Shoreland zoning was adopted in Wisconsin to protect state waters and uphold the state’s Public Trust Doctrine. In 1966, the Legislature gave counties the authority to zone shorelands while ensuring that minimum requirements set by the Wisconsin Department of Natural Resources (DNR) were met. Generally, under Wisconsin law prior to the enactment of 2015 Wisconsin Act 55, a county could choose to set more restrictive shoreland zoning standards than the DNR through county shoreland zoning ordinances. Counties could also grant variances to the shoreland zoning ordinances, and the DNR’s authority included the ability to review and appeal county decisions to grant variances.
Wisconsin shoreland zoning laws were significantly altered with the passage of certain legislative acts between 2011 and 2015. Very generally, the acts codified many shoreland zoning standards (previously contained in the administrative code in statute), limited the role of the DNR and counties, and changed the overall regulatory framework of shoreland zoning to favor private property rights. Notably, the changes also prohibited any county from creating a shoreland zoning standard that is more restrictive than a DNR standard. This information memorandum discusses Wisconsin’s current shoreland zoning laws and how they relate to county zoning authority