NR 115.05(1)(g)6.e.
e. The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the county register of deeds.
NR 115.05 Note
Note: Other provisions include requirements such as height and impervious surface limitations.
NR 115.05 Note
Note: Effective April 17, 2012,
2011 Wisconsin Act 170 created s.
59.692 (2m), Stats., which prohibits a county from enacting, and a county, city, or village from enforcing, any provision in a county shoreland or subdivision ordinance that regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming building if the provision is more restrictive than the standards for nonconforming buildings under ch.
NR 115.
NR 115.05(2)
(2) Establishment of land division review. Each county shall review, pursuant to s.
236.45, Stats., all land divisions in shoreland areas which create 3 or more parcels or building sites of 5 acres each or less within a 5-year period. In such review all of the following factors shall be considered:
NR 115.05(2)(a)
(a) Hazards to the health, safety or welfare of future residents.
NR 115.05(2)(e)
(e) Conformity to state law and administrative code provisions.
NR 115.05(3)
(3) Establishment of sanitary regulations. Each county shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
NR 115.05(3)(a)
(a) Where public water supply systems are not available, private well construction shall be required to conform to ch.
NR 812.
NR 115.05(3)(b)
(b) Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall, prior to July 1, 1980, be required to comply with ch.
SPS 383, and after June 30, 1980, be governed by a private sewage system ordinance adopted by the county under s.
59.70 (5), Stats.
NR 115.05(4)
(4) Adoption of administrative and enforcement provisions. The shoreland ordinance adopted by each county shall require all of the following:
NR 115.05(4)(a)
(a) The appointment of an administrator and such additional staff as the workload may require.
NR 115.05(4)(b)
(b) The creation of a zoning agency, as authorized by s.
59.69, Stats., a board of adjustment, as authorized by s.
59.694, Stats., and a county planning agency, as defined in s.
236.02 (1), Stats., and required by s.
59.692 (3), Stats.
NR 115.05(4)(c)
(c) A system of permits for all new construction, development, reconstruction, structural alteration or moving of buildings and structures. A copy of all applications shall be required to be filed in the office of the county zoning administrator.
NR 115.05(4)(d)
(d) Regular inspection of permitted work in progress to insure conformity of the finished structures with the terms of the ordinance.
NR 115.05(4)(e)
(e) A variance procedure which authorizes the board of adjustment to grant such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, as long as the granting of a variance does not have the effect of granting or increasing any use of property which is prohibited in that zoning district by the shoreland zoning ordinance.
NR 115.05(4)(f)
(f) A special exception (conditional use) procedure for uses presenting special problems.
NR 115.05(4)(g)
(g) The county shall keep a complete record of all proceedings before the board of adjustment, zoning agency and planning agency.
NR 115.05(4)(h)
(h) Written
notice
to the appropriate
regional
office
of the
depart
ment
at least
10 da
ys prior to a
ny
hearing
on a propo
sed
variance,
special
exception
or conditional
use
per
mit,
appeal
for a
map
or text
interpretation,
map
or text
a
mend
ment,
and
copies
of all proposed
land divi
sions
sub
mitted
to the coun
ty
for review
under
sub.
(2).
NR 115.05(4)(hm)
(hm) Sub
mission
to the
appropriate
regional
office
of the
depart
ment,
within 10 da
ys after
grant or denial,
copies
of a
ny
decision
on a variance,
special
exception
or conditional
use
per
mit,
or appeal
for a
map
or text interpretation,
and
any
decision
to a
mend
a
map
or text of an ordinance.
NR 115.05(4)(i)
(i) Mapped zoning districts and the recording, on an official copy of such map, of all district boundary amendments.
NR 115.05(4)(j)
(j) The establishment of appropriate penalties for violations of various provisions of the ordinance, including forfeitures. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in s.
59.69 (11), Stats.
NR 115.05(4)(k)
(k) The prosecution of violations of the shoreland ordinance.
NR 115.05 History
History: Cr.
Register, July, 1980, No. 295, eff. 8-1-80; r. and recr. (2) (a) 3., am. (2) (a) 6., (2) (c) 3., 5., 7., 9., 10., (3) (d), (3) (e) 1. and cr. (2) (c) 11. and 12.,
Register, October, 1980, No. 298, eff. 11-1-80; correction in (5) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1995, No. 477; corrections in (2) (a) 1., (b) 2., (d), (e) 1. to 4. (intro.), 8. and 9., (3) (e) 1., (5) (b), (6) (b) and (j) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2000, No. 532;
CR 05-058: am. (title), r. (1) and (2), renum. (3) to (6) to be (1) to (4) and am. (1), (2) (intro.), (4) (intro.) and (h), cr. (4) (hm)
Register January 2010 No. 649, eff. 2-1-10; corrections in (1) (b) 1m. e., (5) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674; correction in (1) (g) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2014 No. 697;
CR 13-051: am. (1) (c) 2. d., r. and recr. (1) (e), am. (1) (g) 4., 5. (intro.), a., c., 6. a., r. (1) (g) 6. f., 7., am. (4) (h), (hm)
Register September 2014 No. 705, eff. 10-1-14; corrections in (1) (e) made under s. 13.92 (4) (b) 7., Stats.,
Register September 2014 No. 705.
NR 115.06(1)(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.
NR 115.06(2)
(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.
NR 115.06(2)(a)
(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.
NR 115.06(2)(b)
(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:
NR 115.06(2)(b)1.
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:
NR 115.06(2)(b)1.a.
a. A county
shall
a
mend
its shoreland
and
subdivi
sion
ordinances
to
meet
the
mini
mum standards
in this chapter
within two
years
after October 1, 2014.
NR 115.06 Note
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.
NR 115.06(2)(b)1.b.
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.
NR 115.06(2)(b)2.a.a. The department may periodically reevaluate county shoreland zoning and subdivision ordinances for continuing compliance with s.
59.692, Stats., and this chapter.
NR 115.06(2)(b)2.b.
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.
NR 115.06(2)(c)
(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.
NR 115.06(3)(a)
(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:
NR 115.06(3)(a)1.
1. Draft and enact shoreland and subdivision ordinances or required amendments within a time period specified by the department.
NR 115.06(3)(a)2.
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.
NR 115.06(3)(a)3.
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.
NR 115.06(3)(b)
(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.
NR 115.06(3)(c)
(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.
NR 115.06(3)(d)
(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.
NR 115.06(4)
(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:
NR 115.06(4)(a)
(a) Shall review decisions granting special exceptions (conditional uses), variances and appeals to ensure compliance with the applicable shoreland zoning ordinances and this chapter;
NR 115.06(4)(b)
(b) May appeal the actions of county zoning officials to county boards of adjustment, under s.
59.694 (4), Stats.; and
NR 115.06 History
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.
