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Introduction || Basic Principles || Key Players || Federal Regulations || WI Regulations || Wetland Mitigation
The Wetland Regulatory Players
Have you ever called a government office with a question or concern and found yourself put on hold, transferred between offices, and eventually dumped into the voice mailbox of a person that may or may not have been the person who can actually help you? You can save yourself time and headaches by knowing in advance who to call for what wetland issues.
The next few paragraphs explain which federal, state, and local agencies, and who within those agencies, you should contact to gather information and submit comments in response to a proposed wetland development project.
Federal:
The federal Clean Water Act (CWA) regulates the discharge of dredge and fill material into "waters of the United States," including wetlands adjacent to, or with a hydrologic connection, to "navigable waters." The interpretation of these terms, and thus the extent of federal jurisdiction over wetlands, continues to evolve in the courts. In the most general of terms, however, federal law requires permits for construction activities in wetlands associated with lakes, rivers and streams that have enough flowing water to float a canoe.*
The St. Paul District of the U.S. Army Corps of Engineers (COE) administers the federal wetland regulatory permit program in Wisconsin, with oversight by the Region 5 of the U.S. Environmental Protection Agency.
COE District Engineers handle the review and approval of wetland development proposals in federally regulated wetlands. Comments and questions on permit reviews for federally regulated wetlands should be directed to your local COE District Engineer. Click here for contact information for the District Engineer in your county.
* In-depth information on federal permit review requirements and relevant federal statutes and guidelines can be found by clicking "Federal Regulations" on the submenu above.
State of Wisconsin:
The state of Wisconsin regulates construction activities in ALL wetlands, regardless of wetland type, size or location. State law requires the review of all wetland development proposals to ensure the proposed activity complies with state water quality standards for wetlands. Wetland development activities authorized by federal permits must also acquire state approval.*
Regional Water Management Specialists (WMS) at the Wisconsin Department of Natural Resources (WDNR) review permit applications on behalf of the state. WMS staff also monitor approved projects for compliance with permit conditions and assist with investigations and enforcement proceedings for unauthorized wetland fill.
Comments and questions on wetland permit reviews should be directed to your local WMS. Click here for contact information for the WMS in your county.
* In-depth information on permit review requirements and relevant Wisconsin statutes and guidelines can be found by clicking "Wisconsin Regulations" on the submenu above.
Wisconsin Local Governments - Shoreland Zoning & Shoreland Wetlands:
| Wisconsin law requires counties, cities and villages to regulate construction activities within the designated "shoreland zone." The shoreland zone includes the area 1,000’ from a lake-edge and the greater of 300’ from a river-edge or to the landward side of the floodplain (see diagram). Local governments must adopt and administer shoreland zoning ordinances that meet or exceed minimum state standards, which include prescriptions for permitted, prohibited, and conditional (i.e., needs a special permit) uses for designated wetlands within the shoreland zone.*
The administration of local zoning laws, including shoreland zoning ordinances, often involves a combination of staff, appointed committee volunteers, and elected officials. Though the titles and decision-making structures vary between counties, cities, towns and villages, Key Players typically include some or all of the following:
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Shoreland zone as defined by minimum state standards.
Counties and towns may adopt more stringent standards than these minimum requirements.
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- Zoning Administrator/Planning Director: A staffed position responsible for reviewing applications for consistency with local ordinances and a) issuing permits for uses allowed under existing local ordinances, b) making recommendations for approval or denial of conditional use or other zoning variance requests to the Zoning Committee or Board.
- Zoning Committee/Planning Committee: A sub-committee of a Zoning Board or local Governing Body that reviews zoning applications and makes recommendations on the approval or denial of permits authorizing the activity.
- Zoning Board: A quasi-judicial body that exists to hear and decide administrative appeals and variances related to zoning. Pseudonyms for Zoning Boards include boards of adjustments (counties) and boards of appeals (cities, villages & towns).
- Governing Body: Final authority over many local land-use decisions rests with the elected body for the municipality (e.g., Town or County Board, City Council, etc.). In some cases zoning decisions made by Town Boards are subject to County approval. The state of Wisconsin (i.e., WDNR) also retains some oversight authority over decisions affecting wetlands in the shoreland zone.*
Click here for contact information for your county’s zoning office and the WDNR Shoreland Zoning contact in your area.
Links to websites offered by Wisconsin Cities, Villages and Towns can be found through the following sites:
Cities, Villages & Towns
Towns only
Cities & Villages only
*In-depth information on local government decisions and wetlands, including detailed information on shoreland zoning requirements and minimum state standards for development activities in designated shoreland wetlands, can be found by clicking on the "Local Government Decisions and Wetlands" section of the Protecting Wetlands menu above.
> Click here to continue to the discussion of Federal Wetland Regulations.
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If you find these pages useful and would like to help expand Wisconsin Wetlands Association’s
efforts to provide community-based wetland protection assistance, please click here. |
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