ISSUE ARISES: WHO SETS POLICY ON COUNTY
ZONING ISSUES?
   Atty Mark Hazelbaker
The newly-appointed Zoning and Land Resources Committee of the Dane County Board wasted no time in dealing with the simmering question of control over the policies which govern important areas of land use policies in Dane County.  The issue arose because the zoning administrator has, in recent years, issued memoranda which claimed to create or modify policies that modify ordinance requirements.  Some of these policies have a dramatic impact on land owners and towns.

Most notably, several years ago, the zoning administrator issued a memorandum which effectively amended the exclusive agriculture zoning ordinance. Under that ordinance, sec. 10.123, Dane County Code, no new residences are permitted except for residences built to serve a person who is actively engaged in farming the parcel of land and who derives "substantial income" from the farm.  The ordinance does not define the term "substantial income."  Almost a decade ago, the Zoning Committee adopted a motion which established that a farmer would be deemed to have "substantial income" if the farm generated $6,000 per year in income - the amount of income needed to qualify for a farmland preservation credit.

Early in 2002, the zoning administrator issued a memorandum revising the substantial income policy by increasing the required dollar amount to $10,400.  the administrator did so without asking for zoning committee approval.  At the time, the Dane County Towns Association protested the action because it was taken by a non-elected
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