Shoreland Zoning

gbh-edit1Recently Shirley and I received a letter from the WISCONSIN ASSOCIATION of LAKES requesting our continuing support and financial contributions. I would like those of you with similar interest to peruse the following information from WAL and share your thoughts. Here was my concern about zoning that wasn’t sufficiently addressed–in my view–in WAL’s letter:

Greetings:

Before my wife, Shirley, and I commit to continue supporting WAL,
could you elaborate and expound on what was collaborated among the
“decision-makers” in your letter? I was part of a small group (initiated by Gary Clevers,
working with Assemblyman, John Gard) that questioned the then proposed
zoning and setbacks for those of us living on Kelly Lake. We were able to
have the bill tabled at that time; several years ago. We supported/promoted
“Collaboration” in an effort to satisfy all concerned.

I think zoning was and is of great concern to the property owners
here; it was briefly addressed in your letter. We would appreciate your
time and effort to update us, in layman’s terms(!), what collaboration was
agreed on. We operate the Kelly Lake Community Web Site,
http://www.kellylake.net , and have kept our viewers informed in the past.

Thank you for your time and effort. It would save me a great deal of
research, as our committee is basically in the dormant mode.

Regards…
Roger Birr

WAL’s reply:

“Hello Roger,

Thanks for sharing the Kelly Lake Community web site, and for your interest in Wisconsin’s shoreland zoning policy changes.

Proposed changes to Wisconsin’s statewide minimum shoreland zoning standards (NR 115) recently passed the Legislature and is now waiting publication by the Legislative Reference Bureau, its final step before becoming official. The official rule is expected to be published in the early part of 2010. Upon publication, counties will have 2 years to update their shoreland zoning ordinances to be consistent with the new statewide minimums.

Details about the new rules are at this page of the DNR web site: http://www.dnr.state.wi.us/org/water/wm/dsfm/shore/news.htm

WI Association of Lakes’ 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. The interests of thousands of waterfront 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.

Learn more about WAL’s policy work on shorelands at: http://www.wisconsinlakes.org/policy_shorelands.htm

NR 115 sets a baseline of minimum standards for shoreland development in unincorporated areas. However, a one-size-fits all approach cannot possibly do justice to the diverse characteristics of Wisconsin’s 15,000+ lakes. WAL’s position is that local flexibility has been and must continue to be an important aspect of NR 115. Nothing in the new rule changes the core authority of counties and other local governments to establish more protective shoreland regulations for the lakes and streams within their boundaries. Many counties have already developed innovative approaches to manage unique local resources within their shoreland ordinances in the past 40 years, and they can continue to do so in future.

A quick summary of the key provisions in the new NR 115 rules:
Shoreland lot sizes remain the same as they are in the current rules
Shoreland building setbacks remain the same as they are in the current rules
New rules offer more flexible options to expand legal non-conforming structures in exchange for mitigation (measures to offset negative effects of building very close to the water)
New rules include impervious surface area limits within 300 ft. of the Ordinary High Water Mark: 15% without mitigation, 30% with mitigation.

Thanks for contacting us with your question.

Happy New Year,

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