Published: October 26, 2011
Author: Robert Procter

The Wisconsin Builders Association Hot Line is a service provided for the Wisconsin Builders Association by the law firm of Axley Brynelson, LLP. Legal Hot Line Answers should be considered a general statement of applicable legal information. Given this format, it is impossible to fully address all potential legal issues which might apply in any particular situation. A determination of any individual's legal rights in a transaction can only be obtained after a complete analysis of the law and its applicability to the particular fact situation. Please contact the author of the article if additional information is needed, or private counsel, if legal advice is needed.

Can the Department of Natural Resources challenge a variance to shoreline zoning granted by a county?

A: Yes. As a general matter, the Department of Natural Resources (DNR) adopted Chapter NR 115, Wisconsin’s Shoreland Protection Program. NR 115 establishes minimum shoreland zoning standards for ordinances that counties adopt under s. 59.692 of the Wisconsin Statutes. Each county is required to adopt a shoreland zoning ordinance that is at least as stringent as NR 115. A county may adopt an ordinance that is more stringent than NR 115.

The County has the authority to enforce its shoreland zoning ordinance, and may issue variances from it; however, the DNR monitors the administration and enforcement of shoreland zoning and land division ordinances. In so doing, DNR: reviews decisions granting special exceptions (conditional uses) variances and appeals to ensure compliance with the County’s ordinance and NR 115; may appeal any actions of the county zoning offices to the county boards of adjustment and may seek court review of the decisions of the board of adjustment. See NR 115.06(4).

Accordingly, the DNR may seek review and challenge a decision of a County to grant a variance to ensure the grant is consistent with both the County’s ordinance and NR 115. The DNR may seek to have the project stopped and or removed as being in violation of the County’s ordinances and NR 115. Any homeowner that is provided notice that the DNR is seeking review of a County’s grant of a variance should involve himself or herself in the matter to insure his or her rights are protected. The Wisconsin Builders Association Hot Line is a service provided to you by Axley Brynelson, LLP on behalf of the Wisconsin Builders Association. The service should be considered a general statement of applicable legal information. Given this format, it is impossible to fully address all potential legal issues which might apply in any particular situation. A determination of any individual's legal rights in a transaction can only be obtained after complete analysis of the law and its applicability to the particular fact situation.

For more information about the Wisconsin Builders Association Hot Line, contact Robert Procter at 608.283.6762 or rprocter@axley.com.

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