DNR Public Hearings

From the DNR

July 24, 25, 26, 31 & August 2, 7 & 8
The Department of Natural Resources will hold public hearings pursuant to §§ 59.692, 227.11(2)(a) and 281.31, Stats., interpreting §§ 59.69, 59.692, 59.694 and 281.31, Stats., on revisions to ch. NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances.

Major provisions of the proposed rule include changes to vegetation management in the primary shoreland buffer and changes to regulation of nonconforming structures. New requirements include minimum lot size and density requirements for multi-unit residential development, mobile home parks and campgrounds; two formulas to calculate reduced shoreland setbacks; an impervious surface standard; and mitigation standards. The proposals include:

Land Division Review – NR 115.09
The requirement for land division review is changed from the creation of “3 or more lots” to the creation of “one or more lots” to ensure that all new lots created meet minimum lot size requirements. If new lots are created that are divided by a stream or river, one side of the lot shall have a compliant building location.

Lot Size and Development Density – NR 115.11
Minimum lot size and density standards have changed eliminating a distinction between sewered and unsewered areas. The new minimum lot size for all lots created after the effective date of the rule is 20,000 square feet and 100 feet of width at the building setback and ordinary high water mark. Counties may allow development on a substandard lot.

Counties are required to develop minimum area or lot size requirements for multi-family residential structures, mobile home parks and campgrounds.

Counties may request the approval of standards for alternative forms of development with reduced lot sizes for planned unit developments, cluster developments, conservation subdivisions and other similar alternative forms of development if they include larger shoreland buffers, larger lot sizes or larger setbacks on those lots adjacent to the water.

Shoreland Setback – NR 115.13
Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.

Provisions are added to allow counties to exempt structures from the shoreland setback if they meet certain requirements outlined in § NR 115.13(4).

The construction of new dry boathouses is still exempted; however, a size limit of 250 square feet has been added to the rule.

Standards are established to qualify a lot for a reduced setback if there is not a compliant building location.

Height Requirements – NR 115.15
A new section on structure height was added to protect and preserve the natural scenic beauty of lake and riverine environments. Shoreland Vegetation and Buffers – NR 115.17

Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protecting habitat and water quality.

Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if they are exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but removed trees and shrubbery must be replaced.

Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.

A formula for the width of access corridors is provided, replacing the “30 feet in any 100 feet” provision, which was confusing if a lot had less than 100 feet of frontage. A second formula for lots with greater than 200 feet of frontage was also added to address larger developments adjacent to the water.

Impervious Surfaces – NR 115.19
Development is regulated through the use of percentages of total impervious surface rather than through the use of a nonconforming structure provision. The impervious surface percentages of 10% for new principal structures or 15% for existing development may be exceeded up to a maximum of 20% total impervious surface within 300 feet of the ordinary high water mark if mitigation measures are implemented and maintained.
Provisions are also included for shared impervious surfaces, expansion, enclosing existing impervious surfaces, replacements and relocation.

Mitigation Provisions – NR 115.21
Provisions are now a performance measure to protect, preserve and enhance water quality and wildlife habitat while achieving natural scenic beauty.

There is a water quality standard and a wildlife standard that the counties will have to flesh out in their individual ordinances. The water quality standard will require infiltration of runoff.
A provision on proportionality has been added to ensure the mitigation measures required will not outweigh the impacts of the proposed project.

Land Disturbing Construction Activities – NR 115.23
A county permit is required for land disturbing construction activities in the shoreland zone to minimize erosion and sedimentation.

Counties shall exempt from the permit requirement activities that have already received permits from other identified permitting authorities.

The proposed rule revision is not expected to have significant adverse impacts. The department has made a preliminary decision that an Environmental Impact Statement will not be necessary for this action. The Department has prepared an Environmental Assessment (EA). This environmental review document summarizes the department’s consideration of the impacts of the proposal and reasonable alternatives. The proposed rule, environmental analysis and fiscal estimate may be reviewed and comments electronically submitted either through the DNR Shoreland management Web pages or through the Wisconsin Administrative Rules Web site (exit DNR). Written comments on the proposed rule may be submitted via U.S. mail to Toni Herkert, Bureau of Watershed Management, PO Box 7921, Madison, WI 53707. Comments may be submitted until September 7, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings.