The Wisconsin Association of Lakes would like to thank Governor Jim Doyle for listening to the concerns of our members and vetoing Assembly Bill 299 (AB 299). “We are grateful that the Governor vetoed this unnecessary bill that threatened waterfront property values and lake habitats,” says Executive Director Peter Murray.

AB 299 would have immediately eliminated all shoreland zoning requirements for land annexed by a city or village. Removing shoreland protection standards for annexed areas would have allowed development to be closer to the water and at higher density, led to uneven shoreland protections for lakes surrounded by annexed and un-annexed lands, and jeopardized millions of dollars property owners have invested into structures that meet the current statewide minimum standards for shoreland development.

“We can all agree that Wisconsin’s many lakes and rivers are vital to our economic base and our quality of life. While I do not dispute that we need to continue to grow and develop, I believe we can do so in a way that respects our natural resources and our strong environmental legacy,” stated Governor Jim Doyle in a press release.

When the legislature passed 2003 Act 118, it exempted some piers from permit requirements under the statute, created new permitting categories, and directed the Department of Natural Resources (DNR) to develop rules to administer this statute. The DNR obtained significant public input, and revised the existing rule (NR 326) that met the letter and intention of the statute. The legislature returned the pier rules to the Department for unspecified modifications.

Meanwhile, the legislature has been trying to change the statute again with regard to piers (Assembly Bill 850). The Wisconsin Association of Lakes and other stakeholders worked with the legislature and found a compromise to which all parties agreed was acceptable.

The Assembly introduced two amendments to AB 850, which went against the compromise and agreement. The first amendment expands the grandfather provision for existing piers to include all piers with loading platforms up to 300 square feet, larger than the size of many living rooms. The second amendment eliminates the temporary increase in motorboat gas tax formula to provide funding for DNR staff to assist lakefront property owners. These amendments passed the Assembly and narrowly passed the Senate.

Governor Jim Doyle is expected to veto the measure. “The goals of pier rules are to balance private and public rights, protect neighboring rights, and address habitat impacts while providing clear standards and a streamlined permitting process,” says Executive Director, Peter Murray. “Lake front property owners all around the state are now more confused than ever about whether they need a permit for their pier.”

Questions about piers?

An edition of current Pier Planner which reflects the statutory changes made by 2003 Act 118 and the preexisting NR 326 that remains in effect is available online. This document is intended to assist waterfront property owners to design and place a pier that does not require a DNR permit.

DNR’s waterway permitting (Chapter 30) website includes a page on piers which is intended to help users determine if their project is exempt, and what kind of permit they need if they need a permit.

Manure runoff from detention ponds and/or saturated land—at Wisconsin’s largest livestock facilities, known as Large Concentrated Animal Feeding Operations—can have disastrous effects on our groundwater and drinking water supplies, lakes, and rivers. Immediate consequences of manure spills include fish kills, polluted drinking water, and an influx of nutrients that can trigger smelly algae blooms. Spreading manure on saturated lake watershed soils leads to reoccurring and long-term negative impacts on our lakes by contributing to chronic phosphorus loading. Manure pollution can also undo public and private financial investments in stream and lake improvements.

Some recent consequences of manure runoff

• In the first few months of 2006, nearly 70 wells in southern Brown County were contaminated with bacteria from manure.
• Between 2004 and 2005, approximately 34 rural wells became contaminated in northeastern Wisconsin from liquid or solid manure.
• Families whose wells have been contaminated had to pay for the cost of drilling a new, deeper well (as much as $10-15,000) with no guarantee that new well will not be contaminated by manure again.
• Between July of 2004 and June of 2005, 52 manure spills reached surface water and groundwater, and many more since then.
• In Manitowoc County, Lake Michigan beaches periodically close each summer due to unsafe fecal coliform and E. coli bacteria levels, linked to manure runoff.
• Manure spills have severely impacted lake and river habitat. After taxpayers spent over $1M in stream restoration work in the Upper Sugar River Watershed, the rejuvenated trout fishery was decimated by a manure spill.
• Many of the manure spills that caused fishkills or well-contaminations were allegedly from manure applications that appeared to comply with current standards.

Proposed changes to NR-243

The changes to NR 243 are triggered by recent changes in federal rules governing Wisconsin’s largest farms (Concentrated Animal Feedlot Operations), and recognition that a small number of these farms are significantly contributing to water quality problems.

Most of the largest farms already take many of the steps called for in the proposed revision. The changes would bring operations that lag behind in their practices up to the same standards to reduce the likelihood of manure incidents that can contaminate private wells, pollute streams and lakes and kill fish.

Public Comments needed

The Natural Resources Board will meet May 23 and 24 in Osthoff Resort in Elkhart Lake. Public comment on NR 243 will be taken on Wednesday, May 24. To sign up to speak before the board, people need to call the board’s executive staff assistant at (608) 267-7420, by 4 p.m. Friday, May 19.

Midwest Environmental Advocates has prepared fact sheets on CAFOs, the consequences poor manure management has on public health and taxpayers, and the proposed changes to NR 243.

Sawyer County Circuit court reached a decision in the Public Nuisance case filed by the Wisconsin Department of Justice against a cranberry grower accused of polluting a northern Wisconsin lake.

The court agreed with the state on the following points:

• There is satisfactory evidence that the cranberry operation is intentionally discharging phosphorus laden water directly into Musky Bay
• The additional phosphorus is causing the aquatic plants and algae in Musky Bay to increase in number and size
• The plants and algae interfere with the public’s ability to use Musky Bay at certain times and in certain locations
• The cranberry operator knew or should have known his phosphorus discharges would cause the plants and algae in the bay to grow at accelerated rates.

However, court held that nuisance conditions are developing, because the nuisance conditions are intermittent. Attorney General Peg Lautenschlager stated she believes that the evidence presented shows that nuisance conditions already exist.

The Wisconsin Association of Lakes is the only statewide organization working exclusively to protect and enhance the quality of Wisconsin’s 15,000 lakes.

We represent citizens like you who care about Wisconsin’s lakes as a natural resource, and who also recognize the value healthy lakes bring to property values, tourist economies, and overall quality of life.

• Learn about our statewide voice for strong lake policy
• Learn about our lake education events
• Learn about our lake publications, The Lake Connection and E-lake Letter
• J oin Us in working for clean, safe, healthy lakes for everyone.