Why is shoreland zoning important to lakes?
How we choose to manage our shorelines can have big impacts on the water quality and health of our lakes. Building too close to the water, removing shoreland plants, and covering too much of a lake shore lot with hard surfaces (such as roofs and driveways) can harm habitat and send more nutrient and sediment runoff into the lake.
Many of the values lake front property owners appreciate and enjoy about their properties—natural scenic beauty, tranquility, privacy, relaxation—are enhanced and preserved with good shoreland management. And healthy lakes with good water quality translate into healthy lake front property values.
The interests of thousands of lakefront property owners, anglers, boaters, tourists, and the businesses that depend on healthy lakes are served by good shoreland zoning rules that preserve the character of our lakes and quality of life.
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Shoreland zoning background
Shoreland development regulations are a major component of Wisconsin’s “protect, conserve and restore” lake management strategy.
Since its inception, Wisconsin's Shoreland Protection Program has been a partnership between state and local government. Local governments adopt zoning ordinances to guide development near navigable lakes and rivers, in compliance with statewide minimum development standards. These standards seek to create a balance between public and private rights. (To learn how zoning boards handle variances and the appeal process, click here.)
The goal of shoreland zoning is to protect water quality, fish and wildlife habitat, and natural beauty. To accomplish these goals, the statewide minimum standards for shoreland zoning ordinances primarily do 2 things:
1. control the intensity of development around water, and
2. create a buffer around water.
Wisconsin law enacted in 1966 requires counties to adopt zoning regulations to protect all shorelands in unincorporated areas that meet standards set by the DNR (s. 59.692, WI Stats.). According to state law, shoreland zoning regulations must:
- further the maintenance of safe and healthful conditions;
- prevent and control water pollution;
- protect spawning grounds, fish and aquatic life;
- control building sites, placement of structures and land uses; and
- reserve shore cover and natural beauty (s. 281.31, WI Stats.).
These 44 year old laws have not changed.
What has changed is WI Administrative Rule NR 115, Wisconsin’s Shoreland Protection Program (simply referred to as NR 115). The purpose of NR 115 is to detail how the overarching laws to protect our state’s waters will be implemented by establishing minimum shoreland zoning standards for ordinances that counties must adopt and enforce. After seven years of debate the rule was updated and now counties have until Feb. 2012 to update provisions in their ordinances to comply with the changes.
Revising statewide shoreland development standards was challenging. NR 115 must address a huge variety of water resources—ranging from our largest lake (Lake Superior) to the thousands of other lakes and streams that cover Wisconsin’s landscape. These waters range from highly developed lakes, to prime recreational destinations, to wild pristine gems deep in the Northwoods. How can one rule meet the needs of all?
Updates to NR 115 represent the compromise that various interest groups reached in setting statewide minimum standards for shoreland zoning. It simply sets minimum requirements that all counties must incorporate into their shoreland ordinances. In the end, it will be county boards that will decide how best to manage shorelands across Wisconsin.
NR 115 and other aspects of state law make it clear that counties have broad authority to enact more restrictive shoreland zoning ordinances to better protect our waters. Counties will want to take stronger steps locally to better address the diverse character of lakes and rivers within their jurisdictions.
Learn more about the statewide shoreland development rules (exit to the DNR web site): http://dnr.wi.gov/org/water/wm/dsfm/shore/
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What are the statewide minimum shoreland zoning requirements in NR 115?
Some standards remain the same:
- Structures still must be set back at least 75 feet from the water.
- Lots served by private septic systems still must be at least 20,000 square feet in area and at least 100 feet wide. Lots served by public sanitary sewers still must be at least 10,000 square feet in area and must be at least 65 feet wide.
Some standards changed:
- While the minimum shoreland buffer width is still 35 feet, there are now more explicit standards prohibiting removal of vegetation in the shoreland buffer area. Limited removal of trees and shrubs may be allowed for a viewing and access corridor to the water, not to exceed the lesser of 30% of the shoreline lot frontage or 200 feet.
Expansion of nonconforming structures is now limited by area and distance from the water rather than by spending limits. Limited vertical expansion of a nonconforming structure is now allowed, provided that it’s set back at least 35 feet from the water and mitigation practices are completed to offset the environmental impact of the expansion. Mitigation means balancing measures that are designed and implemented to restore natural shoreland functions and values that are otherwise lost through development activities.
Some standards are new:
- The new law limits the maximum vertical height of a shoreland structure within 75 feet of the water to 35 feet tall. Previously there was no maximum.
- The new law limits the total amount of impervious surfaces (such as buildings, driveways, and other hard surfaces that shed rather than absorb rainfall) allowed on shoreland lots. Up to 15% impervious surface area is allowed on the portion of a lot or parcel that is within 300 feet of the water. A maximum of 30% impervious surface may be allowed within 300 feet of the water in exchange for mitigation. This means that where the sum total of impervious surfaces is between 15% and 30% of the lot size, property owners would be required to mitigate, or offset, the environmental impact of their proposed project. Mitigation measures must be proportional to the amount and impacts of the impervious surface being permitted.
Learn more about the minimum statewide shoreland zoning standards (exit to DNR site): http://dnr.wi.gov/org/water/wm/dsfm/shore/news.htm
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What exactly do counties have to do?
All counties will need to review their shoreland zoning ordinances for consistency with the new rule. County governments have until February 1, 2012 to update their shoreland ordinances to be consistent with or exceed the new standards identified in NR 115.
In addition to the rule, the DNR has updated its model shoreland zoning ordinance that provides an example of the language counties can use to make sure their changes are consistent with the new rule.
However, counties should NOT simply repeal their current ordinance and adopt the new model. Since the DNR shared the original model ordinance with counties in the 1960’s, many counties have adopted more progressive ordinances to better reflect community values and local water resource characteristics. Furthermore, counties have broad authority to regulate land use and development, so most have integrated shoreland zoning regulations with other land use, subdivision, and building codes. In these cases, adoption of the model ordinance would be a step backward and inappropriate.
The model ordinance is a guide that counties should use in context with their current ordinances, land use plans, input from citizens, and characteristics of area lakes and waterways. Counties will want to keep elements of their shoreland ordinances that are more protective than the state minimums.
For an overview of local innovation in shoreland management and examples of impervious surface area standards and mitigation requirements from counties successfully using these provisions in shoreland zoning ordinances, see this .pdf (over 1 MB)
For more information on adopting and enforcing shoreland zoning ordinances, see (exits to DNR web site):
http://dnr.wi.gov/org/water/wm/dsfm/shore/local.htm
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State grants aid counties
Grants to help develop and support local regulations are available through the DNR Lake Protection and Classification Grants Program. Funding is also available through this program for county lake classification projects, shoreland restoration incentives and technical assistance, educational activities to augment local ordinance development, and other projects that will protect and improve lakes. Grant applications are due May 1 each year.
To help counties implement the required changes to their shoreland zoning ordinances, the DNR has dedicated a portion of its Lake Protection and Classification Grants for ordinance upgrades over the next two years. Each county that applies for grant funding will receive up to $5,000 for developing a compliant ordinance.
Larger awards are also available on a competitive basis for supporting activities and developing tools or regulations beyond basic adoption of the new standards in NR 115. Grants up to $50,000 are available for lake classification and ordinance development projects that exceed or augment NR 115 standards. Grants up to $100,000 are available for shoreland restoration incentives and technical assistance projects.
Forty-nine counties took advantage of the offer this summer, with most receiving the basic grants of up to $5,000. Grants will be available again next year with May 1 the deadline. In addition, counties that received a $5,000 grant this year can reapply for a competitive grant next year if they have additional project needs.
Learn more about these grants at (exits to the DNR website): http://dnr.wi.gov/org/caer/cfa/grants/Lakes/lakeprotection.html
See a table of counties receiving grants in 2010: http://www.wisconsinlakes.org/policy/pdf/GrantsTable.pdf
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Local Innovation in Shoreland Management
Over the years many counties have upgraded their shoreland zoning rules to be more protective than the statewide minimums required by NR 115. While recent changes to NR 115 increase some development standards (such as capping impervious surface areas on waterfront lots and requiring mitigation to offset negative effects of development very close to the water), there already is a rich set of experience among Wisconsin counties in implementing more progressive shoreland development rules.
Counties are successfully using many innovations in their shoreland zoning rules, such as: performance standards, impervious surface area caps, mitigation, setback reduction formulas for substandard lots, and area-based rather than valuation-based limits on expansion of nonconforming structures.
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County Lake Classification
Local innovation in shoreland zoning over the past ten years has been fostered by grant funding offered through the DNR Lake Protection and Classification Grants Program to help counties inventory surface waters and use this information to design and implement local land and water resource management programs.
To date most of the counties that have completed classification projects have chosen to address shoreland development concerns and adopted stronger local shoreland regulations. Some counties are using their classification projects to guide watershed and countywide lakes planning efforts as well.
Thirty-three counties, mostly in the lake-rich areas of Northern Wisconsin, have grouped their waters according to common characteristics and are using their classification systems to better manage those waters. Most counties have tailored shoreland development rules (such as lot sizes, structure setbacks, and buffer areas) to better protect the most pristine and sensitive waters, while leaving more basic standards on waters that are least sensitive and heavily developed already.
Seventeen counties have adopted classification systems of two to four groups, with different shoreland zoning rules for each water class— ranging from very protective to those similar to the statewide minimum rules. A few more counties are currently working on classification projects that may include significant shoreland zoning upgrades when completed, and a few others have adopted significant shoreland zoning upgrades without a classification system.
That translates to some 8,300 smaller, more pristine lakes plus thousands of miles of rivers and streams that are now permanently protected from over-development that could occur under state minimums. These waters will never see the density of development and the consequential impacts of shoreland development allowed on larger, somewhat more resilient waterways. The new NR 115 rules should not have any significant impact on the regulations in place for more protective classifications.
Learn more about lake classification projects in Wisconsin Counties: http://www.wisconsinlakes.org/lakeclassification.html
Learn more about the DNR Lake Protection and Classification Grants Program (exits site): http://dnr.wi.gov/org/caer/cfa/grants/Lakes/lakeprotection.html
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Lake advocates get involved
The lakes need advocates once again. Your ideas and perspectives were crucial over the past years to fashion and revise the state standards. Now your time, talents, and thoughts are needed to shape how this revised law will be implemented in your county and at your local lake level.
This is also an excellent opportunity to include more protective shoreland development provisions in your county’s shoreland ordinance while it is being reviewed for consistency with NR 115.
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How can you help?
Talk to your county board officials and zoning department staff to ensure that everything is being done to not only meet the new standards of NR 115, but to also consider this as an opportunity to improve local regulations. Consider ways that you and your organization can help with the process to update your county’s shoreland zoning rules. Make sure that your county will not weaken existing standards or repeal lake classifications. Encourage others in your networks to also speak up for lakes when talking with elected officials and county personnel.
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Ideas to get started:
- Talk with your county zoning administrator and county zoning committee members. Find out what their plan and timeline is for updating your county shoreland ordinance to meet the new state standards. When will public hearings and other opportunities for citizens’ input be offered?
- Share information about the ordinance amendment process and opportunities for public input with others in your community and encourage them to join you in speaking up for lake protection.
- Offer to serve on a citizens advisory committee if your county is convening such a group to assist with a county lake classification project, shoreland ordinance amendments, or other lake-related study committees.
- Testify at public hearings where shoreland ordinance or other policy changes are proposed for citizens’ input.
- Develop a good working relationship with your county board members. Get to know those who serve on the zoning, land conservation, and other key committees. Let them know that lake protection is important to you by writing, calling, or meeting with them. Invite county board members to your lake organization’s meetings and events, include them in your newsletter mailings, and keep them up to date on your group’s lake projects.
- Attend county government meetings where shoreland ordinance revisions or other lake-related policy matters are discussed, such as meetings of: citizens advisory\study committees, county board of supervisors, zoning committee, land conservation committee, and board of adjustment. A good way to keep tabs on meetings of interest is to regularly review your county’s website. Most counties’ departments, as well as the board of supervisors and their committees, will post their meeting agendas and minutes on the web. To keep the task manageable, consider rotating review of county government proceedings among people in your lake group.
- Offer solutions to help your county staff and supervisors meet the challenges of updating the shoreland ordinance, such as: distributing educational materials, writing letters of support, providing feedback on draft ordinance language, or suggesting specific ordinance provisions you think will work well.
- Talk with others in your community about the benefits of lake-friendly development methods. See lake stewardship activities and ideas: http://www.wisconsinlakes.org/lake_stewardship_activities.html
Learn about communication tips and telling your lake's story: http://www.wisconsinlakes.org/lake_story.htm
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More information and related links
Role of local government:
http://www.wisconsinlakes.org/role_localgovernment.html
Working with local governments:
http://www.wisconsinlakes.org/local_governments.html
Influencing lake policy:
http://www.wisconsinlakes.org/influence_policy.htm
UW-Extension Lakes Program Shorelands and Shallows Resources Clearinghouse:
http://www.uwsp.edu/cnr/uwexlakes/ecology/shorelands/default.asp
UW-Extension Lakes Program lake classification fact sheet series:
http://www.uwsp.edu/cnr/uwexlakes/factsheets/default.asp
UW-Extension Center for Land Use Education zoning board handbook and other publications for planning and zoning:
http://www.uwsp.edu/CNR/landcenter/pubs-handbooks.html
Creating an Effective Shoreland Zoning Ordinance: a Summary of Wisconsin’s Shoreland Zoning Ordinances:
http://dnr.wi.gov/org/water/wm/dsfm/shore/creating.htm
County shoreland zoning department contacts:
http://dnr.wi.gov/org/water/wm/dsfm/shore/county.htm
Table of counties receiving grants in 2010 for shoreland zoning ordinance revisions
http://www.wisconsinlakes.org/policy/pdf/GrantsTable.pdf
