The New Shoreland Zoning Rule (NR 115): What Does It Mean For Your County?

1. The New Shoreland Zoning Rule (NR 115): What Does It Mean For Your County? Wisconsin Land and Water Conservation Board Forum April 4, 2011 Lynn Markham Center for Land Use Education, UW-Stevens Point

2. Outline for this session • Why care about shoreland zoning? • Economics of water lake and river protection • Fishing, swimming, etc. • What standards have changed and when do counties need to implement them

3. Lake quality & economics: Is there a connection? “More polluted lakes have less valuable property than do cleaner lakes.” E.L. David, Water Resources Research, 1968

4. 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.

5. Enjoying healthy lakes & rivers: Part of who we are in WI

6. Healthy shorelands make healthy lakes and higher property values

7. 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).

8. 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!

9. 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

10. Counties going beyond 1968 law • Counties recognized inadequacies • Adopted higher standards • “New” ideas • 16 counties have impervious surface stds • 27 counties have shoreland mitigation Map by Wisconsin Lakes

11. What standards have stayed the same? • Lot sizes • Shoreland setbacks • Shoreland buffer sizes

12. What standards have changed & why? • Shoreline buffers • Impervious surface limits • More flexibility for nonconforming principal structures • Mitigation requirements

13. 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”

14. Stronger buffer language because • Greater understanding of buffers/native plants and what they do…compared to lawns. Bluegrass circled.

15. Minimum buffer size stayed at 35 feet

16. Runoff Volume Phosphorus Inputs Sediment Inputs 6x 5x 4x 18x Adapted From: Wisconsin DNR

17. Effects of impervious surfaces • Erosion • More pollutants entering water • Increased algae growth • Fewer fish & insect species

18. Increasing impervious surface in the watershed Decreasing number of fish & fish species 8-12% Greater than 12% Less than 8% Fish found in streams when impervious surface in the watershed was: Less than 8% 8 - 12% Greater than 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 Creek chub Fathead minnow Green sunfish White sucker Brook stickleback 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 2008 study of 164 WI lakes found the same trend Wang et al. 2000

19. 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

20. Impervious Surface Example • 15% of 20,000 sq. ft. lot • 1500 sq. ft. house footprint • 740 sq. ft. garage • 660 sq. ft. driveway • 100 sq. ft. sidewalk • 3000 sq. ft. total

21. NonconformingPrincipal 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

26. 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

27. Shoreland mitigation • A menu approach is common in 21 counties with mitigation • Example

28. 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

29. Resources to help with shoreland ordinance revisions • Compilation of counties’ ordinance language for mitigation and impervious surface www.wisconsinlakes.org/policy/pdf/CountyImpvSurfaceMitigationOrdinanceExamples.pdf • UW-Extension educational assistance: written materials, posters, presentations • $5K grants from DNR for ordinance revisions

30. 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 zoning staff, WI County Code Administrators, UW-Extension and DNR grants

31. Comments, questions?? Lynn Markham Land Use Specialist lmarkham@uwsp.edu 715.346.3879 NR 115 administrative rule http://legis.wisconsin.gov /rsb/code/nr/nr115.pdf