Fiscal Note
No appropriation is required.
Title
Amending Section 28.005(1)(b) of the Madison General Ordinances to create a shoreland zoning ordinance for county lands annexed after May 7 1982, as required by 2013 Wisconsin Act 80.
Body
DRAFTER'S ANALYSIS: 2013 Wisconsin Act 80 requires cities to create an ordinance regulating shorelands annexed by the city after May 7, 1982, which prior to annexation were subject to county shoreland zoning ordinances. Prior to Act 80, such annexed properties retained county shoreland zoning regulations even after annexation into the city.
“Shoreland” is defined in Sec. 28.211 as “Lands within the following distances from the ordinary high-water mark of navigable waters: one thousand (1,000) feet from a lake, pond or flowage; three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.”
The city’s shoreland zoning ordinance must include a setback of 50 feet from the ordinary high water mark, with an exception for some principal buildings. In addition, it must include specific regulations related to vegetation preservation. The ordinance shall 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.
This amendment creates the ordinance required by 2013 Wisconsin Act 80.
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The Common Council of the City of Madison do hereby ordain as follows:
Subdivision (b) of Subsection (1) of Section 28.005 entitled “Zoning of Annexed Land” of the Madison General Ordinances is amended to read as follows:
“(b) All lands annexed to the City of Madison after May 7, 1982 shall be that prior to annexation were subject to the Dane County Shoreland Zoning Ordinance in effect at the time of annexation shall be subject to the following regu...
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