Land use policy-makers: Who’s Who and What They Do

A brief overview of following local government policy-makers whose decisions can affect our lakes:

• Planning and Zoning committee
• Zoning department
• Board of Adjustments/Appeal
• Corporation counsel
• County Executive
• Administrative coordinator
• Governing body

Planning and Zoning Committee

A committee of the local governing body (county board, city council, etc.) called the planning and zoning committee, planning commission or some similar body is composed of elected officials or a mix of elected officials and citizens appointed by the chair of the governing body with its approval.

It is responsible for development of land use plans and administration of implementing ordinances. The committee may direct its staff to initiate planning or it may contract with a regional planning commission or professional consultant. The committee, following legal public notice and hearing, recommends adoption or modification of proposed plans or implementing ordinances to the elected governing body which may adopt, reject or modify the plan, map or ordinances.

The planning and zoning committee may also decide conditional use permits if that duty is assigned by ordinance. It supervises activities of the zoning administrator and other planning and zoning staff. The committee may appeal decisions of the board of adjustment/appeals to circuit court.

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Zoning Department

The zoning department is the key to an effective land use regulation program. The zoning administrator and other department staff act as staff to the planning and zoning committee. Duties include processing permit applications, receiving appeals and applications for conditional uses and variances and providing information for the public and permit applicants.

Often the administrator advertises and schedules public hearings and may provide testimony and recommendations at public hearings. The administrator maintains custody of official ordinances, maps and zoning records and makes inspections to determine compliance with the ordinance and initiates any required enforcement procedures.

This office is the single best source of information about proposed and current development projects. Decisions of the zoning administrator are appeal able to the board of adjustment/appeals.

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Board of Adjustment/Appeals

The Board of Adjustment (board of appeals in incorporated cities and villages) is appointed by the chair of the local governing body to hear appeals (disagreements about ordinance requirements), variances and (if assigned by ordinance) conditional use applications.

State law describes membership requirements and duties of the county board of adjustment (s. 59.99, Stats.). It is known as a quasi-judicial body (almost like a court) because its decisions are bound by strict criteria outlined in state statute and the ordinance.

It is not a policy making body as is the planning and zoning committee and may only recommend ordinance changes to the committee. The board must apply the ordinance as written. Board decisions may be appealed to circuit court by a procedure know as certiorari.

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Corporation Counsel

The corporation counsel is the attorney for a local unit of government. He or she can provide legal opinions to the governing body and its committees and interpret the powers and duties of the board and county officers (s.59.07 (44), Stats.).

Encourage boards, committees or zoning agency staff to consult with the municipal counsel if the question is a legal one. Recognize that he or she is employed to represent the interests of the municipality.

The corporation counsel also serves as prosecuting attorney for violations of municipal ordinances. In some cases a committee of local government may have cause to sue the board of adjustment over its decisions. Such actions may present a conflict of interest for a corporation counsel who may have been called on to advise both bodies.

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County Executive

(no equivalent position for cities, villages and towns)

The County Executive is an elected official who typically appoints and supervises the heads of all county departments with confirmation from the county board.

The County Executive must approve or veto all resolutions or ordinances, and therefore can have substantial influence over these types of legislative decisions. In the case where the County Executive vetoes a resolution or ordinance, the board can override the exec’s veto by a 2/3 vote.

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Administrative Coordinator

Appointed by the governing body, the Administrative Coordinator has the responsibility to appoint and supervise the heads of all municipal departments with confirmation from the governing body.

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Governing Body

(county or town board, city council, etc.)

The local governing body of elected officials approves or rejects comprehensive land use plans, zoning ordinances and amendments on recommendation from the planning and zoning committee. It approves contracts with planning or legal consultants involved in planning and zoning and also authorizes budgets for the planning and zoning office, corporation counsel and other local government agencies that affect planning and land use law administration.

Because it holds the policy and fiscal reins of local government, this body is ultimately responsible for the success or failure of local land use policy and law administration. As elections change the faces on the board or council, the planning department or citizen advocates should inform newcomers about the importance of community plans and implementing regulations and policies.

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