Bewley, Martini warn of state changes to shoreland zoning

MERCER, Wis - State Sen. Janet Bewley and retired Wisconsin Department of Natural Resources employee Bob Martini addressed recent changes to Wisconsin's shoreland zoning regulations at an event hosted by the Iron County Lakes and Rivers Alliance at the Pines Beer Garden in Mercer on Thursday.

Bewley and Martini warned changes by the state legislature in recent years have removed local municipalities from controlling how bodies of water within their boundaries are used, something they both said could have dire consequences in the future.

Bewley began by giving a brief overview of how power begins with the Constitution and the federal government and flows down through the states to counties and local governments.

While Bewley said she generally favors having decisions made by the body closest to the ground - as long as it made sense - she said Wisconsin has been fighting to accumulate decision-making abilities at the state level.

"In our state, there is a desire to limit the role the federal government plays ... but when it comes to the power the state will delegate to local government, there is a reluctance to give that up," Bewley said.

She said shoreland zoning is just one example of how the state has taken back powers local governments used to have.

One of the results of the power shift has been a uniformity imposed across the state.

"Uniformity is not equality," she said. "Just because it is the same size, depth or width, that doesn't mean it's the right size, depth or width across the state."

Following Bewley's overview, Martini, who worked for the DNR for 32 years in a variety of capacities and is also president of Oneida County's Lakes and Rivers Association, provided specifics regarding the state's changes.

Under recently passed legislation, local and county governments are prohibited from regulating shoreland properties any more or less strict than regulations laid out in NR 115 - the state regulation related to shoreland zoning.

Martini said the state DNR regulation was never intended to provide the specifics necessary for counties such as Iron, Oneida and Vilas that have a large number of lakes.

"The idea behind NR 115 is counties would innovate," Martini said.

Each body of water is unique, he explained, and what can be tolerated by one could be disastrous to another. Failing to factor in this diversity prevents the lakes from being protected, he argued.

Prior to the requirement counties adhere to the guidelines of NR 115, Martini said 20 counties in northern Wisconsin had more stringent regulations.

"Because they had more to protect," he told the audience, mentioning natural buffer strips at the water line and mitigation requirements limiting how much drainage occurs as some regulations in place.

Under the idea of the public trust doctrine, Martini said everyone owns the water and lake beds - giving everyone a stake in their future and health.

He urged people to advocate for protecting the region's lakes, both by contacting politicians and simply talking to neighbors about ways they can improve properties.

"Sometimes word of mouth and peer pressure are important," Martini said. "It's not regulation, it's voluntary."

He also made an economic argument for protecting bodies of water, saying most towns in Oneida County have more than 50 percent of their assessed value coming from shoreline properties. The county also saw $215 million in tourism money in 2015, much of which Martini said was related to lakes.

Allowing the bodies of water to be polluted or damaged because state law prevented regulation could be economically disastrous to communities that are heavily dependent on the lakes, Martini argued.

Following his presentation, there was a question and answer session.

While most of the audience voiced opposition to the state law, there was some support for it. One audience member argued it gave more freedom to property owners to do what they want - such as sub-divide lots below a certain size - with their land and government wasn't always the solution.