City of La Crosse v. Wisconsin Department of Natural Resources

The Department of Natural Resources appeals a judgment which set aside DNR’s disapproval of a flood plain zoning ordinance enacted by the City of La Crosse and ordered DNR to approve the ordinance. 1 The trial court erroneously placed the burden of proof upon DNR to show that the ordinance did not meet statutory and regulatory criteria for approval, rather than upon La Crosse to show that DNR’s decision did not meet the standards of ch. 227, Stats. Because DNR was not required to approve the ordinance, we reverse the judgment.

Land use on flood plains is regulated jointly by local governments…