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The Lake Policy Report

 

Your new source for lake policy news

A frequent comment in our Wisconsin Lakes member survey this past spring indicated that many of you suffer from the lack of a consistent source of news regarding public policy  impacting Wisconsin’s lakes and lake users. And it is certainly true that today’s media covers environmental issues much less than in the past.

Flag in snowThe Lake Policy Report was designed to help you fill that gap. Each month, the LPR will review important policy issues, providing information, analysis, context, and opinion to help you better understand what is happening with the laws, regulations, and court decisions that affect lakes. As a result, we hope this helps you be a more informed lake citizen.

Over time we’ll look at the big picture (such as a piece coming next month looking at the upcoming legislative session), and we’ll zero in on important local happenings as well, such as this month’s profile of Dunn County’s budgetary efforts to improve water quality in the Red Cedar basin.

As always, Wisconsin Lakes’ mission is to build an informed lake citizenry, and we’ll strive to provide you with the information you need to arrive at your own opinions, instead of simply pushing ours through sensationalistic rhetoric.

But we also won't shy from sharing our opinion. Of course, we hope you’ll agree. But even if you don’t, we hope we’ll have given you the information you need to be able to articulate why.  We believe that the best way to move lake and water policy forward in Wisconsin is to have a vigorous conversation between all parties. That's a hallmark of Wisconsin Lakes, and that is what the Lake Policy Report is intended to foster.

We’re heading into a big new legislative session come January, and lots may be in store for lakes in 2015 and beyond. Now is the time  to be informed. And it’s our hope that you’ll find the Lake Policy Report a helpful tool to get there.

~ Michael Engleson, Executive Director

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Dunn County Budgets for Water Quality

With the state legislature facing a $2.2 billion difference between what state agencies asked for in their budget requests and what Wisconsin anticipates to bring in through tax revenue over the next two years, many are beginning to worry whether conservation issues like clean water might be on the cutting room floor when it comes budget time early in 2015.

Not everywhere in the state, however, is seeing cuts in funding to water quality efforts. In fact, due in part to some hard work on the part of Wisconsin Lakes member organization Tainter-Menomin Lake Improvement Association, the Dunn County Board recently created a new “Water Conservationist” position and allocated up to $100,000 for water quality initiatives in 2015. The position and funding both came with the unanimous support of the Executive Committee of the Dunn County Board of Supervisors.

Dunn County is home to lakes Tainter and Menomin, part of the Red Cedar River system. The lakes are frequently plagued in the summer with massive blue-green algae blooms that turn the water into a thick, pea soup. The TMLIA has been working for years to bring people in the Red Cedar basin together to work to solve the problem, winning a Wisconsin Lakes Stewardship Award in 2014 for their efforts.

With the addition of the Water Conservationist position to county staff, county residents will now have a place to go to ask questions about water quality. The conservationist will also work on shoreland zoning, groundwater, and other issues.

Ron Verdon, TMLIA president, told the Eau Claire Leader-Telegram prior to the vote that creation of the position would be “game-changing.”

“I think it is game-changing in terms of the county’s ability to understand what is happening with ground, storm, and surface water,” Verdon told the paper.

The Water Conservationist will be likely be hired in the early spring. Look for more coverage of this in the upcoming winter issue of the Lake Connection, Wisconsin Lakes’ print newsletter.

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The New, New NR115
New minimum shoreland zoning standards now in place

Wisconsin has a newly revised set of shoreland zoning minimum standards, and counties now have until 2016 to enact ordinances that at the least comply with those minimums.

The state’s shoreland zoning code, often called NR115 for its section of the administrative rules, sets out the minimum standards that all counties must include in their mandatory shoreland zoning ordinance. This revision, which went into effect in October, modified another more comprehensive revision of the original rules that went into effect in 2010. After some counties expressed difficulties meeting those standards, which were developed through a cooperative effort of the state, realtors, builders, the River Alliance of Wisconsin, and Wisconsin Lakes, DNR started another rulemaking process to develop this new, new set of standards.

The standards now in effect kept several of the 2010 features in place, including a 75 foot setback from the shore for the house, requirement of a 35 foot vegetative buffer along the shore, and minimum lot sizes of 20,000 sq. ft. for an unsewered lot and 10,075 sq. ft. if the lot is on a public sewer system.

Changes to the standards include:

  • Qualifying properties: In both revisions, properties with shoreline are subject to shoreland zoning. The 2014 standards also cover properties that are completely within 300 feet of a lake or river. This is a relaxation of the 2010 standard, which included any portion of a property within 300 feet of the shore.
  • Impervious surface standards: Impervious surfaces are places like rooftops, driveways, and patios that don’t allow water to sink into the ground, creating runoff to the lake or river. While the percentage of the property that can be impervious stayed the same for most properties, the 2014 revision of NR115 loosens this standard for properties in an "urbanized area" as defined by the rule. In addition, land that drains away from the lake is no longer part of the impervious surface calculus, and the creation of an engineered system to which the runoff flows also reduces the area considered impervious
  • Expansion of Nonconforming structures: These are structures that were lawfully placed when constructed, but are now within the 75’ setback. In addition to the 2010 standard that allowed vertical expansion within the setback and horizontal expansion outside of the setback, both with mitigation, the new rule also allows horizontal rearward expansion within the 75’ zone, and a one time 200’ lateral expansion, parallel to the shoreline
  • Replacement of Nonconforming structures: Previously, while a non-conforming structure could be replaced if it met certain criteria, removal of an accessory building was also required. Under the 2014 rules, accessory structures do not need to be removed.

Two other points are important to keep in mind. First, these standards are minimums – counties can pass shoreland zoning ordinances with standards stronger than these, and many do. The lone exception to this rule is that the legislature in 2011 passed a law that prevents counties from passing an ordinance with non-conforming structure standards stronger than NR115.

Second, some counties already have ordinances stronger than NR115’s, some have adopted the stronger 2010 standards, and some have not done anything since the 2010 revision. It’s important to know what the status of your county’s ordinance development, and advocate for the level of protection you believe appropriate to your county’s lakes.

Look for continuing coverage of NR115 by Wisconsin Lakes.

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Lake Policy Digest:
Stories of lake and environmental policy from around Wisconsin

Water, water everywhere... (from former DNR Water Division Administrator Todd Ambs on the Waters of Wisconsin blog)

WI Dept of Justice offers online webinars on public records and open meetings laws (from WDOJ) 

New DNR grant program set to encourage simple lakeshore projects to boost healthy lakes (from WDNR)

Ruling: Kewaunee County dairy expansion allowed to proceed, but only with heightened oversight from DNR (from wisconsinwatch.org) 

Agents investigate elaborate Great Lakes fish trafficking operation (from Milwaukee Journal-Sentinel)

Public invited to weigh in on Lake Superior fisheries management (from WDNR)

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Issue 2014-1
November, 2014

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Your membership and contributions supports the policy work of WI Lakes

 

In this LPR

Your new source for lake policy news

Dunn County budgets for water

The new, new shoreland standards

Lake policy digest


Policy Calendar

Jan 5, 2015: Innauguration Day

 

 

 

 

©2014 Wisconsin Lakes, 4513 Vernon Blvd, Ste 101, Madison, WI 53705.
(608) 661-4313 ~ www.wisconsinlakes.org
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Wisconsin Lakes's mission is to conserve, enhance, and restore Wisconsin's lakes by fostering responsible lake stewardship and by promoting effective, beneficial environmental public policy. The Lake Policy Report aims to provide you with information, analysis, and opinion about the important issues impacting our lakes. We welcome your input at info@wisconsinlakes.org and on our Facebook page.

Your memberships and donations to Wisconsin Lakes are the sole source funding our public policy efforts. Please consider joining or making a special contribution if you are already a member.