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SHORLAND ZONING
in Wisconsin

    10 Things Owners of Waterfront
    Homes Should Know About

    The Proposed Changes to Wisconsin’s
    Shoreland Zoning Regulations

    The Wisconsin Department of Natural
    Resources (DNR) is proposing new
    changes to the state’s shoreland zoning
    regulations (NR 115).

    These new
    changes attempt to protect water
    quality, wildlife, and natural scenic
    beauty around our water resources, but
    do so by placing stricter standards on
    new development and construction
    within 300 feet of the water. As a result,
    the use and value of waterfront property
    will be impacted (positively or
    negatively). Below is a list of 10
    proposed changes that will have the
    most significant impact on owners
    ofvacant property.

    1. New impervious surface standards
    will limit the size of new homes and
    remodeling projects within 300 feet of
    the water. For existing homes within
    300 feet of the water, no more than 15%
    of the lot can be covered in impervious
    surfaces (concrete, black top, footprint
    of structure, etc.). This includes roof
    tops, sidewalks, driveways, patios, and
    any other surface that will not allow
    water to infiltrate the ground. The
    impervious surface limit is raised to 20%
    of the entire lot if the property owner
    meets mitigation standards established
    by the county. (Note – this provision is
    triggered only when an existing
    structured is expanded or replaced.)
    Example – On a typical 10,000 sq. foot
    lot (65’x154’), no more than 20% of the
    lot can be covered with impervious
    surfaces (w/ mitigation). This means
    that only 2,000 sq. ft. of impervious
    surface is allowed. If you assume that
    the average driveway is 200 sq. ft.
    (25’x8’), this means that you have 1,800
    sq. ft. to build a house, garage,
    driveway, patio and other impervious
    surfaces. (Note – a driveway, patio and
    sidewalk can be pervious if designed
    using the appropriate materials.
    However, these materials can be
    expensive.)
    2. Homes located between 35 ft. and
    75 ft. of OHWM (nonconforming
    structures) can be expanded vertically
    as long as the expansion does not
    exceed the 20% impervious surface
    limit. Also, these homes may be
    expanded horizontally if: (a) there is not
    a “compliant building location” (at least
    30 feet deep and meets setback
    requirements) on the property; (b) the
    expansion is no closer to the water; (c)
    mitigation requirements are met; and (d)
    the expansion does not exceed 20%
    impervious surface limit.
    3. New homes and additions cannot
    be more than 35-feet high. All
    residential structures within 300 feet of
    the OHWM must be no taller than 35
    feet. This applies only to structures
    constructed (or expanded) after the
    effective date of the rule. The rule does
    not specify where the height must be
    measured from (the road, lowest point
    on the lot, base of the structure), so it is
    seemingly left to the counties to make
    this determination.
    4. Homes located closer than 35 ft.
    from the OHWM (nonconforming
    structures) cannot be expanded. A
    prohibition on expansion will limit the
    usability of the home and could impact
    the value. By prohibiting any expansion
    of these structures, the rule effectively
    requires the house to be torn down and
    rebuilt behind the setback if the property
    owner wants to increase the size of the
    home.


    5. A nonconforming structure may be
    completely replaced under some
    circumstances. A nonconforming
    structure may be replaced (torn down
    and rebuilt), if (a) no compliant building
    location (behind setbacks and at least
    30 feet deep) exists on the lot; (b) the
    structure is not located between 35 feet
    and the OHWM (Note – if the
    nonconforming structure is located
    between 35 feet and the OHWM, the
    structure can be rebuilt if it is rebuilt in
    the most compliant building location
    possible, and all other requirements are
    met); (c) the replacement structure has
    the same footprint (no bigger); and (d)
    mitigation requirements are met.
    6. Unlimited maintenance and repair
    of ALL nonconforming structures is
    allowed. Nonconforming structures are
    allowed to be maintained and repaired
    without any limits on the amount of
    maintenance and repair.
    7. Setbacks cannot be reduced
    unless the lot would otherwise be
    unbuildable. The 75-foot setback may
    be reduced (i.e., buildings can be built
    closer to the water than 75 feet) only if,
    among other things, there is no other
    place on the lot to build a home or
    building that is 30 feet deep. Under
    current law, the setback may be
    reduced if existing development pattern
    exists (i.e., if the surrounding properties
    are built closer to the water)
    8. New mitigation requirements are
    triggered when setback and
    impervious surface standards are not
    met. Property owners must perform
    mitigation if they want to exceed the
    impervious surface standards or expand
    existing nonconforming structures. All
    mitigation must be proportional to the
    anticipated impacts of the project.
    Mitigation standards will be established
    by the counties, but must meet goals
    established by the DNR including
    controlling rainfall runoff to the
    maximum extent practicable.
    9. New vegetation and removal
    requirements will create smaller
    views to water for some lots. Within
    35 feet of the water, vegetation can be
    removed only within the “view and
    access corridor.” “View and access
    corridor” is defined as “40 ft. or 30% of
    lot width at OHWM (whichever is less)
    for lots with 200 ft. of frontage or less” or
    “20% of lot width at OHWM for lots with
    more than 200 ft of frontage.” The limits
    on tree removal are more restrictive
    than current law. Lots with less than
    150 ft of frontage will have a smaller
    access corridor through which they can
    view and access the water. For
    example, a 65-foot wide lot, would now
    have only a 19.5 foot view access
    corridor, rather than 30 feet. (Note –
    this provision is triggered when
    nonconforming structures are expanded
    or when conforming structures are
    expanded/replaced and the impervious
    surface standards are exceeded).
    10. Dry boathouses over 250 square
    feet are prohibited. All dry boat houses
    above 250 square feet are prohibited.
    (Note – Wet boat houses are regulated
    by Chapter 30 of the Wisconsin
    Statutes, not NR 115.)


    10 Things Owners of Vacant
    Waterfront Property Should Know
    About

    The Proposed Changes to Wisconsin’s
    Shoreland Zoning
    Regulations

    The Wisconsin Department of Natural
    Resources (DNR) is proposing new
    changes to the state’s shoreland zoning
    regulations (NR 115).

    These new
    changes attempt to protect water
    quality, wildlife, and natural scenic
    beauty around our water resources, but
    do so by placing stricter standards on
    new development and construction
    within 300 feet of the water. As a result,
    the use and value of waterfront property
    will be impacted (positively or
    negatively). Below is a list of 10
    proposed changes that will have the
    most significant impact on owners of
    vacant property.
    1. New impervious surface standards
    will limit the size of new homes and
    remodeling projects within 300 feet of
    the water. For all new construction
    within 300 feet of the water, no more
    than 10% of the lot can be covered in
    impervious surfaces (concrete, black
    top, footprint of structure, etc.). This
    includes roof tops, sidewalks,
    driveways, patios, and any other surface
    that will not allow water to infiltrate the
    ground. The impervious surface limit is
    raised to 20% of the entire lot if the
    property owner meets mitigation
    standards established by the county.
    Example – On a typical 10,000 sq. foot
    lot (65’x154’), no more than 20% of the
    lot can be covered with impervious
    surfaces (w/ mitigation). This means
    that only 2,000 sq. ft. of impervious
    surface is allowed. If you assume that
    the average driveway is 200 sq. ft.
    (25’x8’), this means that you have 1,800
    sq. ft. to build a house, garage,
    driveway, patio and other impervious
    surfaces. (Note – a driveway, patio and
    sidewalk can be pervious if designed
    using the appropriate materials.
    However, these materials can be
    expensive.)
    2. New lots must be bigger for all new
    single-family and commercial
    development. Under the proposed
    changes, all buildable lots must be (a) a
    minimum of 20,000 square feet, and (b)
    at least 100 feet wide at the OHWM and
    the building setback line (75 ft. from
    OHWM). Current law allows sewered
    lots to be a minimum of 10,000 square
    feet with a minimum width of 65 feet
    (can be measured anywhere).
    (Unsewered lots must be 20,000 square
    feet and 100 feet wide).This will result in
    larger, more expensive lots (serviced by
    sewer) that even fewer Wisconsin
    residents will be able to afford.

    3. New homes cannot be more than
    35-feet high. All residential structures
    within 300 feet of the OHWM must be
    no taller than 35 feet. This applies only
    to structures constructed after the
    effective date of the rule. The rule does
    not specify where the height must be
    measured from (the road, lowest point
    on the lot, base of the structure), so it is
    seemingly left to the counties to make
    this determination.
    4. Counties may establish smaller
    minimum lot-size requirements for
    multi-family and planned-unit
    developments. Counties may create
    smaller lot size requirements for multifamily
    development. Also, counties may
    create smaller lot size requirements for
    planned residential developments in
    exchange for larger shoreland buffers,
    larger lot sizes or larger setbacks on
    those lots adjacent to the water.
    5. #5 is missing.
    6. Setbacks cannot be reduced
    unless the lot would otherwise be
    unbuildable. The 75-foot setback may
    be reduced (i.e., buildings can be built
    closer to the water than 75 feet) only if,
    among other things, there is no other
    place on the lot to build a home or
    building that is 30 feet deep. Under
    current law, the setback may be
    reduced if existing development pattern
    exists (i.e., if the surrounding properties
    are built closer to the water)
    7. New mitigation requirements are
    triggered when setback and
    impervious surface standards are not
    met. Property owners must perform
    mitigation if they want to exceed the
    impervious surface standards or expand
    existing nonconforming structures. All
    mitigation must be proportional to the
    anticipated impacts of the project.
    Mitigation standards will be established
    by the counties, but must meet goals
    established by the DNR including
    controlling rainfall runoff to the
    maximum extent practicable.
    8. New vegetation and removal
    requirements will create smaller
    views to water for some lots. Within
    35 feet of the water, vegetation can be
    removed only within the “view and
    access corridor.” “View and access
    corridor” is defined as “40 ft. or 30% of
    lot width at OHWM (whichever is less)
    for lots with 200 ft. of frontage or less” or
    “20% of lot width at OHWM for lots with
    more than 200 ft of frontage.” Current
    law allows trees and The limits on tree
    removal are more restrictive than
    current law. Lots with less than 150 ft of
    frontage will have a smaller access
    corridor through which they can view
    and access the water. For example, a
    65-foot wide lot, would now have only a
    19.5 foot view access corridor, rather
    than 30 feet.
    9. Vegetation can be removed
    outside of view and access corridor
    only in limited circumstances.
    Vegetation cannot be removed outside
    of view and access corridor (w/in 35 of
    the OHWM), unless the vegetation
    qualifies as one of the following: (a)
    exotic or invasive species; (b) damaged
    vegetation; (c) vegetation that must be
    removed to control vegetation; or (d)
    Vegetation that poses imminent safety
    hazard. Under current law, trees and
    shrubs can be removed as long as the
    area is not clear cut.
    10. Dry boathouses over 250 square
    feet are prohibited. All dry boat houses
    above 250 square feet are prohibited.
    (Note – Wet boat houses are regulated
    by Chapter 30 of the Wisconsin
    Statutes, not NR 115.)
> BACK    

Molony REAL ESTATE
377 CLARK STREET
PO BOX 194, LODI, WI  53555
608-592-7306  & 608-445-8464
Website:  MolonyRealEstate.com
Email:  MolonyRealEstate@Yahoo.com

Molony Real Estate
377 CLARK STREET
PO BOX 194, LODI, WI  53555
608-592-7306  & 608-445-8464
Website:  MolonyRealEstate.com
Email:  
molonyrealestate@Yahoo.com
    "Tougher Shoreline Building Rules Proposed in Wisconsin"
    Green Bay Press-Gazette (WI) (06/10/09) Richmond, Todd

    Under revisions to Wisconsin's waterfront building regulations recently announced by state environmental officials, shoreline property owners would be required to limit the size of new
    driveways, decks and roofs. This marks the first major redraft of the state's shoreline building standards in over four decades. The changes underscore how development around
    Wisconsin's rivers and lakes has shifted from family cottages to multi-unit residential communities and year-round homes. Wisconsin's Department of Natural Resources contends that more
    hard surfaces mean less vegetation and less food for the state's wildlife. In addition, more runoff contaminated with chemicals and fertilizer could seep into the water, resulting in pollution.
    Under the new rules, property owners would be forced to limit waterproof surfaces to 15 percent of a property's total area. Homeowners could increase that area to 30 percent if they restore
    native plants or reduce runoff. Those homeowners looking to expand a pre-existing structure within the setback would have to take measures to improve wildlife habitat and water quality.
    The plan has a broad swath of support, including the Wisconsin REALTORS® Association (WRA) and the Wisconsin Builders Association. Tom Larson, a lawyer for the WRA, acknowledges
    that it remains to be seen how the hard surface caps might affect homeowners. Still, he described the package as a fair compromise, particularly for owners of non-conforming structures. He
    added, "You can basically keep what you have."
    [Please note that Molony Real Estate does not necessarily agree with all of the decisions and comments from the Wisconsin Realtors Association, though we are active members.]
    Wisconsin Natural Resources Board Agenda & Meeting Dates            Wis. to consider new shoreline building rules        
CALENDAR of EVENTS
LINKS
LISTINGS
    2 September 2009
    Shoreline Zoning:
    The Department of Natural Resources has proposed to update Natural Resources Rule 115
    (NR 115 - http://www.legis.state.wi.us/rsb/code/nr/nr115.pdf and http://dnr.wi.gov/org/water/wm/dsfm/shore/news.
    htm).
    NR 115 outlines regulations from the DNR on what landowners can do with their property if they live on the
    shores of many lakes and rivers in the state.
    Administrative rules such as these are used when the legislature sets broad standards and the individual
    agency creates the specific rules. When changes are made to these rules the agency, such as the DNR,
    submits the changes to the appropriate legislative committee and the members have 30 days to object. This
    process is called passive review and NR 115 is being reviewed as we speak.
    Under the rule change, the State will impose tough standards for mitigation and impervious surface limits for
    all lots within 1,000 feet of a lake's ordinary high water mark and within 300 feet of a river, stream or the
    landward side of a flood plain. These changes could have drastic effects on the property rights and property
    values of those people who live on or near a lake or river.
    It is important that when changes such as these are made that the public have their voice heard loud and
    clear. We need to protect our vital natural resources while imposing as few restrictions as possible on
    those people who have paid to live on these lots.
    Contact the Assembly committee on Natural Resources and let them know your views on the proposed rule. You
    do not have to live near a body of water to understand the importance of this mandate.
    Wisconsin Assembly Members on the Committee on Natural Resources:  
    http://www.legis.state.wi.us/W3ASP/CommPages/IndividualCommittee.aspx?
    COMMITTEE=Natural+Resources&HOUSE=Assembly

    RE: Meetings for Shoreland Zoning /aka/”Dane County Waterbody
    Classification Initiative”

    IMPORTANT:
    RE: Meetings for Shoreland Zoning /aka/”Dane County Waterbody Classification
    Initiative”
    The Dane County Waterbody Classification Initiative (also referred to as Shoreland
    Zoning) is a proposed program that could impact 57,000 properties in Dane County.
    It would impose new regulations, costs and procedures on all properties within the
    Shoreland zone. Some of the changes include: The Shoreland zone in our villages and
    cities would be extended from 75’ from the water to 1000’ from lakes and ponds and
    300’ from rivers and streams.

    This includes Agricultural, Commercial and Residential, all properties will be
    subject to the Shoreland Mandates.

    Dane County held two public hearings on this issue stay tuned to their actions,
    but also keep an eye on the DNR proposal NR 115 and spread the word!

    Read this article:  
    With NR115, DNR can score a Super Trifecta  
    by Richard Moore
    Investigative Reporter, Friday, June 19, 2009

    The Wisconsin Department of Natural Resources is poised to score a huge victory this
    summer when its long-cooking (and cooked up) revision of the state's Shoreland
    zoning code is ratified.

    If it is enacted (there would be a two-year lag period), the agency will have scored what
    can only be called a Super Trifecta with respect to its long-term goal of getting rid of
    nonconforming uses and structures.

    And enacted it will be, given the broad coalition the DNR has assembled for it. The DNR
    is crowing big time, and they have a right to, having lined up support not only from
    their environmentalist comrades-in-arms but from interest groups normally aligned with
    property-rights advocates, such as builders and Realtors.

    That broad, seeming consensus will give legislators who know better, or who should
    know better, public cover to side with the DNR. Sen. Jim Holperin, for example, pointed
    to unity for the proposal among "big groups" in explaining his own support.

    That so-called consensus is a mirage, by the way. If special-interest trade associations
    have sold out - these groups have to constantly keep their bread buttered with the
    agency - that's not so on the grassroots level.

    But the grassroots may have been lulled to sleep. If so, property owners in Shoreland
    areas had better wake up and focus on the rule and the deceptive way the DNR is
    selling it.

    Here's the Trifecta the DNR has lined up: 1) Despite a major public relations offensive
    to the contrary, the legal underpinnings of nonconformity remain in place; 2) not only
    that, but the DNR is expanding the concept, for the rule will add thousands of
    properties to the nonconforming list; and 3) the DNR - again, despite assertions to the
    contrary - has retained its long-term goal of getting rid of all nonconforming structures.

    Scary, but it's a DNR dream come true - tell people what they want to hear and buy off
    opposition, all the while expanding the agency's regulatory reach far from actual
    shorelines, and then ultimately bulldoze everything in their way.

    Trifecta!!!

    Let's examine each of the Trifecta's elements:

    1. The DNR wants you to believe that nonconformity as a legal standard will never be
    used again as a weapon against property owners but has been tucked away for good,
    like waterways protection chief Liesa Lehmann Kerler's long-ago alias, Nesta. But
    nonconformity in fact remains a decisive concept in shoreland zoning, just like Ms.
    Nesta herself.

    To be sure, the spin doctors want you to think the notion of nonconformity is irrelevant.
    Indeed, they stress, the revised NR115 allows property owners to maintain their
    nonconforming homes within 75 feet of the ordinary high water mark, and to even
    expand and relocate those structures under certain conditions and by agreeing to
    mitigation.

    The new NR115 would also abandon the so-called 50 percent rule that limited work on
    nonconforming structures to 50 percent of their assessed values over their lifetime. To
    the DNR and the rule's supporters, all that makes nonconformity, at least practically
    speaking, a thing of the past.

    Tom Larson, an attorney with the Wisconsin Realtors Association, which is supporting
    the rule, pointed to that issue as the critical one for his group.

    "The biggest thing was the nonconforming structures," Larson told the Milwaukee
    Journal Sentinel. He told the Chicago Tribune the same thing, calling the proposal,
    according to the newspaper, a fair compromise, especially for owners of non-
    conforming structures.

    "You can basically keep what you have," he was quoted as saying.

    Here's how DNR secretary Matt Frank put it in a June 8 memo to the Natural Resources
    Board, which is taking up the proposal next week.

    "Past Department policy reflected the Wisconsin common law concept that the goal of
    zoning law when regulating nonconforming structures was to bring about ultimate
    compliance with the zoning ordinance. In most instances, this would require eventually
    removing existing structures within 75 feet of the ordinary high-water mark. This
    proposal recognizes that existing structures within the 75-foot setback usually were
    built in compliance with the standards in place at the time of construction, and property
    owners may have substantial investments in the improvements on their shoreland
    properties."

    The problem with all this posturing is that nonconformity remains embedded in state
    statutes, and, unless the Legislature acts to modify or delete the language, it cannot be
    simply waved away by NR115. That's important because case law has determined that
    the intent of those statutes is to heavily regulate and control nonconforming property,
    and it's important because the statutes clearly define a nonconforming structure as any
    not meeting the requirements of a shoreland rule or ordinance when such rule or
    ordinance is enacted.

    Simply put, no matter what the DNR's proposal says about the 50 percent rule, counties
    can continue to enact that rule. What's more, the language of the law continues to put
    all nonconforming owners in legal jeopardy and subject to decisions - by the DNR, by
    counties, by the courts - to come into compliance, regardless of the new and improved
    NR 115.

    Still, one might wonder, is that important, given the new flexibility the DNR is affording
    homeowners, not to mention its kinder, gentler attitude? You bet it is, and that brings
    us to the second element of the Super Trifecta:

    2. Not only does nonconformity remain the legally controlling concept in shoreland
    zoning, the new rule will actually add thousands of properties - perhaps tens of
    thousands of properties - to the nonconforming list.

    Read Matt Frank's words and the other propaganda and one will get the distinct idea
    that nonconformity is mostly a term applied to homes within the 75-foot setback, but, as
    I pointed out above, nonconformity legally applies to any structure that does not meet
    the dimensional requirements of NR115.

    As it happens, the rule seeks to establish vigorous impervious surface standards,
    allowing only 15 percent of such surfaces on shoreland lots outright and up to 30
    percent with mitigation. Those standards will apply to all lots and parcels in the
    shoreland zone.

    That's 1,000 feet from the OHWM of a lake, folks. Any structure that does not meet those
    standards will be nonconforming; that will be thousands and thousands.

    The DNR has been pushing for impervious surface standards since about 2005, but
    these are harsh and unrealistic, even by agency standards. Even the 2007 draft of the
    rule would have limited the application of impervious surface standards to properties
    within 300 feet of a lake OHWM, not to the entire shoreland zone.

    This is a major change. In effect, the DNR will have managed for the first time to secure
    broad regulatory powers on land hundreds and hundreds of feet from the OHWM of
    lakes. It will expand its power to control land use in community after community,
    especially in the North, and will even swallow some towns whole. Can you say
    Minocqua?

    OK, now for the Trifecta, the element that makes it all worthwhile for the DNR:

    3) The agency - despite assertions to the contrary - has retained its long-term goal of
    getting rid of all nonconforming structures.

    How's that, Mister? That's not what the DNR says. That's not what the rule says. DNR
    officials say the exact opposite, in fact, basically that, in the words of Mr. Larson, folks
    can keep what they have.

    Well, that might be true right now, but, especially with the rule's expansion of
    nonconformity in the shoreland zone, for how long?

    Earlier in this column I quoted Mr. Frank's June 8 memo to the NRB explaining how the
    DNR had had a change of heart about nonconformity. Please reread that passage under
    element one above. As it turns out, Mr. Frank is quite the plagiarist. That language was
    lifted virtually word for word from Russell Rasmussen's presentation to the NRB in
    2005, explaining that year's proposed NR115 draft. That version also included
    impervious surface standards and would have allowed nonconforming structures to
    expand.

    Incredibly, here's Mr. Rasmussen's words:

    "Past Department policy, based on Wisconsin common law, was the goal of regulating
    nonconforming structures in order to bring about ultimate compliance with the
    shoreland zoning ordinance," Rasmussen said on May 25, 2005, according to the NRB
    minutes of that meeting. "In most instances, this would require the removal of existing
    structures within 75 feet of the ordinary high-water mark. This proposal recognizes that
    these nonconforming structures usually were built in compliance with the standards in
    place at the time of construction, and property owners may have substantial
    investments in the improvements on their property."

    Pretty amazing, huh? The NRB must have thought Mr. Frank's memo was deja vu all
    over again.

    Interestingly enough, both Mr. Frank and Mr. Rasmussen added a concluding sentence
    to these paragraphs, explaining the ultimate impact of the so-called policy shift, and
    these in fact differed in their verbiage.

    To Mr. Rasmussen, the policy shift did nothing to change the DNR's final solution: "This
    proposal still has the goal of ultimate compliance, but recognizes that the timeline for
    compliance has been considerably extended."

    So, the rubber finally meets the road. The department was still going to remove those
    noncompliant structures; they just wanted to give homeowners some time to prepare.

    Mr. Frank wasn't so blunt in explaining the impact of the identical words: "While local
    governments may still include in their ordinances the goal of structure removal in the
    setback, the revised Department policy reflected in this proposed rule no longer seeks
    to require immediate removal of nonconforming structures under shoreland zoning
    law."

    More finesse, but is he really saying anything different than Mr. Rasmussen? What
    does 'immediate removal' mean? If the DNR is never going to seek the removal of
    these structures, why include the word 'immediate'?

    The bottom line is, the nature of the stolen language indicates that in the last sentence
    Mr. Frank merely changed up the wording to soften the real intent of what was being
    said.

    In 2005, though, it was laid out on the table. After all the PR and propaganda, it turns out
    local governments can still use the 50 percent rule and require removal, and, for its
    part, all the DNR will guarantee is that it won't seek 'immediate removal.'

    But what about next year, or the year after that, or the year after that? What might the
    agency do to the properties your children will inherit?

    Make no mistake about it, the prevailing case law in Wisconsin holds that the
    presumption behind regulating nonconformity is to ultimately secure conformity.
    Otherwise, it makes no sense as a legal standard.

    Here's how assistant attorney general JoAnne Kloppenburg put it in a March 2003
    review of the state's nonconforming zoning law.

    "But, counties, and DNR, are not free to let them (nonconforming properties) continue
    unregulated," she wrote. "By statute, constitutional mandate, and common law (court
    decisions), nonconforming uses and structures cannot be extended, and they must be
    regulated and limited so as to disappear."

    As she said in reviewing one court case, "In sum, as the court said in Seitz II, the spirit
    of zoning is to restrict nonconforming uses and structures and to eliminate them as
    speedily as possible. While Wisconsin courts have protected the right of property
    owners to continue a nonconforming use or nonconforming structure for a reasonable
    period of time after new zoning ordinance provisions take effect, the courts have
    clearly held that the owner of a structure or property with a nonconforming use does
    not have the right to extend or change the nonconforming use (except to bring the
    property into compliance with current standards)."

    Hence, Mr. Frank's assurance about immediate removal; you can bet the DNR will
    decide what a reasonable period of time is.

    There is a whole lot more wrong with this rule - vague mitigation standards, natural
    scenic beauty requirements, the impervious surface regulations themselves- but I'll
    save those for the next edition.

    Right now, suffice it to say, unless people quickly get moving, both by stopping this
    rule and then pressuring the Legislature to act, nonconformity as a tool the DNR will
    use to steal your land will grow and grow. The implications are enormous.

    Using slick propaganda and carefully parsed language, the DNR and its allies are
    betting the people won't figure it all out until it's too late.

    They're betting they are going to score the Super Trifecta.


MOLONY
REAL
ESTATE
does not
always
agree with
WRA
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    Here is Dane County's Report after the Meetings for Shoreland
    Zoning /aka/”Dane County Waterbody Classification
    Initiative” - click here. 12/28/2009

    Be sure to notice the POINTS SCHEDULE on pages 34-36 which like
    paying for indulgences, has no real logic and can be applied unfairly.
    Also note methods of MITIGATION if you are found non compliant with
    the rules & regulations of the DNR on pages 37-45.
    The very vague guideline from which the DNR Shoreland Zoning
    Accessors work from is called the “precautionary principle”, the
    definition is just as vague: “Where there are threats of serious or
    irreversible damage, lack of full scientific certainty shall not be
    used as a reason for postponing cost-effective measures to
    prevent environmental degradation.(UNCED, 1992) - pages 48-49.
    Page 52 is missing, I do not know if that is on purpose or not.
    *Please notice that there has been NO in depth research or Fiscal
    Liability Report done to establish costs for manpower, technology,
    communication and various additional permanent financial commitments
    and long term repercussions on the Wisconsin Landowner and Taxpayer
    because of this frivolously put together mandate.
            CHANGES IN RULES AS OF 2010

    SB 301 States that if a county does not enact a Shoreland Zoning
    Ordinance or if the Department of Natural Resources (DNR)
    determines that the County has enacted an Ordinance that fails to meet
    certain standards, then DNR must adopt a Shoreland Zoning Ordinance
    for the County.
    This means that if the DNR doesn't like the mandates set by your County
    the DNR WILL override your County.
Shoreland Zoning is not over!
They are only waiting for the
2010
Elections to get over and then it
will be back.
Keep on this!
Shoreland Zoning – Changes in
Rules
The new rules were reviewed by the
State legislative committees and
published by the DNR February 1,
2010.