Shoreland zoning historyShoreland zoning history The The Wisconsin Constitution, Wisconsin Constitution, adopted in 1848, adopted in 1848,

says navigable waters are “common highways says navigable waters are “common highways and forever free” and forever free”

This led to This led to “The waters of WI belong to the “The waters of WI belong to the people of WI” people of WI” which is the basis of the Public which is the basis of the Public Trust DoctrineTrust Doctrine

State of WI has obligation to protect the State of WI has obligation to protect the public’s rights public’s rights in all navigable waters including in all navigable waters including boating, fishing, swimming & huntingboating, fishing, swimming & hunting

Shoreland zoning, adopted in 1966, protects Shoreland zoning, adopted in 1966, protects public rights public rights through its purposesthrough its purposes

Preventing and controlling water pollution is needed Preventing and controlling water pollution is needed for boating and swimmingfor boating and swimming

Protecting spawning grounds is needed for good Protecting spawning grounds is needed for good fishingfishing

Maintaining shore cover is needed for fishing & Maintaining shore cover is needed for fishing & huntinghuntings. 281.31 Wisconsin Statutess. 281.31 Wisconsin Statutes

See short videos Champions of the Public Trust dnr.wi.gov/topic/waterways/about_us/doctrine.htm

Shoreland zoning standards protect property values Shoreland zoning standards protect property values Less clear water = Lower waterfront property valuesLess clear water = Lower waterfront property values

A study of over 1200 waterfront properties in Minnesota found when water clarity went down by 3 feet, waterfront property values around these lakes went down by tens of thousands to millions of dollarsWhat shoreland practices

make water less clear? Soil erosion Rooftops and

pavement close to the water cause runoff that carries pollutants to waterway

No shoreline buffer to filter runoff

See Protecting Your Waterfront Investment at uwsp.edu/cnr-ap/clue/Documents/Water/ShorelandInvestment2013.pdf

Impacts of phosphorusaerial photo of lake split in half down to lake bottom

- More algae & aquatic plant growth- Less oxygen- More rough fish, less game fish- Yucky for swimming

Cleaning up a lake with too much P is very difficult and expensive. For example, over $5 million has been spent to clean up Delavan Lake, and it’s still not “fixed”.

Phosphorus (P) added here

How do shoreland zoning How do shoreland zoning standards keep standards keep phosphorus and other phosphorus and other pollutants out of lakes & pollutants out of lakes & streams?streams?

1.1. Curb pollutants at their sourceCurb pollutants at their source:: Limits on filling and Limits on filling and grading reduce the amount of soil erosiongrading reduce the amount of soil erosion

Many soils in WI have high levels of phosphorus (P). For 80% of Many soils in WI have high levels of phosphorus (P). For 80% of lakes in WI, if you add more P, you get more algae & aquatic lakes in WI, if you add more P, you get more algae & aquatic plant growth. One pound of P in a lake can cause up to 500 plant growth. One pound of P in a lake can cause up to 500 pounds of algae growth.pounds of algae growth.

2.2. Cut runoff:Cut runoff: Limits on impervious surfaces reduce the Limits on impervious surfaces reduce the amount of runoff going to the waterwayamount of runoff going to the waterway

3.3. Capture and cleanse:Capture and cleanse: Shoreline buffers and rain Shoreline buffers and rain gardens catch pollutant-carrying runoffgardens catch pollutant-carrying runoff

ReferencesMany soils in WI have high levels of phosphorus.

Average soil test phosphorus and potassium levels decline in Wisconsin. 2011. John Peters. ipcm.wisc.edu/blog/2011/01/average-soil-test-phosphorus-and-potassium-levels-decline-in-wisconsin/ Average soil test P for all Wisconsin farm soils in the 2005-2009 period was 53 ppm.

Optimum soils test levels for Wisconsin. 1999. K.A. Kelling et al. University of Wisconsin Extension. Page 6. learningstore.uwex.edu/Assets/pdfs/A3030.pdf High phosphorus levels for corn are 16-42 ppm.

For 80% of lakes in WI, if you add more P, you get more algae & aquatic plant growth.

Understanding Lake Data. 2004. Byron Shaw. University of Wisconsin Extension. Page 6. learningstore.uwex.edu/Assets/pdfs/G3582.pdf

One pound of P in a lake can cause up to 500 pounds of algae growth. Lakescaping for Wildlife and Water Quality. Carrol L. Henderson et

al. Minnesota Department of Natural Resources. Page 27.

Shoreline buffersShoreline buffers

35

Blue grass roots are 1-2 inches deep

Native plant roots are 5-15 feet deep, holding much more soil and P in place

Blue grass cannot hold as much soil in place as native plants because blue grass has much shorter roots. Blue grass can lead to loss of shoreline, erosion, and sediment covering fish spawning beds.

6 foot tall person

What happens when a shoreline is clear What happens when a shoreline is clear cut?cut?

Shoreline bank is destabilized, resulting in Shoreline bank is destabilized, resulting in loss of landloss of land

Soil erosion covers spawning beds, Soil erosion covers spawning beds, reduces fish habitat, and feeds algae reduces fish habitat, and feeds algae growthgrowth

Loss of shade, so warmer water Loss of shade, so warmer water temperatures, especially in streamstemperatures, especially in streams

Loss of habitat for birds, frogs and other Loss of habitat for birds, frogs and other wildlifewildlife

Loss of natural scenic beautyLoss of natural scenic beauty

Recommended Shoreline Buffer WidthsA Research Summary

0 100 200 300 400 500 600 700

Wildlife habitat

Sediment control

Fecal bacteria

Stormw ater runoff control

Nutrient control

Range of recommended buffer w idths in feet based on (x) studies

Review of 52 U.S. studies by Aquatic Resource Consultants, Seattle WA

35 ft.NR115buffer

13-141

49-148

76-302

10-401

33-657

from poop

phosphorus, nitrogen

covers spawning beds

What can buffers do if they’re big enough?What can buffers do if they’re big enough?

A 35 foot deep shoreline buffer does not keep bacteria from poop out of the water. In many situations, it doesn’t keep P and sediment out of the water, and isn’t enough for wildlife.

ReferencesBar graph for shoreline buffers

A Literature Review of Recommended Buffer Widths to Maintain Various Functions of Stream Riparian Areas. 1992. Johnson, Alan W. (Aquatic Resource Consultants, Seattle, WA) and Diane M. Ryba. Prepared for King County Surface Water Management Division. 29 pages.

What happens if a shoreline is clear cut? No shoreline buffer. Determining if Maine’s Mandatory Shoreland Zoning Act Standards

are Effective at Protecting Aquatic Habitat, March 14, 2013 by the Vermont Department of Environmental Conservation. anr.state.vt.us/dec/waterq/lakes/docs/lp_mainezoning.pdf

Study is summarized in Does shoreland zoning work? at uwsp.edu/cnr-ap/clue/Documents/Water/MaineVermontSLzoningresults.pdf

Shoreline buffers provide Shoreline buffers provide habitat forhabitat for Eagles, loons, great blue Eagles, loons, great blue

herons, wood ducks and herons, wood ducks and moremore

Lawns provide habitat forLawns provide habitat for Canada geeseCanada geese

Geese avoid buffers because they Geese avoid buffers because they can conceal predators such as can conceal predators such as coyotes, foxes and raccoonscoyotes, foxes and raccoonsGoose video at youtube.com/watch?v=9Oef1C_kPNIGoose video at youtube.com/watch?v=9Oef1C_kPNI

Buffers affect birds

Wisconsin Loons More Likely Found on

Lakes with Clearer Water

0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

<5' 5-9.9' 10-19.9' >20'July Secchi Disk Depth (feet)

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Photo creditDoug Killian

ReferencesWI Loon study based on water clarity

Meyer, Michael W. 2006. Final Report: Evaluating the impact of multiple stressors on common loon population demographics-an integrated laboratory and field approach. Wisconsin Department of Natural Resources. EPA Grant Number R82-9085

Why shoreline setbacks?Why shoreline setbacks?

Shoreline buffer

35 ft

.

To keep the home/structure on To keep the home/structure on stable groundstable ground

To keep the shoreline buffer intact To keep the shoreline buffer intact during and after home constructionduring and after home construction

To reduce pollutant-carrying runoff To reduce pollutant-carrying runoff entering lake or stream entering lake or stream

To maintain habitat for birds and To maintain habitat for birds and other wildlife, and natural scenic other wildlife, and natural scenic beautybeauty

Area for heavy equipment during

construction

2008 study of 164 WI lakes found the same trend

2008 study of 164 WI lakes found the same trend

Impervious surfaces are hard surfaces like roofs, driveways, parking areas and patios

See Impervious Surfaces: How They Impact Fish, Wildlife and Waterfront Property Values – handout and video at uwsp.edu/cnr-ap/clue/Pages/publications-resources/water.aspx

ReferencesA study of 47 streams in southeastern Wisconsin found that when impervious surfaces covered 8-12% of a watershed – the land that drains to the stream – the number of fish species was reduced.10 In watersheds with impervious surface coverage even slightly above 12%, researchers found that the overall number of fish species plummeted. The same study also indicated that impervious surfaces immediately adjacent to the water, especially within the first 150 feet, had a significant impact on streams.

Wang, Lizhu, John Lyons, P. Kanehl, Paul Kanehl, Roger Bannerman and Edward Emmons. 2000. Watershed urbanization and changes in fish communities in southeastern Wisconsin streams. Journal of the American Water Resources Association. 36(5):1173-1187.

Wang, Lizhu, John Lyons, and Paul Kanehl. 2001. Impacts of urbanization on stream habitat across multiple spatial scales. Environmental Management. 28(2):255-266.

Researchers found that both the number of fish species and the number of small-bodied intolerant fishes was lower when there were higher levels of impervious surfaces within 330 ft of the water or within the entire watershed of the lake, when adjusted for lake type and location in the watershed. Intolerant fish are species that are sensitive to diminished water quality, sedimentation, and other forms of habitat degradation.

Garrison, Paul et al. Implementation and interpretation of lakes assessment data for the Upper Midwest. Final report to the U.S. EPA. Grant No. X7-83254601. November 2008. pp.47-48.

For additional references on this topic see Impervious Surfaces: How They Impact Fish, Wildlife and Waterfront Property Values at uwsp.edu/cnr-ap/clue/Documents/Water/ImperviousSurfaces2013.pdf

More sedimentsMore sediments and algae growth and algae growth make it difficult for make it difficult for some predator some predator species that hunt by species that hunt by sight to find their foodsight to find their foodMore sedimentsMore sediments cover spawning beds cover spawning beds of fish such as walleye of fish such as walleye and smallmouth bass, and smallmouth bass, depriving eggs of depriving eggs of oxygenoxygenMore runoff More runoff leads leads to warmer waters that to warmer waters that eliminate fish like eliminate fish like northern pike & troutnorthern pike & trout

More Impervious Surface = Less Fish

Why 35’ height standard on Why 35’ height standard on shoreline buildings?shoreline buildings?

Limit intensity of development Limit intensity of development to something that won’t to something that won’t degrade the lake or riverdegrade the lake or river Boats/personal watercraftBoats/personal watercraft ParkingParking

Maintain buffer & natural Maintain buffer & natural scenic beautyscenic beauty

Lake of the Ozarks, Missouri