Pubic Hearing

Chapter 16 Shoreland Overlay Districts

June 18, 2020

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1968: St. Croix County first adopted Shoreland Zoning

◦ Authority granted under § 59.692 and 281.31 Wisconsin Statutes

◦ NR-115, Wisconsin Administrative Code

2010 State of Wisconsin, Major rewrite NR115

◦ Established minimum shoreland standards

2011: Act 170

◦ Counties had to match standards exactly (nonconforming structures)

St. Croix County completed major rewrite April 1, 2014

History of Shoreland Zoning

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State Legislative Changes 2015-2018

◦ Act 55 “may not regulate a matter more restrictively than a matter is regulated by a shoreland zoning standard”

◦ Act 167

◦ Act 391

◦ Act 67

◦ Act 68

◦ Act 183

DNR Model Ordinance October 2019

2016 phase 1 amendments, effective 5-15-16

2020 phase 2 amendments

◦ Public Information Meeting February 20, 2020

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2020 Shoreland Rewrite

Utilized the following:

1. WI-DNR Model Ordinance, October 2019

2. SCC-Comprehensive Zoning Project (Chapter 15)

Repeal current code 17.30, Recreate as Chapter 16

1. Adopt as a standalone code1. any future changes (ex. legislative) would apply to this code only

2. Overlay District, applies to all unincorporated areas (21 towns)

3. New look, format

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Shoreland Areas & Wetland Map

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1,000-feet OHWM of a Navigable

• Lake,

• Pond or

• Flowage

300-feet OHWM of a Navigable

• River,

• Stream

• landward side of floodplain

Structure Setback75-feet from OHWM

Shoreland Overlay

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Proposed Changes:

All wetlands within a shoreland area

• required by statute

Removed structure setback

Current Code:

Wetlands 10,000 square feet or larger and a 50-foot structure setback

Shoreland-Wetland Overlay

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Proposed Changes:

Remove the inland-wetland district

Current Code:

All wetlands outside of the Shoreland Overlay

1-acre or greater in size

50-foot structure setback

Inland-Wetland Overlay

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Wetlands

Wetland Regulations

• Federal: Clear Water Act• Army Corps of Engineers

• Interstate Wetlands

• State: Chapter 281, NR 103• Wisconsin Department of Natural Resources

• Isolated Wetlands

• Local: Shoreland Overlay District• St. Croix County

• Shoreland-Wetlands

• Inland-Wetlands

State of Wisconsin-Isolated Wetlands• Wetland Rezoning process

• Mitigation, wetland bank

• Exemptions, discharges to wetlands• Urban areas, more than 1 acre wetland/parcel

• Agricultural related, more than 3 acres

• Act 183, Wetland Study Council (2019)

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Subject Current Code 17.30 Proposed Code

Chapter 16

Notes

Permitted Uses by

District

Shoreland

Shoreland-wetland

Shoreland-removed uses

Shoreland-wetland-no change

Uses regulated by the

underlying zoning districts

Minimum lot sizes Refers to subdivision

ordinance

Lot size standards added to new

code

Required changes per state

statutes

Structure setbacks Shoreland-75 feet

Bluffline/Shorelines-20 feet

Shoreland-wetland-50 feet

Inland-wetland-50 feet

Shoreland-75 feet

Removed setbacks to all other

areas

State model only addresses

structure setbacks within

shoreland areas

Exempt structures Several revisions to this section

Separated Principal Structures

from Accessory Structures

Required changes per state

statutes

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Subject Current Code 17.30 Proposed Code Chapter 16 Notes

Nonconforming

Structures

Several revisions to this section Required changes per state statutes

Impervious Surfaces Tiered impervious limits

10-25%

Several revisions to this section

*15-30%

**Treated impervious standards

Required changes per state statutes

Vegetation Vegetative Buffer Zones

0-35

35-75

Several revisions to this section

0-35 feet vegetative buffer zone

Required changes per state statutes

Land Disturbance Minor edits

Added land disturbance 400 cubic yards

Clarification purposes

Mitigation Revisions to this section Required changes per state statutes

Administrative

Procedures

Not included in current

code

Similar procedures from Chapter 15 Required since Chapter 16 is a

standalone overlay district

Definitions Not included in current

code

Added applicable definitions from Chapter

15 and State Statues

Required since Chapter 16 is a

standalone overlay district

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Timeline

Public

Information

Meeting• February 20, 2020

Public

Hearing• June 18, 2020

County Board • July (tentative)

Effective Date• August 1, 2020

(tentative)