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Kasieta <br /> toLegal <br /> �H,Group, LLC <br /> A Limited Liability Company <br /> Attorney Mark B.Hazelbaker <br /> Circuit Court Commissioner <br /> Direct Line: 608.662.2300 <br /> Direct Email: mh@kasieta.com <br /> August 3, 2021 <br /> Chair Norm Bickford <br /> Burnett County Land Use and Information Committee <br /> Burnett County Government Center <br /> Siren,WI 54872 <br /> RE: Ordinance Imposing Moratorium On Campgrounds <br /> Dear Chair Bickford: <br /> The Wisconsin Association of Campground Owners, my client, is willing to meet with and work <br /> with Burnett County to address the concerns which led to the adoption of a "moratorium" <br /> ordinance. We have some concerns about the ordinance and the process. Please know,however, <br /> that this letter is intended as a request that Burnett County include WACO as an interested party, <br /> not as a demand letter. We want to help Burnett County address the concerns that have been raised. <br /> Some concerns do need to be addressed. The ordinance, TXT 21-01, indicates it is a <br /> "...moratorium on any new campgrounds and campground expansions...." The ordinance <br /> unmistakably seeks to prevent the approval of any rezonings, subdivisions or land divisions to <br /> create campgrounds. Because it does, the ordinance is a"development moratorium" as that term <br /> is defined in sec. 66.1002 (1)(b)of the Wisconsin Statutes. <br /> Section 59.69 (4), part of the County zoning statute, strictly limits the use of development <br /> moratoria. That section provides"The board may not enact a development moratorium,as defined <br /> in s. 66.1002 (1)(b),under this section or s. 59.03,by acting under ch. 236,or by acting under any <br /> other law, except that this prohibition does not limit any authority of the board to impose a <br /> moratorium that is not a development moratorium." <br /> With all due respect, the ordinance most certainly is a development moratorium. It exceeds the <br /> County's authority under the statutes. The two-year moratorium which is being proposed by an <br /> anti-development group would be even more unlawful. <br /> The ordinance, literally read, would prevent a campground which has zoning in place from <br /> expanding into available land. The ordinance, in effect, rezones all land in the County to make <br /> campground expansions or creations a prohibited use. That is not permissible. Wisconsin law <br /> does not permit counties to stop granting rezonings or land divisions. <br /> 559 D'Onofrio Drive, Suite 222 Madison, WI 53719-2842 <br /> (608) 662-9999 Fax (608) 662-9977 <br /> www.kasieta.com <br />