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DCPREZ-0000-04596
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DCPREZ-0000-04596
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Last modified
10/20/2016 8:14:13 AM
Creation date
10/19/2016 4:20:05 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
04596
Town
Dunn Township
Section Numbers
23
AccelaLink
DCPREZ-0000-04596
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yet <br /> •tC <br /> • <br /> 10 SUPREME COURT OF WISCONSIN. [OcT. <br /> Just v.Marinette County,66 Wis.2d 7. <br /> Wis. L. Rev. 35, 62, 63. The ordinance was designed <br /> meet standards and criteria for shoreland regulation <br /> which the legislature required to be promulgated by the <br /> department of natural resources under sec. 144.26, Stats. <br /> These standards are found in 6 Wis. Adm. Code, sec. NR <br /> 115.03, May, 1971, Register No. 185. The legislation, <br /> secs. 59.971 and 144.26, authorizing the ordinance was <br /> enacted as a part of the Water Quality Act of 1965 by <br /> ch. 614, Laws of 1965. <br /> Shorelands for the purpose of ordinances are defined <br /> in sec. 59.971 (1), Stats., as lands within 1,000 feet of <br /> the normal high-water elevation of navigable lakes,ponds, <br /> or flowages and 300 feet from a navigable river or stream <br /> or to the landward side of the flood plain, whichever <br /> distance is greater. The state shoreland program is <br /> unique. All county shoreland zoning ordinances must be <br /> approved by the department of natural resources prior <br /> to their becoming effective. 6 Wis. Adm. Code, sec. NR <br /> 115.04, May, 1971, Register No. 185. If a county does <br /> not enact a shoreland zoning ordinance which complies <br /> with the state's standards, the department of natural <br /> resources may enact such an ordinance for the county. <br /> Sec. 59.971 (6). <br /> There can be no disagreement over the public purpose <br /> sought to be obtained by the ordinance. Its basic purpose <br /> is to g <br /> protect navigable waters and the public rights <br /> therein from the degradation and deterioration which <br /> results from uncontrolled use and development of shore- <br /> lands. In the Navigable Waters Protection Act, sec. <br /> 144.26, Stats., the purpose of the state's shoreland regu- <br /> lation program is stated as being to "aid in the fulfill- <br /> ment of the state's role as trustee of its navigable waters <br /> a 3 and to promote <br /> public health, safety, convenience and <br /> general welfare." ' In sec. 59.971 (1), which grants au- <br /> "144.26 Navigable waters protection law. (1) To aid in the <br /> fulfillment of the state's role as trustee of its navigable waters <br /> ! <br />
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