Individuals and lake organizations are mobilizing in northern Wisconsin to try to get a recently passed law that affects shoreline zoning rescinded, and Washburn County Lakes and Rivers Association is among those urgently considering joining the effort.

One of the most potent changes would force counties to follow the state minimum lakeshore frontage requirement, which is 100 feet. That compares to county requirements, which, depending on the lake and other circumstances, tend to be anywhere from 100 to 400 feet. The counties say their requirements are based on science and larger tracts are needed to maintain water quality and property value.

Craig Walkey, president of WCLRA, sent out emails this week urging people to get involved in the effort to repeal the law, and he included information from John Richter, president of the Plum Lake Association in Vilas County, who said the changes “remove county control of some of the most critical zoning issues and put the State in control with ‘one size fits all’ lesser standards that constitute a very real threat to our lakes.”

Walkey said in an email on September 1 that the information about the shoreline changes “is being passed on as many of us in Northern Wisconsin oppose the loss of local control of shoreline zoning. We plan to fight State Government control of local shoreline zoning as State control does not work for every part of our state.”

In another email on August 29 Walkey lamented what the change would do in Washburn County.

“One of our Washburn County Lakes and Rivers Association members worked with a diversified group of conservation persons, realtors, developers, contractors, industries and others to hammer out a new shore line code NR115 everyone could live with,” he said. “It was a ten year project that nobody walked away with everything they wanted. But, it was a compromise. A real democratic process. The Wisconsin way of progressive government.

“The Governor’s budget killed the ten year work these people agreed upon and now instead of local control we have state control of shore land zoning.

“We have been hearing much from our Northern neighbors unhappy about this budget bill eliminating local control of shore land zoning without any public input or hearings. WCLRA is asking how you feel about this and if you believe as strongly as Washburn County Lakes and Rivers about this injustice for perhaps a few special interests. WCLRA believes we should voice a collective response that we do not want the state to dictate local zoning policies. We feel Northern Wisconsin should be heard in mass.

“WCLRA is requesting a total Northern response. Please pass this along to other Counties. Please respond either support or against. Your response will help us with our decision to fight it or live with it. Your voice will determine our action and you will be included.

In another email he noted, “I am hearing favorably from some of you. Washburn County Lakes and Rivers Association held our annual general meeting today (August 27) and Act 55 was brought up by a County Board member in opposition to this bill. We in Washburn County want this bill rescinded. Will you join us? We hope the Northern Wisconsin Counties and their lakes organizations will support rescinding this bill. We need to act now and soon. Please contact us and we will work together to return local zoning ordinances for shore our line protection.

“Please pass this message to all the Northern Counties and Lakes organizations and friends we don’t have access to. Our intent is to send a massive message to Madison to keep NR 115 as it was.

“If the lower half a Wisconsin needs lax ordinances, so be it. We understand it. We in the North want more protection for our properties and shore lines,” Walkey said.

Potential impact

Walkey also forwarded an email that began circulating on August 27 from John Richter, president of the Plum Lake Association in Vilas County, that described the potential impact of the law and outlined how the association proposed fighting it.

“We have begun a last minute effort to join forces with like-minded lake associations to seek relief from the changes to shoreland zoning the state recently inserted in the budget,” Richter said. “These changes remove county control of some of the most critical zoning issues and put the State in control with ‘one size fits all’ lesser standards that constitute a very real threat to our lakes.

“One of the most egregious changes is reduction of shoreline frontage requirements to the state minimum. It will adversely affect Plum and many other lakes with 150, 200, and greater frontage requirements (some as great as 400’), reducing them to 100 front feet. The reason for quick action on this issue is that, once the zoning departments get the final ‘directive’ from DNR, they will have to begin handling re-platting requests from owners selling out and from developers. What I have heard is that there will be a flood of requests once the directive is received and when these requests are approved, they are good forever. If the rule is changed back by new legislation later, they will be still be effective – a legal nonconforming lot at 100 ft. Re-platting, as I understand it, cannot be reversed. We have parcels in that situation on Plum, thus our concern.

“Many other lakes are in the same boat. The reason for greater minimum lake frontage standards is founded in science for the protection of our lakes to maintain water quality and property value. It was not controversial and not a political issue. I think we all felt the county had done a very good job setting the standards some 20 years ago. All of the rest of this new law can be revisited by new legislation and we have time to consider each issue. For the shoreline frontage issue, it will be too late – the damage will be done and irreversible, so immediate action on this issue is required.

“I have found almost universal agreement in my conversations with other lake association officers on this point; that letting the State set one size fits all standards and take zoning power away from the county makes no sense and is antithetical to the mantra of local control being best. From a republican legislature, 520 was a big surprise.

“We have been asked, by a former senate majority leader (a republican), “How many lake associations are with you?” They are pursuing remedial legislation at this time on our behalf. My mission was to contact as many as I could to see if they were generally in favor of returning zoning

authority to the county. To date, I have not found any that were not in favor. We are in the process of preparing an outline of remedial legislation that will be available shortly.

“We are engaging two well known and respected names in Wisconsin to draft legislation and assist us in getting it passed. Attorney Bill Oconnor from the Wheeler law firm in Madison is considered the best and most experienced in this area of law. He has developed a short term strategy for defeating the state takeover of shoreline zoning lake front minimums so that no more property is split up before we can repeal the legislation.

“He will also draft that legislation, which will be introduced in the short session of the legislature this fall. Mary Panzer, of Panzer Public Affairs, is a former Republican Senate Majority Leader. She has a

substantial depth of contacts in state government and a relationship with many people in the

legislature and the administration. She has already begun lining up support and the preliminary results are excellent. We will have a broad base of Bipartisan support for this bill.

“We will be signing a letter of engagement with both firms and will need to fund the retainer immediately. We have begun our effort to get commitments of donations from associations and individuals to this effort.

The repeal bill is now recognized as a gross overreach by republicans including some sponsors and has a very strong probability of being passed with follow up legislation to deal with non conforming structure repair and renovation that will be submitted in place of the budget amendment.

“We are in favor of this approach as are the sponsors of the new bill. It will result in return of shoreland zoning authority to each county, insuring local control and a return to our previous regulations that were not controversial or political and protected our lakes and our property values.

“We are now tasked with collecting donations for the legal and lobbying retainers. The escrow accounts will be set up in the next two days and donations will be made to 501c3 tax exempt entities. I will get a letter out with instructions for mailing shortly.

“Overall, the goal is to return control of shoreland zoning to the County, where it belongs and to stop implementation of reduced lakefront minimum lot sizes until our new legislation is effective. We are the last line of defense. All of the others lines have been penetrated and we are now

called on to step up and defend our lakes. I know that none of us ever expected to be in this spot, but we are and we need to act now. Good luck with your groups. Keep me advised of your progress, as I will you.

“I am hoping you will step up. I need to know as soon as possible if I can add your association and members to our collective voice in opposition to the budget amendment,” Richter said.

More information

Walkey can be contacted at cwalkey@centurytel.net. Contact information for WCLRA’s other board members is at www.wclra.org.