Outline for this session 1) Why care about shoreland zoning? Economics of water lake and river protection Fishing, swimming, etc. 2) What standards have changed and when do counties need to implement them
Water quality & economics A study of over 1200 waterfront properties in Minnesota found when water clarity changed by 3 feet changes in property prices for these lakes are in the magnitude of tens of thousands to millions of dollars. Krysel et al, 2003.
Shoreland zoning history June 1966, Water Resources Act passed Legislature gave DNR general supervision over WI waters including a statewide shoreland zoning program for all unincorporated areas. Deadline for county adoption of an ordinance was January 1, 1968. By 1971, all counties had adopted and were administering a shoreland ordinance. 1980: NR115 amended to create minimum shoreland-wetland standards Applied to cities and villages in 1981 through legislative directive (NR117).
NR 115 Revision Efforts 2002: 28-member Advisory Committee formed to identify and discuss resource specific issues. Included county reps and reps from public and private sector. 2003: 8 Public listening sessions on initial concepts 2005: First proposal taken to 11 public hearings and public comment period 1,200 comments during the public hearings & over 11,000 comments during the public comment period. 2007: 8 public hearings and public comment period 727 comments during public hearings & 1,654 additional comments during the public comment period. Over 14,000 comments!
NR 115 Revision Efforts Fall 2009 – Consensus on proposed rule by Realtors Assn, Builders Assn, WI Lakes and River Alliance. Legislative hearings. Approved by the WI Natural Resources Board. Feb. 1, 2010- Final rule went into effect setting minimum standards. Counties may adopt more protective standards. Feb. 1, 2012 – Counties need revised shoreland ordinances to meet new rule. 40counties have started revising their shoreland ordinances: zoning committee discussions to revise ordinances, open houses & public presentations Buffalo County Board passed their revised shoreland ordinance on March 1, 2011 Other counties have submitted their draft ordinances to the DNR for review
Shoreline buffers 1968 law First 35 foot no clear-cut zone No definition for clear-cut New NR 115 First 35 feet, no vegetation removal except Access and viewing corridors Shoreline restoration activities & invasive species control Dead, dying or diseased when replaced with native vegetation Sound forestry practices on larger tracts of land Where mowing currently occurs counties may allow “keep what you have”
Minimum buffer size stayed at 35 feet Recommended Shoreline Buffer Widths A Research Summary Nutrient control 13-141 Stormw ater runoff control 49-148 Fecal bacteria 76-302 Sediment control 10-401 Wildlif e habitat 33-657 0 200 300 400 500 35 ft. 100 NR115 Range of recommended buffer w idths in f eet based on (x) studies buffer Review of 52 U.S. studies by Aquatic Resource Consultants, Seattle WA 600 700
8-12% Greater than 12% Less than 8% Increasing impervious surface in the watershed Decreasing number of fish & fish species Fish found in streams when impervious surface in the watershed was: Less than 8% 8 - 12% Iowa darter Black crappie Channel catfish Yellow perch Rock bass Hornyhead chub Sand shiner Southern redbelly dace Golden shiner Northern pike Largemouth bass Bluntnose minnow Johnny darter Common shiner Golden shiner Northern pike Largemouth bass Bluntnose minnow Johnny darter Common shiner Creek chub Fathead minnow Green sunfish White sucker Brook stickleback Creek chub Fathead minnow Green sunfish White sucker Brook stickleback Greater than 12% 2008 study of 164 WI lakes found the same trend Creek chub Fathead minnow Green sunfish White sucker Brook stickleback Wang et al. 2000
Impervious surface standards What is an impervious surface? An area that releases all or a majority of the precipitation that falls on it. Includes rooftops, sidewalks, driveways, parking lots, etc. What are the geographical boundaries of this standard? Applies to property within 300-feet of any waterway What is the standard? Keep what you have Up to 15% impervious no permit is needed Between 15% - 30% ok with a permit and mitigation
Nonconforming Principal Structures Nonconforming structure is An existing structure that was lawfully placed when constructed but that does not comply with the required water setback Known in some counties as “legal, pre-existing structures” NR 115 provides increased flexibility for nonconforming structures in exchange for mitigation: Vertical expansion Horizontal and/or vertical expansion beyond the shoreline setback Replacement or relocation
Shoreland mitigation Definition “balancing measures that are designed, implemented and function to restore natural functions and values that are otherwise lost through development and human activities What natural functions? Water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty Mitigation is triggered by Increasing impervious surfaces over 15% Expanding nonconforming structures
Shoreland mitigation A menu approach is common in 21 counties with mitigation Example Mitigation practice Points Buffer restoration 35 feet from OHWM 3 points Buffer restoration 10 feet from OHWM 1 point Rain garden to capture runoff 1 point Removing accessory structures less than 75’ from OHWM 1-3 points Narrowing viewing corridor 1 point Reducing shoreland lighting 1 point Removing shoreline structures such as firepits, beaches 1 point Other practices agreed to by zoning administrator Up to 2 points
Resources to help with shoreland ordinance revisions County zoning staff with 5-15 years of experience with impervious surface standards & mitigation WI County Code Administrators NR 115 revisions guidebook Draft on-line & presented at WCCA conference last week Final version within 2 weeks
Resources to help with shoreland ordinance revisions Compilation of counties’ ordinance language for mitigation and impervious surface www.wisconsinlakes.org/policy/pdf/CountyImp vSurfaceMitigationOrdinanceExamples.pdf UW-Extension educational assistance: written materials, posters, presentations $5K grants from DNR for ordinance revisions
Summary Healthy, natural shorelands provide healthy lakes with good fishing and higher property values 30 counties revised their shoreland ordinances to more effectively protect lakes and rivers from 1995-2005 Counties need to revise their shoreland ordinances to comply with NR 115 by February 1, 2012 40 counties have started revising their shoreland ordinances to comply with NR 115 Assistance is available through experienced