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Winnebago County committee adds language letting towns resume general zoning in shoreland areas
Summary
The Winnebago County Planning & Zoning Committee voted to add a provision allowing towns to resume administration of general zoning in shoreland areas by submitting a resolution to the county, after a member raised legal and fairness concerns about overlapping town and county codes.
The Winnebago County Planning & Zoning Committee voted to add a provision to several shoreland zoning resolutions that lets a town resume general zoning in its township by submitting a resolution to the county stating it no longer wishes county administration of chapter 23 general zoning in town shoreland areas.
The provision was proposed after a committee member read a prepared statement raising legal and equity concerns about having two general zoning codes in the same township. The member said, "A town should be able to administer general zoning in their town or contract that zoning administration to whoever they want," and argued that overlapping codes could force duplicate public hearings and treat parcels inconsistently when only a portion of a parcel is in shoreland.
Staff advised the committee that the applicable ordinance is chapter 23 and that the towns had submitted resolutions and findings showing an adopted plan and compatibility with adjacent uses. Committee members discussed whether an intergovernmental agreement might better define standards and enforcement and suggested consulting county legal counsel about the mechanics of such an agreement. One member emphasized improving GIS shoreland mapping so shoreland parcels are visible ahead of applications, which staff said could help coordinate reviews and reduce surprises for applicants.
The committee first voted to add the dissolution language and then voted to approve the county resolutions as amended. The record does not include numeric roll-call tallies for the votes beyond the verbal "aye" responses and an abstention later when the Black Wolf chairman abstained from that town's item.
The committee’s action affects multiple town shoreland zoning resolutions considered at the meeting; staff framed the change as a procedural safeguard to allow towns an explicit route to reclaim general zoning authority in shoreland areas. The committee did not adopt a county-wide intergovernmental agreement at the meeting and directed that any such arrangement be evaluated with legal counsel.
The committee moved on to other agenda items after approving the amended resolutions.
