Shoreland zoning rule (NR 115) revisions

Wisconsin’s shoreland zoning rule (NR 115) contains statewide minimum standards for shoreland development in unincorporated areas.

In the four decades since Wisconsin first established shoreland protection standards, we have learned many lessons, the most important of which is that we need to maintain some nature on the shores of our lakes and streams.

Retaining areas of native plants and capping the footprints of near shore buildings are essential to protecting lake water quality. But beyond water quality, leaving nature on the shore is critical to maintaining populations of familiar creatures—from herons to turtles—that share the waterfront. Maintaining habitat helps preserve the natural scenic beauty of public lakes to the benefit of shore owner, boaters, and the whole public.

Water quality, habitat, and natural scenic beauty protect the quality of the environment, the value of waterfront property, and support the water based recreation and tourism so critical to Wisconsin’s economy.

WAL has been closely involved with this evolving rule package since revisions were first proposed. The content of the shoreland rule (NR 115) has been markedly advanced by the Wisconsin Association of Lakes’ work over the last eight years.Since the winter of 2007, WAL has been in continuing meetings and negotiations with key stakeholders to resolve difference over the proposed drafts of the rule. There are many aspects of the proposed rule— for example, the standard for mitigation was markedly strengthened—that have been strengthened as a result of WAL's work. In June 2009, a revised proposal was advanced to the Natural Resources Board.

WAL’s position has always been to seek standards for local shoreland regulations that respect both the property rights of lakefront owners and the natural habitat, scenic beauty, and water quality that drew us to lakes in the first place.

Shoreland zoning rule (NR 115) public comments and press releases

Download WAL's 2007 comments to DNR
(PDF 51 KB)

Press release: Shoreland zoning rules: A good investment for property owners and the public

WAL's position on the 2006 draft version of proposed changes to shoreland zoning rules (PDF 72 KB)

WAL's 2005 public hearing comments on 2005 draft version of proposed changes to shoreland zoning rules (PDF 63 KB)

WAL's 2004 comments to shoreland zoning advisory committee on 2004 draft version of proposed changes to shoreland zoning rules
(PDF 43 KB)

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Slow no-wake legislation becomes law

In the 2009-2010 legislative session, the Wisconsin Association of Lakes successfully advocated for a bill (SB 12) that established a statewide slow no wake zone for motorboats within 100 feet of a lake’s shoreline.  This bill is a positive step forward to preserve water quality, prevent shoreline deterioration, and improve public safety for citizens who are fishing, swimming, and paddling on our shorelines.

The bill was signed into law July 10, 2009 (SB 12 became Wisconsin Act 31), and will take effect February 24, 2010 (the Act was published 7-24-2009, and the bill language specified it would take effect 7 months after publication).

Press release: Slow no wake bill awaits Governor's signature to become law

WAL's 2009 testimony before the Assembly committee (PDF 27 KB)

WAL's 2009 testimony before the Senate committee (PDF 24 KB)

Boating too close to shorelines can contribute to shoreline erosion problems, reduce water clarity by stirring up lake bed sediments, release phosphorus—the nutrient responsible for algae blooms—from lake bed sediments, and harm fish habitat when propellers uproot shore land plants.

A provision within the bill allows local boating ordinances to extend slow-no-wake zones farther away from the shore (for example, 200 feet as Dane County has done). Local boating ordinances may also specify slow-no-wake zones that are less than 100 feet from the shoreline. This provision recognizes that there are some locations where a more localized approach may be desirable to accommodate recreational use. An exemption is also included for water-skiers pick up and drop off zones.

In the 2007-2008 legislative session, WAL initiated and supported a bill to set a statewide 100 foot slow no wake zone (with a local opt out provision) to help protect sensitive lake shorelines. The State Senate passed the bill, but the bill died in the Assembly with the end of the 2008 session.

WAL's 2008 testimony on slow-no-wake bill
(PDF 29 KB)

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Shoreland restoration at the Executive Residence initiative

A group of citizen lake enthusiasts—graduates of the UW Extension Lake Leaders Institute—from across the state organized an initiative to encourage the Governor to restore the natural shoreline at the Executive Residence on Madison's Lake Mendota. WAL supports these local citizens' work with the Governor's office.

WAL's letter of support to the Governor (PDF 11 KB)

Shoreland restoration is a great way for individual lakefront property owners to help improve water quality, improve fish and wildlife habitat, even help prevent invasive shoreland plant species from becoming established.

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Pier rules and legislation

In 2003 Act 118 (the "Jobs Creation Bill”) the Legislature decided to reform pier law by defining piers (by length, width and boat mooring capacity) that may be placed without any state permit. Shortly after that law was enacted, DNR convened a committee of stakeholders (including WAL representatives) to develop administrative rules (NR 326) authorizing other piers under general permits and setting standards for piers.

Legislators and landowners reacted to DNR's proposed pier regulations, raising concern that owners of some existing piers would require individual permits to keep them. Proposed NR 326 was suspended by the Legislature.

In 2005, the Assembly then introduced its own pier bill, which proposed to expand the number of "grandfathered" piers, permit greater boat mooring density for multi-family piers and make some other changes in the state laws. After that bill passed the Assembly, WAL and a few other conservation and development groups were included in a legislative working group, which also contained  representatives of the DNR, Builders, Realtors, the Governor’s office, the Assembly, and the Senate, to develop a "consensus compromise pier regulation package,” which they did. 

WAL was able to negotiate significant changes within this work group, including:

• Limits on grandfathered piers with a limited window for registration,
• Limits on the boat slip density for multi-family and commercial property,
• Required permits for higher density piers on multi-family and commercial property,
• Maintaining local authority to establish stricter pier regulations.

Pier rule and legislation public comments and testimony

Press release: Pier bill would bypass public process for private agenda

Press release: "Illegal" pier concerns all wet: don't sink pier rules

WAL's December 2005 testimony to the Natural Resources Board on proposed pier rules NR 326
(PDF 14 KB)

WAL's September 2005 testimony to the Natural Resources Board on proposed pier rules NR 326
(PDF 18 KB)

WAL's 2005 position on proposed pier rules NR 326 (PDF 52 KB)

WAL's 2001 testimony on proposed pier legislation (bill not passed) (PDF 16 KB)

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Shoreland zoning annexed & incorporated areas legislation

In 2005, a bill (AB 299) would have immediately eliminated all shoreland zoning requirements for land that is annexed by a city or village. Its passage would have dramatically reduce water protections by eliminating protections for some areas on lakes, allowing development to be closer to the water and at greater densities.

WAL opposed the bill because we felt it would likely undermine property values and threaten the near shore environment. After hearing from WAL lake members, the Governor vetoed this bill.

The Governor's veto preserved the present law; county shoreland zoning ordinances have included minimum standards for lake shorelines in unincorporated areas. Thousands of lakefront property owners in unincorporated areas have invested millions of dollars in structures that meet the current statewide minimum standards for shoreland development.

Current law protects these property owners' investments by ensuring that unincorporated land that is being annexed by a city or village retains statewide minimum shoreland standards until the city or village enacts its own ordinance that meets statewide minimum standards or the county government amends its shoreland ordinance to reflect special circumstances.

WAL's 2005 testimony on AB 299 (PDF 42 KB)

Press release: "Up North" is for sale and its future is up to you

Press release: Proposed legislation threatens to weaken shoreland protections

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Ordinary High Water Mark legislation

Under a bill (AB-71) proposed in 2005, if a county disagreed with the DNR’s determination of the OHWM, the county's OHWM determination (not the state agency's)would stand. The state Assembly passed the bill; the bill died in the Senate with the end of the legislative session.

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. (More information on the OHWM, exits site).

WAL's 2005 testimony on AB-71 (PDF 19 KB)

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