By Lee Bergquist of the Journal Sentinel

Posted: Jun. 24, 2009

New Richmond — The Natural Resources Board approved a substantial
revision of zoning regulations on Wednesday that aims to improve water
quality along the state’s waterways.

The regulations, which were originally written more than 40 years ago,
would set new limits on the construction of hard surfaces close to
lakes, rivers and streams.

But the new rules would also eliminate a controversial measure that
limited landowners from making improvements that exceeded 50% of the
value of the property from 35 feet to 75 feet of the shoreline.

Regulators sought the changes because of dramatic development on state
waters. Once dotted with small cottages, lakes and rivers in the state
are increasingly home to year-round residences and condominiums.

That’s increased runoff into many lakes and removed vegetation that
historically has helped protect waterways. The regulations, which will
be reviewed by the Legislature, would not change the state’s current
75-foot setback requirements from shorelines for construction of new
buildings. And property owners who don’t anticipate doing anything on
their land would not be affected.

The biggest change affects construction by limiting the amount of
impervious surface area on a property to 15% of the size of a lot.

The changes affect both property owners on the water and those who
live 300 feet from a lake and 1,000 feet from rivers and streams.

The rules give wiggle room to have as much as 30% of property covered
by impervious surfaces. But the owner would have to take other steps
to keep runoff from washing into waterways.

Options include adding rain barrels, rain gardens or installing native
vegetation.

The 15% requirement would not affect an owner who is replacing a roof
or driveway and plans to keep it the same size.

Also, the regulations do not affect waterways in incorporated areas of
the state. Milwaukee County, as dictated in the 1968 law, also is not
affected.

Many Wisconsin counties, including Waukesha County, have approved some
shore land regulations that are stronger than the new regulations.

The regulations have been under review since 2002. Rule packages were
developed in 2005 and 2007, but were never advanced by the Department
of Natural Resources for fear that they would not get enough support
from sundry constituencies.

“This is where the rubber meets the road,” said George Meyer,
executive director of the Wisconsin Wildlife Federation, which
supports the regulations. “This is where environmental protection runs
headlong into property rights concerns.”

Many business groups had opposed the regulations in early drafts, but
in recent weeks the Wisconsin Builders Association and the Wisconsin
Realtors Association announced that they supported the rules.

Still, the rules face opposition from some landowner groups and some
local officials who believe the measure goes too far and will be hard
to enforce.

The Wisconsin County Code Administrators Association, which will
enforce the regulations, raised objections. The group said it
disagrees with impervious requirements for those who do not live on
water bodies.

“Our concern is implementation,” said Karl Kastrosky, a code
administrator from Washburn, adding that it will needlessly increase
counties’ workload.

Jim Erdman, a board member of the Town of Oshkosh, said the DNR was
overreaching. He said the DNR should consider tax incentives, not
additional regulations.

Jay Verhulst of Arbor Vitae of Taxpayers for Fair Zoning said the DNR
kept details of the regulations under wraps for eight months before
they were released a few weeks ago.

But Todd Ambs, DNR water division administrator, said it took months
for the agency to evaluate more than 75,000 public comments.