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Land-Use Update
by Tom Larson
This month's article will provide you with a brief update on the various land-use and economic development proposals that are being considered by the legislature, our courts, and administrative agencies.
Comprehensive Planning/Smart Growth
In response to concerns raised by some members of the public, some legislators are looking to make changes to Wisconsin's comprehensive planning law (a.k.a. Smart Growth). The changes being discussed include technical clarifications, exemptions for small towns that only issue driveway and building permits, and extension of 2010 deadline by which all local decisions must be consistent with a comprehensive plan. The WRA, which continues to actively support the law, is working with legislators to address their concerns in a manner that will not jeopardize the integrity of the law.
Wisconsin's Stewardship Fund
Given the state's financial situation, members of the legislature's Joint Finance Committee and other key legislators have indicated that the funding for the Stewardship program will be targeted. Some proposals include significantly reducing the funding levels (currently $60 million annually), placing a two-year moratorium on further land purchases, or eliminating the program entirely.
Shoreland Zoning
The DNR's Shoreland Advisory Committee continues to meet in an effort to revise the state's shoreland zoning regulations (NR 115). At the next meeting (March 24-25), the group will be discussing possible changes to the regulation of nonconforming structures, one of the most important and controversial aspects of the shoreland zoning regulations. The WRA will continue to advocate for a reasonable regulatory framework that (a) distinguishes between nonconforming uses and nonconforming structures, and (b) allows property owners to repair, remodel, maintain, and improve nonconforming structures in accordance with current local zoning and building regulations.
Trans. 233
A lawsuit was filed at the end of 2002 challenging Trans. 233, an administrative rule regulating land divisions adjacent to state highways. The primary legal issue is whether the Dept. of Transportation had the legal authority to expand the scope of the rule from just subdivisions to all land divisions. The parties recently had a scheduling conference with the judge who will be hearing the case and set a deadline of August 1st for the initial briefs. Members of the legislature have also recently expressed concerns with the application of the rule and may soon hold a hearing on it.
Cooperative Boundary Agreements
In an effort to reduce the number of battles associated with annexations, a legislative proposal has been introduced that would significantly reduce the time periods necessary to enact a cooperative boundary agreement between two communities. The WRA has raised concerns regarding the impact on affected property owners who, as a result of proposed changes, would be given less time to express their viewpoints to local elected officials. Hopefully, a compromise will be reached that would both remove barriers to intergovernmental cooperation and provide the affected public with a reasonable opportunity to participate in the decision-making process.
Tax Incremental Financing (TIF)
During the last legislative session, the legislature considered a bill (AB 510) that would have provided the public with more information about a proposed tax increment district (TID) and reduced the payback period for TIDs. Although the bill received bi-partisan support in the Assembly and Senate, the bill never became law. This year, in an effort to make TIF a more attractive economic development tool, the bill will be re-introduced, but will likely expand the uses of TIF and keep the payback period consistent with current law.
Variances
Some legislators are once again discussing the need to create a more flexible standard for area variances. As a result of the State v. Kenosha County case, communities are effectively prohibited from granting an area variance unless the variance applicant is able to demonstrate that without a variance the applicant would have "no reasonable use" of his property. The more flexible standard being proposed by legislators would likely give local communities the discretion to grant an area variance upon a showing of a lower legal standard (e.g., that the regulations are "unnecessarily burdensome").
Private Property Rights
To insure that the rights of property owners are adequately protected against unreasonable regulations, various legislators are considering legislation that would address such issues as moratoria, vested rights, and regulatory taking standards. However, it is not clear if or when such proposals will actually be introduced.
For more information, please contact Tom Larson
at (608) 240-8254.
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Contact Info for Your GADS
John Periard, GAD
Commercial Assn. of
REALTORS® of Wisconsin
710 N. Plankinton Ave #207
Milwaukee, WI 53203
Phone: 414-271-2021, Fax: 414-271-6126
Email: john@carw.com
Jodie Tierney, GAD
Greater Milwaukee Assn. of
REALTORS®
12300 W. Center Street
Milwaukee, WI 53222
Phone: 414-778-4929, Fax: 414-778-4920
Email: jmt@gmar.ws
Chad Zuleger, GAD
REALTORS® Assn. of Northeast Wisconsin
W6124 Aerotech Dr 54914, P.O. Box 2637
Appleton, WI 54912-2637
Phone: 920-739-9108, Fax: 920-739-9157
Email: czuleger@ranwrealtors.com
Tabitha Behling, GAD
REALTORS® Association of Northwestern Wisconsin
1903 Keith Street
Eau Claire, WI 54701
Phone: 715-835-0923, Fax: 715-835-4621
Email: tabitha@mail.racv.org
Counties - Chippewa, Dunn, Eau Claire, Pepin
Al Arnold, GAD
1903 Keith Street
Eau Claire, WI 54701
Phone: 715-234-6196, Fax: 715-835-4621
Email: alanarnold@usa.net
Counties - Barron, Bayfield, Burnett, Rusk, Sawyer, Washburn
Bill Berndt, GAD
Western Wisconsin REALTORS® Assn.
985 Hazel St.
River Falls, WI 54022
Phone: 715-425-0095, Fax: 715-426-1661
Email: wberndt@pressenter.com
Doug Wheaton, GAD
Racine, Kenosha & Lake's Area Boards of
REALTORS®
Racine Board of REALTORS®
900 West Blvd.
Racine, WI 53405
Phone: 262-637-4426
Fax: 262-637-1184
Lakes Area REALTORS® Assn.
5 Ridgway Ct Ste 1-C
Elkhorn, WI 53121
Phone: 262-723-6851
Fax: 262-723-3256
Email: dougw@wra.org
Kenosha Board of REALTORS®
7347 57 Ave.
Kenosha, WI 53142
Phone: 262-942-0592
Fax: 262-942-0940
Phil Salkin, GAD
REALTORS® Association of South Central
4801 Forest Run Road, Suite 201
Madison, WI 53704
Phone: 608-241-2047, Fax: 608-242-2267
Email: psalkin@wra.org
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