Wisconsin Shoreland Zoning Setback Rules Preemption

Under Wis. Stat. § 59.692, counties must adopt shoreland zoning ordinances meeting state minimum standards under NR 115. The standard structure setback from the ordinary high water mark of navigable waters is 75 feet. 2015 Wisconsin Act 55 expanded preemption, prohibiting counties and municipalities from enacting shoreland zoning ordinances stricter than NR 115. This includes setback distances, impervious surface limits, and vegetation buffers. Local governments retain authority over non-shoreland zoning but cannot regulate shoreland properties beyond state standards.

Construction within the 75-foot shoreland setback without a permit may require removal, restoration, and forfeitures. Counties enforce through zoning administrators with appeals to boards of adjustment.