Shoreland Zoning Minimum Standards

Wisconsin´s Shoreland Management Program established statewide minimum standards for shoreland development. Counties are required to adopt and administer shoreland zoning ordinances that meet or exceed these minimum requirements. The statewide minimum standards for county shoreland zoning ordinances are found in Chapter NR 115 [exit DNR], Wis. Admin. Code. A brief summary of those provisions are provided below. Be sure to check with the specific county in which you are interested in to find out about their development standards. Many counties have adopted additional requirements that are not listed below.

1. Lot size

In summary, s. NR115.05(3)(a), Wis. Admin. Code, provides:

• Sewered lots must have a minimum average width of 65 feet and a minimum area of 10,000 square feet.
• Unsewered lots (i.e., lots not served by a public sanitary sewer) must have a minimum average width of 100 feet and a minimum area of 20,000 square feet.

2. Buffer Strip

In summary, s. NR115.05(3)(c), Wis. Admin. Code, provides:

• Clear-cutting of trees and shrubs is not allowed in the strip of land from the ordinary high water mark to 35 feet inland.
• One exception exists for a 30 foot wide path, for every 100 feet of shoreline, down to the water.

3. Setbacks

In summary, s. NR 115.05(3)(b), Wis. Admin. Code, provides:

• All buildings and structures must be set back at least 75 feet from the ordinary high water mark.
• Exceptions: piers, boat-hoists, and boathouses are allowed along the shore.
• "Set back averaging" - if an existing pattern of development exists, counties may allow new homes to be built closer than 75 feet from the ordinary high water mark at the same setback as the average setback of neighboring homes.

4. Legal Nonconformities

As required by State statutes, administrative rules and case law, legal nonconforming structures are regulated in shoreland zoning ordinances:

• There is a provision for the "grandfathering" of homes which allows for the continued use of those homes that were built before the county shoreland zoning ordinance was enacted which are located closer to the water than the existing structural setbacks allow.
• The county must in some way address nonconformities in their shoreland zoning ordinance, through limiting or prohibiting additions, structural alterations and repairs.
• The intent is that over time the structures will eventually be brought into compliance with the shoreland zoning ordinance.

For more information, contact:
Gregg Breese, Shoreland Management Specialist
(608) 261-6430