State Shoreland Development Rules Updated

Forty years after they were first adopted, state shoreland development rules have been updated to better protect lakes and rivers while allowing property owners more flexibility on their land. These minimum statewide standards are just one tool Wisconsin uses to safeguard our shorelands for the future.

The state Natural Resources Board adopted revisions to the rules Nov. 13, 2009. The final, official rules are expected to be officially published in early 2010. County governments will have two years from that time to update their shoreland development rules to be consistent with or exceed the state’s rules.

Now and after the rules are enacted locally, owners of existing homes and buildings can keep what they have. They will not have to do anything different unless they propose a major change on their property, like remodeling their home, expanding it, or paving or covering more surfaces. Then, they may have to take steps to offset the potential impacts from their project: increased water runoff and pollutants, loss of plants to filter runoff and provide wildlife habitat, and impacts on their neighbors’ and lake and river users’ scenic views.

Key Shoreland Development Rule Provisions

Some Standards Remain the Same:

• Homes must still be set back 75 feet from the water.
• Minimum lot size requirements remain at 20,000 square feet and 10,000 square feet.

Some Standards Changed:

• Spending limits on repairs to existing non-conforming residences located within 75 feet of the water’s edge have been eliminated.
• Expansion of an existing home closer than 75 feet from the water is now allowed in some cases: a property owner can build a second story or otherwise add-on vertically, if their existing house is at least 35-feet back from the water. Expansion of an existing home more than 75 feet from the water is still allowed.
• Property owners expanding the physical footprint of a non-conforming structure will be required to offset the environmental impact of the expansion by choosing from a number of options. Examples include reducing the amount of mowing next to the water, installing rain-gardens to absorb storm runoff, or re-planting native vegetation near the shoreline. Counties will set what the specific mitigation requirements are as they update their ordinances.

Some Standards Are New:

• A new standard caps the total amount of hard or “impervious” surfaces such as roofs, pavement and decks allowed on shoreland property. The caps apply only to properties within 300 feet of lakes or rivers, and they do not affect existing property owners unless the owners try to make major changes that would cover up more land with hard surfaces.
• No limitations would exist for additions or new buildings where the lot’s impervious surfaces do not exceed 15 percent of the total lot size. Where the sum total of impervious surfaces is between 15 percent and 30 percent of the lot size, property owners would be required to take measures to offset the environmental impact of their proposed project.

Contact Information

For more information

Gregg Breese
Shoreland Team Leader
(608) 261-6430