Guide to Community Planning in Wisconsin by Brian W. Ohm

Chapter 2:  Types of Plans & Overview of Implementation Tools
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2.5.2  Special Types of Zoning

In addition to general zoning, there are also special types of zoning directed at protecting prime agricultural lands and sensitive environmental resources. These special types of zoning often follow different statutory and procedural requirements than general zoning.

2.5.2.1 Floodplain Zoning

Wisconsin law requires that cities, villages, and counties (in the unincorporated areas) adopt floodplain zoning ordinances.(69)  The minimum standards which the local ordinances must meet are specified in rules developed by the Wisconsin Department of Natural Resources.(70)  County floodplain zoning ordinances are not subject to town approval. Local ordinances can be more restrictive than these rules.

2.5.2.2 Shoreland Zoning

Wisconsin law requires that counties adopt zoning regulations within shoreland areas located in the unincorporated areas.(71)  Shoreland areas are those lands within 1,000 feet of a navigable lake, pond, or flowage, or 300 feet of a navigable stream or the landward side of the floodplain, whichever distance is greater. County shoreland zoning ordinances are not subject to town approval.

Wisconsin law also requires that cities and villages place wetlands of five acres or greater located within the shorelands in a conservancy zoning district. Minimum standards for shoreland/wetland zoning ordinances are specified in rules developed by the Wisconsin Department of Natural Resources.(72)  Local standards may be more restrictive than these rules.

2.5.2.3 Exclusive Agricultural Zoning

Cities, villages, towns and counties may adopt exclusive agricultural zoning for farmland under the Farmland Preservation Program. For farmers to be eligible for income tax credits, exclusive agricultural zoning ordinances must meet standards set forth in the statutes for the Farmland Preservation Program.(73)  The standards require a minimum parcel size of 35 acres and limit the use of land to those that are agriculturally related. The ordinances must be consistent with the county farmland preservation plan. Farmers who participate in the program receive an income tax credit.

2.5.2.4 Extraterritorial Zoning

Any city or village that has a plan commission may exercise extraterritorial zoning power in the unincorporated areas surrounding the city or village.(74)  The extraterritorial zoning power may be exercised in the unincorporated areas located within 3 miles of the corporate limits of a first, second, or third class city, or within 1½ miles of a fourth class city or village. Extraterritorial zoning may be initiated by a city or village adopting a resolution and providing notice of the extraterritorial area to be zoned. The city or village may unilaterally adopt an interim zoning ordinance to preserve existing zones or uses for up to two years while a comprehensive zoning plan is being prepared.(75)  A joint committee, consisting of three city or village plan commission members and three town members must approve of the plan and regulations by majority vote.

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(69)  Wis. Stat. § 87.30.
(70)  Chapter NR 116 of the Wisconsin Administrative Code.
(71)  Wis. Stat. § 59.692 for counties, Wis. Stat. § 62.231 for cities, and Wis. Stat. § 61.351 for villages.
(72)  Chapters NR 115 (for counties) and NR 117 (for cities and villages) of the Wisconsin Administrative Code.
(73)  Wis. Stat. § 91.75.
(74)  Wis. Stat. § 62.23(7a).
(75)  Wis. Stat. § 62.23(7a)(b).

Wisconsin Statutes