St. Croix County Shoreland Overlay Zoning Districts Public Hearing Community Development Committee December 19, 2013
Timeline CDC Review October 17 Public Information Meeting October 29 (6:00-8:00 pm) Star Prairie Town Hall Stakeholder Meetings/ Optional CDC Review 3-Mondays in November District/Association Mtgs Public Hearing December 19 County Board TBD
Why Shoreland Zoning Delegated Authority to Counties 59.692, Wisconsin Statutes NR-115, Wisconsin Administrative Code All counties must adopt ordinances February, 2014 Counties must meet NR-115 minimum standards Applies to unincorporated areas of St. Croix County
Wisconsin DNR-NR 115 Shoreland Management Program Went into affect February 1, 2010 Structure Setbacks Minimum Lot Size Shoreland Vegetation Management Land Disturbance Activities Nonconforming Structures Mitigation Wetland Protection St. Croix Counties Original Ordinance-1968 Only minor updates over the past 40+ years
Shoreland Overlay Districts Shoreland Shoreland-Wetland Inland-Wetland Provisions Applicable to all Districts Minimum Lot Standards (refer to Land Division standards) Height Soil Conservation Practices Setbacks
Shoreland Overlay 1000-feet OHWM of a Navigable Lake, Pond or Flowage 300-feet OHWM of a Navigable River, Stream landward side of floodplain Structure Setback 75-feet from OHWM
Shoreland-Wetland Overlay All wetlands within shoreland overlay Structure Setback 50-feet, delineated wetland boundary
Inland-Wetland Overlay All wetlands outside of shoreland Overlay 1-acre or greater Structure Setback 50-feet from the delineated wetland boundary
Setbacks Structures Allowed* Without permit: Satellite, Antennas Utilities Fences Existing Boathouses 75-feet *Allowed with conditions
Setbacks Allowed with a Land Use Permit: Stairways Walkways Lifts 35-75-feet Open-sided structures Screen structures
Reduced Principle Structure Setback Principal structures exist within 250 feet of the proposed principal structure in both directions along the shoreline. The shoreland setback may not be reduced to less than 35 feet-owhm Land Use Permit Mitigation
Land Disturbance Activities Filling, grading, lagooning, dredging, ditching, excavating A land use permit is required: For any filling or grading of any area which is within 300 feet landward of the ordinary high-water mark of navigable water and which has surface drainage toward the water and on which there is either: Slopes Less than12% & more than 2,000 sq. ft. Slopes of 12%-19.9% & more than l,000 sq. ft. Slopes 20 to 24.9% & any disturbance Any land disturbance of 10,000 sq.ft. within 1000 feet and Must meet Erosion Control Standards
Impervious Standards What is an impervious surface? An area that releases all or a majority of the precipitation that falls on it. Includes rooftops, sidewalks, driveways, patios, etc. Applies to property within 300-feet of OHWM Existing Impervious surfaces, may be: Maintained and Repaired Replaced with a similar impervious surface within the existing footprint Relocated or modified with a similar of different impervious surface if: No overall increase in % of impervious on the property Impervious surfaces meet setbacks.
New Impervious Standards Allowed Up to 10% on the portion of a lot or parcel Land Use Permit Must meet Stormwater Management Standards Greater than 10% but no more than 25% Land Use Permit Must meet Stormwater Management Standards Mitigation
Vegetation Management Vegetative Buffer Zone: Designated as land that extends from the ordinary high water mark to a minimum of 35 feet inland
Vegetation Management-Buffer Routine Maintenance Removal of exotic, invasive, damaged, diseased, depending on scope, may require a Land Use Permit Access & Viewing Corridor Maximum 30-feet wide or 30% of shorefront
2 nd Vegetative Buffer Zone 35-feet inland to 75-feet Same as 1 st buffer zone Routine Maintenance Removal of exotic, invasive, damaged, diseased, depending on scope, may require a Land Use Permit Access & Viewing Corridor Allowed Forestry Management with conditions Agriculture Cultivation with conditions
Nonconforming Principle Structures Damaged or Destroyed Vertical Expansion Horizontal Expansion Replacement or Relocation Maintenance of nonconforming Principle Accessory Wet Boathouses All require Land Use Permit
Mitigation State law requires counties to adopt mitigation standards that are proportional to the impact of development on water quality, fish and wildlife habitat and natural scenic beauty. Practice that can take this So it functions like this?
Mitigation Required Reduced Principle Structure Setback New Impervious Surfaces greater than 10% Vertical Expansion of Non-conforming Principle Structures Replacement or Relocation of Nonconforming Principle Structures Must meet other standards Inspection of POWTS Land Use Permit
Mitigation Plan Site Plan Implementation Schedule Enforceable obligation recorded with deed Example: Deed Restriction, Affidavit Mitigate Impacts from a Menu of Choices
Shoreland-Wetland & Inland Wetland Districts SHORELAND-WETLAND DISTRICT: This district shall include all wetlands located within shorelands and within the jurisdiction of this ordinance. INLAND-WETLAND DISTRICT: This district shall include all nonshoreland wetlands, that are 1-acre in size or greater.
Definitions: NEW Access and Viewing Corridor Building Envelop Impervious Surface Inland Wetlands Land Disturbing Activity Mitigation Routine Vegetation Maintenance Stormwater Runoff
Next Steps Public Hearing County Board WI-DNR Certification