MADISON – The Natural Resources Board today passed updates to state shoreland protection rules, increasing flexibility for property owners to manage their land while improving environmental protections for lakes and streams. The proposal, which was announced by Department of Natural Resources Secretary Matt Frank and supported by the River Alliance of Wisconsin, the Wisconsin Association of Lakes, the Wisconsin Realtors Association and the Wisconsin Builders Association, is the first major statewide shoreland protection revision in over 40 years.
The updates reflect the 50,000 public comments DNR received over several years and more than a dozen public hearings. Legislative review of the proposal is now required.
The proposed changes accomplish three important goals:
More flexibility for shoreland property owners to make improvements to their homes, while reducing the environmental impact of shoreland structures and hard surfaces.
Enhanced protections to preserve water quality, habitat and scenic beauty.
Streamlining the process to administer the rules.
“This proposal achieves a solid balance between the public interest in protecting Wisconsin’s beautiful lakes, rivers and streams, and the rights of private shoreland owners to enjoy their property,” Secretary Frank said. “Modernizing these rules ensures that as Wisconsin grows and develops, we are protecting our most precious natural resources so fundamental to our economy, recreation and our quality of life. This proposal reflects the improvements in our understanding as to what is most effective in protecting our waterways from storm-water run-off, improving both water quality and promoting healthy wildlife and fisheries habitat.”
Wisconsin’s shoreland protection rules were first created in 1968. They largely apply to unincorporated areas - those outside city and village boundaries. Under the proposal, basic provisions of the shoreland protection rules would remain unchanged, including the 75 foot setback from the shoreline for new structures and minimum lot sizes of 20,000 square feet (10,000 square feet for sub-standard lots). The new rule would implement a 35 foot limit on the height of shoreland structures.
Under the new rules, shoreland owners with an existing non-conforming residence located between 35 feet and 75 feet of the shoreline would have greater flexibility to make home improvements. Spending limits for repairs to existing homes are removed. It will no longer be necessary to request a variance from the county if the homeowner is spending more than 50% of the value of the property.
However, a property owner expanding the physical footprint of a non-conforming structure will be required to offset the environmental impact of the expansion by choosing from a number of options. Examples include reducing the amount of mowing next to the water, installing rain-gardens to absorb storm runoff, or re-planting native vegetation near the shoreline. Non-conforming structures may not be expanded towards the water but may be expanded on the other three sides, as long as impacts are offset.
In addition, the proposal would implement a cap for the amount of impervious surface allowed on shoreland property, similar to caps found in a number of county shoreland ordinances. Impervious surfaces include the roofs of buildings and pavement. No limitations would exist for additions or new buildings where the lot’s impervious surfaces do not exceed 15% of the total lot size. Where the sum total of impervious surfaces is between 15% and 30% of the lot size, property owners would be required to offset the environmental impact. The total impervious surface on a shoreland lot would be limited to no more than 30%.
In addition the proposal will streamline the process for reviewing changes in shoreland property, benefiting both property owners and the counties that administer shoreland protection ordinances. Simplified permits and reducing the need for variance applications will make compliance easier for both property owners and county governments.
Find a comparison of the updates to the current rule, a factsheet, audio files answering key questions, and other materials about the proposed changes to chapter NR 115 of the Wis. Administrative Code on the shoreland management pages of the DNR Web site.
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