Wisconsin Statewide Rule
Wisconsin Shoreland Zoning Setback Rules Preemption
Key Facts
- Statute
- Wis. Stat. § 59.692
- Code
- Wis. Admin. NR 115
- Setback
- 75 ft from OHWM
- Local Override
- Cannot be stricter
Summary
Wisconsin Statute § 59.692 and Wisconsin Administrative Code NR 115 establish uniform statewide shoreland zoning standards including setback requirements from navigable waters. Counties must adopt these minimum standards, and municipalities cannot impose more restrictive shoreland setbacks.
(a) In this subsection, "setback" means the distance that a shoreland setback area extends from the ordinary high-water mark. 59.692(1n)(am)(am) Except as provided under pars. (b), (bm), (c), and (d), a county shoreland zoning ordinance shall establish a setback of 75 feet. 59.692(1n)(b)(b) Except as provided in pars.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can a Wisconsin county require larger shoreland setbacks?
Do shoreland rules apply to all Wisconsin properties?
Sources
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