692 Note
NOTE: Par. (b) is shown as affected by
2015 Wis. Acts 167 and
391 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to par. (a) 2. was changed from subd. 1. b. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 59.692 (1k) (a) 1. b., as created by
2015 Wis. Act 55.
59.692(1k)(bm)
(bm) A county shoreland zoning ordinance may prohibit an activity specified under
par. (a) 2m. from expanding a structure listed under
sub. (1n) (d) beyond the 3-dimensional building envelope of the existing structure.
59.692(1k)(c)1.1. Nothing in this section prohibits the department from establishing a shoreland zoning standard that allows the vertical or lateral expansion of a nonconforming structure.
59.692(1k)(c)2.
2. Nothing in this section prohibits a county from enacting a shoreland zoning ordinance that allows the vertical or lateral expansion of a nonconforming structure if the ordinance does not conflict with shoreland zoning standards established by the department.
59.692 Note
NOTE: Sub. (1k) was created as sub. (1k) (a) by
2015 Wis. Act 55 and renumbered to sub. (1k) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
59.692(1n)(a)(a) In this subsection, “setback" means the distance that a shoreland setback area extends from the ordinary high-water mark.
59.692(1n)(am)
(am) Except as provided under
pars. (b),
(bm),
(c), and
(d), a county shoreland zoning ordinance shall establish a setback of 75 feet.
59.692(1n)(b)
(b) Except as provided in
pars. (bm) and
(c), if the closest principal structure in each direction along the shoreline to a proposed principal structure exists on an adjacent lot and within 250 feet of the proposed principal structure and both of the existing principal structures are set back less than 75 feet from the ordinary high-water mark, a county shoreland zoning ordinance shall establish a setback equal to the average of the distances that those structures are set back from the ordinary high-water mark but no less than 35 feet.
59.692(1n)(bm)
(bm) If a principal structure exists on an adjacent lot and within 250 feet of a proposed principal structure in only one direction along the shoreline, is the closest principal structure to the proposed principal structure, and is set back less than 75 feet from the ordinary high-water mark, a county shoreland zoning ordinance may establish a setback equal to the average of 75 feet and the distance that the existing structure is set back from the ordinary high-water mark but no less than 35 feet.
59.692(1n)(c)1.1. Except as provided in
subd. 2., if the closest principal structure in each direction along the shoreline to a proposed principal structure exists on an adjacent lot and within 200 feet of the proposed principal structure and both of the existing principal structures are set back more than 75 feet from the ordinary high-water mark at or farther landward from the setback that was required at the time each structure was built, a county shoreland zoning ordinance may establish a setback equal to the average of the setbacks required for those structures at the time they were built.
59.692(1n)(c)2.
2. Subdivision 1. does not apply if the resulting setback limits the placement of the proposed principal structure to an area on which the structure cannot be built.
59.692(1n)(d)
(d) A county shoreland zoning ordinance may not prohibit the construction of any of the following structures within the 75-foot setback requirement under
par. (am):
59.692(1n)(d)4.
4. A broadcast signal receiver, including a satellite dish, or an antenna that is no more than one meter in diameter and a satellite earth station antenna that is no more than 2 meters in diameter.
59.692(1n)(d)5.
5. A utility transmission line, utility distribution line, pole, tower, water tower, pumping station, well pumphouse cover, private on-site wastewater treatment system that complies with
ch. 145, and any other utility structure for which no feasible alternative location outside of the setback exists and which is constructed and placed using best management practices to infiltrate or otherwise control storm water runoff from the structure.
59.692(1n)(d)6.
6. A walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is no more than 60 inches in width.
59.692(1o)
(1o) The department may not promulgate a standard and a county may not enact an ordinance under this section that prohibits the owner of a boathouse in the shoreland setback area that has a flat roof from using the roof as a deck if the roof has no side walls or screens or from having or installing a railing around that roof if the railing is not inconsistent with standards promulgated by the department of safety and professional services under
ch. 101.
59.692 Note
NOTE: Sub. (1o) was created as sub. (1p) by
2015 Wis. Act 391 and renumbered to sub. (1o) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
59.692(1p)
(1p) This section does not authorize a county to impose a requirement, condition, or restriction on land that is not shoreland within the county.
59.692(1r)
(1r) An ordinance enacted under this section may not prohibit the maintenance of stairs, platforms or decks that were constructed before August 15, 1991, and that are located in any of the following shorelands:
59.692(1r)(a)
(a) The shoreland of Lake Wissota in Chippewa County.
59.692(1r)(b)
(b) The shorelands of Lake Holcombe in Chippewa and Rusk counties.
59.692(1t)
(1t) A county or the department may not commence an enforcement action against a person who owns a building or structure that is in violation of a shoreland zoning standard or an ordinance enacted under this section if the building or structure has been in place for more than 10 years.
59.692(1v)
(1v) A county shall grant special zoning permission for the construction or placement of a structure on property in a shoreland setback area if all of the following apply:
59.692(1v)(a)
(a) The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.
59.692(1v)(b)
(b) The total floor area of all of the structures in the shoreland setback area of the property will not exceed 200 square feet. In calculating this square footage, boathouses shall be excluded.
59.692(1v)(c)
(c) The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.
59.692(1v)(d)
(d) The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water.
59.692(2)(a)(a) Except as otherwise specified, all provisions of
s. 59.69 apply to ordinances and their amendments enacted under this section whether or not enacted separately from ordinances enacted under
s. 59.69, but the ordinances and amendments shall not require approval or be subject to disapproval by any town or town board.
59.692(2)(b)
(b) If an existing town ordinance relating to shorelands is more restrictive than an ordinance later enacted under this section affecting the same shorelands, it continues as a town ordinance in all respects to the extent of the greater restrictions, but not otherwise.
59.692(2)(bm)
(bm) If a town ordinance enacted by a town that is located entirely on an island in Lake Superior and authorized to exercise village powers under
s. 60.22 (3) is more restrictive than an ordinance enacted under this section affecting the same shorelands, regardless of the order of enactment, the town ordinance applies in all respects to the extent of the greater restrictions, but not otherwise.
59.692(2)(c)
(c) Ordinances that are enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting counties, so far as practicable.
59.692(2m)
(2m) A county shoreland zoning ordinance may not regulate the construction of a structure on a substandard lot in a manner that is more restrictive than the shoreland zoning standards for substandard lots.
59.692(3)
(3) All powers granted to a county under
s. 236.45 may be exercised by it with respect to shorelands, but the county must have or provide a planning agency as defined in
s. 236.02 (3).
59.692(4)(a)(a) Section 66.0301 applies to this section, except that for the purposes of this section an agreement under
s. 66.0301 shall be effected by ordinance. If the municipalities as defined in
s. 281.31 are served by a regional planning commission under
s. 66.0309, the commission may, with its consent, be empowered by the ordinance of agreement to administer each ordinance enacted hereunder throughout its enacting municipality, whether or not the area otherwise served by the commission includes all of that municipality.
59.692(4)(b)
(b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under
s. 59.694, and the procedures of that section apply. Notwithstanding
s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.
59.692(5)
(5) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under
s. 59.69 that relate to shorelands.
