Clean Water News

 As the new home of WISPIRG's environmental work, Wisconsin Environment can be contacted with any questions regarding this report.

MADISON—Rampant overdevelopment is endangering lakes across Wisconsin because the current shoreland zoning rules (NR115) are outdated and inadequate, according to a study released today by the Wisconsin Public Interest Research Group (WISPIRG). The report, entitled "Protecting Wisconsin’s Legacy of Lakes: The Case for Stronger Shoreland Zoning Rules", documents the decline in water quality that has accompanied an increase in development as high as 216% over the last forty years. Despite ongoing efforts to update NR115, the rule has not been meaningfully changed since the 1960s – and the effort to do so has been continually delayed for the last two years. WISPIRG’s report urges Wisconsin decision-makers to update NR115 immediately so that it may address the reality of modern development and adequately protect one of Wisconsin’s most beloved and valuable resources.

“The rules governing shoreland development are hopelessly outdated,” said Eliza Simon, WISPIRG Clean Water Associate. “The rulemaking process to update these laws has been held up for too long – decision-makers need to act to protect Wisconsin’s lakes from overdevelopment before this problem becomes any worse.”

Evidence of overdevelopment harming the health of our lakes include:

• Modern styles of development have been shown to increase phosphorous inputs by as much as 700% and sediment loading by 18 times.
• More than 80% of Wisconsin’s lakes contain unsafe levels of phosphorous, a nutrient found in human and animal wastes, fertilizers, soil, and septic systems (among other sources).
• Habitat for fish and wildlife is disappearing – one study of 14 lakes in Northern Wisconsin and Michigan’s Upper Peninsula found that the growth rates of bluegill declined as the intensity of lakeshore development increased.

“There is a need to pay closer attention to new shoreland developments, because development is a permanent change that cannot be corrected. Everything keeps getting bigger – except the lakes,” said Gary Nielsen, a lakeshore property owner in Portage County and the Director of Friends of Lake Emily.

In addition to endangering our natural resources and detracting from scenic beauty, the inadequate protection of our lakes also threatens Wisconsin’s economy:

• Wisconsin’s $11.71 billion tourist industry and the 300,000 jobs this industry supports depend on clean, enjoyable water and the natural scenic beauty of lakes.
• Clean water adds as much as $200 per frontage foot to property value, while lake clean-ups (which do not address the problem at its source) cost the state and private citizens millions of dollars each year.

“Based on current conditions and knowledge, NR 115 is clearly not sufficient to protect Wisconsin’s lakes,” said Lynn Markham, a Shoreland and Land Use Specialist with the UW-Extension Center for Land Use Education.

According to the WISPIRG report, the most harmful aspects of modern shoreland development allowed under NR115 include:

• Destruction of natural buffer zones. Lakeside plants (“buffers”) filter pollutants, prevent erosion, and provide wildlife habitat. But the thirty-five foot buffer required under NR115 is too small to be sufficiently protective, and, worse, NR115 allows these areas to be essentially clear-cut.
• Increased impervious surface area. Paved-over surfaces like driveways and rooftops do not filter rainwater and greatly increase the amount of runoff that can enter a lake. The current NR115 does not regulate impervious surfaces at all.
• Insufficent lot sizes. Adequate lot sizes protect waterways by decreasing housing density and leaving more land to filter pollutants. The current NR115 does not require large enough lot sizes for single- or multi-unit dwellings.

The DNR’s Natural Resources Board is expected to send the rules out for public comment in May. Once the DNR finalizes the rules, the legislature will have the opportunity to approve the rule or recommend changes. WISPIRG urges the DNR and the state legislature to approve updates to NR115 immediately. The improved NR 115 should include:

• A minimum lot size of 20,000 square feet and a 100-foot average width for single-unit structures;
• Larger minimum lot size standards for multi-unit structures;
• An impervious surface limitation of 20%;
• A natural buffer requirement of 50 feet.

“It is high time that our laws catch up with our society, and that the rules regulating development keep pace with development itself,” Simon said. “Stronger shoreland zoning rules will prevent future harm to our lakes and our economy and will safeguard a vital part of Wisconsin’s heritage and culture.”