Improving
Iron County’s Shoreland Protection Ordinance
After
comparing Iron County’s current Shoreland Protection Ordinance (SPO) to that of
other counties in the Northwoods and the statewide minimum standards as
outlined in NR115, Iron County Lakes and Rivers Association (ICLRA) is
recommending specific improvements to the county’s SPO that will best reflect
the needs of the local citizens and aquatic resources. If all adopted, these
changes will work in concert to protect the beauty and character of our
shorelines, improve the clarity of our waters, protect property values on our
shores, and improve the fishing. The following recommendations fall within nine
areas and are based upon successful practices being implemented in other
counties in the north.
1.
Shoreland and Isolated Wetlands
2.
Building Setbacks
3.
Setback Averaging
4.
Shoreland Buffer Protection Areas and Viewing Area Corridors
5.
Shoreland
Lighting
6.
Impervious Surfaces
7.
Mitigation
8.
Landowner Consultation and Site Inspections
9.
Staff and Resource Needs
1. SHORELAND AND ISOLATED WETLANDS
Wetlands provide critical habitat for wildlife, water storage to
prevent flooding and protect water quality, and recreational opportunities for
wildlife watchers, anglers, hunters, and boaters. Under NR115, shoreland wetland standards
apply to all wetlands within the shoreland zone that are greater than 5 acres
in size. However, some counties have approved more stringent shoreland wetlands
standards. Common variations include applying shoreland wetland standards to
all mapped wetlands that are 2 acres or greater or to all wetlands within the
shoreland zone regardless of size or the presence of the wetland on a map.
ICLRA
Recommendations
·
Wetland
Protection for ALL shoreland and isolated wetlands regardless their size (ex. Vilas
County)
·
Require a 35 foot setback from all wetlands
2. BUILDING
SETBACKS
Building setbacks protect human health
and welfare, preserve natural beauty, reduce flood hazards and avoid water
pollution. Runoff from structures located too close to the shore quickly
carries nutrients, sediment, and other pollutants to a lake or stream with very
little opportunity for a shoreland buffer to filter contaminants or infiltrate
runoff.
ICLRA
Recommendations
·
Remove
the “permanent” in Section 9.4.17 (A)(1).
“All permanent structures, except piers and boat hoists shall be
set back seventy-five (75) feet from the ordinary high water mark of navigable
waters.”
·
Do not allow the construction of new boathouses.
·
Consider special protection of the Turtle Flambeau Flowage and other
outstanding resources through the creation of an overlay district.
3. SETBACK AVERAGING
Where
an existing development pattern exists, the shoreland setback for a proposed
principal structure may be reduced to the average shoreland setback of the principal
structure on each adjacent lot, but the shoreland setback may not be reduced to
less than 40 feet from the OHWM. Many counties including Vilas and Langlade
County have chosen not to allow setback averaging. In the rare situations where
eliminating setback averaging is woefully unfair to the landowner, they may
seek a variance from the Board of Adjustment. Variances in shoreland areas
compromise water quality, fish and wildlife habitat, and natural scenic beauty.
The effects of variances, though they may be imperceptible on an individual
site, accumulate lot by lot throughout the shoreland. Therefore, allowing
builders to build within the 75 foot setback should be a rare exception to the
rule.
ICLRA
Recommendations
·
Do
not allow setback averaging (ex. Vilas County)
4. SHORELAND BUFFER PROTECTION
AREA (BUFFERS)
Natural vegetation on land abutting
lakes and streams protects scenic beauty, controls erosion, provides wildlife
habitat, and reduces the flow of effluents and nutrients from the shoreland
into the water. In addition, they
provide homeowners more privacy and security.
Removing natural vegetation from the lakeshore reduces desirable game fish, such as
yellow perch[1]. According to state
law, the county must designate buffer zones, land that extends from the OHWM to
a minimum of 35 feet inland where the removal of vegetation is prohibited with
a few exceptions. One of the exceptions
is for the removal of trees to create viewing access corridors (VAC). The combined width of all VACs on a riparian
lot or parcel may not exceed the lesser of 30 percent of the shoreline frontage
or 200 feet.
ICLRA
Recommendations
·
In
order for the public to better understand the purpose of protecting shoreland
vegetation, refrain from using the word buffer as it has many other
connotations. Refer to “shoreland buffer protection area” as
“vegetation and wildlife protection area” or “water and wildlife protection
zone.”
·
Increase minimum “vegetation
and wildlife protection area” width to 50 feet inland
·
Allow
only one viewing area corridor per developed lot. A “filtered view” would be
preferable rather than a clear cut.
5. SHORELAND LIGHTING
Sensible shoreland lighting prevents unnessary light beyond that
of which is needed for safety. Excessive
and poorly managed light results in hazardous glare, light trespass and sky
glow. Poorly-designed or poorly installed
lighting causes glare that can severely hamper the vision of boaters, pedestrians,
cyclists, and drivers, creating a hazard rather than increasing safety. Light
trespass is a light fixture on one property that invades the privacy of
neighbors and creates an unattractive look to an area. Sky glow is light that is shown upward washing
out the night sky obscuring the view of the stars. Lighting technologies that can deliver
adequate illumination, provide security, save money and reduce light pollution
without competing with the beauty of the night. [2]
ICLRA
Recommendations
·
Shoreland
Lighting Ordinance requiring shielded lights to prevent light trespass
6. IMPERVIOUS SURFACES
Counties
must establish impervious surface standards to protect water quality and fish
and wildlife habitat and protect against pollution of navigable waters. Iron
County’s SPO currently makes no
mention of impervious surfaces. ICLRA wishes to work
with Planning and Zoning staff to determine what is best for our county.
7.
MITIGATION
A mitigation plan
is required for the expansion of nonconforming structures,
replacement/relocation of nonconforming structures, and exceeding maximum
impervious surfaces standards. There is
no mention of mitigation in Iron County’s SPO. ICLRA wishes to work
with Planning and Zoning staff to determine what is best for our county.
8. LANDOWNER CONSULTATION
AND SITE INSPECTIONS
NR115 does not require a minimum number
of landowner consultations or site inspections.
However, counties with effective shoreline protections programs dedicate
sufficient staff and resources to such efforts.
Site visits, especially design consultations, by staff will enable them
to prescribe effective and reasonable site-specific mitigation measures
possibly saving the landowner time and money.
A pre-planning or staking consultation may prevent new owners or builders
from disturbing the existing shoreline vegetative buffer preventing the need
for costly restoration or mitigation that is often not as effective at
retaining runoff and providing habitat as the original, native plants. At a bare minimum, a septic inspection should
be required on all riparian lots prior to sale; mandatory correction needed if
the septic system is found to be non-compliant.
Monitoring or follow-up consultations ensure that mitigation or
restoration efforts were effective. This
will prevent unsightly scars on our lakeshores that result in more erosion,
decreased habitat and murkier waters.
Langlade County staff conducts a total of six site visits per permit to
ensure that the landowner and contractors are familiar with the shoreland zoning
requirements and properly implement all mitigation measures.
9. STAFF AND RESOURCE NEEDS
It is recognized that a strong ordinance
is only as good as the staff and resources available to educate the public and
implement the ordinance. We all
recognize that the county has limited resources. For that reason there is great need for the
Planning and Zoning Department and the Land and Water Department to partner
closely to ensure that the shoreland protection ordinance is proactively
implemented to avoid the need for costly enforcement and degraded waters.
Many counties seek a Lake Planning Grant
from the Wisconsin Department of Natural Resources to help fund a shoreline
specialist to serve both the Planning and Zoning Department and the Land and
Water Department in conducting on site consultations, mitigation monitoring and
public outreach (ex. Langlade/Lincoln).
Counties also incorporate the cost of site visits into the permit fee
structure (ex. Langlade).
[1]
Helmus, M., & Sass, G. 2008. The rapid effects of a whole-lake reduction of
coarse woody debris on fish and benthic macro invertebrates. Freshwater
Biology , 53, 1423–1433.
[2] Liebl, D. and Korth, R. 2000. Sensible Shoreland Lighting (DNR
FH-431) http://dnr.wi.gov/topic/ShorelandZoning/documents/shorelandlighting.pdf.
Retrieved 4/9/2015.
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