Wisconsin Shoreland Zoning Explained

Home
Sellers
Introduction Estimated Net Proceeds Calculator Marketing Plan Relocation Services / Concierge Special / Difficult Situations Seller Guarantee (PDF)
Buyers
Introduction Buyer Agency Financing Mortgage Types Recommended Lenders Mortgage Calculator Home Search Relocation Services / Concierge Municipal Code Compliance Buyer Guarantee
Commercial / Investor
Introduction 1031 / Starker Real Estate Investment Analyzer WREE Sales of businesses
Concierge
For Buyers For Sellers Employee & Executive Benefits /
Relocation
Lake Living
Introduction Boating and Fishing regulations DNR and Other Important Regulations Shoreland Zoning Explained
Home Search
Contact

Wisconsin Shortland Zoning Explained

The Most Important Concept for Waterfront Homeowners

Realtor Michael Kwiatkowski is a Wisconsin-licensed Real Estate Broker. He is not employed by the Wisconsin Department of Natural Resources (DNR), is not a surveyor, and is not an attorney. The following information is a basic summary of Shoreland Zoning. It is provided as a courtesy and should only be used for informational purposes. This information is not legal advice.

Shoreland Zoning
Shoreland Zoning sets minimum building and development standards for waterfront properties based upon the "ordinary high water mark." You must be able to identify the ordinary high water mark, as all shoreland zoning is based entirely off of that mark. Thankfully, the DNR has created a brochure that clearly explains the concept. You can obtain a free copy in .pdf (Adobe Acrobat) format at http://dnr.wi.gov/org/water/wm/dsfm/shore/documents/OrdinaryHighWaterMark.pdf.

All counties are required to enforce Wisconsin's minimum standards and are free to enact stricter standards. It is my pleasure to summarize these standards for potential and current waterfront homeowners:

Lot Size Standards

Sewered lots must have a minimum average width of 65 feet and a minimum area of 10,000 square feet.
Unsewered lots (lots not served by a public sewer system) must have a minimum average width of 100 feet and a minimum area of 20,000 square feet.

Buffer Strip

The clear-cutting of trees and shrubs is not allowed in the strip of land from the ordinary high water mark to 35 feet inland.
One exception exists for a 30 foot wide path, for every 100 feet of shoreline, down to the water.

Setbacks

All buildings and structures must be set back at least 75 feet from the ordinary high water mark.
Exceptions exist for piers, boat-hoists, and boat houses.
An exception for "setback averaging" exists. If an existing pattern of development exists, counties may allow new homes to be built closer than 75 feet from the ordinary high water mark at the same setbacks as the average setback of neighboring homes.

Legal Nonconformities

There is a provision for the grandfathering of homes which allows for the continued use of those homes that were built before the Shoreland Zoning Ordinance was enacted. This grandfather clause only allows for the grandfathering of homes in violation of the setback requirements.
Each county must address nonconformities through limiting or prohibiting additions, structural alterations, and/or repairs.
The intent is that all nonconformities shall eventually be brought into conformity with the ordinance.

These standards can renovations, additions, and repairs difficult for existing owners and new buyers of grandfathered properties. Headaches await the unwary. The Wisconsin DNR created a special brochure for buyers considering waterfront property titled "Choosing the Right Waterfront Property." It is an excellent resource for all potential buyers. You can obtain a free copy in .pdf (Adobe Acrobat) format at http://dnr.wi.gov/org/water/wm/dsfm/shore/documents/ChoosingtheWaterfrontProperty.pdf.

Other Topics Related to Shorelands and Shoreland Zoning
Financial Incentives for Restoring Shoreland: Did you know that government and lake association grant programs are available to help you restore altered shoreland to a more natural state? Please see http://dnr.wi.gov/org/water/wm/dsfm/shore/incentives.htm for more information.

Stewardship Programs and Grants: Special programs exist to purchase shorelands or to pay you to keep shorelands in their natural state. Please see http://dnr.wi.gov/org/water/wm/dsfm/shore/sensitive.htm for more information.

Protecting Your Waterfront Investment: The University of Wisconsin prepared a bruchure detailing how waterfront property owners can best protect their investment. You can obtain a free copy in .pdf (Adobe Acrobat) format at http://clean-water.uwex.edu/pubs/pdf/shore.waterfront.pdf.

Controlling Runoff and Erosion from Your Waterfront Property: The DNR prepared a bruchure detailing how waterfront property owners can prevent erosion and control runoff on their waterfront property. You can obtain a free copy in .pdf (Adobe Acrobat) format at http://dnr.wi.gov/org/water/wm/dsfm/shore/RunoffGuide_LR_locked.pdf.

home | contact | privacy policy | about us | site map