2009AP2021 Lake Beulah Management District v. Village of East Troy

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Natural Resources
Preemption

A local ordinance regulating high capacity wells is preempted by state law.

“The ordinance logically conflicts with the legislature’s framework directing the DNR to regulate high capacity wells and also granting the DNR the authority to manage waters of the state. The legislature has chosen the DNR to ‘serve as the central unit of state government to protect, maintain and improve the quality and management of the waters of the state, ground and surface, public and private.’ Wis. Stat. § 281.11. The legislature has further provided that the purpose of Wis. Stat. ch. 281 is ‘to organize a comprehensive program under a single state agency for the enhancement of the quality management and protection of all waters of the state.’ Id. The framework for the comprehensive program within which the DNR regulates high capacity wells is set forth in Wis. Stat. § 281.34 and § 281.35.”

Affirmed.

2009AP2021 Lake Beulah Management District v. Village of East Troy

Crooks, J.

Attorneys: For Appellant: Laing, Dean P., Milwaukee; For Respondent: Kent, Paul G., Madison

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