This month, Gov. Walker signed Assembly Bill 582 into law as Act 391, a copy of which is attached for your review. As reported in the February update, this significant legislation:
- Prohibits County-imposed development moratoria;
- Significantly changes zoning notification requirements for Counties, Towns, & Cities;
- Relaxes the regulation of nonconforming structures in shoreland setback areas;
- Changes how surveyors measure setbacks along navigable waterways;
- Allows decks above boat houses in shoreland setback areas;
- Changes the Comprehensive Planning law to specify that Conditional Use Permits do not need to be consistent with the Comp Plan;
- Requires a 2/3 majority of elected officials in order to downzone properties (density or use);
- Allows the substitution of hearing examiners in contested DNR & DATCP cases;
- Instructs courts reviewing state agency decisions to “accord no deference” to agency interpretations if they restrict property rights;
- Restricts local governments from interfering with property sales through time-of-sale or pre-occupancy requirements; and
- Instructs courts reviewing zoning interpretations to “resolve an ambiguity…in favor of the free use of private property.”
Planners are encouraged to contact Drew Pennington, VP of Chapter Affairs, with questions or concerns.
Winter-Spring 2016 Newsletter is here!
Learn about planning ahead for the retirement boom,Carolyn Esswein Receives WCREW Award, and a legislative report now that the session is over.
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Check out this report from the APA Region IV chapter presidents to find out what’s happening at the national level.