Who Do I Contact For A Project In Or Near A Waterbody?

The Department of Natural Resources (DNR) Waterways Program provides a variety of services to many different stakeholders, including municipalities, contractors, consultants and state residents. The DNR Staff Directory is a great resource if you know the name of the person you want to contact or the job title of the person who would handle the subject matter of interest. However, some projects require working with multiple staff members or subject matter experts when working near a waterbody. This article will help clarify who to contact depending on the type of assistance needed.

Local zoning staff issue both shoreland and floodplain zoning permits. These regulations are guided by the DNR but administered by local zoning staff. The purpose of shoreland zoning standards is to protect Wisconsin’s lakes, rivers and streams by limiting the direct and cumulative impacts of shoreland development. Shoreland zoning standards are outlined in state statutes and codes. They are essential to maintain safe and healthy shoreline conditions, prevent and control pollution from surface runoff, protect spawning grounds for fish and aquatic life, control building sites and placement of structures and land uses, and preserve shore cover and natural beauty. Shoreland zoning helps property owners protect their waterfront investments while also protecting fish and wildlife populations.

The purpose of floodplain zoning is to protect life, health and property. Floodplain zoning is comprised of both state and federal standards. Before starting a project, it is important to check if the project is located in a mapped floodplain and understand the importance of floodplain zoning regulations. Projects with potential impact to floodplain areas should start with an inquiry to local zoning staff. For most projects occurring near a waterbody, it is important to contact your local zoning staff before contacting the DNR.

If you are an individual seeking information for an upcoming project, please read Section A. If you are a local zoning staff member seeking assistance from the DNR, skip to Section B. In Sections A and B, there are headings describing who the contacts are as well as the information that can be offered in relation to the proposed project.

A. Information For Individuals Starting A Project

This section is for nongovernment individuals (such as Wisconsin residents, contractors, surveyors, architects, etc.) looking for more information to start a project. For individuals wanting to complete projects on or near a waterbody, there is a range of resources available at the local government level and the DNR.

Local Zoning Staff

For most projects, local zoning staff for your city, village or county will be the best place to start inquiring about a project and the applicable regulations.

If you live in an incorporated city or village, call or check your municipality’s website to determine who to contact. If the project is in an unincorporated town, the first place to contact would be the county zoning department. The Wisconsin County Code Administrators website has a list of all county contacts.

Local zoning staff are a wealth of information for the questions that may come up before starting a project. Both shoreland zoning and floodplain zoning permits are issued by the local government where a project is located. It is best practice to understand these requirements prior to planning a project.

Common questions may be, but not limited to, the following:

• What should I know when planning to construct a new home, deck, garage or other structure?
• What are the sanitary requirements?
• What uses are allowed on a property?
• Where is the ordinary high-water mark (OHWM)?
• What are the applicable setbacks?
• What are the shoreland and floodplain zoning permit requirements?

DNR Water Management Specialists

The DNR's water management specialists are responsible for implementing state regulations that protect waterways and wetlands. They review and make permit decisions for various activities proposed below the ordinary high-water mark and extending into a waterbody. An overview of common shoreline activities that require a DNR permit can be found on the department's website at:

• Piers and Recreational Structures Permitting
• Shoreline Erosion Control Structures Permitting

Water management specialists also review and make permit decisions for activities located in wetlands. Additionally, they handle inquiries about whether a specific wetland area is eligible for a DNR wetland exemption (local zoning standards may still apply). General inquiries and complaints about a potential violation can be submitted through the DNR's Waterways Question and Complaint Form.

DNR Water Management Engineers

DNR water management engineers have two primary responsibilities. One is to assist with the review of projects that have the potential to impact the regulated floodplain. A water management engineer may be asked to provide input about potential floodplain impacts on a permit received by a water management specialist or be asked by local zoning staff to review and approve hydrologic and hydraulic studies received in conjunction with a floodplain development project.

The other responsibility is to review proposed dam construction or repair activities and issue plan approvals, as well as to review and issue permits for new dams or when the ownership of a dam needs to be transferred from one party to another. The DNR's Dam Regulations webpage (https://dnr.wisconsin.gov/topic/dams/regulations.html) provides more information about dam-related projects, including a list of when permits or approvals are needed.

Other resources that may be helpful include the:

• DNR Dam Database to search for information on a specific dam.
• DNR Consultant Database for Dams, to search for consultants that have previously performed work on dams in a specific area.

General questions can be submitted using the DNR's online Dam Safety Technical Assistance Request form or by emailing DNRDamSafety@wisconsin.gov.

B. Information For Local Zoning Staff

The DNR is available to provide education and assist with a wide variety of inquiries that local zoning staff might encounter.

DNR Zoning Specialists

• DNR Shoreland Zoning Specialists – Local zoning staff may contact DNR shoreland zoning specialists (find DNR shoreland zoning staff assigned by county online) for technical assistance about the administration and enforcement of their shoreland zoning ordinance. The shoreland zoning specialists also assist local zoning staff with amending and adopting a new or updated shoreland zoning ordinance.
• DNR Floodplain Zoning Specialists – Local zoning staff may email DNRFlooplain@wisconsin.gov with general floodplain questions or to request assistance updating their floodplain zoning ordinance. DNR floodplain zoning staff also assist communities interested in joining FEMA programs such as the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). A DNR water management engineer can assist with technical zoning ordinance questions; please see below for more information.

DNR Water Management Specialists

DNR water management specialists are available to confirm third-party navigability and OHWM determination requests for projects regulated under ch. 30, Wis. Stats. Water management specialists can also confirm navigability and OHWM determinations for local zoning purposes when requested by local zoning staff. Additionally, they can assist local zoning staff with wetland indicators and the various options for documenting the presence of wetlands.

If you don’t already have contact information for the DNR water management specialist in your county, send a request for training or assistance using the DNR's Waterways Question and Complaint Form.

DNR Water Management Engineer

Local zoning staff may contact a DNR water management engineer (find a water management engineer by county) for questions related to floodplains and dams. Water management engineers are available to assist communities with floodplain and dam-related items, such as:

• Reading Flood Insurance Rate Maps (FIRMs).
• Answering floodplain zoning ordinance questions.
• Reviewing and approving hydraulic and hydrologic studies.
• Reviewing dam inspection reports.
• Reviewing Emergency Action Plans (EAPs) and Inspection, Operation and Maintenance plans for dams.
• Assisting communities applying for municipal dam grants.

Healthy Lakes & Rivers Helps Across Wisconsin

The Healthy Lakes & Rivers program includes five simple and inexpensive best practices that improve habitat and water quality on your shoreland property. While these practices are DIY friendly, the DNR Surface Water Grant program also offers funding assistance through cost-share grants. Since 2015, the DNR has been able to award $1.82 million in these cost-share grants to over 1,000 landowners across 38 counties. Through these grants, 1,921 shoreland health best practices have been installed along 205 lakes and rivers across the state. The Healthy Lakes & Rivers program is a partnership among the Wisconsin DNR, Extension Lakes, Wisconsin Lakes, and local partner organizations. Each of these groups contributes to making the program work: grant administration, communications, partnership building, technical guidance, site visits, project design, outreach, and more.

If you belong to a lake or river organization, municipality, or tribal government, you can help make Healthy Lakes & Rivers together in your community! While the DNR cannot provide Healthy Lakes & Rivers funding directly to individual shoreland property owners, the groups mentioned above can apply for up to $25,000 on behalf of multiple property owners ($1,000 per best practice) and grant applications are now accepted year-round (one per fiscal year). No pre-application is required, but first-time applicants must provide photos and design plans for approval to their regional DNR biologist prior to implementation.

For more information on this partnership, the five best practices and grant resources, visit the Healthy Lakes & Rivers website.

Article and image reprinted from Lake Tides newsletter Vol. 50, No. 1.

The Basics Of Wetland Identification For DNR Permitting Purposes

The DNR Waterways Program fields thousands of questions annually about “buildability” or “Are there wetlands on this property and what does it mean?”

DNR Waterways staff, including intake specialists, water management specialists and wetland identification specialists, use a quick wetland screening process to establish an initial understanding of the likelihood of wetlands on a property. Landowners, local governments, realtors and consultants can follow these steps to determine if further wetland identification is necessary.

Wetland Map Screening

1. On the publicly available Storm Water, Waterway and Wetland Permit Viewer, zoom into a parcel or property using an address or latitude and longitude. A property can also be found using nearby roads and landmarks, zooming in manually, and confirming the parcel number using the DOA Statewide Parcel Map layer.

2. Turn on the "Mapped Wetlands and Wetland Indicators & Soils" layer to view the wetland maps. The mapped wetlands layer will show an orange boundary with dots, and the wetland indicators layer will show a purple boundary with dots.

If the map screening shows no mapped wetlands or indicators on the site, there is a low likelihood of wetlands on the property. Unless there is additional evidence of wetlands, such as hydrophilic vegetation (e.g., cattails, reed canary grass, etc.), wet areas for part of the year, or low spots, then further wetland identification is not required, and no DNR wetland permits are needed.

If the map screening shows mapped wetlands or indicators on the property, there are two options for proceeding.

DNR Wetland Identification Service – For Wetland Avoidance

If a landowner wants to avoid wetlands entirely with their project and also avoid needing to apply for a DNR wetland permit, then they should use the wetland ID service. This service is a field survey completed by DNR Wetland ID Specialists who provide a yes/no boundary for avoidance purposes. The service can be requested for $300 per acre up to 5 acres on a property and is typically only feasible during the growing season. If you are unsure about whether you need this service for your project, please submit a question through the DNR's Waterways Question and Complaint Form.

Wetland Delineation By A Consultant – When Wetlands Cannot Be Avoided

If a landowner determines that they cannot avoid wetlands with the project, or if there are no upland alternatives on the property given the project scope and location, then a full wetland delineation will be needed. Wetland delineations must be submitted with wetland permit applications and requests for nonfederal or artificial exemptions. DNR does not complete wetland delineations, but there are typically multiple local options. Search “wetland delineator” or “wetland consultant” in your region for options.

Staff Updates

Dale Rezabek, DNR shoreland zoning specialist, will retire from the department after 14 years of service. Dale spent 24 years as a hydrogeologist in the private sector before joining the DNR. He came to the DNR in 2011 to work in the Wastewater Bureau before he started with the Waterway Bureau as a shoreland zoning specialist in 2014 to finish out his service career. A big congratulations and thank you to Dale for his excellent customer service to all the counties and communities he assisted and all his contributions to the DNR! He has been a steadfast member of the DNR Shoreland Zoning Team, hard worker, and passionate about the DNR Shoreland Program! We speak for everyone at the DNR when we say that he will be missed dearly, but we all wish him happiness, relaxation and time to travel and enjoy the outdoors.

Kay Lutze, DNR shoreland team supervisor and northeast region waterways field supervisor, will retire from the department after 11 years of service. Kay also worked as a limited-term employee at Potawatomi State Park for 8 years before earning her master’s degree in environmental science from UW-Green Bay. She then worked as a zoning administrator for Door County for 17 years before coming back to the DNR as the shoreland zoning program coordinator and eventually a supervisor. In her various public servant roles, Kay has resonated with many walks of life—customers and colleagues. She has put out many words of wisdom and much training content to help others grow and succeed around her. Kay has a kind heart and has consistently offered her strengths intentionally and mindfully so that others can flourish. A big congratulations and thank you to Kay for her leadership, training and assistance to counties and communities - and all her contributions to the DNR! She is passionate about the fundamental principles and the people responsible for upholding shoreland zoning and wetlands and waterways which are paramount to upholding the Public Trust. Kay’s work with natural resources has a lasting impact not only on the landscape but also on her teams and colleagues.  We speak for everyone at the DNR when we say that she will leave some big shoes to fill. We hope she finds more time for bike trips, camping, fishing and relaxing with a good book.

Estimated FEMA Risk Mapping, Assessment And Planning (RiskMAP) Status

RiskMAP is a FEMA-led process, facilitated by the Wisconsin DNR and used to update or create flood insurance rate maps (FIRMs). The FIRMs and other datasets created during this process are used to help move communities toward flood resiliency. Flood risk datasets work alongside regulatory products to provide flood risk information and support the community's floodplain management and hazard mitigation strategies. DNR Floodplain engineers and GIS mapping staff often play a crucial role in the development of RiskMAP projects. To see a list of current RiskMAP Projects, visit the website.

There are several key meetings and milestones that occur throughout the RiskMAP project lifecycle, which can take 3-5 years to complete.

• Discovery Period – This is the first phase of the RiskMAP lifecycle with the goal of identifying risk. FEMA, state and local leaders will collect and review flood risk data and use this information to gather a complete picture of a community’s flood risk. Discovery helps determine whether a RiskMAP project is needed and what the scope of the project will be. Community officials within the project area play a critical role, as they provide feedback and details on specific flood risk challenges and concerns. This phase happens in the first year of the project.
• Project Kickoff Meeting – This meeting introduces communities to project specifics and scope of work prior to data development. Desired input from community officials is discussed.
• Flood Risk Review (FRR) And Resilience Meetings – These meetings are part of the analysis and mapping phase after data development has been completed. The purpose of the FRR meeting is to provide an overview of the engineering analyses, present draft work maps and datas, and collect feedback from community officials. During the Resilience meeting, the project team presents additional non-regulatory products, which can be used to aid in developing mitigation strategies and contribute to a better overall understanding of flood risk. This can help communities plan for the future by discussing factors that contribute to flooding in project areas, as well as identifying ways to reduce the risk. Following the completion of draft mapping, it can take approximately 6-12 months to reach the preliminary map status.
• Preliminary Flood Map Release – Once preliminary products have been released, they can be viewed at FEMAs Map Service Center by selecting the appropriate county and community from the jurisdiction menu. After preliminary release, there’s typically another 12-18 months before the maps will reach effective status.
• Consultation Coordination Officer (CCO) Meeting And Public Open House – The CCO meeting is sponsored by FEMA with presentations by the state of Wisconsin floodplain mapping staff. The purpose is to present the preliminary FIRMs and FIS report and gather feedback on the products from local officials. Following the CCO meeting, a Public Open House provides citizens the opportunity to view maps, ask questions, learn about local flood risks and resources available to reduce risk. Local communities are urged to promote the Public Open House so citizens are aware of the proposed map changes. The CCO meeting and Open House are typically scheduled a month or two after the preliminary map release.
• 90-Day Comment And Appeal Period – Following two public notices in a local newspaper, this 90-day period allows the opportunity for comments and appeals to be submitted on the updated maps. Appeals must meet standard requirements, and any submissions should be routed through community zoning administrators prior to review.

Additional details on the steps throughout the RiskMap process are available on FEMA’s website.

Letter of Final Determination (LFD) and effective date are milestones in a flood risk project. The Letter of Final Determination is sent to the community executive stating that the final notice of flood hazard determinations will be published in the Federal Register and new or updated flood insurance rate maps will soon reach effective status. The receipt of this letter starts the 6-month adoption phase of the process. This is where communities need to update their floodplain ordinances to incorporate the updated maps and FIS, by the federal effective date to remain in good standing in the National Flood Insurance Program (NFIP). Currently, most communities also update their floodplain zoning ordinance language so that the current regulations meet state and federal minimum standards. DNR floodplain staff can set up a draft floodplain zoning ordinance for the community to review. Our assistance is provided to communities free of charge. If you are interested, please get in touch with DNR at DNRFloodplain@Wisconsin.gov.

The table below details the timing of the Risk Mapping Meetings and anticipated Letter of Final Determination start dates for upcoming projects.

* – Dates are subject to change

N/A – projects with mapping needs previously identified or projects initiated by communities may follow a variation of the typical RiskMAP project timeline

About The Wisconsin Floodplain Management Program

The program's goals are to protect life, health and property; to minimize costs for flood control projects; to reduce tax dollars spent for rescue, relief and repair of flood damage; to shorten business interruptions caused by flooding; to prevent future flood blight areas; to discourage victimization of unwary land and home buyers; and to prevent increased flood levels caused by unwise floodplain development. Municipalities (counties, cities and villages) implement the statewide floodplain standards under Chapter NR 116 (Wis. Adm. Code). 

About The Wisconsin Shoreland Management Program

The purpose and intent (goals) of shoreland zoning are to protect water quality, fish and wildlife habitat, recreation and natural beauty. Counties implement the statewide shoreland zoning standards under Chapter NR 115 (Wis. Adm. Code). The standards apply only to unincorporated land that is within 1,000 feet of the ordinary high-water mark of a lake, pond or flowage, within 300 feet of the ordinary high-water mark of a river or stream or to the landward side of the floodplain, whichever distance is greater.

Contact Us

Floodplain: Sarah Rafajko, Sarah.Rafajko@wisconsin.gov

Shoreland: Sue Vanden Langenberg, Susan.VandenLangenberg@wisconsin.gov

Dam Safety: Uriah Monday, Uriah.Monday@wisconsin.gov

Floodplain and Shoreland Management Notes is published by the Wisconsin Department of Natural Resources' Waterways Bureau. The purpose of the newsletter is to inform local zoning officials and others concerned about state and federal floodplain management, flood insurance, shoreland and wetland management, and dam safety issues. Comments or contributions are welcome. Please send comments to DNRFloodplain@wisconsin.gov.

This newsletter is supported by funding through the FEMA Cooperative Agreement as part of the Community Assistance Program-State Support Services Element of the National Flood Insurance Program. The contents do not necessarily reflect the views and policies of the federal government.