Can my Town Board authorize construction in a wetland?
Through the zoning approval process, local governments often consider and approve development projects that include proposals to fill wetlands; however, they have no authority to authorize the wetland fill itself. Anyone proposing to fill wetlands must apply to the Wisconsin Department of Natural Resources, sometimes the U.S. Army Corps of Engineers, and often the County zoning office for authorization (i.e., permits) to fill wetlands. Approvals must be granted by all regulatory agencies or the project cannot proceed.
More info on local governments and zoning can be found here.
More info on state and federal wetland permit requirements can be found here.
A developer has proposed building new homes along the shore of my lake. He says there are no wetlands on the property, but I think there are. How can I prove it?
Tips for identifying wetlands on a property can be found on the Wisconsin Department of Natural Resources’ (WDNR) Locating Wetlands web-site. Ultimately, it is the developer’s responsibility to secure permits for construction in wetlands. Failure to do so can lead to enforcement actions including: fines, orders to remove buildings, and requirements to restore the wetland.
If you believe unauthorized construction in a wetland is imminent, contact your local WDNR Water Management Specialist to call the project to his/her attention.
The WMS can help verify the likelihood that there are wetlands on the property and may intervene to call the permitting requirements to the landowner’s attention. If construction is underway, WDNR may also send a Conservation Warden to investigate. Providing photographs and detailed parcel information (e.g., township, section & range) will help them with the inquiry, but please take care not to trespass.
In unincorporated areas, county shoreland permits are needed for most construction near the shoreline. The local county zoning staff may also have information on potential wetlands at the site.
My neighbor cleared trees and poured a foundation in a wetland. Can he do that? While it is not illegal to clear trees from a wooded wetland, the grading (e.g., earth moving) and construction activities must be authorized by a permit from the Wisconsin Department of Natural Resources (WDNR), and sometimes the U.S. Army Corps of Engineers. To find out if your neighbor’s activities are authorized by state and federal permits, contact your local WDNR Water Management Specialist .
Click here for more information on state and federal wetland permit requirements.
My town is holding a hearing about a subdivision proposal that includes filling some wetlands. Can someone from the Wisconsin Wetlands Association come testify or send a letter in opposition to the project? Typically no.* Wisconsin Wetlands Association receives requests for wetland protection support from many communities each year. To maximize the benefits of the assistance we provide, we concentrate our efforts on developing tools and services we can make available to every community who needs our support. Though we can’t attend your planning meetings or hearings, we are always available to consult with you by phone or e-mail on effective wetland protection strategies.
To help us help you, we encourage you to peruse these Protecting Wetlands web-pages for insights and ideas on how to respond to wetland development proposals, and then to send project information and questions through our Wetland Advocacy Support Request Form.
*WWA takes a formal position on a limited number of local wetland development projects a year; however, this involvement is limited to cases that meet specific strategic criteria (e.g., statewide impact, precedent setting losses or multiple wetland areas). Direct action such as providing testimony, submitting comment letters or collaborating with state and local partners in opposition to a project requires Board approval.
The Department of Natural Resources says I can’t build a road on my property because of the wetlands, but the land in question is only wet for a few weeks of the year. How can they call that a wetland?
Many of Wisconsin’s wetlands are ephemeral wetlands. These wetlands may hold water for a few weeks in the spring and summer, or following heavy rains, but can be completely dry the rest of the year. Despite their temporal nature, these wetlands are extremely productive and provide important sources of food and breeding habitat for many amphibians, reptiles and migratory birds (especially waterfowl). Wisconsin law regulates construction activities in all wetlands, including ephemeral wetlands.
For more information on characteristics and ecological values of Midwestern ephemeral wetlands, visit the Environmental Protection Agency’s ephemeral wetlands web-site.
