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Intro || Zoning 101 || Catching Up With the Zoning Approval Process || Public Participation || Shoreland Zoning
 Public Participation in Local Land Use Decisions in Wisconsin
 Though few local zoning decisions actually require public comment, many local units of government routinely provide opportunities for public input on land use decisions, often in the form of public hearings. However, even when they invite testimony, local officials may be under no obligation to actually consider the public’s input in their decisions (see sidebar). So the degree to which your input is considered may depend upon local ordinances, the type of decision being made, the temperament of the people who serve, the quality of the information they receive, and how they receive it.
None of this should discourage you from talking to your local zoning staff or elected officials, privately or at hearings, to help them make land use decisions that protect local wetlands. But you will need to think strategically. Keep the following ideas in mind as you do:
- Keep the conversation open: Engage in an ongoing dialogue with decision-makers throughout the project approval process. This will ensure that your concerns are heard and help you to gather valuable critical information about decision-making criteria and the range of outcomes under consideration.
- Encourage consistency with state and federal wetland regulations: Eventually, local developers will have to comply with state and federal wetland laws. So why would local governments approve project designs that will only need to be reconfigured and reconsidered once the regulatory review begins? Advocate for early involvement by regulatory agencies to advance project plans that avoid and minimize wetland impacts.
- Build relationships: Most local officials also have day-jobs. They have limited time and need reliable information from people they trust. Do your homework and approach decision-makers with respect and sensitivity to the difficulty of their job, while helping them understand why wetlands matter and deserve protection.
- Offer solutions: Advocating for something will usually get you farther than advocating against something. Well-researched development alternatives will always receive consideration by regulatory agencies and may be appreciated by local officials too.
- Avoid the NIMBY label: NIMBY stands for "not in my backyard." If someone calls you a NIMBY it means that they think you only care about a project because it will affect your personal use and enjoyment of your own or adjacent lands. We applaud concerned citizens for paying attention and responding to what’s happening in their neighborhoods. If not you, who? But the more you can communicate your concerns in terms of the impacts a given project will have on the community as a whole, the more credible your input will be.
Elected officials may also be more receptive to public concerns voice by individuals and organizations that routinely weigh in on local issues rather than those who’ve only organized in opposition to one particular project. If you don’t have a personal track record of public input, try to collaborate with someone who does to improve your chances of having your input fall on receptive ears.
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A Local Government Perspective on
Public Input:
Have you ever shared comments at a public meeting and left frustrated by the governing body’s failure to act on your input? Sometimes this happens under unresponsive leadership, but other times elected officials may choose to postpone discussion on an item in order to comply with public notice and open meeting laws.
For more information on what local governments must consider when inviting and responding to public comments,
click here.
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Remember, nobody likes a long, drawn out fight. Development controversies can divide communities, divert energy from more important priorities, and cut into project sponsor profits. The more you can help your community avoid these pitfalls, while avoiding wetland destruction, the more valuable your input will be.
Additional Resources
For more information on how to improve the effectiveness of your efforts to protect local wetlands click on Wetland Protection Strategies on the main menu above. Additional information on how to influence local zoning decisions can be found through the resources below:
- A Citizen’s Guide to Land Use in Wisconsin by 1,000 Friends of Wisconsin provides tips on influencing land use decisions, including advice for getting organized (pg. 25) and a check-list for providing effective testimony at land use planning hearings (pg. 28).
- The Zoning Board Handbook by the Center for Land Use Education provides an excellent resource to help concerned citizens understand the zoning review decision-making process and the criteria Zoning Administrators and Board members should base their decisions upon. To better understand the local decision-making process, we recommend that you review the following sections:
Chapter 5-7: These chapters cover Wisconsin open meeting laws; ethical and procedural considerations; and recommendations on the adoption of operating rules for zoning board business. This information can help citizen advocates sort through whether conflicts of interest or procedural errors have interfered with the community’s ability to review and provide input on complete and objective information about a proposed wetland development project.
Chapter 12: This chapter explains the three categories of zoning decisions (administrative, quasi-judicial and legislative), who makes the decisions, and how much discretion decision-makers have in rendering approvals and denials. Coupled with your understanding of the content of local zoning ordinances, this information will help you to hold decision-makers accountable for making zoning decisions that are consistent with local and county laws. .
Chapters 13-17: These chapters explain the different types of zoning decisions (e.g., conditional use permits, variances) and describe the procedural steps in the decision-making process, including where public input is customary or required and the remedies available for appealing decisions. This information will help you determine the most effective strategies for influencing project outcomes. For example if you know that the entire Town Board supports a proposed project, but that the County Board must also approve the plans, you can begin to educate and build trust with county staff and elected officials before the project reaches their desk for review.
- Toolbox for Shaping the Future of Your Lake by the Center for Land Use Education provides a detailed overview of how local zoning ordinances are developed and implemented in Wisconsin Counties and Towns and how you can participate in decision-making to improve water quality in your community.
- Wisconsin Open Meetings Law Compliance Guide by the Wisconsin Department of Justice summarizes the policy of Wisconsin’s Open Meetings Law, when it applies, and how it’s enforced.
> Click here to continue for an overview of shoreland zoning.
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If you find these pages useful and would like to help expand Wisconsin Wetlands Association’s
efforts to provide community-based wetland protection assistance, please click here. |
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