Purpose of Shoreland Zoning:

Transcription

1 January, 2016

2 Purpose of Shoreland Zoning: 1. Further the maintenance of safe and healthful conditions 2. Prevent and control water pollution 3. Protect spawning grounds, fish, and aquatic life 4. Regulate building sites, placement of structures, and land uses 5. Preserve shore cover and protect natural scenic beauty

3 Recent Legislation: Wisconsin Act Senate Bill 21. Effective 7/14/15-Immediately effective in all WI counties. Prior to Act 55, the shoreland standards in Administrative Code NR 115 were the minimum for counties. Act 55 makes the shoreland standards in NR 115 the minimum and maximum for counties. Act 55 also changed existing laws for shoreland buffers, impervious surfaces, nonconforming structures and lots. New Structure Definition- principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch, or fire pit.

4 NR 115 Standards- Shoreland ordinance can t be more restrictive with regards to: 1. Minimum Lot Sizes 2. Building Setbacks 3. Vegetation Removal/Shoreland Buffers 4. Soil disturbance activities, filling, grading, etc. 5. Impervious Surfaces 6. Structure Height 7. Nonconforming Structures and Uses

5 Shoreland Standards- Act 55 Minimum Lot Size 20,000 square feet, average lot width 100 feet (unsewered) 10,000 square feet, average lot width 65 feet (sewered) If the town is zoned, -underlying lot size requirements for the zoning district remain in effect Shoreland Building Setbacks Principal structures- 75 feet to the OHWM, or averaged setback no less than 35 feet to the OHWM. Accessory structures- 75 feet to the OHWM (unless exempt) Exempt from setback : boathouses, authorized structures, broadcast receivers, stairways, utilities, POWTS, Wells,

6 Permitted Structures Exempt from Shoreland Setback Open Sided and Screened Structures If located no less than 35 feet to the OHWM, does not exceed 200 sq. ft. in size, and a buffer is restored or preserved at least 70% of the half of the shoreland setback. Boathouses (dry) Must allow on all waterways if the structure can fit within the allowable view and access corridor, unless slopes exceed 20% Not for human habitation, no plumbing, pitched roofs, 300 sq. ft. in size, muted colors, only used for boats and related equip. Stairways (up to 60 inches wide, necessary for access)

7 35 ft. Why Shoreline Setbacks? Area for heavy equipment during construction -To keep structure on stable ground (shorelines erode naturally) Shoreland Buffer -To keep the shoreline buffer intact during and after home construction -To reduce pollutant-carrying runoff entering lake or stream -To maintain habitat for birds and other wildlife, and natural scenic beauty

8 Set-back Averaging When it Applies New principal structures only. ( not reduced less than 35 ) There is an existing development pattern. This means that principal structures exist within 250 feet of a proposed principal structure in both directions along the shoreline at a setback less than 75 feet. Example- Aerial view of lots. 100 ft. wide or less Road Proposed home Averaged Setback Lake 75 35

9 Increased Development per Act foot lots Current allowed density Result on 80 acres lake -66 homes ( prior 34) Small Lots= More Phosphorus(P) in Lake Wi soil types high in P boathouses allowed More P= more algae 1lb. P= 500 lb. Algae P is recycled in Lake yearly 34 homes prior with 200 ft. lots

10 Shoreland Buffers 35 ft. buffer depth Allowed 35 ft. wide corridor for every 100 ft. of frontage(35%) may be continuous Example: 200 feet of frontage, 70 foot wide opening allowed Corridor must stay vegetated with groundcover Restoration remains option for mitigation, not mandatory

11 35 SHORELAND BUFFERS Blue grass roots are 1-2 inches deep Native plant roots are 5-15 feet deep, holding much more soil and Phosphorus in place.

12 What happens when a shoreline is clear cut and mowed? Shoreline bank is destabilized, resulting in loss of land Soil erosion covers spawning beds, reduces fish habitat, and feeds algae growth Loss of shade leads to warmer water temperatures, especially in streams Loss of habitat for birds, frogs and other wildlife Loss of natural scenic beauty & property values

13 Shoreland zoning standards protect property values Less clear water = Lower waterfront property values A study of over 1200 waterfront properties in Minnesota found when water clarity went down by 3 feet, waterfront property values around these lakes went down by tens of thousands to millions of dollars What shoreland practices make water less clear? Soil erosion Rooftops and pavement close to the water cause runoff that carries pollutants to waterway No shoreline buffer to filter runoff See Protecting Your Waterfront Investment at uwsp.edu/cnr-ap/clue/documents/water/shorelandinvestment2013.pdf

14 Soil Disturbance Activities Minor changes to our ordinance language. Changed triggers for when a permit is required. Ordinance language when permit required: Within 300 of waterway, with surface drainage to waterway Any Soil Disturbance on slopes of more than 20% Soil disturbance more than 1,000 square feet on slopes of 12-20% one acre or greater will be disturbed resulting in the loss or removal of protective ground cover or vegetation. When constructing a new boathouse When constructing stairways, walkways, within the shoreland setback Retaining wall work ( New only allowed at 75 setback or more)

15 Impervious Surfaces Applies to construction, reconstruction, expansion, replacement or relocation of any impervious surfaces on riparian lots or non-riparian within 300 of OHWM Impervious surfaces are areas which release all or a majority of the precipitation which falls on it. (gravel, patios, decks, roofs, etc.) Up to 15% lot area coverage allowed without mitigation Up to 30% lot area coverage allowed with mitigation If your lot already exceeds 30% limit. Can keep existing coverage percentage, as long as no net increase. replace gravel with a garage Exemption- surface considered pervious if runoff is treated or internally drained (detention pond, pervious pavers, etc.) Exemption narrowly construed. Must have maintenance plan

16 Impervious Surface Coverage is regulated because of water quality impacts and the loss of desirable fish species Northern Pike- feed by sight, not tolerate of heat

17 Nonconforming Structures NC Structure- lawfully placed structure that does not comply with the required setback from the ordinary high water mark These are not NC structures Illegal structures Structures which meet the 75 shoreland setback or averaged setback if applicable Structures which were granted approval through a variance Exempt structures such as walkways and boathouses

18 Nonconforming Structures Allowed Activities per Act Repair, replacement, restoration, rebuilding etc. of a nonconforming structure if the activity does not expand the footprint. No mitigation required. No permit approval for these activities in unzoned townships. 2. Vertical Expansion up to 35. Includes accessory & principal. No mitigation required. No permit approval in unzoned townships.

19 Nonconforming Structures Allowed Activities per Act Expansion beyond the required setback with permit approval. No mitigation required for expansion, possibly for impervious surfaces. 3. Relocation of nonconforming principal if at least 35 from OHWM, no other compliant location exists and meets all other setbacks. Mitigation required 4. One time horizontal expansion of 200 square feet if Principal structure is at least 35 from OHWM, no closer to OHWM. Mitigation required

20 Height- No taller than 35 within 75 of OHWM

21 Mitigation Balancing measures designed to offset impacts from development When it is required per NR 115 Impervious surface coverage is greater than 15% but less than 20% - 2 points Impervious surface coverage is between 20% and 30% - 3 points Lateral Expansion of Nonconforming Principle structure within the shoreland set-back (21.13)(3)- 3 points Relocation of Nonconforming Principle Structure within the shoreland setback.(21.13)(5)- 1 point

22 Mitigation Opportunities Removal of a structure within the shoreland setback- up to 3 points Installation of a Rain Garden up to 3 points Installation of a Stormwater Infiltration System- 3 points Existing compliant shoreland buffer- 2 points Active Restoration of a compliant shoreland buffer- 2 points Passive Restoration of a compliant shoreland buffer- 1 point Increasing depth of an existing compliant shoreland buffer- 1 point for every 15 feet of depth Reducing width of allowable view and access corridor(s)- 1 point for every 15 foot reduction If lot is larger than prescribed minimum 1 point for every 10,000 sq. ft. increment. Sea Wall Removal and Bank Stabilization 3 points Increasing Shoreland Setback 1 point for every 15 foot increase beyond required. (maximum of 3 points) Removal of an existing artificial sand beach at least 200 sq. ft. in size within 35 feet of the OHWM with active restoration (accelerated recovery) of area - 1 point

23 Lincoln County Shoreland Mitigation Guidebook Standards and design criteria for mitigation choices Guidance for landowners who are required to earn mitigation Some choices are not applicable for all sites

24 -References& Research: Wisconsin Lakes Partnership Margin of error?: human influence on Wisconsin shores. oferror.pdf. -Wisconsin Department of Tourism The power of Wisconsin tourism. Impact%20Toolkit/2012%20Fact%20Sheet.pdf. -Markham, Lynn, Ross Dudzik Impervious surfaces: how they impact fish, wildlife and waterfront property values. Wisconsin Department of --Natural Resources, University of Wisconsin-Extension, and UW-Extension Center for Land Use Education. DNR Publication WT UWEX Publication No. GWQ061 I Wagner, Carmen, John Haack, and Robert Korth Protecting and restoring shorelands, the shoreland stewardship series. Number 2. University of Wisconsin-Extension, Wisconsin Lakes Partnership, Wisconsin Department of Natural Resources, Wisconsin Association of Lakes, and the River Alliance of Wisconsin. WI Publication No. WT UWEX Publication No. GWQ protect.pdf. -Determining if Maine s Mandatory Shoreland Zoning Act Standards are Effective at Protecting Aquatic Habitat -14 March