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AB 1047

Relating to: setback restrictions in shoreland zoning ordinances in Waukesha County.

2025-2026 Regular Session Introduced by Barbara Dittrich and 1 co-sponsor

Wisconsin AB 1047 would let Waukesha County use an average shoreline setback from nearby structures within 250 feet, widening the 200-foot rule.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 1047

Summary of Assembly Bill 1047 (2025-2026) – Wisconsin

Purpose and intent

AB 1047 proposes to modify setback rules in shoreland zoning for Waukesha County. The bill changes the circumstances under which a county shoreland zoning ordinance may establish an “average setback” for a proposed principal structure, expanding the use of average setbacks specifically for properties within Waukesha County.

Key provisions

  • Existing framework (current law, summarized by the bill):

    • A county shoreland zoning ordinance may set a setback for a new principal structure equal to the average of the setbacks of existing principal structures on adjacent lots, but only if:
    • The existing structures are on adjacent lots and within 200 feet of the proposed structure,
    • The existing structures are more than 75 feet from the ordinary high-water mark (OHWM),
    • The existing structures are landward of the setback that applied when each structure was built.

  • Provisions added for Waukesha County (new 59.692(1n)(c)1m):

    • On a parcel located in Waukesha County, if the closest principal structures in each direction along the shoreline to the proposed structure exist within 250 feet of the proposed structure and both are set back more than 75 feet from the OHWM, the county shoreland ordinance shall establish a setback equal to the average of the setbacks required for those structures at the time they were built.
    • This provision effectively broadens the geographic reach from 200 feet to 250 feet for applying the average-setback rule, and it applies specifically to Waukesha County.

  • Clarification on applicability (new 59.692(1n)(c)2):

    • Subdivision 1 (the general rule) and Subdivision 1m (the Waukesha County-specific rule) do not apply if applying the setback would place the proposed principal structure only on land where it cannot be built. This preserves existing restrictions where construction is physically infeasible.

Who or what is affected

  • Geographic scope: Waukesha County, Wisconsin.
  • Actors affected: Property owners planning to construct new principal structures along shorelines within the county, county zoning authorities, and potentially builders and developers operating in the affected areas.
  • Operational impact: For qualifying shoreline parcels, the setback for a proposed structure can be set by the average of the setbacks of existing nearby structures, rather than requiring compliance with a single established setback from the OHWM, provided the conditions (within 250 feet, both structures >75 feet from OHWM) are met.

Procedural and timeline aspects

  • Introduced: February 26, 2026 (by Representatives Duchow and Dittrich).
  • Committee: Referred to the Assembly Committee on Housing and Real Estate.
  • Note on status: Action history indicates discussions and scheduling but no enacted law as of the provided record. The action history mentions an unsuccessful passage under a Senate Joint Resolution 1 process, consistent with a pending or stalled measure.

Practical considerations

  • The bill provides a more flexible setback determination for Waukesha County by allowing an average-setback calculation over a broader 250-foot window, potentially enabling denser development closer to the shoreline when adjacent structures are similarly placed.
  • Local implementation would depend on county ordinance wording and compliance with the new subd. 1m provisions.
  • The bill maintains safeguards to avoid applying the average setback where it would render construction infeasible.

Compiled from official sources — confirm details with the bill’s official record.

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