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The
Wisconsin Department of Natural Resources (WDNR) is holding a series of
public hearings in the state in July and August to gather public input on
its proposed revisions to Chapter NR 115, or the Shoreland Management
Program.
The
WDNR's proposed update to the Shoreland Management Program is sorely
needed. The proposal goes a long way toward maintaining and restoring
natural areas adjacent to our waterways while at the same time providing
greater flexibility and certainty for property owners.
The
conservation community urges support for the proposal with some recommended
improvements (detailed below), including an important wetland protection
provision. Please attend a hearing near you, or submit written comments.
Hearing dates and locations, talking points, and contacts for more
information follow below.
We
anticipate well-organized and well-funded opposition to provisions that
strengthen standards for water quality and wetland protections, so please
make your voice heard!
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Recommendation: Require Counties to Adopt Wetland Buffer
Standards
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Under
current shoreland zoning rules, new construction must be set back 75'
from the ordinary high water mark (OHWM) with vegetated buffers required
on the 35' closest to the OHWM. Between 35'-75' (and beyond the 75'
line), landowners are allowed to remove trees and shrubs, mow, and even
replace wetland vegetation with grass. Furthermore, beyond the 75' line,
there are no restrictions on how close new construction can come to a
wetland or how trees, shrubs and grasses should be maintained.
Requiring
mandatory vegetated buffers around wetlands will decrease the likelihood
that the wetlands within and beyond the 75' protected area will be mowed
and will help protect wetlands beyond the 75' mark from encroachment.
Mowing wetlands can alter hydrology, destroy wildlife habitat, and reduce
biodiversity and scenic beauty.
For
these reasons, WWA recommends that counties be require to adopt wetland
buffer standards for all new development in the Shoreland Zone. Minimum
buffer widths should be consistent with the protective area standards
which already apply to construction sites greater than 1 acre (10-75
feet depending on wetland type: see NR 151.12(5)(d)
for details), and should be established prior to any land disturbance
activity. Because the regulatory and development communities are already
required to comply with these guidelines for larger construction sites,
implementation of this recommendation will minimize regulatory
confusion while protecting important wetland resources.
Click here to
go to the Wisconsin Administrative Code and click on the link to Chapter
NR 151
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Other Suggested Improvements to the Proposal
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The conservation community urges support for the
proposal, with the following additional recommended improvements:
· Increase the primary
shoreland buffer to 50 feet - most studies across the nation recommend 50
feet as the bare minimum to protect water quality and fish and wildlife
habitat.
· Set the minimum lot
size for all new lots at 20,000 square feet, with a minimum lot width of
150 feet - higher density means more cumulative impacts to waterways,
even with sewer service.
· Set the maximum
impervious surface limit per lot at 4000 square feet or 20% of the total
lot size, whichever is smaller - research indicates that in Wisconsin, when a
watershed exceeds 15% impervious surface, water quality is degraded and
fish communities are negatively affected.
The River of Alliance
of Wisconsin
is taking the lead on posting information and updates. Click on the link
below and be sure to check it again soon for fact sheets and other
documents to help you understand the proposed rule changes and
recommendations.
Click here to
visit the River Alliance of Wisconsin's water policy website, which soon
will have updated fact sheets and information on this issue
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How to Submit Written Comments
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Written
comments may be submitted to:
Toni
Herkert
Wisconsin DNR - WT/2
PO Box 7921
Madison, WI, 53707-7921
or e-mailed to
toni.herkert@dnr.state.wi.us.
Comments will be accepted until August 26, 2005.
Written comments may be submitted on the prepared Comment Form (link
below), but letters and other written comments will also be accepted.
Click here for
Comment Form (pdf document)
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NR 115 Background
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Wisconsin has thousands
of beautiful rivers and lakes, and one of their best features is that we all
own them. The health of each lake and river, not to mention the fish and
wildlife that rely on those waters, is inextricably tied to naturally
functioning shorelines. Natural areas and wetlands next to rivers and
lakes prevent flooding, filter out polluted stormwater runoff that causes
algae blooms and detracts from recreational uses, and serve as nurseries
for many fish and wildlife species.
Protecting our shorelines doesn't mean stopping all riverfront or
lakeshore development - it means doing it the right way to ensure fish
and wildlife can still live in and around the rivers and lakes.
The
Department of Natural Resources' proposed update to NR-115, Wisconsin's
Shoreland Management Program, is needed to reflect new science and to
respond to a rate of shoreline development never anticipated when the
rules were first approved in 1968, nearly 40 years ago. The current rules
are confusing, applied inconsistently throughout the state, and clearly
are not providing sufficient protection for water quality and wildlife
habitat.
The current proposal goes a long way toward maintaining and restoring
natural areas adjacent to our waterways to capture pollutants resulting
from development and to provide critical habitat for fish and wildlife,
while at the same time providing greater flexibility and certainty for
property owners. Further, the proposal was developed with broad public
participation and diverse representation, resulting in consensus on most
aspects.
One of
the most difficult issues addressed in the proposal is the future of
pre-1968 cabins and homes built close to the water -- so called
"nonconforming structures." The conservation community in Wisconsin supports
the proposal, which allows most of these structures to be improved and
expanded, because improvement and expansion carries with it the
responsibility to restore some of the natural shoreline vegetation. It is
crucial this increased flexibility for property owners remain coupled
with enhanced vegetation requirements.
The
proposal also recognizes the importance of preventing stormwater runoff
from roofs and driveways into waterways, and directs counties to develop
the most appropriate stormwater controls for their locale.
Click here to
the DNR's Shoreland Management NR 115 webpage
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Hearing
Dates & Locations
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All public hearings will begin at 4:30 pm
and open with a short presentation from department staff and provide an
opportunity for a question and answer session before formal public
testimony is taken. The public comment period will begin at 6:00 pm each
evening.
· July 12: Eau Claire - Chippewa
Valley Technical
College, 620 Clairemont Avenue,
(800) 547- 2882.
· July 13: Ashland - Wisconsin
Indianhead Technical College,
2100 Beaser Avenue,
(715) 682- 4591.
· July 14: Egg
Harbor - Landmark Resort, Egg Harbor Room, 7643 Hillside Road,
(920) 868-2569.
· July 19: LaCrosse - Western
Wisconsin Technical
College, 304 6th Street North,
(800) 322-9982.
· July 20: Hayward
- Grand Pines
Resort, Whispering Pines Room, 12355
W. Richardson Bay Road, (715) 462-3564.
· July 21: Stevens
Point -
Sentry World Theater, 1800
North Point Drive, (800) 3SENTRY.
· July 26: West Bend - UW Washington
County, 400 University Drive,
(262) 335-5200.
· July 27: Grand Chute - Town Hall, 1900 Grand Chute Boulevard, (920)
832-4773.
· July 28: Rhinelander - Holiday Inn
Express, Pelican/Shepard Rooms, 668
West Kemp Street, (715) 369-3600.
· August 2: Delevan - Lake
Lawn Resort, 2400 East Geneva Street,
(800) 338-5253.
· August 4: Fitchburg - Fitchburg
Community Center, Oak
Hall Room, 5520 Lacy Road, (608) 270- 4200.
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