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Wisconsin Association of Lakes E-News
January 2006

In this issue

Upcoming Events

Join us for our February 18th Southern Lakes Workshop

Make your voice heard in the Capitol

Special Committee on DNR Regulatory Reform seeks bias not balance

Pier bill would bypass public process for private agenda

Local ordinance aims to limit pier density, preserve lake character

Courts uphold County’s phosphorus ban

 


 

Upcoming Events

Southern Lakes Workshop. Richard T. Anderson Education Center - Waukesha County Technical College (Pewaukee campus). February 18, 2006. For registration, workshop topics, and schedule, download our Southern Lakes Workshop brochure.

28th annual Wisconsin Lakes Convention. KI Convention Center, Green Bay. April 20-22, 2006. Hands Across the Water. This year's convention will focus on civic engagement skills in supporting clean, healthy, lakes and waterways in Wisconsin.




 

  • Join us for our February 18th Southern Lakes Workshop
  • Wisconsin’s Southern lakes have been enjoyed for generations. However, intensive use over a long period of time has been accompanied by negative impacts such as invasive species, nutrient and sediment pollution, and higher development density.

    Join us in Pewaukee for the Southern lakes workshop February 18th to learn about the unique challenges faced by our Southern lakes, and the creative and effective approaches to their successful management and restoration. Workshop topics will include:

    • Groundwater management, groundwater conservation, and lakes
    • Lake management and restoration tools: dredging, drawdown, and aquatic plant management
    • Recent changes in waterway permitting
    • Key ingredients for successful restoration projects
    • Lake management planning
     
  • Make your voice heard in the Capitol
  • Conservation Lobby Day offers you the opportunity to talk your legislative representatives about your concerns and hopes for Wisconsin's lakes and natural resources. Your perspective as a local lake person will help your elected legislator understand the issues that are important to our lakes and vote to protect the things we value about Wisconsin’s special lakes.

    The Wisconsin Association of Lakes has prepared background information and talking points for four issues we feel are important to the future of our lakes (see links below):

    • Polluted Runoff
    • Groundwater decline and Great Lakes water diversion
    • Aquatic invasive species prevention and control
    • Shoreland protection
    “The future of tomorrow’s lakes depends on today’s lake policy decisions. It is important for Legislators to hear from local lake leaders that clean, safe, healthy lakes are important to everyone.” says Peter Murray, Wisconsin Association of Lakes Executive Director.

    Online registration for Conservation Lobby Day 2006 is being handled by the Wisconsin League of Conservation Voters.

     
  • Special Committee on DNR Regulatory Reform seeks bias not balance
  • The new Senate Select Committee on DNR regulatory Reform, created by Dave Zien and Alan Lassee, appears to be designed to gather complaints against the DNR in preparation for future attacks against selected environmental regulations.

    According to a recent press release (posted on www.wheelerreport.com ) from Senator Zein’s office, “This committee’s purpose is to focus on the content and enforcement of land use regulations impacting economic development in this state, wetland definitions/regulations, pier regulations, and other DNR related activities. Senator Lasee and the rest of our committee want to hear the horror stories of inconsistencies, double standards, and personality conflicts which plague DNR activities rather than sound public policy.

    Senator Lassee has publicly solicited complaints about the DNR and has scheduled a limited number of public hearings for early January. In an advance announcement about these hearings forwarded by Lorainne Seratti—former state Representative, now Governmental Affairs Director for the Northwoods Association of Realtors— she assured recipients that “In discussions with Senator Lasee’s staff, I have been assured the primary purpose of this hearing is to take complaints from citizens and the committee is prepared to accommodate this goal.”

    It appears this committee is going to considerable effort to recruit and hear only negative perspectives of the DNR. This ignores the tremendous work the DNR does, despite budgetary and staffing cuts, to protect our lakes and help lake communities. There are many examples of lake communities receiving grants and technical assistance from the DNR in order to improve the quality of their lake.

    “Good water quality is good for everyone. Healthy lakes maintain lakefront property values, boost the greater communities’ tax base, and support the income generated by visiting tourists,” says Peter Murray, Wisconsin Association of Lakes Executive Director. “Focusing only on complaints and negative anecdotes misrepresents the work DNR does and public’s appreciation for Wisconsin’s natural resources. Biased perspectives rarely make good policy.”

    We encourage you to participate in Conservation Lobby Day and contact your State Senator and Assembly Representative to let them know how important your lake is to you.

     
  • Pier bill would bypass public process for private agenda
  • Less than two years ago the Wisconsin Legislature passed 2003 Act 118 which created a pier permitting process, exempted certain piers from permitting, and directed the DNR to write administrative rules (NR 326) to administer the statute.

    A diverse group of stakeholders, with the help of the public, spent eighteen months developing reasonable rules (delivered to the legislature December 9) that balance property owner’s rights to access the water, to continue enjoying their piers, and to preserve the character and health of our lakes.

    Now, before considering the rule, and less than two years after the legislature directed the DNR to write pier rules Representatives Gard and Gunderson have introduced legislation (AB-850) that would allow certain private riparian property owners to place pre- existing and new piers that are clearly detrimental to other riparian property owners and the public interest in public waters.

    With the rapid pace of this bill (introduced November 29, one public hearing held December 2, passed out of Assembly December 15), many legislators will not have had time to read the submitted rules before voting to change them. In addition, several amendments were added to AB-850 making it easier to install piers that are harmful to lakes and interfere with other riparian property owners’ rights, including:

    • Requiring DNR to issue permits for harmful piers even if they negatively impact an adjacent property owner, obstruct navigation, or damage fish and wildlife habitat.
    • Restricting the recourses for adjacent property owners who may be harmed by a neighbor's pier.
    • Allowing high density condominium and commercial development to double their number of boat slips. This is unfair to single family home owners whose lakes and property are adversely affected.
    • Creating standards, exemptions, and permitting requirements that are more confusing for property owners, the problem 2003 Act 118 was intended to solve.
    This bill may now be considered by the State Senate. We encourage you to participate in Conservation Lobby Day and contact your State Senator and Assembly Representative with your thoughts on this bill.
     
  • Local ordinance aims to limit pier density, preserve lake character
  • The Lake Delton Ordinance Committee approved pier ordinance revisions that would limit pier density more than the current DNR density guidelines. Committee members say they want to do everything in their power to keep piers on the lake under control.

    Increasing condo developments and high boat traffic on the lake prompted the decision. "You have to be careful so people are uniformly treated," Village Attorney Dick Cross advised. He said a "solid ordinance" would be preferable to the "hodge podge" of rules that would result from individual negotiations with developers. "We should enact an ordinance we think is in the best interest of the lake, and if they (the state) don't like it, they'll tell us."

    For village leaders, the pier debate represents a broader tension between longstanding residents and condo developers and owners. "There are people who have lived in this community for a long time, have businesses here, and then there are people who build condos and they're gone," Village President Frank Kaminski said.

    The current village ordinance for piers and wharves abides by the DNR's longstanding density guidelines: two piers for the first 50 feet of a property owners' shoreline and one for each additional 50 feet. The revised ordinance would limit that to one pier up to three feet of water depth and two berths per parcel, regardless of the feet of shoreline.

     
  • Courts uphold County’s phosphorus ban
  • Ruling called a win for city's lakes

    The U.S. 7th Circuit Court of Appeals upheld Madison’s ban on phosphorus in lawn fertilizers. The ban was enacted in 2004 to reduce the amount of phosphorus runoff (the cause of summer algae blooms) into Madison’s lakes.

    Fertilizer manufacturers had sued both Dane County and the City of Madison over the ban, arguing that local governments can not regulate so- called “weed and feed” products (which contain both pesticides and fertilizers) since state law controls the use of pesticides and local law can't supersede state law.

    The U.S. District Court for Western Wisconsin and the Court of Appeals ruled in favor of the local governments. Judge Richard Posner, writing the decision for the Court of Appeals, said since the "weed and feed" products are a fertilizer- pesticide combination, and local governments can regulate fertilizers, the combination product can be regulated by local ordinances.

    "This is a great decision for all the residents and visitors to Dane County and Madison who love our lakes," said County Executive Kathleen Falk. "Keeping phosphorus out of lawn fertilizer will help reduce phosphorus going into our lakes."

    Madison Mayor Dave Cieslewicz also praised the ruling as "an important part of a long-term battle that we must continue to fight if we want our children and grandchildren to enjoy the lakes."