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r ~ tv 147 U S DEA~TENTOF COMMERCE NOA~ COASTALSEVCQ~R 2234 SOUliH hoOE.O~AFA CHIARLESTON,~ SC290 swimE OSIZON/IX=Gallox PLAINNING ni WISCONSIN: Compi~ance with~ Section 305(b)(9) Federal Requirements, Do~ris- FIscher Geological & Nati~a1 His tory Survy unimersIty of Wizcatsin' for Wisconsin CoDastal ~iamasemen Programs GB 451.2 .F57 1978 148 149 Chapter 305(b) (9) SEOUE ZRQSION/M=7GA.TION PLA14NG PROCESS Tale of. Contents Page, No. pref ace. . . ...... . ...... .. .. ...****. ~~ . ,.*. , 1 Itcoduc'tion...... ** ..* *.. ....... . . ... ... 1.5. 1'. The P~aming Process, In Brie...... 1 ..... 1.5.. II. The planning, Ptoess, n Detail.: Its Components and Its Campliance ...... 155 A. Sorelne Dta Gthering' 344y B. Investigation~ oaf Strtctural and Noustructural AtematIves.. .... 160 C. Deve1opme of a- Framework, fd~~~ Act.......... . *. . *. *.**...... 6 D. Assessment of Technical and Financial Aasix-tance Sources. .............168 E. Coordination of - rc2, Reaipua1., an4 State Shore. Damage Mtigation Policies and p rogs .17................. 12 III. Wisr-co.s-ts Compliance, In Swiry, ... ........ 174 7P. ooot..17.6 150 PRIZACE In Section 305'(b)(9), Coastal Zone.Management Act Amendments of 1976, Congress- issued the following directive: "The management program for each coastal state shall include ... a planning process for (A) assessing. the effects of shoreline erosion (however caused), and (B) studying and evalua:ting. ways to control, or lessen the impact of, such erosion, and to restore areas ad- versely affected by such erosion.," Five specific guidelines accompany the Section 305(b) (9) mandate. They identify those elements which must be included in the shoreline erosion/mitigation planning process of each state seeking coastal funds. They are listed below: "I. A method for assessing the-effects of shoreline erosioan; 2. Articulation of State policies pertaining to erosion, in- cluding policies regarding- preferences for non-structural, structural and/or no contolts-; 3.. kA method for designation of' areas for erosion control, miti- gation and/or restoration as areas of particular-concern or areas for preservation and restoration, if appropriate;. 4. Procedures for managing the effects of erosion, including- non- stuctural, procedures; and 5. An identification of legal authorities, funding-pro:grams and other techniques that can be used to meet management needs." (923.26a Federal Reister, Vol., 43, No. 41) This paper documents Wisconsin's complan-ce with the federal require- ments cited above., and its five accompanying guidelines:. The text outlines the shore erosion/mitigation planning process Wisconsin has developed over the past three years and highlights those particular activities, whether completed, ongoing, or scheduled:, which address the five specific guidelines. Points of compliance with these guidelines are identified throughout the paper. They are summarized on page 176 in tabular form, .. . 3. WISCONSIN'S SEO EROSION/ITGATION ANING PROCSS Introduction Shore erosion has long been: recognize a.anatural hazard endangering, coastal resources, structures, and land. uses in Wisconsin. Shore erosion agents attack the coastal bluffs and beaches of Lakes Michigan and Superior on a year-round basis. Yet, it is during heavy storms and. bigh-water periods that the effect of- erosive processes is most acute, and public awareness highest. No greater threat has been imposed upon:Wisconstn's shoreliun in recent decades, than the particularly severe erosion which occurred during the. 1950-52 and 1972-74 high-water periods. Over the course of each period, shore propertles suffered. damage- and loss esti=ated in the millions of dollars;l wildlife habitats, sientific areas, and recreational op- portunities were also; adversely affctied. In recognition of persisting bazard. conditions, many laoca governments and, coastal propert: pwners constructd shore protecttn structures of varios types. Sme devices proved effective, but most did not. As a. result, laceshore residents and public officials grew frustrated in their attempts to reduce shore erosion damages. At the same time, they felt increasing pressures to develop their coastal environment more extensively. A need to assess the issues of shore erosion in, the contexct of overall coastal land use was becoming apparent. By 1974, shore erosion was the #1 concern of Wisconsin shore residents. In view of its commitment t:o fostering compatible shoreland activities, Wisconsin's Coastal Management Program became the appropriate coordinator of shore erosion/mitigation planning efforts in the state. Since 1975, the Program has; been building "in-house" state and local capabilities to address erosion-related problems-. Such a focus has maint-naied V-iscoasin's tradition of inter-governmental cooperation. It has also guided the evolution of a shore erosion/mitigation planning process. The Planning Process. In Brief Formulation of the: Study Plan llustrated- in Figure 1 represented Wisconsin's first major step in addressing the problems posed by its eroding shoreline. Shore erosion planning in the state was initially directed towards the development of a substantial coastal data base and a subsequent set of options for reducing shore damages in. a manner compatible with existing land uses and environmental conditions. Information-gathering activities were coordinated by the Shore Erosion Policy Group (now, Shore Erosiou Advisory Committee), a teanica committee created to guide Wisconsin's overall planning efforts.3 The- question of how to translate data:..nto action quickly arose, amongst coastal researchers, advisors, and citizens alike. With it came a fuller recognition of the complexity of the shore erosion issue. From it evolved a more comprehensive planning process. ~~~~~~~~~~~~~~~~~~~~~~197 Shore~umege I RECESSION MEASUREMENT STUDY Beech Erosion atodles Carps ol nIner INDEXO NEDCLY N~~pION RELATED I . ~PROJECT PROGRAMS ~~~~~~~~~~~~~~FIL SURVEY' COASTAL EROSIN hvInStde lnEPTCION O RSO IJIDUOGIIAPIIY I I ~STNIJCTURES ShrIImlr ANALYSIS I LERNATV sIShOE EROSION PtL tubm A~~~LTERNATives Fudn C OFSA MGR SURVEY OF- EROSION ~OASIVAI)LE IMAG~sCosE R Y j PRODLEM AREAS Erbslo" Stiodles ANALYISN OF. ADDITIONAL DAT PROTECTIVE STRUCTURE NESl~ gFOR I DELINEATION OF ~~~~~ALTERNATIVES j ENGINEEIIING STUDIES MAP. & CART Mkhlnn ShoreEROSION PROBLEM INDEX DmnlaflAESSOEPOETO MONITORINGm IDELINEATION OF R~~~~Elae ol ROSION REACHESII POGA ISTUDY PLAN' IRELATso PrtOGRAMSI .ANALYTUL!D1ESI INVENTORY I ~~INFORMATION STUDIESI PLANNING-EVALUATION-SELECT11 -om ~W.1aoosin Shoro Eriosion' Study Plan goiuio 811dhre Er~ositfl A S~tudy Plan. 153 Wisconsin has broadened its shore erosion planning focus to include five principal components. In Table 1, these components have been stated in terms. of needs - that is., what has Wisconsin needed to know and do in order to move towards the goal of shore damage reduction? Such needs are being addressedin a- five-stage planing, process, also sum-arized in Table 1. By 1974, it was well-raecgnized that erosion of bluffs and beaches was occurring more rapidly in some areas along Wisconsin's coast than others. It had also become evident that where land use was most in- tensive, shore damages were highest-. But the shore erosio-related information available in the State was insufficient as- a basis for identifying appropriate hazard mitigation measures. Wisconsin needed to know more about the shore erosion process; itself, more about its vulnerable shoreline, and more about the range of feasible solutions which might be successfully applied to problem areas. Initial planning emphasis: thus, was on (1) gathering shoreline data and (2) investigating those structural and nonstructural measures which could reduce the damaging effects of erosive forces upon shore properties or facilities. Although such information regarding shore: erosion problems and potential solutions is proving an invaluable resource, Wisconsin state and local decision-makars have needed additional support in order to select, establish, and maintain effective shore damage reduction programs. Subsequently, attention has turned to (3) developing a framework for action, whether it be collectively or individually undertaken. This framework is based upon the translation of existing state and local shore erosion-related policies into guidelines and the application of these guidelines to a generalized planning process for shore damage reduction programs. Shore erosion/mitigation planning efforts are also currently focused on expanding the existing body of coastal d-at and (4) examining: the array of available technical and financial assistance sources. Future planngn- emphasis is directed towards (5) coordinat ing public and private sector shore damage reduction activities and refining them, such' that they enhance the overall future of Wisconsi.' s coastal area. To this end, the planning process- will be strengthened by the ongoing assessment of shoreline conditions, the articulatio and. implementation of further state and local policies - of a regulatory and incentive nature - and- the clarification of agency and government: roles and responsibilities. Wisconsin's: need to make. its shore damage mitigation efforts as efficient and effective as- possibletwll therefore be ad- dressed. Table 1. Wisconsin Moves Toward Shore Damage Reduction: 1975 - 1978 and Beyond. State and Local A Planning Process 19175 1976 977 1978 MaJor Planning Activities Needs to Address Needs 1. Need to evaluate A. Shoreline data 1. Geotechnical studies. extent and nature gathering and 2. Shoreline damage survey. of shore erosion analysis. 3. Priority ranking of criti- in Wisconsin's X X X X cal reaches. coastal area. 4. Delineation of erosion hiazard districts. 2. Need to know B. investigation of 1. Evaluation of structural what can be Structural and solutions. done to reduce Non structural 2. Evaluation of nonstruc- shore damage. Alternatives. tural solutions. X X X 3. Evaluation of compen- sation avenues. 1. Analysis of state and local 3. Need to know C. Development of erosion-related policies. how to select a Framework for 2. Translation of policies damage reduction Action. into guidelines and imple- option(s), then X mentation strategies. how to proceed. 3. Development of decision making process. 4. Need to tap D, Assessment of 1. Identification of exis- available Technical ting aid programs. sources of and Financial X X 2. Compensation study. assistance. Assistance Sources. 5. Need to make E. Coordination 1. Clarified agency and shore damage of state and government roles and reduction local shore X responsibilities. programs as damage re- 2. Coastal Management effective as duction poli- Council leadership. possible. tces and 3. Great Lakes shore programs. erosion information and assistance program. The PIanning- Process, In Derail: Its- omnens and Its Comvliance Wiscousin's shore erosion/mintigatio planning process ca=n be further characterized by the: researc aal anad anilstrtaveactvci.ies,- of its five principal components (A-E). The following pages discuss these activities, list the erosion-related documents produced thus far (Appendices A-E), and highlight the compliance of such. efforts with the federal requirements- (F1-5).. A. Shorealine data- gathering and a:ysis. During 1975 and 1976, shoreline surveys of various types were under- taken. Inventories of natural areas, fish and wldli.fe habitats, and historic sites provided information reagarding some valuable resources of Wisconsin's coas-tal area. Patterns of shoreland use, ownership, and zoning were also identified. Aerial photographs of Lake. Mlchigan and Lake Superior shores were acquired from several regional, stae-,- and. federaI agencies, and from actual flights- along the Wisconsin coast. The photos enabled coastal researchers to observe the condition of ~exsting shore protection structures, and to locate them on shoreline base maps. They served as -wel to identify those sites (1) where slumps, slides, and seepages gave evidence of the erosive effects of gravity, winds, and waves upon coastal bluffs, and (2) where Lirtoral drift processes had either carved amay or supplemented beach areas, often adjacent to shore protection structures.. The imager; files also provided the data base needed to undertake a shore recession measurement study. Short term rates for the Lake Michigan shore were calculate& and then mapped along with older, long-term measurements.5 Estmationss of bluff heights and beach widths were made from U.S. topographical maps, and the information was added to the shoreline base maps. Perceptions of coastal residents regarding the shore erosion issue were obtained during three regional workshops. Citizens identified the areas of severe erosion with which they were: f liar and thereby con- tributed to the ultimate determination of which shores waere eroding at a critical rate. In addition, pilot study findings of a- larger Great Lakes Shoreline Damage Survey revealed the extent and location of land and property losses which occurred during 1972-74 in three of Wisconsin's coastal counties.6 The acquisition and analysis of basic shoreline data began wit-h the identification and designation of reaches along the Great Lakes shoreline Figures 2a and 2b locate: these reaches along Lakes Michigan and Superior respectively. in the case of Lake Michigan, erosion prone reaches were ranked according to their overall hazards. Figure 2a lists these reaches with priorities from the most to the lease- severe. This listing provided the basis for an extensive geotechnical study on the Lake Michigan coastline during the summer of 1976. Field investigations were most thorough where shore erosion nosed a formidable threat to coastal residences, buildings and public facilities. Detailed descriptions of 126 migias of coastline were made. FITJ Ua: LA ICEGAN IMAMS: TL CATI,. AMD TMR1 PRIORI1 AS ERSI PRBI~d APEs- LIST OF LAKE MICHM~AN, REACHIES BY PRIORITY STATE OF' Gri'd Miles WISCONSIN M-s *P~riority. Reach Cumulative Total s Shoreline. 3 615-7 * 6 10 27.7 7 13 32.9 S. 188 37.9 9, 3 43.9. - 10 5 . 46.95 cou~r ~ n 11 85-2.7 12 16 55.7 * 13 17 59.2, '1 ~~~ ~~~14 14. 6-0.2 M170nwoc. 24s:- 15 15, 63.7 Z~7-28-29-30 i s 27' 6.7.2 -17 ~24. 70.7 is 18 A M72. 18-19-20~~~~ ~ I 19 74.9. SHEEOYCIAN 212-220 Zs 80.8 Zi2 29 83.1. 22 *22 85..5~ 23- 23 -90.0 OZAMEE 111-324 18C 93.0 1,4-15-16w-17 2 19. 27 30 104.1 ~~flLW~~fl~E 7-&-9-10 ~~28 2 107.1 29 4 110.4 30' 28 116.0a 4-3--6 ~~31 20 119.0 ~~0S'HA 123 ~~~~~~~~32 9 12. Source-: Short Erosion Stud7 Technical Remort 1.57 FIGUR 2b,: TAKE SIDERORI RRAMSI The effects of erosion upon unprotected, somewhat protected and; well- armored shores were noted. Availability of such data led to- the. development of a shore protection structure inventory-. It also suprported subsequent plannng- efforts- by WiSconsin to identify feasible structural. and non- structural solutions which might effectively be- ajpplied to its erodible shores. It has suggested new avenues for coastal conditions at selected sites, the need to make smilar geotechnIcal inves-tigations of Lake Superior's shore and the need to" delineate erosion hazard areas and specify, their appropriate use(s).. In light of these- fndings, a "Geotechnical study for the Lake Superior' shoreline" was given a high priority and ultimately funded u:der a Section 306 grant-. By January 1979', both Lakes Michigan and. Superior will have comparable geotechnical information available. The WCP will follow-up and coordinate activities on the other two needs in the next two years. On the basis of its shoreline data gathering activities. -- those com- pleted, ongoing:, and plan ed --Wiscons'in-ha--fully comptlired with Federal Requirement #1, that "...a method for- assessing the effects of shoreline erosion..." be developed. During its initial planning period, Wisconsin acquired, organized:, and mapped much of the shoreline data necessary. to evaluate the major effects of shore erosion upon its Great Lakes coast. Clearly, land is being lost at a variable- rate; buildings, public utilities, and recreational facilities are endangered; and natural areas and habitats are threatened.: The State has- also been assembling its shore property damage estimates, its shore protection structure evaluations, its shoreline recession measurements, and its- bluff stability calculations in order to clarify .the .cause-and-effect relationships contained in the shore erosion process. Although land losses during major storm attacks have proven the most costly of shore erosion effects, Wisconsin's attention to the shore erosion issue remains comprehensive in scope-; that. is, all. aspects of the shore erosion process and all effects are being considered. Extensive property and structure damage during severe coastal storms rep-resent only one form of shore erosion. Bluff slides and slumps, and gradual composition changes and recession of coastal bluffs and beaches are associated with the more cyclic and year-round types of erosion. In addition, the erosive effects of lake level regulation,. shore armorment placement, and upland. management practices are becoming distinguished. As Wisconsin pieces together the puzzle of its coastal erosion history and current situation, the benefits of updating information and elabor- ating upon methodology in the future have become apparent. Yet, as indicated above, the recent- shoreline research has already proven useful in several specific instances. More generally, it has heightened Wisconsin's own understanding of the nature and extent of its shore erosion problem. It has- also provided a benchmark from which the state and local governments can establish procedures for obtaining shoreline data on an ongoing basis. Finally, the question of how Wisconsin's shore erosion-related policies and programs might be strengthened has been raised - a direct result of the new, often disturbing, coastal research findings. Appendix L., (Asterisk,(* denotes- project received funding support from the Wis cosin Coastal .1anagement Pro gram.) * Coastal Water Quality7. Ins5- *Inventor`7 at coastal. Image~ry.. 1975 *An Analysis of the, Taternattonal Great Lakes 'Levels Board, ReD.ort. on- Reeulation of Great Lake~s Water Levels., 19,76 -Sumarry Report. -Shore, Property and Recreation. - Wetlands, Fisheries and Water Quality-. - 7ustitutious. *Fish. and Wildlife Habitat~. Great Lake-s. .19,76. ,Great Lakes Shreliue Dama~zel SUve vBrwn. Douz~as and Racine Counties, W'isconsin. Appendix T.Z 1976 Natural Area lInventorv'. Coastal, Zone., Wisconsin., 1976. *Ordinary Eigh Watermark D~eterminamtions on Wisconsin' s Great Lakes. 1976. * Prall.idnary Ristoric structures Surve-T. Wisconsin' s Great Lakes Counties.1976-. * Shore Erosion A A ib iazranhy. 1976. * Shore. Erosion -Al Studly Fizz. 1976. *D~elineating Great Lakes~ Shorelines. 1977., * "Shoreline Erosion and Bluff Stability Along take Michigan and Lake Superior Shorelines of Wisconsin,#" Sbore- Erosion Study7 Technical Renort. 1977. * Tecnica Ranrt Aoendces.1977. Shorelamd~ Uisew in Wisconsinm. 19,77. * Wisconsin COAsta Atlas. 1977. B. Investigation of structural and nonstructural alternatives. Independent shore protection efforts by coastal citizens and: local governments often result in the haphazard application of controls to what research and field study have now revealed as a s.stem of shore erosion causes and. effect. The ;beefits.~of.s;-stematiclly , and cooperatively, undertaking shore damage reduction activities have become: apparent. In order to foster such coordination, however, Wisconsin first needed to evaluate the set of alternative solutions. It began to identify those options which might alleviate the erosion hazard con- ditions along the shoreline. Specifically,: it investigated the costs and effectiveness of structural protection and the legal and administra- tive provisions for nonstructural measures. The range of structural solutions was examned by a Wisconsin engineering firm, together, with coastal planners of the state. Initially, investi- gations focused upon the coastal processes and their interactions with current.methods of beach: accretion, shore armorment, and bluff stabili- zation. Analyses of exfsting shore protection works were performed at nine priority locations- along? the Wisconsin=.coast. The, structural devices which had been applied to these nine erosion hazard situations were assessed for their condition and performance. Such site - specific studies provided valuable information regarding what shore protection structures were and weren' t "working" under varied geomorphologic con- ditions. The logical ne=t step was to develop guidelines for the selection of structural designs. Again, nine sites -- considered representative of' Wisconsin's major shoreline types - were chosen for analysis:. Temporary, intermediate, and long-term life solutions were developed for each site; 7 costs of the various structural devices were. calculated. Such efforts confirmed Wisconsin's experience, historically, that structural protection is a costly means of addressing the problems posed by' shore erosion; they also demonstrated the variation in life effectiveness of. the design alternatives.- Parallel to the study of shore protection structures was an examination of nonstructural options available to citizens and governments along Wisconsin's coastline. Vegetation and upland management practices gained consideration as viable alternatives to an exclusively structural armoring of the Great Lakes shore. Existing county land use controls were identified and assessed for their degree of influence over Great Lakes shore. development pressures. Shoreland zoning regulations were found particularly applicable to the issue of reducing safety hazards and property damages along the coast. The value of an erosion hazard warning system was also, identified. In addition, a study of erosion-, related compensation sources examined the extent to which relocation of buildings away from eroding shores; and public or private acquisition of coastal areas might represent feasible options. A maj or highlight of the 1"alternatives" research discussed above is the distinction between remedial. and preventive approaches to soedmg reduction. Structural procedureslwould typify-the first Strategy, while nonstxuctural. solutions. would.. characterize. the second., These two per- spectives are reflected, in Wisconsin., by, different polities: and prac--- tices. Their combined and coordinated, thrust, however, holds promise of more effective shore erosion~ mitigation measures: beingl undertaken by state and lcale units of government: andibly private, citizens. Wisconsin's attention to identifying and, developing, further "',procedures for managing the effects; of, erosion including nonstructural procedures", is ongoing. The arrayr of existing: sbor& damage reduction alternati~vesr has been studied ,at great length. Establishment of clear-gaidelines u~pon which: to bass selection of one or more, solutions- will be receiving extensive consideration over the next several months. Compliance with Federal Requirement #4 is certainly underqay. *Caoabilitias~ of Coirnt-7 Land Re-_ulation Programs~ in the Wisconsin Coastal. Area. 1976. * Addressinlx Coastal Erosion Through Flood Plain Zoniag - Zs It Feasible in Wisconsin? - 1977. Unpublished. * Bluff Eros ion Control Under Wisconsin Shoreland Zoning Provisions. 1977. TUpublished:. * Great Lakes Share Erosion Protection - A Goeneral Review with Case Studies. 1-9-77. *Some Non-structural Alternatives for the- Reduction of Shore Dama-ge. 1977.. * Feasibility of Commensation for Man-induced Shore~ Erosion. 1978. - Sumary ReportL. - Legal and A-4ministrative Opt-ions for Compensation. - Relation of H~uman, Activities, to Shore~ Erosion. * Great Lakes Shorle Erosion~ Protection -Structural Deslzn E-amles. 1978. C. Development of a framework for action. While Wisconsin's shoraline conditions and options for site-specific, shore, damage reduction- eorts- undergo cont ianued .a=ssessment-, the. quest- Xtion of how overall shore damage reduction can actually be: achieved has become more pressing. With coastal data now more available and alternative. solutions clarified, guidelines regarding- program- selection and implementation hav become necessary. The third component of Wisconsin's shore erosion/mitigation plannin- process is the development of a framework for action at both the state and local levels. Principles upon which the framework is based derive fr=m nt:erpretations not only of recent shoreline studles, but also existing shore erosion-related state and local policies and programs. Research findings have been discussed in the previous sections. The state policies and authorities stated below reveal the state's ability to control activities; which may cause, exacerbate or be damaged by shoreline erosion. Xany of these techniques- provide a- method for-state control along incorporated as well as unincorporated shoreline to reduce property loss, shoreline debris, degradation: of water quality through increased sediment loading and degradation off the shore's aesthetic and active recreational value resulting from coastal erosion and flooding. Furthermore these state policies and standards- provide the mimi--nm criteria. for county and local municipality action. With the increasing amount of technical data, each governmental actor is better able to apply these standards. It is the state's policy to mitigate risks to public health and- safety and risks of property damage in areas subject to natural hazards by: a. Providing that all development in areas subject to serious flooding will not materially alter the natural capacity of the. lake or river so that the magnitude, of floods will be intensi- fied, or expose citizens to hazards or cause future public expend- itures for flood. disaster relief. b. Regulating earth moving, devegetation, and construction activi- ties now reviewed by state agencies so as not to accelerate the rate of shoreline erosion or bluff recession. (Coastal Policy #3.0) Counties, cities and villages shall adopt reasonable and effective flood plain ordinances for those parts of their jurisdiction subject to serious flood damage. These ordinances shall provide that no buildings be con- structed in floodways and that inconsistent development be prohibited in flood plains. (Coastal Policy- #3.1; Wis. Stats. Section 87.30 and Wis. Admn:. Code IMR 116) State statutes require localities to adopt flood plain zoning ordinances, meeting state standards, for those parts of their jurisdictions where serious flood damage may occur. if localities do nor adopt reasonable and effective ordinances, the DNR is required to adopt an ordinance for the jurisdict/on:. Also, the availability of federal flood insurance is tied to the existence of adequate- local flood plain regulation. 163 The. placement or maintenance of any structure, fill, or development in violation of a flood plain zoning ordi- -nance is declared to be a public nuisance and. ma be enjoined or abated at sui of any- municipatry, the state, or any- ciizen of the state. Solid waste disposal sites: and.facilties are prohibited within areas tunder the jurisdiction oft flood plain zoning regulation,- unless they are: licensed by- the DNR. This activity is su' ea.-.to the management program because of its potential for reduction of effective flood flow capacity that could cause increased :damage to coastal resources: durin a flood. Within unincorporated areas a setback of 75 ft. from the ordinary high water mark :shall be required, unless an exstng development pattern exists. (Coastal Policy #3.2; Wis. Stats. Sections 59.971 and 144!.26, and Wis. Admi. Code IR 115) Each: coun is required by state law to regulate- the use of shorelands in unincorporated areas. DM mnim;-n- standards require the ordinances to protect: human ealth, aquatic. life; and natural beauty aid contro-l land uses. If county- ordinances are found to be inadequate, the DNX can adopt, an ordinance for the county. (Note: All rele- vant coastal, counties have DNR approved shoreland zoning ordinances.) Shoreland use is sub:ect to management con- trol because of potential impacts of various actvities in these largely undeveloped areas on coastal water quality, fish spawaing areas, fish and aquatic life and the natural beauty of the land and water resources. Further description of this. law is found the FEIS pages 184-186. Solid waste disposal sites and facilaties are prohibited in floodplains and within the Jurisdiction of shoreland regulations, i.e. within 300 feet of navigable streams and 1000. feet of lakes, ponds, and flowages in unncor- porated areas. (Coastal Policy #3.3; Wis. Stats. Sectio:: 144.045 and Wis. Admin. Code AM 115) All new subdivison. plats, buildings, structures, roads, sanitary or other facilities which are reviewed by state agencies and which are in existing and potential flood hazard areas shall be prevented from expaosing citizens to unnecessary hazards or cause future public expenditures for flood disas- ter relief. (Coastal Policy #3.4; Governor's Executive Order: No. 67) These subdivisions must: be approved by several state agencies, as well as by localities w-th subdivision ordinances. The DLAD reviews, and must approve, plats for compliance with surveying, layout (including mandatory public access requirements for plats abutting navigable waters), and engineering requirements. The: DOT reiews, and must approve, plats abutting statea highways for com- pliance with safety requirements. The DHSS reviews, and mst: approve, unsewvred. plats for comoliane: with lot size, elevation, and soil percolation: requirments. The DIM reviews plats within 500 feet of navigable waters for oravention of pollution to waters. It should be noted, that subdivisions creating fewer or smaller lots are frequently, subject to local review and approval. This activity is included within the coastal. management program because of the potential. environmental impact of subdivi- sion. construction, increased generation of sewage on coastal waters, th:e potntial increased demad for- public access to.coastal recreationrl resources, and a concern for orderly developmen: It is unlawful to deposit any material or to: place any structure in naviga- ble waters without a permit. Bip rap or other similar material for protecting strea banks or lake shore from erosion shall not materiall7 impair naviga- tion or damage fish and game habitat. (Coastal Policy #33.5; Wis. Stats. Section 30.12(1) and 30.12(2)(b)) This activ.ty requires a. D permit: unless the material is deposited behind a lawfully established bulkhead line. Permits are issued after DIR inspections and a finding that the activity will not "materialy impair navigation or be detrimental to the public interest."' - There is. a limited exceptionl to the state permitting program for solely fed- eral projects. Bulkhd lines. are established by munici- pal ordinance and mst: be "in the public nterst and be. approved by the DNR. Depositing materials in navigable coastal waters is inctuded in the program because of the potential obstruction of: navigation, reduction of effec- tive flood flow capacity in streams, harmful effect: n fish and game habitat, and pollution of a resource; held in trust by the state. Enlarging the course of a Great Lake or other navigable coastal water shall not injure public rights or interests, cause environmental pollu- tion, or materially injure riparian rights. (Coastal managed use ~!.c.; Wis. Stats. Secoton 30.19-(1)) Constructing an artificial waterway within 500 feet of i- Great Lake. or- other navigable coastal water shall not injure public rights or interests, cause envirtomental pollution, or materially- injure riparian rights. (Coastal managed use #l.d.; Wis. Stats. Section 30.19() (a)) Connecting an artificial waterway to a Great Lake or other- navigable-coastal water shall not injure public rights or interests, cause environmental pollution, or mat:erially injure riparian rights. (Coastal managed use #l.d.; Wis. SEats. Section 30.19(1)(b)). Engaging in these three activities- requires a permit from the DNR. The permits are issued if the DITR finds the project will pot- injure public rights or interests, cause environmental pollution, or materially injure rip- arian rights. Enlarging a navigable waterway and con- structing or connecting artificial waterways are included in the program because of the potential to destroy fish and game habitat, affect navigation, and alter the quality of a resource for which the state is a trustee. No person may throw or deposit any refuse- or solid wastes, including stone,. sand, slabs, decayed wood,. in the waters of, the state. Also any substance deleterious to fish and aquatic life- can only be deposited in accordance with plans approved by the: DENM. (Coastal managed use ,l.i. .Wis. Stats. Section 29.29 (3)) . State law makes it unlaful to plac any refuse or solid wastes in the waters of the. states. Also:. any substance deleterious to fish or aquatic liffe can: o.ly be deposited- in accordance with pans approved, by the DIR. TLs. acti- vity is subject to the state management program because- of: detrimental effects on. fish and game habitat, effect on the suitability of a public resource for recreational purposes, and alteration of the quality of a resource held in trust by the state. Grading or removing top soil which disturbs 10,000 square, feet or more of the banks of the Great. Lakes or other navigable coastal water s.ll anot in- jure public rights or interests, cause environmental pollution, or material- ly injure public rights. (Coastal managed use #2.a; Wis. Stats. Sections 30.19 (l) (c) and 144.3, (9)). This activiy: requires a permit from the- DNR. Permits are issued if the project does not injure public rights or interests, cause environmental pollution, or materially injure public rights. Removing top soil or grading is included in the management program because of the poential detrimental impact af this activity on: fish and game habitat:,. access to a public resource, and quality of coastal waters. Largely through the efforts of the Coastal Management Program, there has been a growing realiztion- that: too- many instCtutional gaps and erosion strateg inconsistencies still eis1 t in Wisconsin, e.g:. incorporated areas are not covered by shoreland zoing although many m cipalities have ordin- ances which are the functional equivalent, several plaig and resource management laws area not fully sensitive to erosion issues, traditional reliance on structural devices has limited the options considered and limi- ted financial resources and technical assistance have.' lead to an uneven pattern of enforcement:. While few changes: have been directly sought to date, a major thrust is the fall 1978-winter 1979 consideration of the Wisconsin Erosion Plan. This document will serve as the driving force for Wisconsin's new action frame- work. Over the next two years the Wisconsin Coastal Management Council - will !mplement the strategies adopted by endorsing, advocating and coordin- ating the needed series- of refinements and adjustments to state policies and authorities. Policy issues include beacha nourishmen.t, lake bed grants and nonstructural alternatives. Technical inclusions in the shoreland zoning provisions and other law will facilitate adoption of local damage reduction programs along the Great Lakes shoreline. Heavy emphasis will be given to preventive, not structural, approaches to damage reduction. New sources of financial and technical assistance will be sought. To help, ensure that all revisions- and adjustments made by both local and state units of government are compatible and consistent, a series of guidelines and principles for damage reduction is included in the state Erosion Plan. Figure 3 conutains the lis.t of. principles;. and guidelines. being considered. In Wisconsin, local governments have traditionally been responsible for most land use decision-waking along the Great Lakes shoreitne. The state's role has been generally l4imted to providing minimum standards and special requirements for issues dealing with environmental quality, resource manage- ment and uses of land which are of statewide significance including flood plains, shoreland areas, energy facility sites, major recreational values, and navigational obstructions. Any efforts aimed at refining or adjusting Wisconsin's institutional framework on shore erosion must be sensitive to this state/local partnership. In addition, over the coming years a parallel series of actions will be pursued at the local level. Foremost among these is adoption of damage reduction programs at the community, county and/or regional levels. The high priority given= damage reduction and use of the erosion guidelines and principles will lead to more consistent' and- effective actions along reaches. The TICMP has identified a process by which local, governments and groups of property owners by reach can prepare, implement and refine a damage reduction program. A flow diagram oi' the suggested process is contained in Figure 4. The WCP will assist lonal and state agencies to identify hazard areas and develop or implement management programs for them through the. designation of geographic areas of management concern (GAiCs). Wisconsin will continue to redefine its positions with regard to the numerous aspects of the shore erosion issue. The WCIP has lead this effort with public education and re- search on the dangers associated with these hazards. The W'MP has provided technical and lay-orientedanalyses and recommendations for structural and nonstructural alternatives' to alleviate erosion impacts. Additional efforts to develop and adopt damage reduction programs by reach- will provide pro- tection to erosion hazard areas. 167 Figure 3. rinciples and Guidelines for the Development of Shore Erosions Damage Reduction Program- in Wisconsin 1. Shore erosion is a comple=, natural process whIch is difficult, if not impossible, to totally arrest. 2. The planning: and implementation of long term damage reduction solutions must begin prior to . the presence of high water and -emergency per/ods. Erosion hazards and damages cannot be efficie-tly and effect vely elfminateed du-ng, these periods. 3. Shore erosion damages and hazaxds can be more effectively and efficiently reduced with cooperative and comprehensive planning by geologic reach Between local governments, state agencies, and coastal property owners. 4. Before initiating protective actions along the Great Lakes shoreline, the causes of erosion must be carefully identified, and -controlled, in the beach, toe, bluff, and upland zones. 5. Structural solutions must be cautiously used and- placed since many are not only costly and short-lUved but, they can also create adverse impacts upon neigoring properies. 6. Land management or noustructural approaches to shore erosion-related problems offer a viable and effective means for reducin.tdamages and hazards over a long perod of time. Greater priority must be given to these approaches in Visconsin. 7. The value and use of a site and its buildings, both existing and projected, should be key determinants -in dentiying appropriate types of solutions, and levels of public and prvate investment. 8. Hazard zones or dstricts should be precisely ifdentfied and incorporated into land use plans and ordinances along Wisconsin's Great Lakes shoreline. Along undeveloped portions of: the shoreline, every attempt should be made to avoid the placement of buildings and facilities- in these zones or dist-ricts. 9. All individuals, agencies, and governments acquiring an interest in land along the shoreline should. be cognizant of erosion hazards and any special siting requirements in advance of final transactions. 10. Where public ftmds are utilized to reduce damages or save coastal resources on private property, the public benefits should be camensurate with the costs. 1I. The multiple-use potentials of structural and nonstructural solutions should be. utilized in the design and implementation. of damage reduction programs wherever possible. Shore damage reduction is compatible with public access, recreational opportunities, conservation, preservation, and aesthetics. 12. Shore erosion damage reduction programs should be prepared, implemented, and enforced by those governments and agencies legally responsible for shoreline planning and management. Supportive programs and efforts should seek to provide direct information, assistance, and resources to these a-ancies and governments. Source: A Shore Erosion Plan for Wisconsin: Aporasalo of Ontions and S:trategies. F~~gure 4 ~~~GENERALIZED PLANIN PROCESS FOR DMAGERDCINPORM Storm Events Existing Initiation of High Water Damages -Policies and Detaifled Studios LawsandPrograms guidelines NEED FOR APPRAISAL OF COMPREHENSIVE SETTING DAMAGE OPTIONS AND EVUAINO REDUCTION STRATEGIES ' ALTERNATIVES (PROLEM RECOGNITION) (PROGRAM FORMULATION) (POROGRAM DESIGN) pub]lic -....Input and Support SHORELINE ~~~INSTITUTING OF FINAL SELECTION MONITORING~ STRUCTURAL AND~ FOPIN SOLUTIONS (PROGRAM EAUTO) : (PROGRAM IMP'LEMENTATION) (PROGRAM ADOPTION) Stoi'h Events kesource High Water Damages Mblzto Changing Laws and Programs Source: A Shore Erosion Pktfa scnain'" Appraisal of OptiosadSrei5 D.. Assessment of technical and financial assistance sources. If state and local. capabilities to address the issue of shore erosion in Wisconsin are to be fully developed:, the channels for technical and financial aid must be identified and. their accessibity7insured. Wisconsin's shore erosion/mitigation planning efforts include attention to this aspect of s'horeland management. Tables 2 and 3 s..marize the federal and state programs which currently provide, or potentially could provide, assistance to Wisconsin goverm=ents and private citizens in their shore damage reduction activities. Most shore erosion-related support emphasize- s he need for planning. Existing funds are clearly directed towards evaluating shore erosion problem areas and initiating nonstructural measures of hazard mitigation and resource preservation. Financing available for structural solutions or as an avenue for compen- sation is extremely limited. The Coastal Mngement Progra represents a likely source of assistance to those Wisconsin communities- interested in shore erosion damsge re- duction. Besides channeiUng- ts monies towards an expansion of the state's own shoreline information ba-e, the Program, is also funding shore erosion-related projects of coastal communities, counties, and regional bodies. That local policy development, plan design, and program implementation have-become a major CM? focus' is evidenced by the following list of future activities, classified under Coastal Issue #3, Coastal Erosion and Flood Hazard Areas: Title of-306 Project Prooosal Soonsor Sublect County(ies) 1. Erosion Control Study Design Racine County/ Town Caledonia Racine 2. Recreation Activity Management Racine County/ Study : Town Caledonia Bacine 3. Ecological Study Racine County- Town Caledonia Racine 4. Lake Access Road Feasibility Racine County/ Study Town Caledonia Racine 5. Duck Creek Flood Plain Management Oneida Tribal Reservation Brown 6. Coastal Topographic Mapping Town of Suamico Brown 7. Lake Superior Shoreland Wisconsin Geological Lake Superior Geotechnical Study and Natural History Counties Survey 8. Great Lakes Shore Erosion Wisconsin Geological Statewide Information and Assistance- and Natural History Program Survey 9. Shore Erosion Policy Study- for. Wisconsin Geological S:tatewide Local and County Governments and Natural. History Survey? -4 Table 2. Shore Damage Reduction: Primary Sources of Assistance. Federal or Sponsoring Program Target Program Scope State-Sponsored Agency State County Local Private Technical Financial Program Program. Govt. Govt. Govt. Per'son Assistance Assistance Contact Beach Erosion U.S. Army x X x X x Corps District Office: Control Corps of Chcg-Lake'Michigan Engineers St. PMau-ake Superior Hurricane, Tidal Same as and Flood above. x X X X x Same Os above. protection. Correction of Same as Federal. Navi4- above. gation ProJect- X X X V X X Same Os above. Induced Shore Damage Resources Soil conservation Soil and Wat.er Conservation. Service, U.S. X X XX Cnevto Dept. of Agri- District Office. culture. Agricultural Agricultural ASC Conni ttee; or Conservation. Stblzato SoII and Water Con- and Conser- X XX serVAtiori District Office. vation Servyce USDA. Coastal Wisconsin T.A.: WI Geological and Management Coastal x X X x Natu~ral 1istory Program Maagmet .Survey, Council F.A..: Regional Planning Commission; Citizens' Advisory Committee; or Office Of'state Planning aria Enry ~~~~~~~~~~~~~~~~~~~~g .9. ery Table 3. Shore Damage Reduction: Secondary Sources of Assistance. Federal or Sponsoring Program Target Program Scope State-Sponsored Agency State County Local Private Technical Financial Program Programs Govt. Govt. Govt. Person Assistance Assistance Contact Resource Conser- Soil Conservation Soil and Water Conservation vation and De- Service, USDA X x x X X District Office velopnent Pro- ject Activity HighwaY Wisconsin Dept. X X X X Highway District Office. Improvement. of Transportation Disaster Loan Small Business Small Business Adminis- Assis tance. Adninistration. X X tration Regional Office. Scientific Wisconsin Dept. Scientific Areas Coordinator, Areas Preser- of Natural X X X X X Wisconsin Oepartment of vation. Resources. Natural Resources. Outdoor Re- Same as Above. Wisconsin Department of sources Actiop X X X Natural Resources District Plan (ORAP). Office-Recreational Aid Special ist. Land and Water U.S. Dept. of Conservation Interior. X X X X Same as above. (LAWCON). Coununuity U.S. Dept. of Regional Planning Commission; Developnent HIousing & Urban X X or, Wisconsin Department of (701). Development Local Affairs and Development. Water Quality U.S. Environ- Control (208). mental Protec- X X X X X Wisconsin DNR. tion Agency. Technical Upper Great Regional Planning Commission; Assistance Lakes Regional X X X X or UGLRC headquarters. . Grants. Conni ssion. Wisconsin Coastal Management funds are distributed according to the priorities which have emerged from the process of designating geographic areas of management concern. Itself a management technique, the GAMC procedure has singled out for special consideration, '"azard areas, which are those areas prone to severe erosion and/or flooding that may impose danger to public- usa. or-eate or future: substantial. public costs."ll Erosion control, hazard mitigation, and resource conservation policies for such areas are guided. by a dlstinction between high and low priority shoreland. uses: "The highest use priority in these areas would be assigned to those activities that do not impose immediate or future substantial costs due to- geologic, soil, or flood conditions;. Any development should be so constructed as to avoid creating new hazards or increasing existing hazards. Uses of the lowest priority include those activities that are non-water dependent or non-water enhanced, create new or increase existing hazards and result in irretrievable losses of coastal. resources."1- Application of the, GAMC process to Wisconsss shore> erosiosn management. has served to provide coastal com==i=ies with additional standards for evaluating their shore-. damage reduction alternatives. I: also fulfills Federal Requirement #3; "a method for designation of areas for erosion control, mitigation, and/or restoration as areas of particular concern or areas for preservation/restoratiod." And, together with current attention towards assessing existing and potential technical and finan- cial assistance sources, it demonstrates Wisconsin's partial compliance with Federal Requirement #5, "an identificatimo of legal authorities, funding pro gras: and other techniques that can be used to meet manage- ment' needs." Appendices C and D: * Lake Bed Grants. Great Lakes. 1976 * Feasibility of Comoensation for Man-Induced Shore Erosion. 1978. * A Shore Erosion Plan For Wisconsin: Aooraisal of Ootions and Strategies. 1978. E. Coordination of locat, regional, and state shore damage mitigation policies and p rograms. The benefits to be gained by coordinating shore damage reduction ac- tivities have become clear as-research continues to point up the system- like interactions of coastal processes and landforms. Although the concerns of each shore property owner, whether private or public, are usually site-specific in nature, if efforts to mitigate damage and/or reduce erosion are to, be efficient and effective,. their compatibility with. one another must be insured;. A. primary objective of Wisconsin's shore erosion/mitigation planning process is to accomplish such compatibility. Future planning emphasis., therefore, will be given to clarifying and coordinating agency and government responsibilities vis-a-vis existing and proposed shore damage reduction efforts in Wisconsin. Thus far, state agencies, together with the U.S. Army Corps of Engineers, have performed the bulk of coastal research and regulatory activities. Other agencies (i.e., Soil and Water Conservation Districts and the '.S. Soil Conservation Service) have developed additional shore erosion informa- tion and made it available to interested parties, while local govern- =ents have enforced their shoreland-related zoning ordinances to varying degrees. Assessment of shoreline- conditions, evaluatio of eis-ting remedial and preventive procedures, and refinement of- pertinent regulatory policies have already been highlighted as ongoing elements in Wisconsin's shore erosion/mitigation planning process. The first: element will involve primarily those state agencies currently active in coastal data-gathering and analysis: the Wisconsin Geological and Natural Eistory Survey, -the Wistonsin Department of Natural Resources, and the Sea Grant College Program, Geology Department, and Engineering Department of the University of Wisconsin. The latter elements will require leadership from the Coastal Management Council and implementation support from all its represented and cooperating agencies and governments: the Wisconsin Departments of Natural Resources, Transportation and Business Development, the Public Service Commission, the regional planning commissions, and the local public officials, to name a few. Besides these three areas of future plaAning focus, Wiscoustn will consider a fourth: the development of additional preventive-or incentive- policies and techniques which can serve to manage further the state's progress towards its shore damage reduction goal. Again, agencies and governments at all levels will be involved, whether the particular incentive program pertains to the establishment of erosion hazard warning systems or performance standards for erosion hazard districts. These programs will be targeted towards encouraging coastal localities to strengthen their own policies and implementation t:ools with regard to shore erosion. 174 In light of such anticipated activity, the need to integrate the various. shore damage: reduction efforts into a comprehensive strategy becomes even more apparent. Attention to this need will now dominate shore erosion/mitigation planning in Wisconsin. To enhance the opportunities for coordination, evaluation, and refinement of its shore dam=ge reduction purposes and actions, Wiseoin.- ll. be.: relying. especially upon the GAMC process as a screening and funding mechanism. and the Coastal Manamgement Council as an advisory body alert to, program weaknesses and needs for modification. In addition, the Geological Survey's technical assistance: activities will certainly" strengthen the lines of communication between federal, state, regional, and local agencies and. governments and develop further the program implementation capabilities of1 all parties and interests involved. Such an agenda documents well the extent to which Wisconsin has ad- dressed Federal Requirement #5, "an identification of legal authorities, funding programs and other techniques that can be used to meet manage- ment needs." This shore~ damage reduction planning prospectus also demonstrates consistenc7 with overall objectives of- the Wisconsin Coastal Management Program. I-m part:icular, Program goals< of: making state regulatory and management- policies more effective, coordinating them with local plannig: strategies, and strengthening local government coastal management. capabilities are- provang directly applicable. to the shore erosion/ mitigation. planing process. Appendix ES. * A Shore Erosion Plan for Wisconsin: Aroraisal of Options and Strategies. 1978. WISCONSIN'S C rF LIAesCs, eI SpMMARY. Over the past three years, shore erosion/mitigation planning activities in Wisconsin have been coordinated thr.ough its Coastal Management Program.: The ProgrTa hast developed a process for addressing coastal,, erosion-related problems, identifying feasible solutions, and implementing appropriate shore damage reduction plans. The process can be sum-arized according to its five principal components. Research, analysis, and ad-miistrative activities of each are. preparing the coastal community to deal effectively with its. eroding Great Lakes shoreline. They therefore serve aq general evidence of Wisconsin's response to Section 305(b)(9) guidelinesi, issued in the Coastal Zone Management Act Amendments of- 1976.. Those intervals in Wisconsin's. shore erosiou/mitigation planning process which..demonstratelrcompniance with the five federal requirements are specified in Table 4. During an initial period of shoreline data gathering and analysis,. the state has learned much abeout the extent and nature of coastal erosion along :ts Lake- Michigan and Lake Superior shores. Such projects- as: geotechncal field study, shore damage esti- mation, recession rate measurement, and critical reach determination represent a methodology which has been developed in order to assess the effects of shore erosion in an ongoing fashion (Federal Requirement #1). Investigations into the types and costs of ivarious structural and nonstructural options, including compensation avenues, have provided some answers to the question of what can and cannot be done to reduce shore erosion damages. Although procedures for maaging erosion effects have been identified (FR #4), their application to the Wisconsin shore- line rests upon the decision making process used and subsequent actions taken by those agencies, governments, and citizens- involved in the shore damage reduction effort. A framework for such actions has been proposed, based primarily upon the application of existing state and local shore- land policies (FR #2) and the need for continuous refinement of programs as new shoreline information becomes available and current policies and. guidelines are revised. Wisconsin's set of shore erosion managemet tools is being expanded to serve better the program implementation and evaluation needs at all Jurisdictional levels. Currently, the GAMC process is providing a mechanism for channeling Coastal Management funds to shoreline stretches which have been designated as erosion hazard areas and earmarked for an appropriate hazard mitigation strategy (FR #3). At the same time, other sources of technical assistance, financial support and relief, and shore damage reduction incentives are being investigated for their applicability to the coastal area (FM #5). Coordination and monitoring of the wide range of shore erosion/mitigation planning: efforts in Wisconsin represent a future focus for the Coas:tal Management Council and the staff (Great Lakes shore erosion information and assistance program) of the Geological and Natural Ristory Survey in particular (YR #5). In fact, however, all those decision making bodies, research teams-, technical commirtees, and private individuals involved in addressing the shore erosion issue- are enhancing the state's overall ability to develop and maintain a high level of efficiency and effective- ness in accomplishing its shore damage reduction objectives. 176 Table- 4 WISCONSIW S COXMMACE WITEE FEDERAL GUIELflIS: A SUMMARY The folloving table relates, theL-fi-e 'specidfic--6 fede al qi-4r-ets to -thao wisconsin, shore erosion/mitigation Planning process. The Plan"nin Component (a) which. addresses each requirament is identified. FEEAL=UIPEN1I CTNE1S OF PLANNT.G-. PRCESS #1 - A method for asse sisigthe A. Shoreline data gathering effects o~f shore erosion. and analysisa. #2 - Articulationl at State C. Development' of a: frameworks policies, for action., #3 - A method for designation, D.. Assessment of technical. and of' areas- for erosion- financial- assistance sources;. control, mitigation and/a: ~ also- restoration. Z. Coordination of local, regional,, and- state. shore. anli programs. #4 -Procedures for man-g-ing- B . Investigation of strzctural- erosion effects.. and uonst-nct%=aI- a'lternatives. #5 -An. identification of lega-I D:. (See above) authorities,, fumding ialso - p-rograms, and other manage- S . (See above) men: teehniques. 177 FOQOTNT 1. The U.S. Army Corps of Engineers has extensively surveyed Wisconsin's coastal counties in order to estimate the dollar value of damages and losses suffered during each high water period. Results of- thek first survey were reported in ProPert7 Damage on the Great Lakes Resulting from Chanees in Lake Levels (1952). The more recent figures, obtained in cooperation with the Wisconsin Department of Natural esources, will appear in the forthcoming Great Lakes Shoreline Damage Survey. 2. At public meetings and in public perceptions poils, the Wisconsin Coastal Managemet. Program staff have consistently heard or seen shore erosion ranked as the #1 or #2 issue amongst shoreland residents and public officials. As- recently as 1976, results of a widely administered coastal citizens' questionnaire demonstrated shore erosion's continuing high priority as a coastal concern. 3. The Committee's membership has included: 1) S. Born, U2iversity of Wiseonsis - Madison; also, Office of- State Planning and Energy. 2) T. Edil, University of Wiscons-in - adison.- 3) G. SHdden, Sea Grant Advisory Services. 4) T. Lauf, Department of Natural Resources. 5) D3:. ickelson, University of Wisconsin - Madison. 6) A. Miller, Office of State Planning and Energy. .7) M. Ostrom, Uisconsin Geological and Natural History Survey. 8) G. Pirie, University of Wisconsin - Milwaukee. 9) D. Thomas, Office of State Pla-n/ng and Energy. 10) P. Tychsen, University o-f; isconsin - Superior. Staff coordinator for the Shore Erosion Study is Roger Springman, Wisconsin Geological and Natural History Survey. 4. Up until 1975, Wisconsin was relying almost exclusively, for its shoreline information, unon the earlier research of such federal and regional agencies as the U.S. Army Corps of Engineers, the Great Lakes Basin Commission, the International Joint Commission, and the International Great Lakes Levels Board. 178~ 5. Short-term recession rates along Lake, Superior are- currently~ being calculated. Tn general., Wisconsin's share erosion planning. efforts have, to date~, focused u-pon the highly developed stretches-of Lake, Miichisan's coast, where: share erosion poses: a more severe threat to existing land uses~. 6. See Great Lakes Shoreline Damage Surve?- Brown. Douglas and'Racine Cou~nties, Wisconsin. Appendix 11. 1976. 7. ,The "life" at a structural Solution may- be considered temporar -it its effeact lasts less than. 5'years;, intermediate, if- it& effect is observable for at least 5 years, butT not longer than 25 years;~ and long-term, if its, ef feet continues beyond 235 years. 8 . Lawst #1 and #3, are, excerpted from State, of Wisconsin Coastal Management Program and Final Environmental Imvact-Statement (Madisom,. 1978), p.14. 9. This specific policy should be added to those~ currently- listed under "Coastal. Issue 113, Coastal Erosion. and Flood Hazard Areas" of- the Statewof Wisconsin-Coastal Management Program and- Final Environmental Im~act. Statement, document. 10. This general share ero-sion policy% statement is consistent with that re-parted in the Program Document, p. 1 13. ll- Ibid,p.62 12. Thid, p-. 162. 179 COASTAL WANA~!T nom~aM AM~ FINAL MqRNM A UACT STA~TM~ Wiscorsiu Coastal Managemxit Coir-ij. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~IS In addition to the three new plannmng elementsa required by the 1976 Amend- ments, the following pages list specific additions or amendments to the State of Wisconsin Coastal Management Program and Final Environmental imaact State- ment. Such amenments must comply wih he procedues of Section 306(g) of the :Coastal Zone Management Act as amended before they are formally approved by the Assistant Admi-strator for Coastal Zone Management, U.S.. Department of Commerce. Amendment items are listed in the order in which they will be inserted into the Program Docnment. Additions- are underlined and deletions are typed and marked out with. slashes.. Tables in the Program Docment which provided cross- referencing of statutes,. ad-miistrative code and other legal citations are not included herae but will be accomplished after the amendments are formally ap- proved. Other refinements may be submitted to the Assistant Administrator by the- Wisconsi Coastal Management Council. Amendment items #2,3,4,5,6,13,15,16,17 and 18 are the result of action taken by the 1977-78 Benial Session of the Wisconsin State Leg islature. These items represent further clarification of state policy within the seven coastal issues of the adopted Wisconsin Coastal Management Program. Amendment item. #12 is an additional listing of an exsting- policy. Amendment itEms i,7,78,9,1C0,ll and 14 are the result of action taken by the Natural Resources Board and published in: the Wisconsin Administrative Code. These items represent further clarification of state policy and re-- gulations on public access and wetlands. Amendment item #19 is the result of action taken by the Wisconsin Coastal. anagement Ctouncil on May 10, 1978. The modification refers to Council voting procedures o funding: decisions. Amendment items #20:,21, and 2 "are the result oaf Wisconsin compliance with 305(b) (8), Energy Facility Planning. This amendment to the Funding Allocation Procedures of the Wisconsin Coastal Management P:rogam is further explained onQ pages 137-145 of this report. A refinement, #23,24, and& 25, are also listed at the request of the Nuclear Regulatory Commission and the U.S. Department of Agriculture, Forest: Service. Amendment Page Amendment to the State of 'Wisconsin Coastal Management; Item No. No. P-raera and Tinal Environmental Immact Statement Chapter I.- Coastal Issues. and.'Policies I. COASTAL WAlER AND AIR~ QUALITY #1 Los 1. 0 The state's policy on coastal- water, quality is ... to protect~ public health, srafeguardql-aquatic~ li:ft--,and' -scenic and ecological-values including wetlands;. #2 106 ~~1.5.1 The state shall, provide fanilndtechnical assistance to abate -Doint and non-uoint source water Pollution. (Wis. Stats. ~Section 144.'2_4 and #3 ~~106 1.7 Phosphorus removal, :Eom sewage ...tributaries andl the safe. of clIeantnz, agents and water conditioners- which contain more than 8.7% 'Dhos-vhorus br weizht is - Prohibited. (See managed. use #1 h, Wis.. Stats.. Section 100'.28, and Wis. Admin.~ Code NP. 102.04) #4 106': 1.. 8 Wste treatment-fclt- ln~salb'rvee and may be disapproved if' they axe not. in conformance with any existing a~nro-vedl areawi~de waste treatment management 01-ans srapared 'Pursuant to P.L. 92~-500 as amended. Sever extensions sh-all be, allowed . exists,. (See managed use #2 d, Wis. Stats.. Sectio n 144.04, and. Wis.-Admin. CoeNP 110. 05) . #5 ~106 1..9.1 Treatmen~t, storaze and disposal of 'hazardous sub- stances and solid waste- shall be regulated and re- stricted. Waste generators shall contribute to a waste management fund to %:uarantee long-term. care of and enrvironmental reaiars~ to solid and' hazardous waste disposal sites and to make'such sites suitable for other uses. (See Resource Conservation and Recovery Act of 1976. P.L. 94-580 and Wis. Stats. Section 144.41 ff). #6 106 1.13 Lots -act served by, pub'lit sever shall have area; and width restrictions. No building ioermit shall be approved without septic tank DermiLt avxroval it such a permit is necessar7". (See . . . Wis. Stats. Chapter 236 and Section,66.036,.. - 1I. COASTAL. NTURAL AREAS, W=LDU:E EAMTTAZ AND FISHER=R #7 109 2.0. a. Designating and managing special areas . . .streams, wetlands, .. #8 109 2.1 State scientific areas shall be designated for... preservation of . . . conmmuities, including wetlands, . ..(See . .Wis. Admin.. Code NP. 45.23 and XR 1.95). #9 110 2.6 State wildlife areas shall be managed . . . the pri- mary objectives of wildlife habitat 4-AL, public htnting- 183 and, wetlands protectioun. (See .. and Wis. AA-in. Coda- NR 1. 95). #10 110 2.9 State fish uanA' aemnt areas shall be designated and managed: to .. foster and promote the- preservation of required habitat for all species including 'wetlands, * . (Se~ .. .Wis. A"-".n. Code, N~R 1.01 and NR 1.95). #11 Iii 2.Z. 13.]. The, Dewpazt=Fnt of 0atural Resources shall Dreserve and Proterlt 'Wetlands under its management and con- trol TheDe-vartment of 'Natur-al IResources shall use isregulator authority7 to minimidze adverse chanzes- in. the Scaitt or qruantity~ of the f~l ow of waters'that nourtish wetlands, to trotect wet- 1=l.nd- from all, envlironmentallY7 incomnatible uses, activities and substances. and restore wetlands which wereM unlawfll altered. (Wis.-Ad-fin. Code III. COASTAL EEOSTON~ AMi FLOOV EAZARD ABRtAS~ #12 114 3~~~.5 t~ is unlawful to, deposit: any materia or to, -alace anT qtruztLre in navigable waters Without a, -ermit. Rip rap . . . habitat. (See . . . Wis. Stats. Section. 30.12(1) and 30 -12 (2,)(b)) #13 ~117 4. 0. g.Providing assistance -nmramrs for recreational boating, facilities and boating satet7 to remedy the izroblems,.Of recreational used of: the waters. #14 Lis 4.8 Public acce~ss ap-proval. Providing nubIic access to ~waters by th4e Deaartment of Natural' Resources is a variable'reaouirement basedi on the qualit,7 Of the, resource, the soar-e available- and the levels of use experienaed,. respecting Drivate rights and developments. (See ...and; Wis. Admin. Code NR 1.90, 1.91. and 1.92). #15 Lis 4. 10 Local co=umu"-ties shall be- encouraged . . . The state shall poietcnaland financial assistance to =L~iCipalities for the develorment of recreational bcatinz facilities. (See. and Wis. Stats. Section, 22.3.30 and. 30.~92). #16 ~121 5.1 The state shall- prompta business and industrial de- velopment .. and shall auth'o-rze thme establishment of foreign trade zones b7 szovernment bodies and 'private corporations. (See . . . and Wis. Stats. Section 560.0.3 iiii .2.3 and, 182.5-0). 184 Chapter. II. Tiplementing a Coastal Management Progra in Wisconsin B. Managing Key Coastal Resources and Development Activities #17 ISO B-2.CC . item Z.i. Disturbng Bridges. The. second. parag~rah could be written as follows: Bridies over navigable waters arm also subject to regulation bv the DNR to protect human life and health, and minimize ;ropertv, damage and economic loss. Navigational clearance - of mumiciaal hizhwa,7 brldzes is subject to standards pro- mulateid by the DOT. (The above change reflects the concept inherent-in Chapter 190, Wis.- Laws: of 1977, effective 12/8/77.) #18 180 B.2.C. item 2.j. Abandoning Any Rail Line or Service. Delete the; first three sentences in this paragraph and replace them with.: This activity is umder the sole jurisdiction of the federal Interstate Commerce Commi ssion. The State Denartment of Transoortation. in coordination with the State Transoortatiou - Comnission, Dlavs anL active role in these decisions. aooearing and testifving before the. ICC. (Retain the rest of the- paragraph as- is. This amendment is suggested to incorporate the stare legitilative changes that have taken place in the lastyear, including (1) the creation of a, Transportation Co-ission and the transferring of transportation related responsibilities from the Public Service Commission to the new Transportation Commission., and (2) the increased responsibilit- ies of the- Department of Transportation, e.g., first right of refusal on abandoned rail lines.) C. Organization for Implementation'of the Coastal Management * Progra 3. A new Wisconsin Coastal Management Council #19 204 Yirst paragraph, delete last sentence lines 4-7. Vz~~~~~~ .. .1-t Msb~~; --heT 6--aneii: menitees, nee -P '. Program Funding 2. Funding Sources for a Coastal Management Program Coastal Energy Impact Program (Section 308) 28 Delete second sentence: "The~ provision . . . rsuc. Inser-t InU its place:. Five t-T-es of financial assistance are -nrovided. under Section: 308 (b) (6) (4): (1) Planninz --rants for the conseauences of. enerav faciliaties-, (2 Lopans~' for' ney or imporoved-p~ublic~ facilities and'serviCes required asa. result of coastal (3), Grants, to reduce' any~ Unavoidable "Iaos 'of 7altabe environmental, or -recreational re- Sour'ce, (4) Otxter~ Continental Shelf (OCS) develcm-ment.. (5ke~pavmeut, assistance' to coas~tal states-and- local iovrmet xperdtencing~ difficulties Meetlng credits obligations because the- enerwy' actl-7itv. did not provide, the. expected revenue. Planning grants, the oUIT t'rpa of C~financial assistance available to'Wiscons-in, may be applied to either coastal ener aciviiesor facilaities. 3. El~igible Firded Activities and Re-cipients a.. Ta improve the implementation: . . . of existing... (3) Coastal, energy impacts- #21 220 Delete iwhole Paragraph: "financial assistance is enerX7 activit7-.", Tnsertst Section Maltc) Planning: granta are desizae4 forl the- study7 and Planning of conseauences relating~ to ne or expanded (a lann for economic., social, o-r environmental COUseguences of zew or exoandad e~ner`TV facilities; - (b) aualvzing- zovernment or, private industr7 sitin.g Cc)flvisinz strateeies for the: aublia ourchase of land or for land-use controla umons, or near which elmer-I' develonMent is to take nlace; (d) devising methods of Dratect~Izz-recreational or environ- mental resources: (a) conducti-na studies for maintaining or tmaroving -public safet-7 threatened by the construction or- operation of enerx.7 f acilities.: (f condudtiw- analyses, reqnirud, for, state or local reag ulator7 decisions related to energy facilities; ()Performing cost/bene-f it analyses comvaring, the con- ()sequences of alternative enerzy facilitT typres or sites; ()devising, stratee~ies for, recovering compensation for an'7 adverse effects caused byT an enerzv facilitri Wi forecasting e~lavment. Do-oulation-,. 'public. facillity and Dublic service- needs and costs,* and tax- and user (i) plnigfor Dublic. facilities needed as a result of the, energy7 activities:, (k study- of and Diannine for the secondary conseouences of -alternative types and siftes of -public faci1ities needed as~ a result of the energy activities: (1) stud'r of and Planninz forT the consecuences of the -phasing out of energy- facilities; and (m) carrying out -protect& nec-essary to administer assis- tance, =ider Section, 308 (NOAA Regulations, Section 93-1.33,1 43 PR 7354, - 7555) 4.. Consideratiousi in Proaject Rudimg-: #22 -226 Add an additional paragraph at- the and of' the section,- mid-page. Mfaior criteria for selection of- CEEF Drol ects are: a) coastal energy, activity/facility- determination (as defined in bTOAA Regulations Section 931. 13 and: 931.19, 43 FR 7551-75:53), b) size and vulnierabilir~y of the, area* a) appropriate timing of the proposal to address the impacts of: the f acili ty (urgency. or ==e- diacy of need)* d) consistency with other state policies and With the Coastal Management Program* Other criteria for CEIPproject selection are: e) compliance with federal regulations and guidelines f) ability, of applicant to carry out proposed study and -previous energy planning, involvement g) presence of matching funds.*- ha) geographic distribution of the pro-oosals* i) transferability of. findinags of the Proj ect* j) cost of project and availability of complementary funds from other state or federal sources*x *EZis~t�n2- zui-fA,14g~ f-r-m-m Coastal Management ?Trogram funding. 187 Cha~pter TII. Federal Government-Activitles in the Coastal Area #23.. 31 ?ae 231of the State, of~ Wisconsin Coastal Management Program and' Final nironmenta-1 Impac-t Statement makaso reference~ to: "'A list of federally excluded lands~ was reprinted in Appendix I of the Draft Itpact, Statement. " This Ilist Inadvertently o=itted the Nicolet National Forest of which a portion is in. Oconto County4 D. Federal, Consistency - Licenses amd~ Permits~ #24 I241 Paze 241 Paragranh D. The Department of Agriculture authorities: 1) 43 UJSC 1716 has replaced 16 USC 522 and, 523. 2) 16 USC 4,97 re-fersi to~ "lease and occupancy of limds- for hotels, resorts, -SU=P-r homes, stores~ and facilities for industrial, commercial., educational or public, u**e onl TUS- Forest. Service Tands" rather than permits for construiction. #25 242. 'Nuclear Regulatory Conmission a) 'r.-- . Permits'and licenses for the construiction and operation of nuclear~ facilities. (State permits required).