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Shoreland Wetland Overlay District | Floodplain Overlay Districts | Aquifer Overlay Districts | Agricultural Overlay Districts | Overlay District Regulations
Overlay districts are typically developed in conjunction with the preparation of a comprehensive land-use plan. They can provide significant improvements to overall water quality. Careful consideration of economic impacts, natural impacts, and private rights should be exercised when using overlay districts.
An overlay district is an additional zoning requirement
that is placed on a geographic area but does not change the underlying
zoning. Overlay districts have been used to impose development restrictions
in specific locations in a watershed in addition to standard zoning requirements.
These districts are created to protect natural resources, promote safety,
and protect health. Some examples of overlay districts are:
--- Airport Overlay District
--- Wind Energy System Overlay District
--- Wireless Communication Facilities Overlay District
--- Shoreland Wetland Overlay District
--- Floodplain Overlay District
--- Agricultural Overlay District
--- Aquifer Protection Overlay District
Shoreland, floodplain, aquifer, and agricultural overlay districts have a direct benefit on the water quality of a watershed by imposing additional restrictions on the type of land use allowed within their boundaries. Depending on the environmental conditions, more than one overlay district may apply to a single area.
Shoreland
Wetland Overlay District -- Back
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The regulatory shoreland is defined as the area within 300 feet of the
ordinary high water mark of navigable streams and rivers, and within 1000
feet of a navigable lake, pond, flowage, or landward edge of the floodplain,
whichever is greater. Certain wetlands within the regulatory shoreland
are subject to regulation under Chapters NR 115 and 117 of the state Administrative
Code.
This overlay district also typically requires that a portion of the existing vegetation be maintained as a buffer and sets limits on the amount of tree and shrub clearing. Permits issued under Chapter 30 of the State Statues also limit the amount of vegetation that may be removed from within 100 feet of the banks of navigable streams. Many earthmoving activities and conditional uses within the shoreland zone require review and public hearings.
Floodplain
Overlay Districts -- Back
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It is known that allowing uncontrolled development within floodplains
results in damage to private and public facilities, creates safety hazards,
impacts the tax base, and can lead to expensive floodway improvement projects.
(2) Floodplain overlay districts try
to minimize these impacts by allowing only uses that will not experience
significant impact by floods and will not obstruct flood flows.
These
districts do not intend to completely restrict development in this zone.
For example, the Dodge County land use code allows uses such as parking
lots, roadways, airport landing strips, and golf courses to be constructed
within the overlay zone. (2)
Aquifer
Overlay Districts -- Back
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The intent of an aquifer overlay district is to preserve and maintain
groundwater supply and recharge by controlling the land cover and activities
occurring within the primary recharge area. (3)
For example, a limit may be placed on the amount of impervious area within
an aquifer overlay zone. As a result of the reduction in impervious area,
these properties will generate less runoff, and fewer pollutants will
be transported to groundwater and receiving waters.
Some land uses that can be detrimental to water
quality and are restricted in an aquifer overlay zone are:
· Fuel oil storage
· Gas stations
· Dumping of snow brought from outside the overlay zone
· Outdoor unenclosed or uncovered storage of road salt
· Landfills, solid-waste transfer stations, and recycling or composting
facilities. (5)
· Certain other industrial uses such as chemical laboratories
Agricultural
Overlay Districts -- Back
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Agricultural overlay districts exist to promote agricultural land uses,
protect prime soils, and prevent non-agricultural uses from negatively
impacting agriculture as the primary land use. (1)
As development spreads beyond existing urban areas, it is not unusual
to see “spots” of development scattered throughout a primarily
agricultural area. As these developments grow, and as municipal services
are extended to these areas, more of these “spots” pop up,
causing discontinuity in the primary land use and promoting urban sprawl.
(1) Land Use in Kinderhook (Web site)
http://www.berk.com/kinderhook/11.html
(2) Dodge County, WI Land Use Code
(5) Town of Hollis, New Hampshire Land Use Code
http://www.hollis.nh.us/zo2002.htm
Overlay District Regulations -- For more information regarding Wisconsin Overlay District regulations, link here.
Source for text in oval:
NR 115, NR 116, and NR 117, Wisconsin Administrative Code.