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Wisconsin Court of Appeals Issues Major Ruling on Zoning Jurisdiction

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Real Estate Broker/Owner with Madeline Island Realty 50317-90

 

Wisconsin Court of Appeals Issues Major Ruling on Zoning Jurisdiction

 

This Wisconsin Appelate Court ruling seems to have the attention of everyone on Madeline Island.  In late 2013, the Wisconsin Court of Appeals issued a ruling (in the case of Hegwood vs. Town of Eagle Zoning Board of Appeals) which will likely have a significant impact on shoreline property owners in the Town of LaPointe. 

In a nutshell, the ruling effectively negates town zoning jurisdiction over property in shoreland areas (defined as within 1000 feet of a lake or 300 feet from a navigable stream).  The ruling would hand over zoning control exclusively to Wisconsin counties in those shoreland areas, with towns having no jurisdiction within the shoreland zone.

The Town of LaPointe has responded to this ruling by requesting a moratorium on new permits within shoreland areas until June 1, 2014.

This ruling is statewide and will affect other Wisconsin second home/recreational areas on bodies of water (including Door County on Lake Michigan and Lake Nebagamon in Douglas County).

Stay tuned for more news and information on this ruling.

 

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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I think it is a travesty when little governments and hoa's have the power to micromanage the properties that we pay huge sums of money to purchase and then more money to rent the right to own them via taxes.

We have a place for this type of behavior in our constitution, referred to as "Taking", which allows the government to take away our rights but requires them to PAY us for this loss of rights.

I am happy that the courts stood up for private rights at least to a small extent.

Mar 04, 2014 12:57 PM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

Bob, I've already heard quite a few opposing views on both sides of this issue.  I'm really curious to learn how this decision is being viewed in other Wisconsin counties which are home to upscale vacation and second home destinations, like Door County, Minocqua, Green Lake, Lake Geneva, Lake Nebagamon and so forth.  My guess is that local/town Zoning boards are pretty unhappy about losing control over the right to apply their own refinements to zoning ordinances.

My understanding is that the decision will affect a wide range of issues, like minimum lot sizes/dimensions, building setbacks and subdivision requirements in the shoreland zone.

Mar 05, 2014 12:07 AM
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