Why is shoreland zoning important to lakes?

How we choose to manage our shorelines can have big impacts on the water quality and health of our lakes. Building too close to the water, removing shoreland plants, and covering too much of a lake shore lot with hard surfaces (such as roofs and driveways) can harm habitat and send more nutrient and sediment runoff into the lake.

Many of the values lake front property owners appreciate and enjoy about their properties—natural scenic beauty, tranquility, privacy, relaxation—are enhanced and preserved with good shoreland management. And healthy lakes with good water quality translate into healthy lake front property values.

The interests of thousands of lakefront property owners, anglers, boaters, tourists, and the businesses that depend on healthy lakes are served by good shoreland zoning rules that preserve the character of our lakes and quality of life.

 

 

Top

What are the statewide minimum shoreland zoning requirements?

Key provisions of the current NR 115 (which implements the 1968 statute) include:

Minimum lot size and width requirements

Lots served by private septic systems must be at least 20,000 square feet in area and at least 100 feet wide; lots served by public sanitary sewer must be at least 10,000 square feet in area and must be at least 65 feet wide. Structures should be set back 75 feet from the water.

Shoreland vegetation clearing limitations

No more than 30 feet in any 100 feet of  shoreland vegetation between the water’s edge and 35 feet back from the water’s edge can be cleared, and any cutting of vegetation within the shoreland area must consider impacts on water quality, soil conservation, and natural scenic beauty

Non-conforming structures

Counties may limit work to repair, alter, or expand structures that were in existence prior to the passage of the 1968 statute and do not conform to the setback and lot width standards

Learn more about minimum statewide shoreland zoning standards (exits site).

Top

What approaches have counties used to strengthen shoreland zoning within their counties?

While all counties are required to adopt the statewide minimum standards, many counties have found innovative ways to tailor their shoreland zoning ordinances to the needs of county water resources.

More than 20 counties have used lake classification to tailor shoreland development standards for different classes of lakes. Some counties have chosen to adopt standards limiting the amount of hard (impervious) surfaces (roads, roofs, etc) in shoreland areas. Others have created mitigation requirements for property owners (for example restoring a shoreland buffer with native vegetation) to offset the potential impacts of a shoreland project.

A Summary of Wisconsin´s Shoreland Zoning Ordinances (exits site)

Waterfront permit contacts (includes county and state staff contact information) (exits site)

Top

How does the zoning board make decisions on variances and what is the appeal process?

County zoning ordinances specify what property owners can do, cannot do, and what they may do pending and additional layer of scrutiny and approval.

Permitted uses are allowed as a matter of right in all locations in a zoning district and may be authorized by the zoning administrator or building inspector with a simple permit. Authorization is non discretionary provided the project complies with general standards for the zoning district, any overlay district or design standards, and related building or construction codes. To use shoreland zoning as an example, there are minimum lot size and width and setback requirements within the county ordinance. Provided a shoreland lot meets these minimum requirements, other activities (like building a house) are allowable as long as any other necessary permits (like a building permit) have been approved.

Conditional uses are listed in the zoning ordinance but are subject to an additional layer of scrutiny. Conditional uses are authorized on a discretionary basis, meaning they are only authorized if found to be compatible with neighboring land uses, if they can be tailored to meet the limitations of the site, and if they do not violate the objectives of the zoning ordinance. Conditions may be attached to the approval of a conditional use permit.

Uses that are not listed in the zoning ordinance for a particular district or that are expressly prohibited are not allowed in the district, except on rare occasions by use (zoning)variances.

A zoning variance authorizes a landowner to establish or maintain a use that is prohibited in the zoning ordinance. Requests for variances are not always granted. An administrative appeal is a process used to resolve disputes regarding ordinance interpretation or the reasonableness of a zoning decision. If applicants or neighboring landowners are unhappy with the decision of a zoning administrator, they may appeal that decision to the zoning board of adjustment or appeals.

If a landowner disagrees with the decision of the board of adjustment, the County Circuit Court is the next step in the appeal process. When reviewing zoning board decisions on appeal, the circuit court determines whether the zoning board erred and to affirm, reverse, or remand the decision. Court review of a zoning board decision is highly deferential to the board. The court presumes the decision of the board is correct and valid when reviewing it. Even if the court would not have made the same decision, it will uphold the evidence. The court may wholly or partly affirm, reverse, or modify the decision appealed. The court, in overturning a decision, will typically send the case back to the board, or remand it, for further proceedings consistent with the court’s opinion

Zoning Board Handbook (exits site)

Top