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DANE COUNTY PLANNING DEVELOPMENT • Room 116, City-County Building, Madison,Wisconsin 53703 • Fax (608) 267-1540 TO: Todd Violante, Director of Planning Development Develo ment EiCO PV FROM: Roger Lane, Dane County Zoning Administrator SUBJECT: Wetland issue with Holland Fields, Lots 12-23, Section 24, Town of Windsor DATE: March 24, 2011 Issue Dane County Zoning Division is requiring a current wetland delineation report for the wetlands that are adjacent to Lots 12 through 23, Holland Fields Subdivision prior to the construction of single-family dwellings on these particular lots. The previous wetland delineation was performed in 1999 as part of information required in the platting of the subdivision. As advised by the Wisconsin DNR, and following the United States Army Corps of Engineers Wetlands Delineation Manual (Tech Report Y-87-1), wetland delineation reports are to be limited to 3 to 5 years due to ongoing changes in the environment. At the time of platting of these lots in 1999, the wetland boundaries were identified in order to determine the open space corridor boundary to comply with the Dane County Water Quality Plan for the extension of urban service (sewer) to the subdivision. Although the Water Quality Plan policy recommends a 75- foot setback from the wetland boundaries, the Regional Plan Commission approved a 25-foot to 50-foot buffer for the wetlands in this area as part of the associated urban service area amendment approval. The 25-foot wetland buffer setback line on the original plat meanders through the western portions of many of the subject lots (see 1999 plat). The developer is reluctant to redefine the boundaries given that the wetland boundary is already displayed on the 1999 plat. The subject lots are presently vacant, but there is interest now to develop some of the lots. The developer is concerned that the lots may become "undevelopable" due to the 75- foot setback requirement currently found in Dane County Code of Ordinances Section 11.06. This provision was added to our ordinance in 2005, after the plat was approved and recorded. Division Reasoning/Policies It has been a policy of the Dane County Zoning Division to require wetland delineation reports for any new structures, such as single-family dwellings, when the development would be occurring in close proximity to wetlands that are identified on the DNR Wetland Inventory Maps. For example, a new delineation report was required for Lot 11, Holland Fields Subdivision, for the multi-family development in 2008. The wetlands were redelineated and the development modified to conform to the setback limits. This procedure has held true since wetland regulations were adopted in 1984. If discrepancies were apparent in wetland boundaries, the Division acted under the advisement of the field office of the Wisconsin DNR as reflected in County ordinances. As advised by the DNR, if a delineation report was performed at some point in time, but is more than 5 years old, the wetland boundary must be redefined. The Zoning Division is responsible for the administration and enforcement of ordinances as adopted by the County Board of Supervisors and County Executive. These regulations have changed through the years and are in the process of changing especially with regards to Floodplain, Wetland, and Shoreland regulations. The zoning division must use the current regulations at the time of development (man-made improvements to property). If the current regulation creates a hardship for an existing property, relief may be granted from the Board of Adjustment through the variance process. Page 1 of 1