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Home My WebLink AboutResolution 2015 (43) Resolution No. 43 (2015) ST R O .,, RESOLUTION TO REPEAL STATUTORY PROVISIONS IN ' �' THE STATE OF WISCONSIN 2015-2017 BUDGET RELATING TO MORELAND ZONING STANDARDS (SECTIONS 1922AM- 1922L OF 2015 WISCONSIN ACT 55) 1 WHEREAS, The State of Wisconsin has adopted NR 115 of the Wisconsin 2 Administrative Code relating to Shoreland Zoning Standards, and St. Croix County has adopted 3 and administered the minimum requirements of said standards since 1968; and 4 5 WHEREAS, St. Croix County has considerable experience with the implementation of 6 NR 115 in its various incarnations, including the 2010 version which was incorporated into the 7 County Code in April of 2014 after extensive public input and review; and 8 9 WHEREAS, St. Croix County's water resources include a wide range from Exceptional 10 Resource waters to Impaired Waters, and the previous regulations were in place to protect the 11 Exceptional and Outstanding Resource Waters while providing provisions to restore those 12 Resources listed as Impaired; and 13 14 WHEREAS, St. Croix County has administered these codes with the support of its 15 citizens and local governmental units, and has done so by enforcing state and county regulations 16 adopted after public review, and has educated the public and shoreland property owners in best 17 management practices, as well as stormwater and erosion control measures, and proven 18 environmentally protective development standards; and 19 20 WHEREAS, the adoption of Sections 1922AM-1922L of 2015 Wisconsin Act 55 resulted 21 in significant changes of the standards for regulation of existing non-conforming structures in 22 shoreland areas, in direct contradiction of the previously adopted standards of NR 115; and 23 24 WHEREAS, St. Croix County has a significant number of existing non-conforming 25 structures existing on its waterways, currently listed from Impaired to Exceptional or 26 Outstanding Resources, that will no longer be subject to oversight with the goal of improving or 27 preserving water quality; and 28 29 WHEREAS, St. Croix County foresees that neighboring property owners, the general 30 public, and the water resources will be negatively impacted as it relates to property values, 31 erosion and stormwater runoff issues, and overall enjoyment of the natural scenic beauty, 32 recreational value, and habitat of the County's waterways; and 33 34 WHEREAS, the adoption of Sections 1922AM-1922L of 2015 Wisconsin Act 55 resulted 35 in significant changes in the ability of St. Croix County to protect its Outstanding and 36 Exceptional Resource waters, many of which are trout streams which are more directly impacted 37 by development pressure and associated stormwater runoff which bring sediments and raise 38 water temperature in the stream; and 39 40 WHEREAS, the statutory provisions of Act 55 also removes the ability of the DNR to 41 appeal any action of a County Board of Adjustment decision, which diminishes state support for 42 the shoreland program and its goal of protecting waterways of the state, as well as protection of 43 the public trust doctrine, and providing support for citizen's rights and investment in our 44 waterways; and 45 46 WHEREAS, many citizens and organizations, including the Wisconsin Counties 47 Association, Wisconsin County Code Administrators, Wisconsin Land and Water Conservation 48 Association, and Wisconsin County Planning and Zoning Directors have gone on record 49 supporting the repeal of the statutory provisions created in the 2015-2017 budget bill that 50 concern the regulation of shorelands as noted above, and this support was echoed by the County 51 Board of Supervisors of St. Croix County in a previous resolution (copy attached). 52 53 THEREFORE be it resolved, by the St. Croix County Board of Supervisors that it hereby 54 requests that the State of Wisconsin repeal the statutory provisions of Wisconsin Statute Sections 55 59.69 and 59.692 created or amended pursuant to Sections 1922AM through 1922L of 2015 56 Wisconsin Act 55, commonly known as the 2015-2017 State Budget Bill (SB21 and AB 21), and 57 requests the State of Wisconsin legislative body discuss any changes to the Shoreland Zoning 58 provisions of Wisconsin Statutes through the normal legislative process, to allow for open public 59 discussions and input on the issue. 60 61 FURTHER be it resolved that the St. Croix County Clerk is directed to send a copy of 62 this resolution to all members of the Wisconsin Legislature, Governor of the State of Wisconsin, 63 each county clerk in the State of Wisconsin, the Wisconsin Counties Association, the Wisconsin 64 County Code Administrators, the Wisconsin Land and Water Association, the Wisconsin County 65 Planning and Zoning Directors, the Secretary of the DNR of the State of Wisconsin. Legal-Fiscal-Administrative Approvals: Legal Note: Fiscal Impact: None J-4 SE Cox,Corpora ourel 16 R12015 R Bert 1V Interim F- ce Uire��r `1 015 IL Pis ck rnotnpm county AdminiArador 11011V2015' 10/15/15 Community Development Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Judy Achterhof, Supervisor SECONDER: Jill Ann Berke, Supervisor AYES: Ring, Berke, Hansen, Achterhof, Leibfried Vote Confirmation. AgAcY Ring, Supervisor 0/19/20 15 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: ADOPTED [14 TO 3] MOVER: Agnes Ring, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Schachtner, Ring, Babbitt, Novotny, Sjoberg, Nelson, Berke, Larson, Hansen, Kiesler, Peterson, Anderson, Achterhof, Leibfried NAYS: Chris Kilber, Andy Brinkman, William Peavey ABSENT: Carah Koch, Dave Ostness This Resolution was Adopted by the St. Croix County Board of Supervisors on November 3, 2015 Cindy Campbell, County Clerk Resoluti®n No. 22 (2015) ST CR01X ?.U*UNTY RESOLUTION TO REPEAL PARAGRAPH 23 OF MOTION #520 — .f' "11_(,(`J) TO THE STATE OF WISCONSIN 2015-2017 BUDGET BILL LATIVE TO SHORELAND ZONING STANDARDS 1 WHEREAS,the State of Wisconsin has adopted NR 115 of the Wisconsin Administrative Code relating to 2 Shoreland Zoning Standards,and St.Croix County has adopted and administered the minimum requirements of said 3 standards since 1968;and 4 WHEREAS, St.Croix County's water resources include both Outstanding and Impaired ratings and 5 existing regulations are in place to protect the Outstanding Resources and restore the impaired resources; and 6 WHEREAS,St. Croix County's Community Development Department,along with other county and state 7 agencies is charged with administering and enforcing State and County regulations to protect water resources and 8 educate the public in best management practices,stormwater and erosion control,land conservation,shoreland and 9 wetland zoning,and long-range planning;and 10 WHEREAS,the Joint Finance Committee for the State's 2015-17 biennial budget process has passed 11 Paragraph 23 of Motion Number 520(attached hereto)which significantly changes the standards for regulation of 12 existing non-conforming structures in Shoreland areas contrary to the adopted standards of NR 115;and 13 WHEREAS, St. Croix County has a substantial number of nonconforming structures existing in its 14 Shoreland areas that no longer will be subject to any oversight which will cause development near County 15 waterways to go completely unchecked relative to its compliance with other state and county regulations,such as 16 sanitary zoning,stormwater/erosion control,and floodplain/wetland standards;and 17 WHEREAS,with no oversight,property owners that rebuild or remodel nonconforming structures in 18 Shoreland areas may unknowingly be in violation with the aforementioned state and county regulations causing 19 after-the-fact enforcement by the County and therefore potentially placing a significant burden(financial, 20 development delays,etc.)on Shoreland property owners to come into compliance; and 21 WHEREAS,with no oversight,neighboring property owners and the general public may be negatively 22 impacted, specifically as it relates to property values,erosion&runoff from the site,substandard sanitary impacts, 23 increased flooding issues,and overall enjoyment of the County's waterways;and 24 WHEREAS,Paragraph 23 of Motion Number 520 also removes the ability of the DNR to appeal any 25 action of a County Board of Adjustment decision which diminishes state support for the Shoreland program and its 26 goals of protecting the waterways of the state; and 27 WHEREAS,State organizations including the Wisconsin Counties Association,Wisconsin County Code 28 Administrators,Wisconsin Land and Water Conservation Association,and Wisconsin County Planning and Zoning 29 Directors(attached hereto)have gone on record supporting the repeal of Paragraph 23 of Motion Number 520 of the 30 2015-17 budget bill,and request that these issues be addressed through the normal legislative process to allow for 31 important input from the general public regarding managing development activity around our state waterways. 32 NOW,THEREFORE BE IT RESOLVED by the St.Croix County Board of Supervisors that it hereby 33 requests the State of Wisconsin to repeal Paragraph 23 of Motion Number 520 of the 2015-17 State Budget bill(SB 34 21 and AB 21),and requests the State of Wisconsin to discuss any changes to NR 115 through the normal legislative 35 process to allow for open public discussion and input on this issue. 36 BE IT FURTHER RESOLVED that the St.Croix County Clerk is directed to send a copy of this 37 Resolution to members of the State's Joint Finance Committee, Governor of the State of Wisconsin, State Senators 38 and Representatives serving St.Croix County constituents,the Wisconsin Counties Association,and each County in 39 the State of Wisconsin. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No fiscal impact to St. Croix County. P - ck o—m sor,County 12015 06/18/15 Community Development Committee RECOMMENDED -._..----------------- ------------ -- RESULT: RECOMMENDED [UNANIMOUS] MOVER: Daniel Hansen, Vice Chair SECONDER: Agnes Ring, Chair AYES: Agnes Ring, Daniel Hansen, Judy Achterhof,Shaela Leibfried EXCUSED: Jill Ann Berke - ._ ........... .._._..-- Vote Confirmation. A Ring, Supervisor 6129/2015 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement-Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel Hansen, Supervisor SECONDER: Agnes Ring, Supervisor AYES: Schachtner, Ring, Babbitt, Novotny, Sjoberg, Nelson, Berke, Ostness, Larson, Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey, Koch i ABSENT: Chris Kilber -.._...._._.._........ ---------- -_..I This Resolution was Adopted by the St. Croix County Board of Supervisors on July 7, 2015 Cindy Campbell, County Clerk