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Wisconsin's new Smart Growth law is the result of a major shift in attitudes about land use and development on the part of not only state legislators but also local government officials and developers. Rather than continuing to allow pure market forces to determine the pace and direction of development, Smart Growth legislation seeks to make growth planned, deliberate and agreed upon by all those affected by it. The new statues seek an increased level of public involvement in decisions affecting public resources.

The original impetus for this philosophical change was the struggle to find solutions for our declining urban centers and our disappearing stock of family farms. A predecessor law, the Land Recycling Act, encouraged re-use of blighted properties where infrastructure already existed and where unemployment rolls were growing. Its intended effect was to preserve attractive open spaces and to save tax dollars. This reuse also sought to keep small town centers viable through redevelopment, with close in industry and local farming on the perimeter.

These win/win concepts brought together an unusual mixture of former adversaries on land use, from local politicians to environmentalist to realtor associations, to farm organizations. They found that cooperation and careful planning led to more effective land use and manageable, yet profitable economic growth. It was this group of citizens along with their state legislators who developed the Smart Growth concept and pushed for the law changes to make it a reality.

The new law is really a recodification of Chapter 66, The General Municipality Law. The new provisions were effective on January 1, 2001. They call first for a "Comprehensive Plan" to be in place for each local government unit to be in place by January 1, 2010. After that date any action or program which a local government undertakes affecting land use, must be consistent with this "Comprehensive Plan."

Issues to be addressed in each "Comprehensive Plan" include overall objectives for future development, housing availability, transportation infrastructure, utilities and community facilities, management of cultural and natural resources, economic development, intergovernmental cooperation, public and private land use, and implementation strategies.

The day to day actions of local government that must be consistent with the plan include incorporations, annexations, boundary agreements, official mapping, sub-division regulation, zoning ordinances, erosion and runoff rules, and impact fee ordinances.

The state legislature also provided for a Planning Grant Program to encourage early efforts by local governments to develop their "Comprehensive Plans." Currently 400 communities are working on Smart Growth plans with financial help from the Planning grant Program. The State Department of Administration is charged with awarding these grants. A look at the preferred elements for a grant application gives a good indication of what the creators of the Smart Growth legislation were trying to encourage on the part of local governments. These preferred elements include addressing the interests of overlapping jurisdictions, redevelopment with existing infrastructure, provision of a range of transportation options, protection of natural areas and waterways, a balancing of individual property rights with community interest, provisions for adequate housing at all income levels, community identity with design standards, and above all plenty of public participation throughout the planning process.

The local governments working on Smart Growth plans range from progressive cities to sparsely populated northern counties and townships. In most cases they have pressing development issues which compelled them to begin the process. In some cases they wanted to take the lead in the planning process to gain control before other units of government or private parties could do the same. In every situation the critical and most difficult first step was public education and involvement. Consensus was hard to find, but interest was always high.

Where do we stand on local and county level on Smart Growth planning?

A recent interview with the Director of the Southeastern Wisconsin Regional Planning Commission provided some interesting insights. As you might expect he felt that a good deal of the planning called for in the Smart Growth legislation had already been done by his group. Much of Waukesha County has already been developed and re-developed according to the advisory plans that SEWRPC has provided and local governments have used to write their existing land use ordinances. The director sees the coordination of the new "Comprehensive Plans" developed by local governments as the difficult step in making Smart Growth work. It will be problematic for any local planning commission to influence neighboring plan commissions with new Smart Growth concepts if that neighbor already has established land use rules in place according to the suggested regional plan. This tough coordination job for Waukesha County will fall to the Director of Parks and Planning. His first objective will be to solicit input from local governments and citizens.

How can a village like Chenequa or a township like Merton best have an influence in the Smart Growth process?

By being active early in the process and by working constructively with each other and neighboring communities to bring land use issues to the public eye. By learning about local land use ordinances and offering Smart Growth concepts as solutions to tough planning questions and as the basis for improved land use ordinances. There is every reason for those interested in thoughtful land use to be involved today in the Smart Growth planning process.

Our lakes are special places for those who live on their shores. Among their prime assets are their natural beauty, wooded shoreline and clean water. Fortunately, landscaping a shoreline to enhance its natural beauty can also enhance a lake's water quality and wildlife habitat. One important conservation measure is to prevent run-off and erosion. This will keep the shoreline intact and the water clean.

Run-off can be filtered or re-directed in many ways. Among them is the creation of a buffer zone of approximately twenty feet or more of unmowed vegetation between the water and moved lawn. This can be simply unmown grass or it can be a combination of trees, shrubs, native wildflowers and groundcovers. A diversely planted buffer zone will be a more effective filter, however, because it will provide a denser network of stems and roots. The vegetation will filter the lawn's run-off and allow water to percolate through the soil.

Another bonus to planting a buffer zone of native plants is that it helps deter geese from congregating on a waterfront lawn. Geese lose their flight feathers in summer. At this time they can't fly away from any perceived danger. If tall plants block their path to and from the water, they'll be fearful of trespassing on lawns.

For the most natural looking landscape, select native herbaceous and woody plants suited to the specific site conditions. Examples of native shrubs are: Redosier Dogwood (cornus sericea), Winterberry (ilex verticillata), Cranberrygush Viburnum (viburnum tilobum), Oldfield Juniper (juniperus communis depressa) and Gro-low Fragrant Sumac (rhus aromatica 'Gro-Low').

Some of the herbaceous plants that will thrive and provide a colorful shoreline tapestry are Virginia Creeper (parthenocissus quinquefolia), Blue Flag Iris (iris versicolor), Black-eyed Susan (rudbeckia hirta), Royal Fern (osmunda regalis), Sensitive Fern (onclea sensibilis) and various sedges and grasses.

Many properties on our lakes are exposed to erosion caused by ice pressure or wave action. As the ice breaks up in spring, wind can puxh it against the shore causing the land to heave or be undercut. Waves, produced by winds or boats, can beat against the shore with damaging results.

A seawall will help to prevent erosion caused by these conditions. Again, a natural look is the objective. The ideal seawall is a loose arrangement of assorted sizes of fieldstones arranged on a 45-degree angle. The slope will allow the ice to slide over it and prevent the undercutting action of waves. Gaps can be left among the stones to allow pockets for plants. These plants will help break up the look of a man-made wall construction.

There are many reasons, then, for lake property owners to be conscious of the natural beauty of our lakes and to make an effort to resote or preserve what they are so lucky to have.

Judith Stark is a Landscape Architect who works and resides in the Lake Country. To contact Judy, please email her at judith_stark@msn.com.

Many people who are interested in helping to conserve the rural nature of our community have asked the Tall Pines Conservancy to explain various conservation techniques. ne technique that works well for individuals who can benefit from a tax deduction is the purchase by the individual of the land he or she desires to protect, with the subsequent grant of a Conservation Easement on that land to a qualified charitable land trust such as the CLC. The CLC has some experience with this conservation technique because it was one of the techniques used to preserve the Barkow property along the east side of Highway C in Chenequa.

The major advantages of this technique include the following:

1.	The purchased property remains under the ownership and control of the landowner donating the easement. The landowner can live on the land, sell it or pass it to heirs, subject to the restrictions on development set forth in the easement. Such restrictions are flexible, and can be written to meet the needs of the landowner while protecting to property's resources. For example, with a 20-acre parcel, the landowner can restrict development on all but five acres, preserving the open space and natural resources of the remaining 15.
2.	The donation of a Conservation Easement that meets the requirements of the tax code, which states the easement must be granted for certain preservation purposes, can quality as a tax-deductible gift. For example, if the previously referenced 20-acre parcel is worth $350,000 as four five-acre building sites prior to the placement of the easement, and $200,000 after placement of the easement which restricts development to one five-acre portion, the donor would quality for a $150,000 tax deduction. The amount and timing of the tax benefit would, of course, depend on the income and tax situation of the donor.
3.	The easement is permanent. Once donated, it remains in force when the property changes hands, with the easement's restrictions enforced by the land trust.
4.	There can be estate tax benefits because the property is included in one's estate at the lower value subject to the easement.

Anyone who uses this or any other conservation technique should, of course, seek advice from his or her own counsel to ensure their needs are met and their compliance with the various laws that are involved, including the tax laws. The information in this article is not intended nor should it be taken as legal or tax advice - but is intended to stimulate ideas you may want to pursue in meeting your conservation goals.

Because of a long tradition of protecting recreation lands, Wisconsin families and visitors can look forward to a summer biding on our trails, canoeing the Lower Wisconsin Riverway, fishing on our northern lakes, hiking the Kettle Moraine or camping in Door County. But with spring beckoning, the state could be taking a huge step backward in its commitment to long-term conservation.

The Warren Knowles-Gaylord Nelson Stewardship Fund, which ahs enjoyed bipartisan support in the Capitol and widespread support from Wisconsin citizens, has been targeted for a major needless funding cut. Stewardship is the state's long-term initiative to protect critical lands for recreation and conservation.

The 10-year-old Stewardship Fund, which accounts for less than 3/10 of one percent in the overall state budget, is facing a 40 percent reduction in the state Assembly budget adjustment bill. The move would slash $228 million from the fund, threatening spending land deals and existing commitments to scenic areas and environmentally sensitive parcels and would greatly limit land protection for the next eight years.

Because the Stewardship Fund is financed through long-term bonding, these cuts will save the state no more than $500,000 this year in borrowing costs. Yet, while having almost no impact on the current $1.1 billion budget shortfall, the cuts could prove devastating to efforts to protect Wisconsin's environment.

Since 1989, Stewardship has helped protect more than 225,000 acres in 71 of Wisconsin's 72 counties. Places we know and love like the Lower Wisconsin Riverway, stretches of the Ice Age Trail, the Willow Flowage, and, most recently, the Peshtigo River Frontage have all relied on Stewardship dollars.

In addition to direct state acquisition, Stewardship provides matching grants to local governments and nonprofit organizations such as land trusts to acquire sensitive lands, effectively doubling the amount of money available. To date, local governments and non-profits have raised more than $75 million to match the state's investment.

With land prices skyrocketing and urban sprawl taking its toll, this is no time to back away from our commitment to conservation. Unless the funding cuts are restored, we stand to lose our most precious natural resources - remaining wild lakes in northern Wisconsin, Great Lake shoreline and bluffs along the Mississippi River, unprotected stretches of the Kettle Moraine and incredibly rich wetland, prairies and oak savannas.

All of these provide recreational opportunities for hunters, anglers, fishers, hikers, bird watchers, and other outdoor enthusiasts, and ensure a high quality of life for all Wisconsin residents. And as anyone in the $7 billion state tourism industry will tell you, there are tremendous economic benefits from those who visit our conservation lands here each year.

Just as Governors Warren Knowles and Gaylord Nelson had the foresight to fight for our most treasured resources, it's now our turn to step forward for our children and grandchildren. Let's make sure our elected representatives don't compromise our legacy by needlessly cutting the Stewardship Fund.

Vicki Elkin is the Executive Director of Gathering Waters Conservancy, an umbrella group for the state's 45 local and regional land trusts and is the Vice-Chair of the Stewardship Advisory Council, appointed by the DNR Secretary to strengthen public-private partnerships to protect conservation lands.

Harald E. Jordahl is the Government Relations Director for The Nature Conservancy's Wisconsin Chapter and is a member of the Stewardship Advisory Council.