12/2/2009 3:33:00 PM Hundreds show up to county zoning hearings Plan recommends stricter rules on building by water in Dane County
Jim Ferolie Unified Newspaper Group
Dane County officials got a bigger response than they had bargained for in a pair of public hearings about a plan to tighten construction rules near area waterways.
After several public discussions along the way, this was essentially the last shot for significant public input before the plan is submitted to the Department of Natural Resources. And with an economically minded opposition group sending out postcards en masse a few days earlier, the two hearings Nov. 17-18 packed curious and concerned property owners in to the Verona Senior Center and the Sun Prairie City Office.
In Verona, more than 200 people filled the chairs, lined the walls and packed shoulder-to-shoulder up to the main entrance to hear county planner Brian Standing's explanation of the Shoreland and Riparian Management Plan's purpose.
At both meetings, Standing explained the ecological benefits of the construction restrictions he and the Lakes and Watershed Commission (LWC) have proposed and made sure the crowd understood that submittal of the plan is not legislation. Any related rules would have to be imposed by the County Board, which would need to hold its own public hearings.
"People were worked up over things that won't take effect for a couple years and won't have as dramatic an effect (as the postcards suggested)," Standing said later.
But the plan's progression to this point - and the knowledge that the county has the power to enforce LWC-proposed rules in cities and villages - have many people concerned that it could harm their property values. It would apply not just to lakes and rivers but streams, ponds and even dry tributaries (depressions that carry water only during storms).
"Make your voice heard!" multiple versions of the postcard, sent all over the county, read. "This regulation will negatively impact your property rights."
On the other side, some cards showed a lakeshore home in a rifle's sight with the words, "Dane County politicians are targeting you!" Others appeared to be written on a bullet-riddled paper and suggested the rules would "shoot down your home's property value."
A much less provocative version showed a finger with a red ribbon saying, "Don't forget ..." and some people reported getting robocalls informing them of the county's plans.
Essentially, the plan recommends extending the existing DNR regulations on construction of subdivisions to any new structures on individual properties, as well as making them more stringent near waters classified by the county as "developing" (such as the Sugar River) or "rural" (such as the Black Earth Creek).
Like NR 115, the DNR's shoreland zoning revision that got initial approval this past summer, it would provide an out for homeowners with a process called "mitigation." By restoring habitat, adding natural vegetation or even changing the color scheme of a house, the owner of a property affected by these rules would be able to earn points toward building or rebuilding structures that don't conform.
The plan originally estimated it would have a potential effect on more than 50,000 properties, but the commission's Web site now says it would make a difference for less than 700. Opponents have seized on that confusing information and demanded an economic impact analysis, which Standing says isn't feasible.
"I'm certainly not happy about the amount of misinformation and misleading statements presented by the Realtors Association," Standing said. "But I'm certainly glad there were a lot of people there and glad they got to hear the facts."
Standing said he got several "constructive comments" during the meetings and noted that many more people showed up to listen than to speak. But he's also been besieged by inquiries at his office over the past week.
"As you can imagine the phone's been ringing off the hook here," he said. "Just tell them to be patient, we're trying to get back to everyone who calls."
LWC coordinator Sue Jones said the commission - which got a presentation of the plan Oct. 8 - will hold a discussion on the public hearings at its Dec. 10 meeting and will go from there. The likelihood is that the plan will be submitted as-is to comply with the DNR grant.
But that doesn't mean it's anywhere near becoming law, Jones said.
"We'll clearly wait until (DNR regulation) NR 115 is passed at the state level to see how those changes might mesh with the plan," she said.
