Section 50.58. Shoreland management; ordinance.

 

(1)   General. A county, city, village, or town may adopt or amend a shoreland management ordinance under s. 92.17 , Stats., with department approval.

(2)   Contents. An ordinance adopted under s. 92.17 , Stats., shall include all of the following provisions:

(a) The authority of the county, city, village, or town to adopt the ordinance.

(b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

(c) Definitions of significant terms used in the ordinance.

(d) A description of the activities and geographical areas regulated under the ordinance, including maps of the areas at a scale of 1:24,000 (one inch per 2,000 feet) or larger.

(e) Soil and water resource management practices or compliance standards required under the ordinance.

(f) Procedures for developing and approving conservation plans, if required under the ordinance.

(g) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

(h) Provisions, if any, related to the initial applicability and severability of the ordinance.

(i) The effective date of the ordinance.

(3)   County review. Before a county, city, village, or town adopts or amends a shoreland management ordinance under s. 92.17 , Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

(4)   Department approval.

(a) A county, city, village, or town may submit a proposed ordinance or amendment for department approval under sub. (1) . Except as provided in par. (c) , the county, city, village, or town shall submit all of the following with the proposed ordinance or amendment:

1. County comments under sub. (3) , if any.

2. A description of any public hearings held on the proposal, and a brief summary of hearing comments if any.

3. A statement, by an attorney authorized to practice law in this state, saying that the attorney has reviewed the ordinance or amendment for compliance with applicable law under chs. 59 to 68 , Stats.

(b) Except as provided in par. (c) , the department shall consult with DNR and the LWCB before approving a proposed ordinance or amendment under sub. (1) . The department may approve a proposed ordinance or amendment subject to conditions specified by the department. If the department disapproves a proposed ordinance or amendment, it shall give written notice specifying its reasons.

(c) The department may approve a proposed ordinance amendment without consulting DNR or the LWCB, and without reviewing any information under par. (a) , if the department finds that the amendment involves no significant legal or policy issues.

(d) The department may approve a shoreland management ordinance or amendment proposed under s. 92.17 , Stats., if the department finds that the ordinance or amendment is consistent with this chapter and conforms to guidelines adopted by the department under s. 92.17 , Stats.

(e) Whenever a county, city, village, or town adopts a shoreland management ordinance under s. 92.17 , Stats., the county, city, village, or town shall file a certified copy of the adopted ordinance with the department.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02.

Note

This subsection does not limit the authority of a county, city, village, or town to adopt a shoreland management ordinance under other applicable law. Microsoft Windows NT 6.1.7601 Service Pack 1 DNR reviews shoreland management ordinances and amendments to determine whether they conflict with shoreland and shoreland-wetland zoning rules administered by the DNR under chs. NR 115 and 117 . Microsoft Windows NT 6.1.7601 Service Pack 1