Skip to main content
Find a Lawyer

Wisconsin Statutes Municipalities (Ch. 59 to 68) § 61.353. Zoning of annexed or incorporated shorelands

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) In this section:

(a) “Principal building” means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.

(b) “Shorelands” has the meaning given in s. 59.692(1)(b).

(c) “Shoreland setback area” has the meaning given in s. 59.692(1)(bn).

(2) Every village shall, on or before July 1, 2014, enact an ordinance that applies to all of the following shorelands:

(a) A shoreland that was annexed by the village after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under s. 59.692.

(b) For a village that incorporated after April 30, 1994, under s. 66.0203, 66.0211, or 66.0213, a shoreland that before incorporation by the village was part of a town that was subject to a county shoreland zoning ordinance under s. 59.692.

(3) A village ordinance enacted under this section shall accord and be consistent with the requirements and limitations under s. 59.692(1d), (1f), and (1k) and shall include at least all of the following provisions:

(a) A provision establishing a shoreland setback area of at least 50 feet from the ordinary high-water mark, except as provided in par. (b).

(b) A provision authorizing construction or placement of a principal building within the shoreland setback area established under par. (a) if all of the following apply:

1. The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building.

2. The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

(5) Provisions of a county shoreland zoning ordinance under s. 59.692and any regulations, approvals, and conditions imposed under the ordinance that were applicable, prior to annexation, to any shoreland annexed by a village after May 7, 1982, continue in effect until the effective date of an ordinance enacted by the village under sub. (2).

(6) Provisions of a county shoreland zoning ordinance under s. 59.692and any regulations, approvals and conditions imposed under the ordinance that were applicable prior to incorporation to any shoreland that is part of a town that incorporates as a village under s. 66.0203, 66.0211, or 66.0213 after April 30, 1994, continue in effect until the effective date of an ordinance enacted by the village under sub. (2).

(7) An ordinance enacted under sub. (2) does not apply to lands adjacent to an artificially constructed drainage ditch, pond, or stormwater retention basin if the drainage ditch, pond, or retention basin is not hydrologically connected to a natural navigable water body.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Wisconsin Statutes Municipalities (Ch. 59 to 68) § 61.353. Zoning of annexed or incorporated shorelands - last updated January 01, 2025 | https://codes.findlaw.com/wi/municipalities-ch-59-to-68/wi-st-61-353/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard