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AB 1070

Relating to: the restrictiveness of shoreland zoning ordinances. (FE)

2025-2026 Regular Session Introduced by Jodi Emerson and 3 co-sponsors

AB 1070 lets Wisconsin locals regulate shoreland more freely, adding new fees and approvals for certain maintenance and expansions within shoreland setbacks.

Fiscal estimate received
0
WeVote Research Nonpartisan
Bill Summary · AB 1070

Summary of Assembly Bill 1070 (2025-2026) – Wisconsin

Purpose and Intent

AB 1070 is an act to modify the framework governing shoreland zoning in Wisconsin. Its central aim is to adjust the restrictiveness rules for shoreland zoning ordinances enacted by counties and other local units of government (villages and cities), removing certain existing limitations and allowing for greater latitude in how shoreland properties are regulated relative to state standards set by the Department of Natural Resources (DNR).

Key Provisions and Changes

  • ** repeal of specific restrictions on local ordinances

    • Repeals 59.692(1d) and 59.692(2m).
    • Repeal removes a prohibition that prevented county shoreland zoning ordinances from regulating matters more restrictively than DNR shoreland standards, and removes a prohibition on restricting the construction of structures on substandard lots more than DNR standards authorize.

  • **Enhanced ability to impose local restrictions and fees

    • Creates new 59.692(1k)(ag), authorizing the department or a county to impose a fee for the activities described in 1k(a)(2), 1k(a)(2m), and 1k(a)(4) (see below).
    • Amendments to 59.692(1k)(a)(intro.), 2.(intro.), 2m., 4., and 1k(am)(intro.) broaden the scope of activities that require either approvals, fees, or mitigation, subject to exceptions.

  • **Specific activities subject to local approvals or fees (with exceptions)

    • 1k(a)(2) – Maintenance, repair, replacement, restoration, rebuilding, or remodeling of non-footprint-expanding work on structures within shoreland setbacks (with exceptions ag, b).
    • 1k(a)(2m) – Similar for structures listed under sub. (1n)(d) constructed within the shoreland setback, if no footprint expansion (with exceptions).
    • 1k(a)(4) – Vertical expansion of nonconforming structures (or structures within the shoreland setback from pre-2015 variance) unless expansion exceeds 35 feet above grade (with exceptions).
    • 1k(ag) – Creates authority to impose fees for the activities in paragraphs 2, 2m, and 4.

  • **Impervious surface standards

    • Amends 59.692(1k)(am) to clarify that the department may not impair landowner interests by establishing standards for impervious surfaces unless specified conditions apply (detailed language appears in the bill).

  • **DNR and county appeal provisions

    • Section 59.692(4)(b) preserves current Board of Adjustment variance procedures but removes DNR’s ability to appeal county variance decisions; DNR may provide an opinion upon request.

  • **Consistency with existing protections

    • Section 59.692(5m) continues to bar enforcement of provisions inconsistent with the stated subparts, preserving some alignment with current protections.

  • **Local ordinances and cross-references

    • Requires village and city ordinances under §§ 61.353(3) and 62.233(3) to be consistent with the shoreland requirements in 59.692(1d), (1f), and (1k).

Affected Parties and Impacts

  • Local governments (counties, villages, cities): Potentially greater flexibility to regulate shoreland areas and impose fees for specified activities within shoreland setbacks, subject to new ag provisions and existing exceptions.
  • DNR: Retains some oversight via opinions on variances; however, its direct authority to appeal county variance decisions is limited or removed for certain cases.
  • Shoreland property owners: Could see changes in restrictions on maintenance, expansion, or modification of structures within shoreland setbacks, as well as potential fees for certain activities.

Procedural and Timeline Aspects

  • Introduced February 26, 2026; referred to the House Committee on Housing and Real Estate.
  • Fiscal note: A fiscal estimate was received on April 9, 2026.
  • Noted action history indicates a related procedural path through the Senate, with references to passage attempts and committee actions.

Overall, AB 1070 seeks to recalibrate the balance between state shoreland standards and local regulatory authority, increasing local discretion and potential cost recovery through fees while adjusting appeal dynamics and consistency requirements.

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

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