AB-734: limiting rules regarding the placement of rip-rap

Oppose: Failed to pass the Senate

Natural shorelines provide important habitat for fish and wildlife, help control erosion, and filter out pollutants before they enter our lakes. Artificial erosion control methods, such as rip-rap, may help control erosion, but they can also destroy important fish and wildlife habitat and do not filter pollutants.

Rip-rap may be an appropriate erosion control method in some situations. The current shoreland erosion control rules (NR-328) approved by the legislature this past Spring, allow exemptions and general or individual permits for a wide range of shore erosion control structures, including rip-rap.

The proposed bill (AB 734) would set a new standard for decisions on placement of rip-rap in public waters that might cause tremendous losses of fish and wildlife habitat. The proposed standard allows conversion of natural shoreline to rock based simply on verification that erosion exists. Erosion can be found to exist on any shoreline, even on the most undeveloped waterways.

The bill does not improve the ability of waterfront property owners to prevent loss of property to erosion. The Wisconsin Association of Lakes board of directors unanimously voted to oppose this bill for the following reasons:

• the Bill subverts the legislative and rulemaking processes that created reasonable rules, standards, and a process by which riparian owners can pursue efforts to protect against shoreline erosion.
• the current statute and administrative rules are flexible; they allow a variety of erosion control methods, including rip-rap, and DNR experts work with property owners to find the best methods to prevent erosion and protect our lakes.

The Wisconsin Association of Lakes Board of Directors unanimously voted to oppose this bill.