61.353(1)(1)In this section:
61.353(1)(a)(a) “Principal building” means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.
61.353(1)(b)(b) “Shorelands” has the meaning given in s. 59.692 (1) (b).
61.353(1)(c)(c) “Shoreland setback area” has the meaning given in s. 59.692 (1) (bn).
61.353(2)(2)Every village shall, on or before July 1, 2014, enact an ordinance that applies to all of the following shorelands:
61.353(2)(a)(a) A shoreland that was annexed by the village after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under s. 59.692.
61.353(2)(b)(b) For a village that incorporated after April 30, 1994, under s. 66.0203, 66.0211, or 66.0213, a shoreland that before incorporation by the village was part of a town that was subject to a county shoreland zoning ordinance under s. 59.692.
61.353(3)(3)A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692 (1d), (1f), and (1k) and shall include at least all of the following provisions:
61.353(3)(a)(a) A provision establishing a shoreland setback area of at least 50 feet from the ordinary high-water mark, except as provided in par. (b).
61.353(3)(b)(b) A provision authorizing construction or placement of a principal building within the shoreland setback area established under par. (a) if all of the following apply:
61.353(3)(b)1.1. The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.
61.353(3)(b)2.2. The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
61.353(5)(5)Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals, and conditions imposed under the ordinance that were applicable, prior to annexation, to any shoreland annexed by a village after May 7, 1982, continue in effect until the effective date of an ordinance enacted by the village under sub. (2).
61.353(6)(6)Provisions of a county shoreland zoning ordinance under s. 59.692 and any regulations, approvals and conditions imposed under the ordinance that were applicable prior to incorporation to any shoreland that is part of a town that incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994, continue in effect until the effective date of an ordinance enacted by the village under sub. (2).
61.353(7)(7)An ordinance enacted under sub. (2) does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or stormwater retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.
61.353 HistoryHistory: 2013 a. 80; 2015 a. 55; 2023 a. 264.
61.35461.354Construction site erosion control and storm water management zoning.
61.354(1)(1)Definition. As used in this section, “department” means the department of natural resources.
61.354(2)(2)Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35. An ordinance enacted under this subsection is subject to the strict conformity requirements under s. 281.33 (3m).
61.354(4)(4)Applicability of village zoning provisions.
61.354(4)(a)(a) Except as otherwise specified in this section, s. 61.35 applies to any ordinance or amendment to an ordinance enacted under this section.
61.354(4)(b)(b) Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of appeals or similar agency for that village. To the extent specified under s. 61.35, procedures under s. 62.23 (7) (e) apply to these determinations.
61.354(4)(c)(c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 61.35 that relate to construction site erosion control at sites described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.
61.354(5)(5)Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting villages, so far as practicable.
61.354(6)(6)Applicability of local subdivision regulation. All powers granted to a village under s. 236.45 may be exercised by it with respect to construction site erosion control at sites described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the village has or provides a planning commission or agency.
61.354(7)(7)Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under s. 281.33 (2).
61.354(8)(8)Intergovernmental cooperation.
61.354(8)(a)(a) Except as provided in par. (c), s. 66.0301 applies to this section, but for the purposes of this section any agreement under s. 66.0301 shall be effected by ordinance.
61.354(8)(b)(b) If a village is served by a regional planning commission under s. 66.0309 and if the commission consents, the village may empower the commission by ordinance to administer the ordinance enacted under this section throughout the village, whether or not the area otherwise served by the commission includes all of that village.