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LRBs0348/1
EHS:amn
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 603
February 16, 2016 - Offered by Senators Bewley, Miller, Vinehout, Ringhand, C.
Larson
, L. Taylor, Carpenter, Wirch, Hansen, Lassa, Shilling, Risser and
Erpenbach.
AB603-SSA1,1,6 1An Act to repeal 59.692 (1) (e), 59.692 (1d), 59.692 (1f), 59.692 (1k) and 59.692
2(5m); to renumber 59.692 (1c); to amend 59.692 (1) (bn), 59.692 (4) (b), 61.353
3(3) (intro.) and 62.233 (3) (intro.); to repeal and recreate 59.692 (2m) and
4281.31 (2m); and to create 59.692 (1t), 61.353 (3) (cm), 61.353 (3) (dm), 62.233
5(3) (cm) and 62.233 (3) (dm) of the statutes; relating to: standards and
6ordinances regulating shoreland zoning.
Analysis by the Legislative Reference Bureau
This substitute amendment eliminates the changes to the laws regulating
shoreland zoning that were made under the 2015-17 biennial budget act, 2015
Wisconsin Act 55
(Act 55).
Current law requires a county to enact shoreland zoning ordinances for all
shorelands in its unincorporated area and requires those ordinances to meet
shoreland zoning standards established by the Department of Natural Resources
(DNR) by rule. Current law generally defines a shoreland to be an area within a
specified distance from the edge of a navigable water.
Act 55 made various changes to the laws regulating shoreland zoning including
the following:

1. Prohibiting a county shoreland zoning ordinance from regulating a matter
more restrictively than the matter is regulated by a shoreland zoning standard
promulgated by DNR.
2. Prohibiting a shoreland zoning ordinance from requiring a person to
establish a vegetative buffer zone on previously developed land or expand an existing
buffer zone.
3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to
contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline
frontage and to allow the corridor to run contiguously for the entire maximum
allowable width.
4. Prohibiting DNR from establishing shoreland zoning standards and
prohibiting counties from enacting shoreland zoning ordinances that regulate
certain outdoor lighting, that regulate certain construction activities with respect to
nonconforming structures, and that impose certain standards for impervious
surfaces.
5. Allowing certain maintenance and repair of nonconforming structures in
shorelands that are accessory structures such as garages, sheds, sidewalks, and
patios.
6. Generally requiring city and village shoreland zoning ordinances that apply
to certain shorelands that were annexed or incorporated by the city or village to be
consistent with the requirements and limitations applicable to county shoreland
zoning ordinances.
7. Prohibits DNR from appealing a decision of a county to grant or deny a
variance to a law regulating county shoreland zoning.
This substitute amendment eliminates the changes to the law made by Act 55
so that the law is consistent with pre-Act 55 law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB603-SSA1,1 1Section 1. 59.692 (1) (bn) of the statutes, as affected by 2015 Wisconsin Act
255
, is amended to read:
AB603-SSA1,2,63 59.692 (1) (bn) "Shoreland setback area" means an area in a shoreland that is
4within a certain distance of the ordinary high-water mark in which the construction
5or placement of buildings or structures has been limited or prohibited under an
6ordinance enacted under this section.
AB603-SSA1,2 7Section 2. 59.692 (1) (e) of the statutes, as created by 2015 Wisconsin Act 55,
8is repealed.
AB603-SSA1,3
1Section 3. 59.692 (1c) of the statutes, as affected by 2015 Wisconsin Act 55, is
2renumbered 59.692 (1m).
AB603-SSA1,4 3Section 4. 59.692 (1d) of the statutes, as created by 2015 Wisconsin Act 55, is
4repealed.
AB603-SSA1,5 5Section 5. 59.692 (1f) of the statutes, as created by 2015 Wisconsin Act 55, is
6repealed.
AB603-SSA1,6 7Section 6. 59.692 (1k) of the statutes, as created by 2015 Wisconsin Act 55, is
8repealed.
AB603-SSA1,7 9Section 7. 59.692 (1t) of the statutes is created to read:
AB603-SSA1,3,1510 59.692 (1t) (a) Restrictions that are applicable to damaged or destroyed
11nonconforming structures and that are contained in an ordinance enacted under this
12section may not prohibit the restoration of a nonconforming structure if the structure
13will be restored to the size, subject to par. (b), location and use that it had
14immediately before the damage or destruction occurred or impose any limits on the
15costs of the repair, reconstruction or improvement if all of the following apply:
AB603-SSA1,3,1716 1. The nonconforming structure was damaged or destroyed after October 14,
171997.
AB603-SSA1,3,1918 2. The damage or destruction was caused by violent wind, vandalism, fire,
19flood, ice, snow, mold, or infestation.
AB603-SSA1,3,2320 (b) An ordinance enacted under this section to which par. (a) applies shall allow
21for the size of a structure to be larger than the size it was immediately before the
22damage or destruction if necessary for the structure to comply with applicable state
23or federal requirements.
AB603-SSA1,8 24Section 8. 59.692 (2m) of the statutes, as affected by 2015 Wisconsin Act 55,
25is repealed and recreated to read:
AB603-SSA1,4,1
159.692 (2m) (a) In this subsection:
AB603-SSA1,4,42 1. "Development regulations" means the part of a shoreland zoning ordinance
3enacted under this section that applies to elements including setback, height, lot
4coverage, and side yard.
AB603-SSA1,4,85 2. "Nonconforming structure" means a dwelling or other building that existed
6lawfully before the current zoning ordinance was enacted or amended, but that does
7not conform with one or more of the development regulations in the current
8shoreland zoning ordinance.
AB603-SSA1,4,109 (b) A county may not enact, and a county, city, or village may not enforce, a
10provision in a county shoreland zoning ordinance that does any of the following:
AB603-SSA1,4,1411 1. Regulates the location, maintenance, expansion, replacement, repair, or
12relocation of a nonconforming structure if that provision is more restrictive than the
13shoreland zoning standards for nonconforming structures promulgated by the
14department under this section.
AB603-SSA1,4,1715 2. Regulates the construction of a structure or building on a substandard lot
16if that provision is more restrictive than the shoreland zoning standards for
17substandard lots promulgated by the department under this section.
AB603-SSA1,9 18Section 9. 59.692 (4) (b) of the statutes, as affected by 2015 Wisconsin Act 55,
19is amended to read:
AB603-SSA1,4,2520 59.692 (4) (b) Variances and appeals regarding shorelands within a county are
21for the board of adjustment for that county under s. 59.694, and the procedures of
22that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
23a decision of the county to grant or deny a variance under this section but may, upon
24the request of a county board of adjustment, issue an opinion on whether a variance
25should be granted or denied.
AB603-SSA1,10
1Section 10. 59.692 (5m) of the statutes, as created by 2015 Wisconsin Act 55,
2is repealed.
AB603-SSA1,11 3Section 11. 61.353 (3) (intro.) of the statutes, as affected by 2015 Wisconsin
4Act 55
, is amended to read:
AB603-SSA1,5,75 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
6and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
7and (1k) and shall
include at least all of the following provisions:
AB603-SSA1,12 8Section 12. 61.353 (3) (cm) of the statutes is created to read:
AB603-SSA1,5,129 61.353 (3) (cm) 1. A provision requiring a person who owns shoreland property
10that contains vegetation to maintain that vegetation in a vegetative buffer zone
11along the entire shoreline of the property and extending 35 feet inland from the
12ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB603-SSA1,5,1613 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
14or diseased vegetation, the owner of the shoreland property may remove the
15vegetation, except that if the owner removes all of the vegetation in the vegetative
16buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
AB603-SSA1,13 17Section 13. 61.353 (3) (dm) of the statutes is created to read:
AB603-SSA1,5,2218 61.353 (3) (dm) A provision allowing a person who is required to maintain or
19establish a vegetative buffer zone under par. (cm) to remove all of the vegetation in
20a part of that zone in order to establish a viewing or access corridor that is no greater
21than 30 feet wide for every 100 feet of shoreline frontage and that extends no more
22than 35 feet inland from the ordinary high-water mark.
AB603-SSA1,14 23Section 14. 62.233 (3) (intro.) of the statutes, as affected by 2015 Wisconsin
24Act 55
, is amended to read:
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