Below is an article from the Wisconsin Realtors Association on shoreland zoning.  We so many lakes and rivers in south central Wisconsin, I thought it would be important to share.  Keep in mind this is just for the minimum requirements at the state level.  If you currently live on the water you may want to stay in touch with your local county government. Each county in Wisconsin (except Milwaukee County) is required to adopt and enforce shoreland zoning regulations that meet or exceed the state standards.   Here are some of the contacts for you.
Waukesha County
15 W. Moreland Blvd, Rm. 260
Waukesha, Wisconsin 53188
Phone: (262) 896-8300
Fax: (262) 896-8298
http://www.waukeshacounty.gov/page.aspx?SetupMetaId=7820&id=12022
 

Jefferson County
Jefferson County Courthouse
320 S. Main St., Room 201
Jefferson, WI 53549 
(920) 674-7130
Fax (920) 674-7525
http://www.co.jefferson.wi.us/jc/public/jchome.php?page_id=134

 Dane County
Patrick J. Sutter, County Conservationist
1 Fen Oak Court, Room 208
Madison, Wisconsin 53718
phone (608) 224-3730
Fax (608) 224-3745
http://www.countyofdane.com/lwrd/landconservation/

In December, the Wisconsin Department of Natural Resources (DNR) adopted new changes to the state’s shoreland zoning regulations (NR 115).  Counties have until January 1, 2012, to update their local shoreland zoning ordinances to bring them into compliance with these new standards.

These new changes attempt to better protect water quality, wildlife and natural scenic beauty around our water resources by placing stricter standards on new development and construction near our waterways.   Because these new changes could impact a prospective buyer’s ability to improve or expand waterfront property, REALTORS® should familiarize themselves with the changes. 

Background

In 1966, Wisconsin adopted shoreland zoning regulations to control development along lakes and rivers in unincorporated areas and any area annexed or incorporated after 1982.   Generally, these state regulations provide minimum standards for lot sizes, how far structures are set back from the water’s edge, and limits on removing trees and plants near the shoreline.  Each county in Wisconsin (except Milwaukee County) is required to adopt and enforce shoreland zoning regulations that meet or exceed the state standards. 

While many people believe that shoreland zoning regulations apply only to property adjacent to waterways, the regulations actually apply to all land within 1,000 feet of a lake, pond or flowage, and land within 300 feet of a stream or river.   This means that all property within this shoreland zone is subject to the regulations even if the property is separated from the water by land, buildings or  roadways. 

Because the state shoreland regulations had not been updated in over 25 years, the DNR believed it was necessary to modify them due to increased development in shoreland areas and growing complaints about existing standards from both property owners and local governments.   The revision process took over 7 years, with the DNR conducting approximately 30 public hearings and receiving over 50,000 public comments. 

The final version of the regulations contains significant changes to the prior version.  Counties have until January 2012 to update their shoreland zoning ordinances to meet or exceed the new state standards.  Over the next two years, almost every county in the state will be revising their shoreland zoning ordinances.  Accordingly, REALTORS® should work closely with their local counties to make sure the new shoreland zoning ordinances balance the need to protect our natural resources and the rights of property owners. 

The Top 10 Changes to the State Shoreland Zoning Regulations

The revised shoreland zoning regulations contain many new provisions.  Again, it is important to remember that these are only minimum standards and counties have the authority to adopt more restrictive standards if they wish.  Here are the 10 new changes to shoreland zoning that will likely have the biggest impact on property owners and REALTORS®:

1. New impervious surface standards will limit the size of new homes and remodeling projects within 300 feet of the water.

For new construction and existing homes looking to expand within 300 feet of the water, no more than 15% of the lot (within 300 feet of the water) can be covered in impervious surfaces (concrete, black top, footprint of structure, etc.).  This includes roof tops, sidewalks, driveways, patios, and any other surface that will not allow water to infiltrate the ground.  The impervious surface limit is raised to 30% of the lot if the property owner meets mitigation standards established by the county.  (Note:  this provision is triggered only when an existing structure is expanded or replaced.)  Any mitigation measures must be proportional to the amount and impacts of the impervious surface being permitted.

If an existing home exceeds the 15% or 30% impervious surface standards, the home is effectively grandfathered and will not be required to be brought into compliance with the new standards.  In addition, a property owner may reconfigure existing impervious surfaces (e.g., move a sidewalk from the east side to the west side of the house) without performing mitigation.

Example – On a typical 10,000-square-foot lot (65’x154’), no more than 30% of the lot can be covered with impervious surfaces (with mitigation).  This means that only 3,000 square feet of impervious surface is allowed.   If you assume that the average driveway is 200 square feet (25’x8’), this means that you have 2,800 square feet to build a house, garage, driveway, patio and other impervious surfaces.  (Note: a driveway, patio and sidewalk can be pervious if designed using the appropriate materials.  However, these materials can be expensive.)

2.  Unlimited maintenance and repair of ALL nonconforming structures is allowed.

The new regulations eliminate the 50% rule, which limited repairs and expansions of nonconforming structures to 50% of the assessed value of the property during the life of the property.  (A nonconforming structure is a structure that is not in compliance with one or more current zoning regulations (e.g., the seventy-five-foot building set back from the water)).  This is a very important change for property owners who were often prevented from performing routine maintenance or minor expansions under the old regulations.  Under the new regulations, nonconforming structures are allowed to be maintained and repaired without any limits on the amount or value of maintenance and repair work. 

3.  Homes located between 35 feet and 75 feet from the water can be expanded.

The new regulations also allow nonconforming structures located between 35 feet and 75 feet of the ordinary high water mark (OHWM) to be expanded if they meet certain requirements.  If the property owner wants to expand the structure behind a 75-foot setback, the property owner may do so as long as he/she satisfies the impervious surface limit requirements.  In addition, these homes may be expanded vertically (not horizontally) if the following requirements are met:  (a) the vertical expansion is no higher than 35 feet; (b) the expansion is no closer to the water; (c) the expansion does not exceed the 30% impervious surface limit; and (d) the property owner agrees to perform mitigation, as determined by the county.  Also, these homes may be expanded horizontally if: (a) there is not a “compliant building location” (at least 30 feet deep and meets setback requirements) on the property; (b) the expansion is no closer to the water; (c) mitigation requirements are met; and (d) the expansion does not exceed 30% impervious surface limit.

4. Homes located closer than 35 feet from the water cannot be expanded. 

The new rule prohibits any expansion (vertical or horizontal) if the home or structure is located within 35 feet of the water.  By prohibiting any expansion of these structures, the rule effectively requires the house to be torn down and rebuilt behind the setback if the property owner wants to increase the size of the home. 

5. New mitigation requirements are triggered when setback and impervious surface standards are not met. 

Property owners must perform mitigation if they want to exceed the 15 percent impervious surface standard or expand nonconforming structures closer than 75 feet from the water.  (See above.)  All mitigation must be proportional to the anticipated impacts of the project.  Mitigation standards will be established by the counties, but must meet goals established by the DNR including controlling rainfall runoff to the maximum extent practicable.  Mitigation activities may include restoring a natural vegetative buffer along the shoreline, removing an accessory structure near the water, etc.

6.  Mitigation plans must be recorded with the local register of deeds and disclosed. 

Property owners who agree to perform mitigation must record the mitigation plan with the local register of deeds.  This means that the mitigation requirements will run with the land and will be applicable to future property owners as well.  Because the mitigation requirements could impact a prospective buyer’s decision to purchase the property, a seller who has agreed to mitigation should disclose this information to prospective buyers.  To assist in this disclosure effort, the real estate condition report will be amended to include this information. 

7.  New vegetation and removal requirements will create smaller views to water for some larger lots. 

Within 35 feet of the water, vegetation can be selectively removed or pruned only within a designated “view and access corridor.”  Property owners may have a “view and access corridor” equal to 30 feet for every 100 feet of frontage, with a maximum of  200 feet.  The limits on tree removal are very similar to current law, but will be more restrictive for large lots with more than 660 feet of frontage.  (Note: this provision is triggered when nonconforming structures are expanded or when conforming structures are expanded/replaced and the impervious surface standards are exceeded).  Vegetation cannot be removed outside the view access corridor, except in cases where exotic or invasive species need to be removed.  Also, the law does not place any restrictions on vegetation removal further than 35 feet from the water.

8.  Most existing substandard lots are grandfathered. 

The new law grandfathers most existing substandard lots as long as the lots (a) met the lot-size requirements at the time the lots were recorded, and (b) have not been replatted, merged or combined in any way with adjacent lots.  (Note: the lots must still meet all other applicable requirements in the county’s ordinance (e.g., impervious surface standards)).   This is a very important provision because some counties have treated small waterfront lots as unbuildable if the lots do not meet the current lot-size requirements in the existing ordinance. 

9.  A nonconforming structure may be completely replaced or relocated under some circumstances. 

A nonconforming structure may be replaced (torn down and rebuilt), if (a) no other compliant building location is available on the property to build a house of comparable size; (b) the structure is at least 35 feet from the water; (c) the replacement structure is no closer to the water; (d) mitigation requirements are met; and (e) all other requirements in the ordinance are met.

10.  Setbacks may be reduced under certain circumstances.  

The 75-foot setback may be reduced (i.e., buildings can be built closer than 75 feet to the water) if “an existing development pattern exists.”  The new law defines “existing development pattern” as the location of  “existing principle structures within 250 feet of the proposed structure in both directions.”  This is an important provision to protect the views for properties located on developed lakes and rivers, where neighboring houses are already built closer to the water. 

For more information on the new shoreland zoning regulations, please visit the DNR’s website at http://dnr.wi.gov/org/water/wm/dsfm/shore/news.htm  or contact Tom Larson at (608) 240-8254.

Tom Larson is Director of Regulatory and Legislative Affairs for the WRA.

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Are you looking to spruce up your outdoor space this summer. Below are some tricks to help. I am curious, How many people really like to garden? Flowers or vegetables? I just planted my first vegetables garden in over 7 years. I am really excited. What are the plans for your backyard?

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Below is an article to read on Cost vs return on value for certain items in your home.  Kitchens and Baths I think are still the best. But  a  coat of paint and new flooring goes along way. I dont know if I agree with some of the prices listed.  What do you think?

http://www.remodeling.hw.net/2009/costvsvalue/division/east-north-central.aspx

Uncertainty and restraint are the order of the day in this economy, and that sense of caution is reflected in home owners’ return on their investment in remodeling projects, according to REALTORS® in 80 metropolitan markets surveyed by Remodeling magazine for this year’s Cost vs. Value Report.

The majority of the 10 remodeling projects with the best return on investment nationally are a testament to pragmatism. Six of the 10 projects—siding and window replacement using a variety of materials—involve home maintenance that costs less than $14,000.

Two more—adding an attic bedroom or a wood deck—reinforce the notion that boosting the amount of livable space in and around your home will attract buyers who are increasingly looking for more room for their buck. In past years, converting an attic into a bedroom was a project that landed squarely in the middle of the rankings, but this year it leapfrogged over other categories into third place. It’s an admittedly pricey project, with an average national cost of nearly $50,000, but it generates an average national return of 83.1 percent and a better-than-100 percent return on investment, according to REALTORS® in 14 of the 80 cities surveyed. Adding a wood deck is much more economical, with an average national cost of slightly more than $10,000. Its average national return is 80.6 percent, but in six cities, its return is estimated at 100 percent or greater.

The six siding and window home maintenance projects in the top 10, combined with the project with the biggest return on investment—a mid-range entry door replacement—prove something that every sales associate tells sellers throughout the country: First impressions count. A mid-range entry door replacement, a project new to the survey this year, is the only home remodeling project that REALTORS® expect to generate a full return for the money nationally. It’s the least expensive of the 33 projects included in the analysis, yet it brings a whopping average national return on investment of 128.9 percent. It generates a better-than-100 percent return in 48 of the 80 cities, according to REALTORS® surveyed, and in several cities, its return is estimated at more than double its cost.

Additional data prove the value of restraint. Upgrading kitchens and baths is still a smart bet. However, home owners will recoup the greatest share of their costs by foregoing super-deluxe projects in favor of mid-range kitchen and bath remodels. A mid-range kitchen remodel brings an average 72.1 percent return on investment, while an upscale kitchen re-do returns only an average of 63.2 percent of the money invested. A mid-range bathroom project has an average 71 percent cost recovery, but the average recovery on an upscale bathroom project is nearly 10 points lower, at 61.6 percent.

The only upscale projects that cracked the top 10 were the home maintenance projects of fiber-cement siding replacement and vinyl window replacement. The average cost of fiber-cement siding is more than $13,000, but its return on investment reached 83.6 percent, placing it squarely in second place in the survey. The average cost of vinyl window replacement is nearly $14,000, and it generates an average return of 76.5 percent, or tenth place in the survey. Of the 12 upscale projects, nine landed in the bottom half.

Overall, home owners recouped an average of 63.8 percent of their investment in 33 different home improvement projects, according to REALTORS® who responded to the survey. The expected cost recoup was generally down from previous years in line with the drop in home prices nationally (see page 23). The return on home owners’ investment in remodeling projects has declined an average of 3.5 percentage points between 2008 and 2009. That’s down from the 2.7 point drop between 2007 and 2008 and much less than the 5.5 point drop between 2006 and 2007 and the 10.5 point drop from 2005 to 2006.

Zooming in from the national to the city level, Honolulu sits atop the rankings for having the most projects—18—that generate at least a full return on investment. In Honolulu, adding a wood deck, completing a minor kitchen remodel, adding fiber-cement siding, and replacing an entry door bring the highest returns, ranging from 121.1 to 195.3 percent return on investment. San Francisco is closest behind with 10 projects generating at least a full return on investment. Adding a master suite, doing a minor kitchen remodel, and replacing an entry door have the biggest returns, producing between 112.2 and 119.1 percent return on investment.

One surprise: Despite the common perception that contractors are hungry for work and therefore willing to wheel and deal, the average national cost of every project surveyed has gone up, though at a slower rate than in the previous year.

View 2009-10 Cost Vs. Value Report.  Data courtesy of Remodeling Magazine

10 Big-Impact, Low-Cost Remodeling Projects

Working with sellers who have some—but not unlimited—cash for upgrades? Here are budget-minded enhancements you can suggest to make their home stand out.

1. Tidy up kitchen cabinets.

“Potential buyers do open kitchen cabinets and look inside,” says Morrissey. “Home owners can add rollout organizing trays so when buyers peek in, they feel like there’s lots of room for their stuff.”

2. Add or replace tile.

“By retiling very inexpensively, you make a room look way cleaner that it was,” says Javier Zuluaga, owner of Home Repairs and Remodeling LLC in Tempe, Ariz. “Every city has stores that offer $1 to $2 tile, so home owners have to pay only for the low-cost tile and labor to replace a dated backsplash or add a new one. We also use inexpensive tile to upgrade bathrooms.”

3. Add a breakfast bar.

When a wall separates a kitchen from a family room, suggest cutting out an opening to create a breakfast bar. “In one home, there was a cutout in the wall between the kitchen and living room,” explains Matthew Quinn, a sales associate at Quinn’s Realty & Estate Services in Falls Church, Va., who handles estate and real estate sales for family members whose loved ones have passed away. “We left the structure of the cutout, added an oversized granite breakfast bar, and put chairs in front of it. That cost about $600.”

4. Install granite tile instead of a slab.

“Everybody is hot for granite kitchen countertops, but that can be a $5,000 upgrade,” says John Wilder, a general contractor and owner of Fence and Deck Doctor in New Castle, Ind. “Instead, home owners can put in 12-inch granite tiles for about $300 in materials and get very high impact for little money.”

5. Freshen up a bathroom without retiling.

“With a dated bathroom, I recommend putting in a new medicine cabinet for $100 to $150, light fixtures for about $100, a faucet for $50 to $75, and a vanity for $200 to $300,” says Wilder. “And instead of replacing the tile, the existing grout can be lightly scraped and regrouted, which leaves a haze that can be buffed out and will make the tile look brand new. Also install glass shower doors. A French door adds a lot of panache and elegance for $250, and people will notice the door, not the tile. With all that, you’ve done a bathroom remodel for $1,000 to $2,000.”

6. Freshen up the basement.

“If home owners have cement block or poured concrete walls in the basement, suggest they have a contractor fill in cracks with hydraulic cement and then paint with waterproofing paint,” recommends Wilder. “They can then add a top coat to add color. They can also paint the basement floor with a good floor paint, which spiffs it up. The basement may not be finished, but it’s no longer a damp dungeon.”

7. Add a room.

Look for large spaces that can be enclosed to create a new bedroom for just the price of creating a wall. “One time, we closed off a half-wall to an office and added a door to the other side of the room, thus creating another bedroom,” says Quinn. “That $400 procedure, which took a contractor one day, netted about $40,000 in the sales price.” Zuluaga has also added bedrooms inexpensively. “In a two-bedroom house, there was an archway that led to a third room that was used as a den,” he explains. “It had a dry bar where there would have been a closet, so we took out the dry bar and created a closet so the owners had a third bedroom.”

8. Spruce up cabinet fronts.

Suggest home owners update tired-looking kitchen cabinets. Reconditioning is the least expensive move for under $1,000. “If the wood is starting to look shabby from use or contaminants in the air, we take out the nicks and scratches, recondition it with oil, and put new hardware on,” explains Heidi Morrissey, vice president of marketing and sales at Kitchen Tune-Up in Aberdeen, S.D. For $1,500 to $4,000, owners can replace the cabinet doors and drawer fronts, and for $4,000 to $12,000, they can have all the cabinets refaced. “With refacing, owners can change the color of the cabinets by replacing the door and having a new skin put on the boxes,” says Morrissey. “If they have oak cabinets today, they can have cherry the next day.”

9. Replace light fixtures.

“In a foyer and in bathrooms and kitchens,” says Wilder, “replacing overhead light fixtures provides a lot of pop for a little money.” If the kitchen has track lighting, Zuluaga suggests the home owner spend $450 to $600 to have an electrician replace it with recessed canned lights on a dimmer switch to add ambience. For about $700, Zuluaga also suggests installing pendant lights over a kitchen island or peninsula.

10. Tech-up the garage.

“Sometimes we replace the garage door opener with a remote touchpad entry system,” says Zuluaga. “That costs about $425 and makes it look like a high-end system.”

Download a PDF version of these 10 big-impact, low-cost ideas. 

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Spring is here, learn how to prevent water in your basement!

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