Shoreland Zoning Changes

Here is a list of the changes to shoreland zoning under the 2015-17 state budget that passed earlier this year.

1. Counties no longer allowed to exceed state shoreland zoning standards: Before this change in law, counties were required to enact a shoreland zoning ordinance that at least met the minimum shoreland zoning standards (as set by DNR in NR115), but had the option of going beyond those standards. This option was used by a number of counties, including those that adopted a system of “lake classification,” in which lakes were assigned to different classes, each of which had a different set of shoreland zoning standards. In addition, any existing ordinance provisions that are stronger than the NR115 standards are unenforceable.

2. Limits on vegetative buffer requirements: Under the new law, county shoreland zoning ordinances cannot:
3. a) Require the establishment of a vegetative buffer zone on previously developed land, or
4. b) Require the expansion of an existing vegetative buffer zone. Counties may, however, require maintenance of a buffer that existed on the date the budget was passed, so as long as the shoreland zoning ordinance allows a 35’ wide viewing corridor for every 100’ of shoreline, and the total viewing corridor is allowed to be in a single opening (e.g., a 200’ shoreline could have a 70’ viewing corridor).

3. Non-conforming structures: The statute limits the state from enacting standards or counties from enacting shoreland zoning provisions on several matters regarding non-conforming structures (NCS). “Non-conforming structures” are structures that were lawfully in place prior to the passage of a shoreland zoning ordinance that do not comply with the standards in the ordinance (e.g., a storage shed in the shoreline setback area).
4. a) No approval, fee, or mitigation for reconstruction. An approval process, a fee, and a mitigation requirement would no longer be allowed for a landowner to conduct maintenance, repair, replace, restore, rebuild or remodel a non-conforming structure, so long as the work does not expand the footprint of the non-conforming structure.
5. b) No approval, fee, or mitigation for vertical expansion: Non-conforming structures may be expanded vertically without requirement for approval, fee, or mitigation up to 35 feet above grade level.
6. c) Vertical or lateral expansion standards: The law says the state can enact standards, or counties can enact ordinances, that allow for vertical or lateral expansion of a non-conforming structure, so long as they do not conflict with shoreland zoning standards established by DNR. Currently, the NR115 standard related to height prohibits a county from approving any construction “that results in a structure taller than 35 feet within 75 feet of the ordinary high water mark of any navigable waters.”

4. Other items:
5. a) Definition of “structure”: The term “structure” is now defined in the shoreland zoning statute as “a principal structure or any accessory structure, including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or fire pit.” It should be noted that this list is not exhaustive, but simply provides examples of constructions that would be considered a “structure.”
6. b) No restriction on outdoor lighting: No standard or ordinance can “Require any approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands or otherwise prohibit or regulate outdoor lighting in shorelands if the lighting is designed or intended for residential use.”
7. c) No review of property upon sale or transfer: No standard or ordinance may require inspection or upgrade of a structure before the sale or other transfer of the structure may be made.
8. d) Limitations of what is considered an “impervious surface”: Counties are no longer allowed to count as impervious surfaces those that are treated or drain to a pervious space to allow the runoff to infiltrate the soil as part of the impervious surfaces allowed on the parcel. Those impervious areas are therefore not part of the calculation of the percentage of impervious surface on the parcel.
9. e) No DNR appeal of a variance decision: DNR may not appeal a decision of the county board of adjustment to grant or deny a variance under shoreland zoning, but may express an opinion if asked by the county board of adjustment.

Source: Wisconsin Lakes Association