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2019 Op. Wis. Att'y Gen. 1 (2019)

handle is hein.sag/sagwi0111 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE BRAD D. SCHIMEL 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison,WI 53707-7857 Paul W. Connell 608/266-1221 Deputy Attorney General TTY 1-800-947-3529 Delanie M. Breuer Chief of Staff January 2, 2019 OAG-0 1-19 Mr. Brian J. Desmond Corporation Counsel Oneida County Courthouse Post Office Box 400 Rhinelander, WI 54501-0400 Dear Mr. Desmond: ¶ 1. You have requested an opinion on whether a county can impose a single- family zoning provision from its general zoning ordinance, enacted under Wis. Stat. § 59.69(5), in its shoreland zoning ordinance, enacted under Wis. Stat. § 59.692(1c), in a town that has not adopted the county's general zoning ordinance under Wis. Stat. § 59.69(5)(c). Specifically, Oneida County's Zoning and Shoreland Protection Ordinance provides that the provisions of its general zoning ordinance shall apply in the shorelands through the County, to the extent applicable. Oneida County, Wis., Gen. Code art. 9.90C. Oneida County zoned the shorelands surrounding two lakes for single-family housing, a zoning use in its general zoning ordinance, based on petitions filed by landowners under Wis. Stat. § 59.69(5)(e). The two lakes are in towns that have not adopted the county's general zoning ordinance. ¶ 2. I conclude that Oneida County has the authority to zone these shorelands for single-family housing because such zoning is consistent with the express powers granted to counties and does not violate any of the specific restrictions on shoreland zoning in Wis. Stat. § 59.692. Further, a county's authority to zone the shorelands is not limited by a town's failure to adopt the county's general zoning ordinance because Wis. Stat. § 59.692(2) grants counties the authority to zone shorelands to the exclusion of towns. ¶ 3. You also request an opinion on whether Oneida County is violating the equal protection clause by zoning only two lakes in the county for single-family housing. I decline to offer an opinion on this question because it would involve offering an opinion on the legislative judgment of the Oneida County Board. In addition, any

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