Realtors, builders weigh in on shoreline zoning

By Tom Larson

Wednesday, July 27, 2005 10:14 AM CDT

and Jerry Deschane The Wisconsin River Alliance (RA) recently wrote a letter to the editor criticizing ads placed by the Wisconsin REALTORS® Association (WRA) and Wisconsin Builders Association (WBA) notifying waterfront property owners of important public hearings regarding proposed changes to the state's shoreland zoning regulations.

In this letter, the RA accused the WRA and WBA of misleading the public about the content of the rule and its possible impact on property owners. In support of its claim, the RA provided so called truths about the proposed changes. However, these "truths" are inaccurate, as demonstrated by the language in the proposed rule. See for yourself.

Claim No. 1 by RA: "The proposed changes in NR 115 will not be applied retroactively to existing homes and property."

Fact Check - Many (not all) of the proposed changes apply to new and existing homes and property, including: * A new methodology for measuring lot widths (See p. 14 of the proposed rule); * The prohibition on the expansion of structures located between 35 feet and the water (See p. 24 of the proposed rule); * Restrictions on the number of sidewalks and the width of steps and landings at building entrances between 75 feet and the water (See p. 18-19 of the proposed rule).

Claim No. 2 by RA: The proposed rule provides "far more flexibility for owners of nonconforming structures (buildings built closer than 75 feet to the water)."

Fact Check: While it makes positive changes to the maintenance and repair of nonconforming structures, the proposed rule prohibits any expansion of structures located between 35 feet and the water (see p. 21 of the proposed rule) and sets size limits on the expansion of structures located between 35 and 75 feet from the water. (See p. 29 of the proposed rule) If a home already meets or exceeds these limits, no expansion is allowed.

Claim No. 3 by RA: The proposed rule clarifies that walkways, stairways and sidewalks are allowed within the 75-foot setback, and calls for them to be constructed in such a way as to minimize stormwater runoff.

Fact Check: The proposed rule states that a walkway, stairway or lift is allowed only on property with steep, rocky, eroding, unstable or wet conditions. (See p. 18 of the proposed rule). In addition to meeting the above requirements, all stairways and walkways must meet the following size, location and material requirements: * Only one stairway per 100 feet of frontage is allowed (see p. 17 of the proposed rule); * Walkways must be constructed of materials that will minimize storm water runoff (see p. 17 of the proposed rule);

* Stairway landings must be 40 square feet or smaller (see p. 17 of the proposed rule) Claim No. 4 by RA: The proposed rule merely provides a measuring technique so that all lots can be measured fairly and consistently.

Fact Check: The current rules require lots to meet minimum average widths, but they do not tell counties how to measure the lots. (See current NR 115.05(3)) Accordingly, different counties measure average width differently. The proposed rules require lots to be measured at the water's edge and at the setback required by the county. (See p. 14 of the proposed rule) Because this provision applies to all lots, existing lots platted according to a different measurement standard may be nonconforming under the new measurement standards.

Claim No. 5 by RA: The new rules require protective measures on properties with excessive impervious surface.

Fact Check: Under the proposed rules, no more than 20 percent of the lot can be covered in impervious surfaces (concrete, black top, gravel, footprint of structure, etc.). (See p. 22 of the proposed rule) Exceeding this standard triggers mitigation requirements such as restoring primary buffer by planting bushes, grasses, and trees. (See p. 20-21 of the proposed rule)

Claim No. 6 by RA: The new rules require natural vegetation to be maintained in the first 35 feet from the water, but this requirement is only triggered with new development.

Fact Check: The proposed rules apply to both new and existing homes. No property owner may remove vegetation outside of the designated access corridors, except species that are invasive, diseased, dying, damaged, or present an imminent safety hazard. (See p. 21 of the proposed rule) Furthermore, counties are required to adopt regulations for pruning vegetation within 35 feet of the water that will, among other things, screen your home from the water. (See p. 21 of the proposed rule)

Finally, the ads placed by the WRA and WBA did not advocate for a particular policy position. The ads didn't tell property owners to oppose or support the rule.

In fact, neither the WRA nor the WBA has taken a formal position on the rules yet. However, we do feel that it is important that property owners and the public have an informed understanding of the rules and the possible impacts on their property. Waterfront property owners will be directly affected by these proposed changes (for better or worse), so they must get the facts and decide for themselves how they feel about the rules.

For a copy of the proposed rules, please visit: http://dnr.wi.gov/org/water/wm/dsfm/shore/documents/ 115_Rule_Amended.pdf

Larson is the Director of Legislative and Regulatory Affairs for the Wisconsin REALTORS® Association and Deschane is the Deputy Executive Vice President for the Wisconsin Builders Association.

Both are members of DNR's NR 115 Advisory Committee.

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