§ 44-35. Abrogation and greater restrictions.

(Wis. Stats. § 59.692(5)) The provisions of this chapter supersede any provisions in a county zoning chapter that solely relate to shorelands. In other words if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this chapter supersedes those provisions. However, where a chapter adopted under a statute other than Wis. Stats. § 59.692, does not solely relate to shorelands and is more restrictive than this chapter, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions.

(1)

(Wis. Stats. § 59.692(2)(a)) This chapter shall not require approval or be subject to disapproval by any town or town board.

(2)

(Wis. Stats. § 59.692(2)(b)) If an existing town ordinance relating to shorelands is more restrictive than this chapter or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.

(3)

This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

(4)

The following provisions of the Fond du Lac County Zoning Chapter are hereby incorporated by reference; these provisions shall only apply to the shoreland area where they impose greater restrictions than this chapter otherwise imposes.

(5)

(Wis. Stats. § 59.692(1d)(b)) This chapter may establish standards to regulate matters that are not regulated in NR 115, but that further the purposes of shoreland zoning as described in section 44-3 of this chapter.

(6)

(Wis. Stats. § 59.692(1k)(a)1.) Counties may not establish shoreland zoning standards in a shoreland zoning chapter that requires any of the following:

a.

Approval to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.

b.

Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

( Res. of 8-16-16 , Att.)