Proposed Improvements to the Shoreland Development Standards

Forty-year-old shoreland development standards for unincorporated areas -- those areas outside city and village bounderies -- are being updated to improve lake and river protection, provide more flexibility for property owners, and streamline permitting. These minimum standards are only one tool Wisconsin uses to protect shoreland areas critical for clean water, habitat, and natural scenic beauty.

The Natural Resources Board approved the proposed changes on June 24 with several amendments but no significant changes. The next step is for DNR to submit the rules to the Legislature's standing committees and the committees may hold hearings or take some other actions. The revised shoreland development standards are expected to go into effect by the end of 2009, and counties will have two years to update their ordinances to reflect the new standards.

Watch the June 10, 2009 press conference about the proposal.

• Proposed Shoreland Development Standards [VIDEO Length 2:40]

Background Information

Listen to Gregg Breese, DNR Shoreland Team Leader, talk about proposed changes and read some background information:

• Why we are updating the standards? [AUDIO Length 1:35]
• What we hope to achieve with updated standards? [AUDIO Length :58]

• Factsheet [PDF 169KB]
• Natural Resources Board Information Packet [PDF 705KB] - Summary of rules, fiscal note, DNR response to public comments

• Proposed Changes to Shoreland Development Rules [AUDIO slide show Length 3:59]

How Will the Proposed Rules Affect Me?

• I have an existing home in the shoreland [AUDIO Length :40]
• I want to build on waterfront property I own [AUDIO Length :44]

• Frequently Asked Questions [PDF 103KB]

The Legal Language

• Proposed Revised Chapter NR 115 [PDF 146KB]
• Current Chapter NR 115 [PDF 43KB]

Key Provisions of the Proposed Improvements

The proposed improvements apply only to land in unincorporated areas -- areas outside city and village boundaries. Existing homeowners would not be affected until they remodel their home or make a major change in how they manage their property, like clear cutting trees, mowing new areas or paving over areas.

• Building setbacks and minimum lot sizes stay the same
  • Structures must be at least 75 feet from the ordinary high water mark.
  • Minimum lot size would remain 10,000 square feet with 65 feet of frontage for lots served by sanitary sewers and 20,000 square feet and 100 feet of frontage for lots not served by sanitary sewers.
• Rules on legal nonconforming structures made clearer and more flexible - Legal nonconforming structures, those built before their counties adopted shoreland standards and now closer to the water than standards allow, could more easily be maintained and repaired. The proposal would:
  • Eliminate dollar limits on the maintenance and repair of legal nonconforming structures.
  • Allow some expansion of buildings at least 35 feet from the water if the owner takes offsetting steps like restoring native plants or taking measures to reduce runoff.
  • Set height restrictions for those portions of buildings within the first 75 feet from the water's edge.
• New standard seeks to cut runoff pollution by limiting hard surfaces - Construction or expansion of buildings, driveways or other areas which prevent water from soaking into the ground is limited to 30 percent of the lot to reduce runoff and protect water quality in lakes and streams.

Contact Information

For more information

Gregg Breese
Shoreland Team Leader
(608) 261-6430