Thursday, August 13, 2009

NR115: Does it thwart the Public Trust Doctrine?

Lakeland Times

...What's more, the statutes governing incorporated areas explicitly allow the improvement of shorelines. That absolutely contradicts official DNR science, which demands 75-foot setbacks, limited impervious surfaces and thick vegetative buffers of at least 35 feet. From such legal empowerment has emerged the Department of Commerce's Waterfront Revitalization Initiative, which actually gives cities and villages grant funds to carry out waterfront development projects.

...On the other hand, they ask, if waterfront development and revitalization are compatible with a comprehensive program designed to protect water quality, then why does the state insist it's necessary to proscribe such development in unincorporated territories?

It is a question the state of Wisconsin will likely have to answer in court.

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