Section 117.06. Department duties.

 

(1)   Assistance to cities and villages. To the full extent of its available resources, the department shall provide advice and assistance to cities and villages in the development, adoption, administration and enforcement of shoreland-wetland zoning ordinances and amendments to existing ordinances or zoning codes, seeking the highest practicable degree of uniformity consistent with the shoreland protection objectives in s. 281.31 , Stats. As a part of this effort, the department shall prepare model shoreland-wetland zoning ordinances which cities and villages may use in meeting the requirements of ss. 62.231 and 61.351 , Stats., and this chapter.

(2)   Review and approval of shoreland-wetland zoning ordinances.

(a) Compliance with requirements of s. 62.231 or 61.351 , Stats., will be determined by the department by comparing the shoreland-wetland zoning regulations which have been adopted by a city or village with the minimum standards for shoreland-wetland zoning regulations contained in s. NR 117.05 . The department shall issue a certificate of compliance when a city or village has, in the opinion of the department, complied with s. 62.231 or 61.351 , Stats., and this chapter.

(b) The department shall review all proposed amendments to shoreland-wetland zoning regulations under s. NR 117.05 (4) (e) , to ensure that an ordinance or zoning code which is amended as proposed will retain its status of compliance with s. 62.231 or 61.351 , Stats., and this chapter.

(3)   Determination of noncompliance. Cities and villages which do not have shoreland-wetland zoning regulations in effect within 6 months after receipt of final wetland inventory maps for that city or village shall be deemed to be in noncompliance with s. 62.231 or 61.351 , Stats., and this chapter. Cities and villages which have shoreland-wetland zoning regulations that do not meet the minimum standards contained in s. NR 117.05 shall also be deemed to be in noncompliance with the requirements of s. 62.231 or 61.351 , Stats., and this chapter. If a city or village fails to adopt an ordinance or modify its existing ordinance or zoning code to meet the minimum standards in s. NR 117.05 within 6 months after receipt of final wetland inventory maps for that city or village, the department shall adopt an ordinance or amendment to an existing ordinance or zoning code for the city or village after notice and hearing under s. 62.231 or 61.351 , Stats. All costs for such action by the department shall be borne by the noncomplying city or village.

(4)   Monitoring.

(a) It is the responsibility of the department to:

1. Monitor the administration and enforcement of city and village shoreland-wetland zoning regulations in order to fulfill the state's role as trustee of navigable waters.

2. The department shall periodically reevaluate city and village shoreland-wetland zoning regulations to ascertain continuing compliance with s. NR 117.05 . Every city and village shall keep its shoreland-wetland zoning regulations current, effective and enforceable to retain its status of compliance.

(b) The department may initiate enforcement under s. 87.30 (2) , Stats. , if it finds that a city or village has not adequately enforced its shoreland-wetland zoning regulations.

History: Cr. Register, November, 1983, No. 335 , eff. 12-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526 .