Indian persons receiving relief under sec. 49.046, Stats., and participating in a Work Experience Program under sec. 49.047, Stats., are not automatically covered by the Worker's Compensation Law. 70-111
Natural Resources Board member
Worker's compensation coverage exists for members of the Natural Resources Board, who are injured while in transit to or from a board meeting, regardless of whether their transportation to such meeting is furnished by the Department of Natural Resources. (Unpub.). 49-1985
Police
A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24(1), Stats. Where duly impressed he is entitled to workmen's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the State and probably would not be entitled to workmen's compensation from the State. 62-38
Rescue Unit volunteers
County is liable for the negligent acts of Rescue Unit volunteers gratuitously performing service for the county, and is liable to such volunteers for workmen's compensation when the unit has not insured its liability for compensation to them. 64-193
Second injury fund"
Payment of the "supplemental benefit" of sec. 102.44(1), Stats., as created by Wis. Const. art. IV, sec. 26. The "second injury fund" is not impressed with a constructive trust which prevents its use for payment of such "supplemental benefits." 62-69
Supplemental benefit"
Payment of the "supplemental benefit" of sec. 102.44(1), Stats., as created by Wis. Const. art. IV, sec. 26. The "second injury fund" is not impressed with a constructive trust which prevents its use for payment of such "supplemental benefits." 62-69
Welfare fraud clients as county employes
Probationers who provide child-care services under a state-run program as a condition of their probation are not agents of the State for purposes of indemnity, but they are county employes for purposes of worker's compensation. 75-43
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YOUTHFUL OFFENDERS ACT
Firearms
Persons who previously received dispositions under the repealed Youthful Offenders Act are not precluded from possessing firearms under sec. 941.29, Stats.. 71-217
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ZONING
Agricultural districts
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclusive agricultur
Agricultural zoning, revocation of
The Land Conservation Board has authority to prospectively revoke an exclusive agricultural zoning ordinance certification granted under sections 91.06 and 91.78, Stats. Notice and an opportunity to be heard must be afforded to the local zoning authority and to landowners who might be affected by a decertification decision. If a decision to decertify is made, only those lands which are rezoned are subject to the lien and property tax credit recapture provisions of section 91.77(2). 74-78
Artificial ditch
Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. 63-57
Community living arrangements
See also Foster homes
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclusive agricultur
Condominium
Unless a condominium under ch. 703, Stats., actually involves a division of land, or successive divisions of land, it is not subject to the land platting and subdivision approval requirements of ch. 236, Stats. The extent to which local governments may vary the terms of secs. 236. 16(1) and (2) and 236.20(4)(d), Stats., by ordinance, discussed. 64-175
County Board of Adjustment
The extent to which sec. 59.99, Stats., authorizes the County Board of Adjustment to grant zoning variances and review decisions of the County Planning and Zoning Committee, discussed. 69-146
County ordinances
An amendment to a county zoning ordinance which adds a new zoning district to that ordinance does not necessarily constitute a comprehensive revision requiring town board approval of the entire county zoning ordinance under the provisions of section 59.97(5)(d), Stats. 81-98
1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an interim extraterritorial zoning ordinance are handled by the city or village. 5. Administration of extraterritorial zoning is by the city or village. 6. The joint extraterritorial zoning committee continues to exist after adoption of the comprehensive extraterritorial zoning ordinance. 67-238
The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290
County planning and zoning agency
Committee of the County Board acting as county planning and zoning agency pursuant to secs. 59.025(3)(c), 59.06 and 59.97(2)(a), Stats., rather than County Executive, has power to appoint director for planning and zoning. (Unpub.). 14-1983
County shoreland zoning
County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23(7a), Stats. Sections 59.971, 62.23(7), 62.23(7a) and 144.26, discussed. Municipal extraterritorial zoning within shorelands is effective insofar as it is consistent with, or more restrictive than, the county shoreland zoning regulations. 63-69
County zoning
County zoning under sec. 59 97(9), Stats., is only effective during the period of county ownership and such zoning terminates on transfer of ownership. (Unpub.).... 71-1976
Under the provisions of sec. 59.97(5)(c), Stats., town board approval of a comprehensive county zoning ordinance must extend to such ordinance in its entirety and may not extend only to parts of such ordinance. 63-199
Countywide comprehensive zoning ordinance
A county which has enacted a countywide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting any town from the operation of such ordinance. 67-197
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
Driveway installation
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
Flood control
County floodplain zoning ordinances may be adopted under the authority of sec. 59.971, Stats. Such ordinances will not require the approval of town boards in order to become effective within the unincorporated areas of the county. County floodplain zoning ordinances adopted by the Department of Natural Resources pursuant to sec. 87.30, Stats., do not need approval of the town boards in order to become effective within all unincorporated areas of the county. 62-264
Foster homes
A local zoning ordinance which limits occupation of single family dwellings to one or more persons related by blood, adoption or marriage or not more than two unrelated persons while valid on its face, is unenforceable against a licensed foster home. Said license, whether granted directly or indirectly by the State, is an exercise of the sovereign power of the State and is immune from local zoning regulations. 66-342
Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the zoning conflicts with the Department's possessory use of property for purposes contemplated by ch. 48, Stats. However, immunity for leased facilities is subject to sec. 13.48(13), Stats., as amended by ch. 90, sec. 2, Laws of 1973. Section 48.64, Stats., agreements between the Department and proprietors of foster homes do not serve to immunize the proprietor's property from local zoning. County agencies providing child welfare services do not have authority to lease real property for foster home use. The Department may assert its immunity from local zoning for property it acquires a possessory interest in by virtue of a sublease pursuant to sec. 48.52(2), Stats. Property leased by the Department pursuant to sec. 48.52(2), Stats., is not rendered ex
Foster homes owned, operated or contracted for by the Department of Health and Social Services or a county agency are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. Zoning ordinances utilizing definitions of "family" to restrict the number of unrelated persons who may live in a single dwelling are of questionable constitutionality. 63-34
Group homes
See Community living arrangements; Foster homes
Indians
The Lac du Flambeau Indian Tribe has exclusive authority to zone Indian land, and has concurrent jurisdiction with the State to zone private property within the Tribe's reservation boundaries unless county zoning would infringe on tribal self-government. 71-191
Local ordinances
