Country Living Articles:
3. "Buying or Living in the Country: Have You Thought About...Local Regulations?"
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3. "Buying or Living in the Country: Have You Thought About...Local Regulations?" |
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By Glacierland Resource Conservation and Development Council and David C. Such, University of Wisconsin - Extension |
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Note: This is the third in a series of articles focusing on country living and information that should be considered by those thinking about rural residency. Governmental bodies (towns, villages, cities and counties) have authority to control the use of land for the purpose of promoting public health, safety and welfare. A governmental body can purchase some or all property rights from a landowner. In addition, it can enact regulations to control land uses. As a rural property owner, general knowledge of public controls of land use is important. One type of governmental land use control is zoning. Zoning determines how land may be used, the minimum size of parcels, the height of structures, setbacks required from road and/or property lines and other features. The purpose of zoning is to provide for orderly development and to minimize conflicts between incompatible land uses. For example, an industrial foundry is generally considered incompatible with residential uses. Some towns adopt and administer their own zoning ordinance. In other cases, town boards approve a county ordinance which the county zoning administrator enforces. A town board may decide not to participate in zoning. Zoning districts are defined by the town board. Typical zoning ordinances [usually] include one or more residential districts with varying minimum lot sizes, one or more agricultural districts, a commercial and/or industrial/manufacturing district and a conservancy district. A zoning ordinance permits certain land uses in each district. Additional uses, called special exemptions or conditional uses, are permitted if specific proposals are approved; special conditions may be put on these uses. Uses in existence when a county or local board adopts an ordinance are “grandfathered” even if they are not permitted in that zoning district. Such non-conforming uses are allowed to continue, but generally cannot be expanded or, if discontinued for period of time, cannot resume. Many rural zoning ordinances also have a district known as ‘exclusive agriculture’. The purpose is to preserve good agricultural soils for farming and minimize conflict with other uses. Residential development is usually not permitted unless the residence is farm-related, a farm family uses the residence, or the lot was created before the property was rezoned into an exclusive agricultural district. Another type of regulation is shore land and floodplain zoning. Shore land zoning is designed to protect the public interest in water quality. It applies to all land within 1,000 feet of a lake, 300 feet of a navigable stream to the landward side of a floodplain. By law, each county must adopt and enforce an ordinance that meets State standards. The ordinance applies to all rural land. Typical provisions require a minimum of 100 feet of water frontage per parcel, a building setback of 25 feet from the water edge and a septic system drainfield setback of 50 feet from the water. State standards require counties to preserve open space within the floodway - the area needed to discharge moving floodwaters - through floodplain zoning. Land that is flooded during high water is distinguished from land that comprises the ‘bed’ of navigable bodies of water. The bed of a waterway is marked by the presence or action of water (as seen by erosion, the absence of vegetation, or presence of aquatic plants). The limits of the bed are defined by the ordinary high water mark which separates lands exposed to water action from adjacent uplands. For certain activities it marks the water ward limits of local zoning authority. To obtain access to waterways and utility easements, construct highways or carry out other public projects, some government bodies have the authority to condemn private property through eminent domain. The governmental body must pay fair market value for the property. Subdivision regulations apply to landowners who create five or more parcels of 1.5 acres or less in a period of five years. Wisconsin law requires a formal platting process be conducted.. A registered surveyor must prepare a plat whereby each lot is numbered and approved by State and local authorities. A certified soil tester must conduct percolation tests, and proper access to public roads must be provided. Any construction or substantial renovation of permanent structures in rural areas usually requires a local building permit. A fee is paid to the local unit of government for the permit which must then be posted on the building site. Understanding local regulations associated with rural property is an important consideration for landowners. While there are undoubtedly many more questions about living or buying in the country, seeking answers and information on the topics already discussed should provide a foundation of information upon which intelligent decisions can be based. To assist in finding answers and/or for more information, contact Greg Hines, Coordinator, Glacierland RC&D, 3086 Voyager Drive, Suite 1, Green Bay, WI 54311. Telephone 920/465-3006. Fax 920/465-3010. Email: greg.hines@wi.usda.gov Revised 11.03 |
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