Wisconsin Association of Lakes E-News
November 2005

In this issue

Upcoming Events

Bills introduced into the state legislature could negatively affect lakes

Pier rules move forward

Northern forest land is for sale

Keeping the North the North

First citation issued for weeds on boat trailer

Clean Boats, Clean Waters: What we have learned at the boat landings

New invasive species resource available online

Help lakes by managing leaves

New tax guide for wetland landowners

Receiving the e-lake letter, but not a member of WAL?


 

Upcoming Events

North American Lake Management Society International Symposium. Monona Terrace, Madison. November 9-11.

Chippewa Valley Environmental Forum. Wise Nature Center at Beaver Creek Reserve, Fall Creek, WI. November 9. Learn about the world of science where we live, work, and play. Download the forum brochure to register.

Save the Date!

Southeast Region Lakes Workshop. Richard T. Anderson Education Center - Waukesha County Technical College (Pewaukee campus). February 18, 2006.

28th annual Wisconsin Lakes Convention. KI Convention Center, Green Bay. April 20-22, 2006. Hands Across the Water. This year's convention will focus on civic engagement skills in supporting clean, healthy, lakes and waterways in Wisconsin.




 

  • Bills introduced into the state legislature could negatively affect lakes
  • Several bills have been introduced in the Wisconsin State Legislature that could negatively affect lakes if they make their way through the legislature. The Wisconsin Association of Lakes is following the progress of these bills (outlined below).

    AB-71: Determination of the ordinary high water mark (OHWM)

    Under current law, DNR is responsible for determining the location of the Ordinary High Water Mark (OHWM) on a lake. The OHWM is a critical line, because it is the boundary used to measure the shoreland zoning building setback and the division between public lakebeds and private riparian ownership. Under this proposed bill, if a county disagrees with the DNR’s determination of the OHWM, the county's OHWM determination would stand.

    The Wisconsin Association of Lakes recognizes that determination of the OHWM is critical to private riparian property owners and the public. However, the Wisconsin Association of Lakes has a number of serious concerns with this Bill:

    • this Bill appears to be based on the perception that any determination made by a county government will be more accurate than one made by the State, but the bill does not establish any qualifications for the individuals who conduct these determinations. This bill offers no basis for property owners or the Legislature to assume that county personnel will produce more reliable results than state employees.
    • WAL is not persuaded that establishing 72 new OHWM authorities will make these determinations more accurate, more consistent or more favorable to either private or public interests.
    • this Bill could be found to be an impermissible delegation of authority over a statewide responsibility to a county government in violation of the Wisconsin Constitution.

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

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

    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 adminstrative 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.

    AB 299: Weakening of Shoreland Protections

    The quality of our lakes is dependent on the health of their watersheds. Nothing has a more profound effect on our lakes than the decisions we make on how we use the land that surrounds them. Increasing development density within the watershed and poorly planned development on sensitive shorelands can negatively impact our lakes in the following ways:

    • Reducing water quality by increasing the amount of polluted runoff making its way into our lakes from roads, lawns, construction sites, storm sewers, and other sources.
    • Altering or destroying important shoreland habitat that supports fish and wildlife.
    • Changing the character of our lakes by altering scenic beauty we associate with our lakes.
    • Lowering property values.

    Current shoreland zoning ordinances are one way to protect our lakes from the harmful effects of poorly planned development.

    AB 299 would eliminate county shoreland zoning regulations for land that is annexed by a city or village from a town. Its passage would dramatically reduce water protections by eliminating protections for some areas on lakes, allowing development to be closer to the water and at greater densities.

    The Wisconsin Association of Lakes supports strong shoreland zoning rules that protect water quality, fish and wildlife habitat, natural scenic beauty, and enhance public rights and private property values.

     
  • Pier rules move forward
  • The passage of the "Job Creation Act" (2003 Act 118) included a legislative directive within the statute for the DNR to codify pier size standards contained in the DNR's existing guidance document, known as the Pier Planner.

    The cumulative impact of multiple piers and related activities can adversely impact water quality and shorelines; these rules are not about individual piers, but rather setting statewide minimum standards for piers so that we can all continue to enjoy and use our lakes. Local governments are free to create stricter pier standards if they are necessary to protect property values and clean, safe, healthy lakes.

    The Wisconsin Association of Lakes has served on the pier rule advisory group since last summer. We have some concerns with the proposed rule, but we believe this is an important rule to help preserve the character and quality of our lakes as well as give property owners certainty that they can continue to use their existing piers.

    An analysis of a recent lake survey by the DNR shows the vast majority (82%) of Wisconsin's piers would not need a state permit under the proposed rules. Another 18% would require only a general permit--a permanent gaurentee for property owners that their existing pier conforms with standards. Only a few exceptional piers would require an individual permit.

    After six public hearings and many public comments, the Natural Resources Board voted to approve the proposed rule with a few amendments (see NRB minutes from their September 28 meeting). The proposed rule now goes to the legislature for approval (the rule is not yet scheduled to go before the legislature at the time of this writing). If you have concerns regarding piers, please write your legislator.

    View WAL's position on the proposed pier rules (NR 326)
  • Northern forest land is for sale
  • Hundreds of thousands of acres once held by the state's large paper companies are now in the hands of real estate investment trusts and timberland investment management organizations. One real estate investment company, Plum Creek Timber Co., headquartered in Seattle, is the single largest private property owner in the state, with title to more than a half-million acres in several northern Wisconsin counties.

    And unlike Wisconsin's paper companies, which held forest land for pulp for their mills, companies such as Plum Creek manage forest lands primarily as an investment, say forestry and real estate specialists who have been monitoring the trend. Little by little, they are selling off land, sometimes in parcels as small as 40 acres, which are then snapped up by developers and subdivided.

    Healthy lakes depend on healthy forests. Forests slow down runoff headed for lakes, help filter pollutants--such as phosphorus and sediments-- before they enter our lakes, and are an improtant source of nutrients and organic material for lakes. Large parcels of uninterrupted forest land with limited human disturbance are essential to maintaining good habitat for plants and wildlife, and opportunities for quiet recreation, such as hiking.

    Read the full article online.
  • Keeping the North the North
  • A decade in the making, the Northern Initiatives still point the way toward reasoned development that sustains the character of the Wisconsin’s Northwoods. Just how do we preserve the character and flavor of “the North?” That's the question community leaders and natural resource managers were asking in the late 1980s and early ‘90s in the face of sweeping change across the region. They developed a long-range plan to help define a vision of the North.

    90 percent of people surveyed for the first Northern Initiatives study said they were “somewhat” or “very” concerned about shoreline development. Northern communities have since used a range of approaches to better protect lakes and rivers while still allowing economic growth.

    Read how this effort is faring today in Wisconsin Natural Resources Magazine
  • First citation issued for weeds on boat trailer
  • A conservation warden issued the state's first citation for weeds found on a boat trailer to a Pelican Lake property owner after he refused to remove weeds pointed out by a volunteer boat landing inspector prior to launching his boat. Mandatory weed removal prior to launching a boat is designed to protect state lakes from aquatic invasive species (AIS), such as Eurasian water milfoil and curlyleaf pondweed.

    Until this first citation, DNR had an education- only policy. However, after three years of public awareness, Barb Krause, who heads up the launch- monitoring program for the lake association said, “If people don't want to be educated and knowingly violate the law, then it's time to write them tickets. We've got to keep the exotic species out or it will have far-reaching effects on water quality, taxes, recreation and property values.”

    DNR is still focused on education, and may not cite people who clearly aren't aware of the law. Citations are more likely if there is evidence that the boat and trailer owner has knowledge of the law, but violated it anyway.

    Read the full story in the Vilas County News Review
  • Clean Boats, Clean Waters: What we have learned at the boat landings
  • In 2005, volunteer watercraft inspectors inspected over 9,000 boats, and contacted almost 20,000 people in the process. Upon close inspection volunteers often uncovered hidden plants on boat trailors and other recreational equipment. Data from this year's inspections revealed the following:

    • 6% of all inspected boats had vegetation attached when they approached the landing.
    • 23% of all inspected boats had vegetation attached as the boat pulled away from the landing.
    • 16% of boaters were not informed of Wisconsin's illegal to launch law (Section 30.715 Stat. 2001 WI Act 16), which prohibits launching a trailer if aquatic plants or zebra mussels are attached.
    • 75% of boaters understand the role they play in moving aquatic plants and animals from one water body to another.

    The 23% of boats pulling away from landings with vegetation attached amounts to over 143,000 boats that could potentially transport and infect another water body with Eurasian water milfoil, zebra mussels, or other invasive species!

    Volunteers reporting this information are in support of amending the current law to also make it illegal to transport attached vegetation. The data collected at the boat landings supports this change. If you too support this change, contact your legislative representatives and encourage them to amend Wisconsin's current law to make it illegal to both launch and transport.

     
  • New invasive species resource available online
  • Aquatic Invasive Species: A Handbook for Education Efforts is a compilation of information on statewide programs, resources, contacts, case studies, and action strategies, including some suggested approaches for designing successful local education efforts. A resource CD filled with articles, fact sheets, presentations, and more accompanies the handbook.

    Download online version of the handbook and other invasive species resources
  • Help lakes by managing leaves
  • Leaves and grass clippings that make their way into lakes and decompose can significantly increase nutrient levels, which can lead to nuisance algea and related water quality problems. To help keep leaves out of your lake:

    • Compost leaves for a nutrient-rich fertilizer for your gardens, or till them directly into the garden.
    • Chop leaves into small particles with a lawnmower so they decompose directly into the lawn.
    • Rake leaves into piles at the edge of the street but not into the street or ditch. Sweep or rake leaves out of the street, gutter or ditch so they don't wash down into the storm drain.

    Madison area groups are conducting a campaign to encourage homeowners to keep leaves out of the Madison lakes. Lake groups may find this approach applicable to their lake.

    Read full article about Madison's Love your Lakes, Don't Leaf Them campaign
  • New tax guide for wetland landowners
  • This new publication from the Wisconsin Wetlands Association helps landowners evaluate eligibility for property tax breaks on wetlands and other conservation lands.

    The guidebook is designed to help landowners anticipate the property tax consequences of wetland restoration decisions and to ensure that the wetlands they currently own are properly assessed and taxed.

    The guide will also help natural resource professionals answer landowner questions about the tax implications of wetland restoration and other stewardship decisions, questions land managers cite as "on the top of the list" when consulting with landowners about new projects.

    Download publication "What does it cost to own a wetland?"
  • Receiving the e-lake letter, but not a member of WAL?
  • We hope you have found our e-lake letter interesting and helpful. If you are not currently a member of WAL, please consider joining us in working for clean, safe, healthy lakes for everyone. Your membership support helps WAL co-sponsor multiple lake education workshops and conferences across the state that reach thousands of Wisconsin lake users each year, work with the legislature to ensure our lakes are protected for generations to come, and keep lake enthusiasts informed through publications such as out monthly e-lake letter and quarterly newsletter, The Lake Connection.