Clean Wisconsin Supports the Proposed New Shoreland Management Program

Wisconsin has thousands of beautiful rivers and lakes, and one of their best features is that we all own them. The health and beauty of each lake and river and the abundance of fish and wildlife that rely on those waters are 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 sorely 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 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.

The conservation community urges support for the proposal, with the following 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.

• Require counties to adopt wetland buffer standards for all new development in the Shoreland Zone. Buffer widths should be 10-75 feet, consistent with NR 151.12(d), and should be established prior to any land disturbance activity – wetlands are the nurseries for fish, home to amphibians and many other plant and animal species, and need to be protected from erosion, fluctuations in water levels and pollutants too.

• 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 severely impacted.

Ten public hearings will be held across the state during July and August. These are your opportunities to express your support for the updated Shoreland Management rules that will help protect Wisconsin’s lakes and rivers. The schedule is as follows:

NR 115 Public Hearing Schedule
July and August 2005

All public hearings will begin at 4:30 with a brief presentation and question and answer session followed by a 6:00 public hearing where testimony will be taken for public comments.

For more information:
Wisconsin DNR Shoreland Management webpage - http://www.dnr.state.wi.us/org/water/wm/dsfm/shore/news.htm

Or contact Will Hoyer, Clean Wisconsin Program Assistant, at (608)-251-7020 or whoyer@cleanwisconsin.org