Community Corner

Modifying Your Shoreline Property? Check Local Regulations First

Checking local zoning regulations is the first step for shoreline property owners considering major landscaping projects.

Spring is the time of year when shoreline property owners may think about their landscape plans, whether it is small maintenance tasks or major re-landscaping projects. When considering changes, it is important to review community shoreline buffer restrictions. Those regulations are most often part of a township, city, village or county zoning ordinance. Many Michigan communities with lakes or streams within their jurisdictions have these provisions and apply to new construction, additions and major landscape changes. A zoning permit may be required before major landscape projects can be started. County, state or federal regulations and permit requirements may also apply.

The best way to find out if a community has shoreline development restrictions is to contact the unit of government that administers zoning. In communities that are not zoned, the county building or planning department is a good starting point. Landscape contractors may or may not be familiar with local regulations.

The goals of local shoreline buffer regulations are to protect water quality and preserve critical shoreline habitat. Poorly designed shoreline landscapes with lawns to the shore can harm lakes and streams. Rainwater can more easily carry nutrients into the water that cause excessive weed and algae. Shallow-rooted plants may cause shorelines to erode, and ultimately wildlife habitats are destroyed. Even if your community does not require shoreline buffering you can still participate and feel good about doing your part for your neighborhood environment.

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While shoreline buffer regulations can differ quite a bit from community to community, there are at least three elements that are consistent among all regulations:

Undisturbed buffer areas

These provisions require that undisturbed, natural vegetation be maintained a certain distance from the shoreline. Lawns are not usually considered natural vegetation, although sometimes un-mowed grass is allowed. There’s quite a lot of variability between ordinances, with the buffer width being anywhere between 10 to 100 feet or more. A few communities have variable buffer width requirements depending on steepness and other factors. These regulations may permit some modification within the buffer areas to allow for access, views or beaches.

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Setbacks

This common type of regulation requires that buildings and accessory structures are constructed no closer than a defined distance from the shoreline. A structure as simple as a garden shed could be prohibited within the setback area. There could also be greater distance setbacks for nutrient sources such as septic drain fields.

Impervious surface maximums

Impervious surfaces, such as roofs, driveways, walkways and patios do not allow storm water to seep into the ground, and instead enable water to flow into a lake or stream, carrying with it nutrients and chemicals. Ordinances address this issue by limiting the percent of a parcel that can be impervious, typically 20 –30 percent. Impervious surface requirements are sometimes an issue with major re-landscaping projects that include “hardscape,” such as walkways and patios. Porous paving materials are commonly available that can be used to complying with impervious surface limitations.

Additional shoreline buffer zoning ordinance provisions may include:

Permitted species for planting

Since shoreline ordinance goals are intended to protect critical shoreline habitats, regulations may allow only native species to be planted. What “native” encompasses is defined within the ordinance. This restriction is especially important since many commonly planted landscape species are not native.

Vegetation removal

Removing trees, shrubs and other vegetation is usually prohibited or greatly restricted in shoreline buffer zones. There are usually exceptions for dead, dying or diseased plants, or for invasive species.  Trimming to allow filtered views is also usually allowed. Some communities require that a permit be obtained before removing vegetation.

Fertilizer and pesticide application

Fertilizer and pesticide application is regulated by state laws. The new phosphorus fertilization law, for example, prohibits phosphorus application adjacent to lakes and streams except in certain situations. Some local ordinances include additional restrictions on pesticide and fertilizer application, although their legality and enforceability may be questionable.

Site plan review

Site plan review is a procedure where a development plan and site drawing are reviewed by planning staff and/or the local planning commission. Most commercial and multi-family development requires site plan approval, although single family development may not require site plans. Some communities, however, require site plan approval for all construction or site modifications in shoreline districts.

Compliance with other local state and federal regulations
Many shoreline modifications require state, county or federal permits. For example, any construction activity that involves earthen work requires a local or county-issued soil erosion and sedimentation control permit. Nearly all shoreline modifications, such as seawalls, rock rip-rap or bio-engineered erosion controls require permits from the Michigan Department of Environmental Quality. Some local zoning ordinances reinforce these regulations by requiring that all applicable county, state and federal permits be obtained before construction begins.

The Michigan Natural Shorelines Partnership offers excellent resources to help landowners and landscapers maintain or build landscapes that protect water quality. A reprint from The Michigan Riparian magazine includes an example of zoning ordinance shoreline protection provisions.

(This article was written by Dean Solomon, Michigan State University Extension)


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