Section 115.06. Department duties.

 

(1)   Assistance to counties. To the full extent of its available resources, the department shall provide advice and assistance to counties in the development, adoption, administration and enforcement of their shoreland zoning and land division ordinances, seeking the highest practicable degree of uniformity consistent with the shoreland protection objectives found in s. 281.31 , Stats. As a part of this effort, the department shall prepare a model shoreland zoning ordinance which counties may use in meeting the requirements of s. 59.692 , Stats., and this chapter.

(2)   Review and approval of shoreland zoning and land division ordinances. When determining whether a shoreland zoning or subdivision ordinance or any subsequent amendment enacted by a county complies with s. 59.692 , Stats., the department shall compare the ordinance and amendments with the minimum standards and requirements for shoreland regulation in this chapter.

(a) Initial ordinance. The department shall issue a certificate of compliance when a county has, in the opinion of the department, complied with s. 59.692 , Stats., and this chapter.

(b) Amendments to ordinance. The department and each county shall assure that the county shoreland ordinance continues to comply with this chapter by doing the following:

1. `County duties.' A county shall keep its shoreland zoning and subdivision ordinances in compliance with s. 59.692 , Stats., and this chapter by doing all of the following:

a. A county shall a m end its shoreland and subdivi s ion ordinances to m eet the m ini m um standards in this chapter within two y ears after October 1, 2014.

b. Pursuant to s. NR 115.05 (4) (h) and (hm) , a county shall provide the department notice of hearing on any proposed ordinance amendment and a copy of any decision denying or enacting an amendment.

2. `Department duties.'

a. The department may periodically reevaluate county shoreland zoning and subdivision ordinances for continuing compliance with s. 59.692 , Stats., and this chapter.

b. The department shall review any ordinance amendment enacted pursuant to subd. 1. a. and shall issue a certificate of compliance when the amended ordinance, in the opinion of the department, complies with s. 59.692 , Stats., and this chapter.

(c) Proposed amendments to shoreland-wetland districts. The department shall review all proposed amendments to shoreland-wetland zoning districts pursuant to s. NR 115.04 (2) to determine whether an ordinance which is amended as proposed will comply with s. 59.692 , Stats., and this chapter.

(3)   Determination of noncompliance.

(a) Failure to enact initial ordinance or amendments. A county that does not have a shoreland zoning ordinance and subdivision ordinance in effect or that fails to amend its ordinance as required by sub. (2) (b) 1. shall be deemed to be in noncompliance with s. 59.692 , Stats., and this chapter. Pursuant to s. 59.692 (6) , Stats., and after notice and hearing, the department shall adopt an ordinance if a county fails to do one of the following:

1. Draft and enact shoreland and subdivision ordinances or required amendments within a time period specified by the department.

2. Contract with a consultant to draft the shoreland and subdivision ordinances or required amendments and enact the ordinances within a time period specified by the department.

3. Cooperate with department staff to draft shoreland and subdivision ordinances or required amendments to be enacted by the county within a time period specified by the department not to exceed 180 days.

(b) Failure to meet minimum standards in initial ordinance or amendments. Counties which have shoreland zoning and subdivision ordinances or amendments that the department has reviewed under sub. (2) and found do not meet the minimum standards in this chapter shall be deemed to be in noncompliance with the requirements of s. 59.692 , Stats., and this chapter, and the procedures in par. (a) shall apply. If a county fails to modify its ordinance to meet the minimum standards within 6 months after receipt of final amended Wisconsin wetland inventory maps for that county as required by s. NR 115.04 (2) (b) , the department shall adopt an ordinance for the county, after notice and hearing, pursuant to s. 59.692 (6) , Stats.

(c) Extension of time. The department may extend the time periods specified in pars. (a) and (b) if it determines an extension is in the public interest.

(d) Costs. Pursuant to ss. 59.692 (6) and 87.30 (1) (c) , Stats., the costs of any actions by the department under this subsection to adopt an ordinance or amendments shall be assessed against the county concerned and collected in substantially the same manner as other taxes levied by the state.

(4)   Monitoring. It is the responsibility of the department, to aid in the fulfillment of the state's role as trustee of its navigable waters, to monitor the administration and enforcement of shoreland zoning and land division ordinances. In so doing, the department:

(a) Shall review decisions granting special exceptions (conditional uses), variances and appeals to ensure compliance with the applicable shoreland zoning ordinances and this chapter;

(b) May appeal the actions of county zoning officials to county boards of adjustment, under s. 59.694 (4) , Stats.; and

(c) May seek court review of the decisions of boards of adjustment, under s. 59.694 (10) , Stats.

History: Cr. Register, July, 1980, No. 295 , eff. 8-1-80; am. (3) (b), Register, October, 1980, No. 298 , eff. 11-1-80; corrections in (1), (2) (a) and (c), (3) (a) (intro.) and (b), (4) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532 ; CR 05-058 : am. (2) and (3) Register January 2010 No. 649 , eff. 2-1-10; CR 13-051 : am. (2) (b) 1. a. Register September 2014 No. 705 , eff. 10-1-14.

Note

On September 12, 2010, the Secretary of the Department of Natural Resources signed an executive order extending the date by which a county must adopt or amend shoreland and subdivision ordinances to meet the revised standards in ch. NR 115 . The date was extended to February 1, 2014. Microsoft Windows NT 6.1.7601 Service Pack 1