Environment, Natural Resources, and Outdoor Recreation

Within water distribution systems, service lines are the pipes that connect each building to its nearby water main. Historically, these service lines were often constructed from lead owing to the metal’s malleability, durability, and affordability. However, this practice has created a public health risk as lead may be introduced to drinking water as pipes corrode. Even at low levels, lead exposure may result in health impacts including cardiovascular effects and reproductive problems. Additional concerns exist for children, for whom lead exposure may result in an array of health effects including behavioral and learning problems, slowed growth, and anemia. Collectively, these concerns have driven efforts to mitigate lead in drinking water, including elimination of lead from water distribution systems through lead service line replacement.

The public trust doctrine, as developed and interpreted by the courts, provides that navigable waters are held in trust by the state for the benefit of the public. The doctrine has been interpreted to require the Wisconsin Legislature to serve as trustee for the citizens’ rights to navigate and enjoy recreational activities in the waters of the state

Shoreland zoning was adopted in Wisconsin to protect state waters and uphold the state’s Public Trust Doctrine. In 1966, the Legislature gave counties the authority to zone shorelands while ensuring that minimum requirements set by the Wisconsin Department of Natural Resources (DNR) were met. Generally, under Wisconsin law prior to the enactment of 2015 Wisconsin Act 55, a county could choose to set more restrictive shoreland zoning standards than the DNR through county shoreland zoning ordinances. Counties could also grant variances to the shoreland zoning ordinances, and the DNR’s authority included the ability to review and appeal county decisions to grant variances.

Wisconsin shoreland zoning laws were significantly altered with the passage of certain legislative acts between 2011 and 2015. Very generally, the acts codified many shoreland zoning standards (previously contained in the administrative code in statute), limited the role of the DNR and counties, and changed the overall regulatory framework of shoreland zoning to favor private property rights. Notably, the changes also prohibited any county from creating a shoreland zoning standard that is more restrictive than a DNR standard. This information memorandum discusses Wisconsin’s current shoreland zoning laws and how they relate to county zoning authority

As the nature of livestock production continues to change rapidly and dramatically, the industry has moved towards large operations that confine hundreds or thousands of animals on small tracts of land. Animal waste disposal has therefore become an issue of concern in Wisconsin, particularly with respect to the impact it has on water quality.

The federal Clean Water Act (Act) prohibits the discharge of pollutants to navigable waters unless the discharge is authorized by a National Pollutant Discharge Elimination System permit. The act allows states to implement their own permit programs as long as the standards in the state program meet or exceed those of the federal program. Pursuant to this authority, Wisconsin has authorized the Department of Natural Resources (DNR) to establish, administer, and maintain a state pollutant discharge elimination system in order to restore and maintain the chemical, physical, and biological diversity of Wisconsin’s waters. Generally, the discharge of any pollutant into any state waters is unlawful unless the discharge is completed in accordance with a Wisconsin Pollutant Discharge Elimination System (WPDES) permit. DNR has established particular WPDES permit requirements for large livestock facilities such as Concentrated Animal Feeding Operations (CAFOs).

This information memorandum provides general background information on CAFOs and describes the WPDES application process and requirements for large CAFOs.

Sand mining is a growing industry in Wisconsin, due to significant deposits in the state of sand utilized by energy companies to extract oil and gas using hydraulic fracturing technology. This information memorandum provides an overview of the regulation of sand mining in Wisconsin. Sand mining in the state is primarily regulated at the local level, through nonmetallic mining reclamation ordinances, zoning ordinances, and ordinances enacted pursuant to general police powers. State law establishes required contents of reclamation ordinances and, in some circumstances, limits local authority to enact other types of ordinances. Various state and federal permits and approvals are also required for certain impacts resulting from sand mining.