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 MarkhamCenter for Land Use Education, UW-Stevens

Point

Outline for this session1) Why care about shoreland zoning?

Economics of water lake and river protection Fishing, swimming, etc.

2) What standards have changed and when do counties need to implement them

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

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.

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

Healthy shorelands make healthy lakes and higher

property values

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).

NR 115 Revision Efforts2002: 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!

NR 115 Revision EffortsFall 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

Counties going beyond 1968 lawCounties recognized

inadequaciesAdopted higher

standards

“New” ideas16 counties have

impervious surface stds

27 counties have shoreland mitigationMap by Wisconsin Lakes

What standards have stayed the same?Lot sizes

Shoreland setbacks

Shoreland buffer sizes

What standards have changed & why?Shoreline buffersImpervious surface limitsMore flexibility for nonconforming principal

structuresMitigation requirements

Shoreline buffers1968 law

First 35 foot no clear-cut zoneNo definition for

clear-cut

New NR 115First 35 feet, no

vegetation removal exceptAccess and viewing corridorsShoreline 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”

Stronger buffer language becauseGreater understanding

of buffers/native plants and what they do…compared to lawns. Bluegrass circled.

Recommended Shoreline Buffer WidthsA Research Summary

0 100 200 300 400 500 600 700

Wildlife habitat

Sediment control

Fecal bacteria

Stormw ater runoff control

Nutrient control

Range of recommended buffer w idths in feet based on (x) studies

Review of 52 U.S. studies by Aquatic Resource Consultants, Seattle WA

35 ft.NR115buffer

13-141

49-148

76-302

10-401

33-657

Minimum buffer size stayed at 35 feet

Adapted From: Wisconsin DNR

4x

18x

5x6x

Phosphorus InputsPhosphorus InputsRunoff VolumeRunoff Volume

Sediment InputsSediment Inputs

Effects of impervious surfacesErosionMore pollutants entering waterIncreased algae growthFewer fish & insect species

Less than 8% 8-12% Greater than 12%Increasing impervious surface in the watershedDecreasing number of fish & fish species

Less than 8% 8 - 12% Greater than 12%Iowa darter

Black crappieChannel catfish

Yellow perchRock bass

Hornyhead chubSand shiner

Southern redbelly dace

Golden shinerNorthern pike

Largemouth bassBluntnose minnow

Johnny darterCommon shiner

Creek chubFathead minnow

Green sunfishWhite sucker

Brook stickleback

Creek chubFathead minnow

Green sunfishWhite sucker

Brook stickleback

Golden shinerNorthern pike

Largemouth bassBluntnose minnow

Johnny darterCommon shiner

Creek chubFathead minnow

Green sunfishWhite sucker

Brook stickleback

Fish found in streams when impervious surface in the watershed was:

Wang et al. 2000

2008 study of 164 WI lakes found the same trend

Impervious surface standardsWhat 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 haveUp to 15% impervious no permit is neededBetween 15% - 30% ok with a permit and

mitigation

Impervious Surface Example

15% of 20,000 sq. ft. lot

1500 sq. ft. house footprint740 sq. ft. garage

660 sq. ft. driveway100 sq. ft. sidewalk

3000 sq. ft. total

Nonconforming Principal StructuresNonconforming 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 expansionHorizontal and/or vertical expansion beyond the

shoreline setbackReplacement or relocation

Shoreland mitigationDefinition

“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

Shoreland mitigationA menu approach is common in 21 counties with

mitigationExample

Mitigation practice Points

Buffer restoration 35 feet from OHWM 3 points

Buffer restoration 10 feet from OHWM 1 point

Rain garden to capture runoff 1 point

Removing accessory structures less than 75’ from OHWM

1-3 points

Narrowing viewing corridor 1 point

Reducing shoreland lighting 1 point

Removing shoreline structures such as firepits, beaches

1 point

Other practices agreed to by zoning administrator

Up to 2 points

Resources to help with shoreland ordinance revisionsCounty zoning staff with 5-15 years of

experience with impervious surface standards & mitigation

WI County Code Administrators NR 115 revisions guidebookDraft on-line & presented at WCCA conference

last weekFinal version within 2 weeks

Resources to help with shoreland ordinance revisionsCompilation 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

SummaryHealthy, 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

Comments, questions??

Lynn MarkhamLand Use Specialistlmarkham@uwsp.ed

u715.346.3879

NR 115 administrative rule

http://legis.wisconsin.gov /rsb/code/nr/nr115.pdf