CRAWFORD COUNTY - The Crawford County Board of Supervisors enacted changes to their Floodplain and Shoreland-Wetland Zoning ordinances. The changes were made in order to bring the two ordinances into compliance with changes in state zoning regulations, correct an incorrect citation, add one dam on private property into the floodplain map, and allow for online publication of fees.
“Really, all of the changes to both ordinances are relatively minor,” said Crawford County Zoning and Sanitation Manager Jake Shedivy. “The main thing that changed in state statutes that impacted our ordinance was a change in the statute of limitations for development in areas regulated by shoreland zoning.’
Shedivy explained that now there is a 10-year statute of limitations for the county to enforce their ordinance for any illegal development in areas regulated by shore land zoning. The legislature, according to Shedivy, inserted this language into the statute to protect the interests of property owners.
There remains no statute of limitations on enforcement of illegal construction in areas regulated by floodplain zoning. Areas regulated by floodplain zoning will be on the floodplain maps maintained by FEMA.
Floodplain ordinance
The changes to the floodplain ordinance were adopted by the Crawford County Board at their October 2018 meeting.
The changes adopted are as follows:
An ordinance amending, creating and repealing and recreating portions of Chapter 20 of the Crawford County Code of Ordinances regarding floodplain zoning maps, reference correction, and fees
The Crawford County Board of Supervisors do ordain as follows:
Section I: That Crawford County Ordinance §20.05(2)(b) is hereby amended to read as follows:
Windward Farms Dam Failure Analysis, prepared by Jewell Associates Engineers, WDNR File No. 12.04, dated March 12, 2018.
“The dam in Hoover Hollow at Lake Valley Camp was not previously listed on the county’s floodplain map,” Shedivy explained. “Lake Valley Camp wanted a dam failure analysis so they could lower the dam’s hazard rating and allow them to get less expensive insurance rates. This resulted in the establishment of a small floodplain there, but there is essentially no development below it.”
Section II: That Crawford County Ordinance §20.73(4)(a)4 is hereby amended to read as follows:
“The variance is consistent with the purpose of this chapter in §20.03.
Shedivy said that the previous version of the ordinance had improperly cited the state statute that governs.
Section III: That Crawford County Ordinance §20.77 is hereby repealed and recreated to read as follows:
“FEES. The schedule of fees for all types of zoning permits and related matters shall be set by a motion of the Land Conservation, Planning & Zoning Committee and adjusted from time to time in the same manner. The schedule of fees shall be kept in the office of the zoning administrator and provided upon request.
(1) FEES MULTIPLIED. Fees shall be multiplied according to the schedule of fees for work commenced prior to permit issuance.
Section IV: This ordinance shall become effective upon its passage and publication as required by law.
Shoreland-Wetland
The Crawford County Board of Supervisors enacted the following proposed changes to their Shoreland-Wetland zoning ordinance at their December 18, 2018 meeting.
An ordinance amending, retitling, renumbering, creating, and repealing and recreating portions of Chapter 16 of the Crawford County Code of Ordinances regarding shoreland-wetland zoning areas, vegetative buffers, illegal structures and fees
The Crawford County Board of Supervisors do ordain as follows:
Section I: That Crawford County Ordinance §16.02(1)(c) is hereby amended to read as follows:
“The provisions of this chapter apply to the regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties, and when §13.48(13), Wis. Stats., applies, State agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of State highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if §30.2022(1), Wis. Stats., applies. (NR 115.02). Shoreland zoning requirements in annexed or incorporated areas are provided in §61.353 and §62.233, Wis. Stats.
“The DNR had previously approved the language in our ordinance,” Shedivy explained. “But they advised us that we should consider revising because annexed areas are regulated by a different municipality’s ordinance and don’t really belong in the county’s ordinance.”
Section II: That Crawford County Ordinance §16.07(2) is hereby retitled to read as follows:
‘Activities Allowed Within Vegetative Buffer Zone’
“This change in our ordinance doesn’t change anything that county residents are allowed or not allowed to do,” Shedivy said. “It’s really just making clear that the county is not requiring any landowners to establish something, such as a vegetative buffer, that is not already there.”
Section III: That Crawford County Ordinance §§16.13, 16.14, and 16.15 are hereby renumbered to 16.14, 16.15 and 16.16 respectively.
Section IV: That Crawford County Ordinance §16.13 is hereby created to read as follows:
‘Maintenance, Repair and Replacement of Illegal Structures’ (§59.692(1k)(a)2c, Wis. Stats.
A structure that was illegally constructed, which is older than ten years and may not be enforced under the shoreland ordinance (§59.692(1t), Stats), may be maintained, repaired, replaced, restored, rebuilt, or remodeled if the activity does not expand the footprint of the structure. (No vertical or lateral expansion allowed for structures in violation.)”
“We’re still in communication with the DNR about what enforcement guidance they will have,” Shedivy said. “Essentially all verification of a structure’s footprint is done by satellite photography these days, so any verification will be pretty cut and dried.”
Shedivy said that he was not aware at this time of any properties that could be in violation.
Section V: That Crawford County Ordinance §16.15(6) is hereby repealed and recreated to read as follows:
“Fees. (§59.696 and §59.697, Wis. Stats.)
“The schedule of fees for all types of zoning permits and related matters shall be set by a motion of the Land Conservation, Planning and Zoning Committee, and adjusted from time to time in the same manner. The schedule of fees shall be kept in the office of the zoning administrator and provided upon request.
(1) Fees Multiplied. Fees shall be multiplied according to the schedule of fees for work commenced prior to permit issuance.”
Section VI: This ordinance shall become effective upon its passage and publication as required by law.
