NR 117 sets up the parameters for city and village shoreland−wetland zoning ordinances. NR 115 establishes the standards for county shoreland zoning ordinances while Wis. § 281.31 as Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state - including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. § 59.692(1)(b) defines “shorelands” as the area within one thousand feet from a lake, pond or flowage, or within three hundred feet from a river or stream or to the landward side of the floodplain, whichever distance is greater. The first shoreland zoning rules were adopted in 1968 to protect Wisconsin natural resources, lakes and streams they were designed to protect water quality and natural habitats from unrestrained waterfront development. One tool the DNR uses to accomplish this is the administrative code rules establishing the parameters of local shoreland zoning ordinances that limit development along navigable waterways. Wisconsin’s Public Trust Doctrine requires the state to protect public rights in the commercial and recreational use of navigable waters. Brokers should recommend the buyer investigate the ordinance before drafting an offer or draft an offer with a contingency to determine if the buyer’s intended use or building will be permitted or requires a conditional use permit. Although many local zoning ordinances refer to R-1 Single Family Residential or C-1 Commercial zoning, the permitted uses are not necessarily the same from community to community. Within each district, certain land uses are permitted, known as permitted uses, and while other uses may be allowed if certain conditions are met, known as conditional uses, and a conditional use permit is issued.Ī buyer will need to determine what zoning category applies to the property and review the zoning ordinances to determine what is permitted. Then the zoning ordinance is adopted detailing applicable standards and rules that apply in each district. The area subject to zoning jurisdiction is divided into zoning districts and mapped.

Zoning regulates how a parcel of land may be used and the density of development. General zoning is a regulatory land use planning tool used by local governments. There may be three forms of zoning involved in this situation: (1) general zoning, (2) shoreland zoning (county), and (3) shoreland-wetland zoning (cities and villages with wetlands shown on the wetland inventory maps). How can the broker explain the difference to potential buyers? The broker was asked about the difference between “general zoning” and “shoreland zoning” regulations.

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