|
 |
8/3/2009
Rep. Petersen: Do new shoreland zoning rules cause more havoc?
Wisconsin’s current shoreland zoning rules have been in effect since January of 1968. They regulate the development within 300 feet of a river and 1,000 feet of a lake or the flood plain high water mark, whichever is greater, in all unincorporated areas of the state. Like most government regulation, the rules cause discontent for property owners and regulators.
Since 1998, the Department of Natural Resources (DNR) has been working on a rewrite of Wisconsin Administrative Code, Natural Resources Chapter 115 (Shoreland Zoning). According to the DNR, the new rule, a product of tens of thousands of public comments and numerous statewide hearings, would protect lakes and rivers by providing more flexibility for property owners and by streamlining the permitting process.
For new structures, the revised shoreland zoning would limit the total amount of surfaces on a shoreland property that could be developed to 15 percent. If a property owner wants to develop more, they would have to agree on a mitigation plan with the County to offset the development with environmental protection (i.e. restoration of native plants, measures to reduce runoff, etc.). Maximum development of any property would be capped at 30 percent.
Under the old shoreland zoning rule, existing legal nonconforming structures (structures built before their counties adopted shoreland standards and are closer to the water than current standards allow) could not be improved by more than 50 percent of the assessed value of the structure. This requirement will be eliminated in the change.
Specifically, homeowners under the new rule can not tear down and rebuild a structure within 75 feet of the water, but can perform internal remodeling within 35 feet and expand a structure within 35 and 75 feet as long as the 30 percent limit is not exceeded. Additionally, structures may not be higher than 35 feet within the 75 foot shoreline setback.
Under the original rule, there were limits on the cutting of vegetation within 35 feet of the water and no more than 30 of 100 feet of shoreline could be clear-cut. In the new rule, no vegetation can be cut within 35 feet of the shore. That is unless a permit is approved by the County, the cutting is of invasive species, or the cutting for viewing corridors and lake access is the lesser of 30 percent or 200 feet of the overall shoreline.
Written by the DNR and adopted by the Wisconsin Natural Resources Committee, the new rule will next be introduced as an administrative rule to the Natural Resources Committees of both legislative houses. Committee members have 30 days to object to the rule or it automatically takes affect. If objected to by either house’s committee, the rule would move to a ‘joint’ committee (consisting of representatives and senators).
If the joint committee objects to the rule, a bill must then be introduced to the full legislature blocking the rule’s passage. As with any bill introduced, that bill would have to be passed through both the Assembly and Senate and be signed by the governor.
Alternatively, upon objection the DNR could agree to change the rule or postpone enacting it. Considering the time and effort expended in drafting an administrative rule; that is not likely to happen. Nor is it probable that Governor Doyle would veto his own agency’s proposal.
Updates to shoreland zoning are intended to reduce the number of variances applied for through counties; thereby reducing the amount of manpower and time counties spend complying with the rule.
However, the Wisconsin County Code Administrators Association has pointed out in a letter to the DNR dated July 16, 2009 that the new rule will put thousands more properties on the nonconforming list. These properties will need to be regulated by local County Zoning. State monies to counties for NR 115 implementation and administration are very limited, and as the DNR cuts staff, water management specialists are not being replaced. This results in county zoning departments getting minimal support from the DNR.
When analyzing the DNR produced NR 115 – Shoreland Zoning, the question remains whether or not the new rule actually streamlines government while protecting Wisconsin’s rivers and lakes? Or, does it just add further government bureaucracy and additional expenses to both homeowners and cash strapped counties?
Kevin Petersen is a Republican and represents the residents of the 40th Assembly District.
|
|
Blog Archives
| 2010 |
  December
|
November
|
October
|
September
|
August
|
July
|
June
|
May
|
April
|
March
|
February
|
January
• Solberg: Healing After an Abortion
• Basketball fans eyeing extension of Miller Park sales tax
• Nanny sex-ed bill goes to Doyle
• A first. Village limits pension contribution for employees
• Nanny State update: Toothbrushing mandated
• Obama pushes education inflation
• WI Investment Board votes to borrow to juice up returns
• So Republicans have brought nothing to the table?
• You have got to be kidding me
• Nygren: Governor Continues Terms of Failure in State of the State
• Sen. Fitzgerald: Governor down the wrong track at high speed
• Phosphorus is the new CO2. $Billions in Wisconsin
• More Obama giveaways
• A reprimand? Would you keep him on the job?
• Burri: Sarah Palin for Prez troubles me
• Quote of the Day – Obama after the pie-eating contest
• Populism, abused and trampled
• Fitzgerald: Senate Republicans Propose Real Job Creation Agenda
• Stripped down health insurance – it’s about time
• Ok GOP, scrap the Party of NO; time to lead
• No way Feingold is a Coakley. Is Wall a Brown?
• Burri: Conservatives off the chart for a RINO?
• Paltry quid pro quo?
• Doyle says ARRA has ‘created or retained’ 44,000 WI jobs
• Does most of the public fall for this stuff?
• When you get signatures, always get a couple extra
• Blame it on the outmoded computers
• Scott Brown victory does not scuttle health bill
• 8th Congressional Candidate Forum, Jan. 25
• Scott Walker Meet-and-greet, Monday, Jan. 18
• Aren’t consumers taxpayers too?
• MORE taxes on investment income - dreadful and wrong
• Join the blaze orange army and say ‘Enough is Enough’
• The future of government-run health care
• Tax on banks is a really bad idea
• Roth, Savard on the stump, grassroots style
• Savard speaking in Appleton, 8 PM, Wed., Jan. 13.
• Rahmlow: Savard, Bies frontrunners for State Senate
• Burri: Failing Political Correctness 101
• School contracts and Race to the Top
• Senator Feingold worrisome and big red flags
• Psephological?
• This is really important. Contact Rep. Kagen. Now. Please.
• This is exactly what we need from Governor Doyle
• This guy is my hero
• Why am I not surprised?
• Talk health reform with Feingold (Th), Petri (today)
• Give the Mayor power over MPS - if he can break contracts
• Burri: Yup, Dems really are going to bypass a conference
• The $2.7 billion Wisconsin deficit no one told you about
• Walker launches county accountability website
• Rahmlow: Why is Van Hollen dodging the Nebraska deal?
|
| 2009 |
December
|
November
|
October
• The Lawton-Bader files
• Yup, it’s the TAX LEVY, not the tax RATE
• Ellis: costly automobile insurance laws must be rolled back
• If not Barrett, who?
• The subsidy game
• Burri: Bailouts, Banks, Health Care, and the Mob
• Attend Appleton Schools budget meeting tonight
• A public option WON’T increase costs? That’s delusional!
• Appleton Schools budget meeting Monday
• Wisconsin should be screaming for accountability
• Burri: If anything, we need more obstructionism around here
• WI on the leading edge - in the wrong direction
• Rep. Montgomery: Utility Customers Join State’s Crime-Fighting Efforts
• Public Conservation and Recreation Lands Total 16.5% of State
• In the crow's nest of the Titanic, shouting 'Iceberg!'
• Is Rep. Nelson a political hack?
• Health care: The road ahead will be brutal
• Kagen's pandering again
• Birthers - good stuff for you
• How much do we bend over backward for seniors?
• The trouble with health care is paying for it
• Two-parent families: The Gold Standard
• Burri: Kids... the joys and blessings
• Very, very worried about health care
• Rep. Huebsch: Wisconsin is proof government health care isn’t the answer
• School district contracts push up tax levy
• What? Obama, the Peace Prize?
• TODAY - hearing on Campaign Finance Reform
• Appleton School District tax levy up way too much
• CBO report is out - and the bill isn't even written yet?
• So, how much do YOU budget for health care?
• Burri: Copenhagen trip was amateurish
• “Sotomayor, you have blood on your hands...”
• Cap and Trade. Always follow the money
• Rep. Kagen gets (almost) free health services
• I actually agree with Rep. Kagen
• Future Wisconsin Conference for Conservatives, October 10, Wauwatosa
|
September
|
August
|
July
|
June
|
May
|
April
|
March
|
February
|
January
|
| 2008 |
December
|
November
|
October
|
September
|
August
|
July
|
June
|
May
|
April
|
March
• Important votes Tuesday, including Appleton Common Council
• Democrats are becoming supply siders??
• Further debunking Hillary myths
• WEAC has created an unsustainable monopoly
• From Mark Gundrum: One of the greatest honors an American can experience
• 'Operation Chaos' working?
• Joe Martin the best candidate in Appleton's 8th
• State programs to cut? - Volume II
• Oh the naivete of youth
• Not just disingenuous - flat wrong
• Steve - you will be missed
• Make cuts only AFTER you're elected....
• Getting serious: What programs can we cut?
• Rep. Steve Kagen joining me on Jerry Bader Show today
• Rep. Van Roy: Dental Care Pilot Program
• Has Dave Obey turned the corner on earmarks?
• Speaker Huebsch: Governor turns down Federal Aid?
• Mark Rahmlow: "We're Broke."
• As taxpayers, how do we know if it's a Chevy or a Lexus?
• This is trash talk - about a veteran
• Frank Lasee: Take time to get the Compact right
• 'The Gableman Ad' - is it racist?
• Roth thankful, Kagen shaking money tree
• Gov. Doyle's office not enamored with Freedom of Information
• Governor Doyle will never do it
• Leadership on smoking ban? Not Hanna
• Rep. Van Roy speaks out about smear ads
• You're threatening me about potholes?
• Losing the Hastert seat is NOT a trend and NOT curtians for the GOP
• First suggestion for 'slashing' programs
• Big money-saver for municipalities
• More one time fixes. Nuts.
• Any chances???
• I'm doing the Jerry Bader Show, today, the 11th
• Representative Frank Lasee: Final Waltz of the Season
• Guest Blog: It's not the county's business to be in the nursing home business
• Yup, Hillary won Texas and Ohio
• Gableman/Butler race featured - and it isn't pretty
• Lies from Planned Parenthood and NARAL
• He who sacrifices liberty.....
• Duh.
• The Troha sentencing, Doyle and that $200K
• Guns, passion and "originality"
• How hard is it anyway, to shut down a government program?
• Voting is a PRIVILEGE. And so are property taxes....
• Guest Blog: Governor Doyle, cancel your Ireland trip
|
February
|
January
|
| 2007 |
December
|
November
|
October
|
September
|
August
|
July
|
June
|
May
|
April
|
March
|
February
|
January
• Lots of ideas. No money.
• The Cigarette Tax - "Poor Policy Instrument?"
• School budget Lite?
• Frankenstein - not in the library, but in the legislature
• A librarian, a legislator, a president
• $1.25/pack - NO, NO, NO, and NO
• Kagen and Reagan in the same breath?
• Menasha: behind the 8-ball, but not biting the dust
• Any way you slice it, Wisconsin government wants (further) in on health care
• The World is Flat...what about health care?
• The PAC - too precious to fail. Day 3
• News follow-ups: Appleton West, Kagen at the White House
• Fox Cities PAC - too precious to fail - Day 2
• Fox Cities PAC - too precious to fail
• New Transit Tax coming your way
• Rep. Petri has his finger in the dike - I guess
• AASD Retirement Costs Burdensome
• Health care, health care, health care, health care
• Water rate increase was no slam dunk
• Education for all is just a bad dream
• New Year's resolutions from a parade snob
|
| 2006 |
December
|
November
|
October
|
September
|
| 2000 |
May
|
|
