EHS:kjf
2021 - 2022 LEGISLATURE
June 10, 2021 - Introduced by Senators Felzkowski and Ballweg, cosponsored by
Representatives Mursau, Knodl, Schraa, Tauchen and Thiesfeldt. Referred
to Committee on Sporting Heritage, Small Business and Rural Issues.
SB387,1,3
1An Act to amend 59.692 (1k) (am) 3.; and
to create 59.692 (1) (ar) and 59.692
2(1n) (d) 7. of the statutes;
relating to: county shoreland zoning ordinances
3relating to fences near public highways.
Analysis by the Legislative Reference Bureau
This bill provides that a county shoreland zoning ordinance may not prohibit
within a shoreland setback area the construction of a fence 1) that is no taller than
15 feet; 2) that is located at least two feet landward of the ordinary high-water mark,
entirely outside of a highway right-of-way, no less than 10 feet from the edge of a
roadway, and no more than 40 feet from the edge of a roadway or highway
right-of-way, whichever is greater; and 3) that is generally perpendicular to the
shoreline. Under current law, a roadway is the area that is between the regularly
established curb lines or that is improved, designed, or ordinarily used for vehicular
travel, excluding the berm or shoulder.
Current law requires each county to zone by ordinance all shorelands in its
unincorporated area. The Department of Natural Resources is required to
promulgate by rule shoreland zoning standards, and a county shoreland zoning
ordinance may not regulate a matter more restrictively than the matter is regulated
by a shoreland zoning standard.
Current law defines “shoreland setback area" to mean an area in a shoreland
that is within a certain distance of the ordinary high-water mark in which the
construction or placement of structures has been limited or prohibited under a
county shoreland zoning ordinance. Current law requires a county shoreland zoning
ordinance to establish a shoreland setback area of 75 feet but provides that a county
shoreland zoning ordinance may not prohibit the construction of certain structures
within the setback area, such as a boathouse or a structure that provides pedestrian
access to the shoreline.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB387,1
1Section
1. 59.692 (1) (ar) of the statutes is created to read:
SB387,2,22
59.692
(1) (ar) “Roadway” has the meaning given in s. 340.01 (54).
SB387,2
3Section
2. 59.692 (1k) (am) 3. of the statutes is amended to read:
SB387,2,54
59.692
(1k) (am) 3. The standards prohibit considering a roadway
, as defined
5in s. 340.01 (54), or a sidewalk, as defined in s. 340.01 (58), as impervious surfaces.
SB387,3
6Section
3. 59.692 (1n) (d) 7. of the statutes is created to read:
SB387,2,77
59.692
(1n) (d) 7. A fence that is all of the following:
SB387,2,88
a. No taller than 15 feet.
SB387,2,99
b. Located no less than 2 feet landward of the ordinary high-water mark.
SB387,2,1210
c. Located entirely outside of a highway right-of-way, no less than 10 feet from
11the edge of a roadway, and no more than 40 feet from the edge of a roadway or
12highway right-of-way, whichever is greater.
SB387,2,1313
d. Generally perpendicular to the shoreline.
