Transcript Regulations and Variances, Part I

Land Use Regulations
their role in protecting water quality
and other resources
Dan Baumann,
Water Programs Manager
Wisconsin Department of Natural
Resources.
Federal Authorization
• National Wild and Scenic Act (PL90-542,
October 2, 1968) “It is hereby declared to be the
policy of the United States that certain selected
rivers of the Nation, which, with their immediate
environments, possesses outstandingly
remarkable scenic, recreational, geologic, fish
and wildlife, historic, cultural, or other similar
values, shall be preserved in free-flowing
condition, and that they and their immediate
environments shall be protected for the benefit
and enjoyment of present and future
generations.
State Regulations
• Minnesota statute 103F351…The preservation
of this unique scenic and recreational asset is in
the public interest and will benefit the health and
welfare of the citizens of this state. …..
• Wisconsin statute 30.27 …..The purpose….to
guarantee the protection of the wild, scenic and
recreational qualities of the river for present and
future generations.
Zoning as a Tool
“the WI vision”
• Protect and enhance the best
and most sensitive
• Restore the rest
• Feds and States would delegate
some control to local governing
entities
• The State would retain final
approval “veto” authority
• Enforcement is directive based
tool
• Local ordinance language
should be the State language.
Zoning as a Tool
“the reality of today”
• Federal regulation is on a nationwide scale
• State regulations cover the entire boundary
reach
• Local regulations customize for types of
development, geography, geology and use
within local jurisdiction
• States role is generally consultation and
assistance with interpretation.
• Enforcement is a collaborative tool
• All entities have a role, on a daily basis, and the
best solutions involve wide input.
Things to consider
• Decisions set a baseline level –
precedent
• Cumulative impacts – death by a
thousand paper cuts
• Your only link to future decisions is
how well you document the
decisions you make now
• Each situation is unique, capture
that uniqueness in each decision
• Successful regulation is based on
the level of education that
proceeds it.
Wisdom of Aldo Leopold
• “We abuse land because we regard
it as a commodity belonging to us.
When we see land as a community
to which we belong, we may begin
to use it with love and respect.”