Know your legal rights: Here’s what you can do if you disagree with land zoning decisions

Many people become upset when their local government enacts new zoning ordinances or makes zoning decisions that can alter the neighborhood or community, such as by allowing commercial businesses in areas that were previously zoned for residential.

Local officials strive to balance everyone’s interests, but their decisions can sometimes anger or disappoint those who oppose them. If you find yourself in this situation, here are some steps to consider:

Learn From Your Local Government

As soon as you become aware of an application for a permit or zoning change that concerns you, gather all the information you can from your local government.

• What is the applicant planning to do?
• How will it affect you?
• Who else will be affected?
• What is the timeline?

To obtain this information, call your local government clerk and request a copy of the zoning application. Ask when the board will next meet to discuss it.

If the clerk is unhelpful, you may request the documents under the Wisconsin Open Records Law, either on your own or with an attorney’s help.

Identify Applicable Deadlines

The most critical information is the deadlines for submitting your comments and any potential appeals. Missing a deadline may prevent you from appealing the decision.

Ask the Municipal Clerk

• When will the matter will be heard, and by which governmental body?
• What governmental body will review it after the initial review?
• What is the timeline for court review?

If the Clerk does not know, then you should ask the mayor or equivalent official. If they are also unsure, consult an attorney specializing in zoning issues. Remember, deadlines are critical.

Meet with Your Officials and Tell Them Your Position

• Call officials on the zoning commission and the municipal board to share your concerns.
• Attend all public hearings regarding the permit or zoning change and speak when allowed.

Mobilize Your Neighbors

• Inform your neighbors about the zoning change by knocking on doors and talking to people, or by distributing leaflets.
• Post notices in public places about upcoming meetings.
• Ask your neighbors to contact the officials and to attend public meetings.
• Invite neighbors to file comments at the appropriate times.

Consider Hiring Experts

• If you are worried about harmful impacts of the newly permitted project, experts in the field can provide insights into what impacts are significant and what are not.

Contact the Press

• The media can help raise awareness. Reach out to local newspaper and television and radio stations to see if they will cover the issue.

Draft Your Comments and Speak At Hearings

• Let the zoning board or commission know what you think. The officials represent you and need to hear your perspective.

Seek Legal Assistance If Needed

An attorney can help you navigate the process:

• Determine the deadlines for appealing the zoning changes to local boards and the court.
• Understand the local ordinances and state statutes governing the zoning changes and permits.
• Draft comments for the local zoning bodies and weigh the pros and cons of filing a lawsuit once the decision is final.

Kathleen Henry is founder of Dairyland Public Interest Law in Madison. She is experienced in challenging zoning decisions at local levels and in courts, and does other legal work for protection of the environment and public health. To find an attorney near you, contact the State Bar of Wisconsin Lawyer Referral and Information Service, which connects Wisconsin residents with lawyers throughout the state. Learn more at wislaw.org.