Shoreland Zoning, Erosion Control and Stormwater Management

A few people have called me concerned about a flyer that was sent out by an organization that contained much false information relating to a staff report on Shoreland and Riparian Management, prepared by county staff as a grant requirement for DNR. Instead of trying to attack those who use such tactics to alarm people or try to make them afraid of government, I am copying the text of a letter I composed with several other supervisors outlining the truth. Here is the text of the letter, to which 20 other Supervisors signed addressed to Melissa Mallott, Chair of the Dane County Lakes and Watershed Commission:


"This letter is in response to the misinformation that was sent to Dane County citizens by the lobbyist for the South Central Wisconsin Realtors Association under the guise of the Wisconsin Homeowners Alliance about the draft Shoreland and Riparian Management Report prepared by county staff. We are disheartened such misinformation now has to be corrected so the citizens of Dane County can know the truth that there are no regulations or ordinances currently pending before the Dane County Board related to shoreland and riparian management.

We recognize the county will need to review current ordinances to ensure compliance with state regulations, specifically, Ch. NR 115, Wis. Admin. Code, which has now been revised and will take effect March 2010. Counties have a two-year window in which to bring their ordinances into compliance with state rules. As you review these ordinances over the next two years, we want to ensure that staff have the following direction in making those revisions:

• Any revisions should only apply to construction projects, not repair and maintenance of existing homes, driveways and patios.
• Any revisions will not take away basic property rights of riparian owners.
• Revisions should reduce the need for variance appeals from lot area and width requirements.
• Any mitigation required to comply with ch. NR 115 will not lower property values.
• NR 115 and county shoreland zoning do not apply in cities and villages. Minimum standards for erosion control and stormwater management apply in cities and villages under Ch. 14 of County Ordinances. No changes to the erosion control and stormwater management ordinance will be proposed unless they have quantifiable benefits for our lakes and streams and are developed in collaboration with cities and villages.
• No future changes will require anyone to change their house color or otherwise alter the appearance of their home unless required by state law.

Over the next 2 years as county staff revise current ordinances to comply with ch. NR 115, we need to ensure and clarify that Dane County citizens will not be limited in what colors they paint their houses, whether they can build a deck, or whether they can remodel their homes, nor should they fear that their property values will decline as a result of compliance with ch. NR 115.

While staff estimates the full impact of the possible policy options discussed in the report would only impact approximately seven properties per year, we should nevertheless continue to engage a broad spectrum of the public, including business, real estate and environmental interests, in any subsequent revisions to our current county shoreland ordinance.

Thank you for your efforts at protecting our valuable water resources in Dane County."

Robin Schmidt, Supervisor, District 24