Municipalities — shoreland property

Wisconsin Court of Appeals

Civil

Municipalities — shoreland property — zoning

Under the statutory scheme for regulation of shorelands, a town’s zoning board has no authority to enforce the town’s ordinance upon shoreland property.

“The plain language of the statutory scheme evinces that by enactment of WIS. STAT. §§281.31 and 59.692, the legislature intended that towns would not have authority to regulate shorelands except where such regulation fell within the language of §59.692(2)(b), which is not the case here. That statutory scheme does not distinguish between towns with village powers and those without. Thus, the Board’s claim of authority with regard to Hegwood’s fireplace and pergola fails.”

Affirmed.

Recommended for publication in the official reports.

2012AP2058 Hegwood v. town of Eagle Zoning Board of Appeals

Dist. II, Waukesha County, Hassin, J., Gundrum, J.

Attorneys: For Appellant: Alexy, Paul E., Waukesha; For Respondent: Hammes, James W., Waukesha; Gutenkunst, Kathryn S., Waukesha