Shoreland management plan goes inland

The Dane County Lakes and Watershed Commission is in the process of developing a shoreland management plan, which will lead to a new set of ordinances to regulate development on shoreland properties.

The draft plan, recently issued for public comment, may dramatically impact development on properties adjacent to lakes and streams, and on nearby upland properties.

Property owners, developers, water-based businesses and environmental advocates who have an interest in waterfront or in-fill development should pay close attention as this proposal moves through the planning process and to ordinance development.

Shoreland plan overview

The draft plan applies to "shorelands," including all lands within 1,000 feet of a lake or 300 feet of a stream. That is, it includes properties hundreds of feet away from lakes.

In urban areas, including the Madison Isthmus, the plan would cover thousands of properties.

The plan creates a system that classifies lakes and streams based on natural sensitivity and current use. Water bodies are classified as urban, developing or rural. The management goals for each classification vary:

• For urban lakes, the goals focus on balancing multiple, sometimes conflicting uses with restoring and enhancing water quality.
• For waterways in developing areas, the goals are geared more toward protecting and enhancing existing resources.
• The goals for rural waterways focus on protecting the natural resource from human impacts.

The proposed standards are based on lot size and buffer zones. For urban water bodies, the plan proposes a minimum lot size of 20,000 square feet and 100-foot width, with a minimum 37.5-foot vegetative buffer zone and 75-foot building setback. Minimum lot sizes in developing and rural areas are two and four acres, respectively, with correspondingly larger buffer and setback requirements.

Approximately three-quarters of all shoreland properties in the county, particularly in urban areas, cannot satisfy these requirements.

The draft plan offers alternative, performance-based standards designed to enhance water quality, habitat and natural scenery.

Activities such as restoration of wetlands or spawning areas, removal of unsightly structures, and rain gardens, are assigned points; and compliance is based on minimum point requirements.

Shoreland properties that do not meet either set of standards are nonconforming. Existing nonconforming properties would be grandfathered and would not require modification. However, the nonconforming status limits one's ability to improve the property in the future, or to replace existing structures.

Additional observations

The plan is a work in progress. Public comment sessions so far have revealed a variety of unanswered question, including:

• What is the effect on properties that cannot satisfy either set of standards?
• What is the cost of compliance with performance standards?
• What impact will the plan have on property values?
• How does the minimum lot size requirement affect other public goals, including in-fill development and affordable housing?

Initial public hearings have now been completed. County staff expects to finalize the planning document in July. Public hearings on the proposed ordinance will likely be scheduled for early 2009.

Interested parties should pay particular attention to commission meeting agendas for opportunities to have input in this process.

Carl A. Sinderbrand is a partner at Axley Brynelson.

Special thanks to Axley law clerk Wes Taylor for his assistance with this article.