Building Permits and Zoning

PLC’s Guidelines for Evaluating Pickerel Lake Zoning Variances

 
The Pickerel Lake Conservancy has adopted guidelines for evaluating Pickerel Lake zoning variances (“Guidelines”). You will find the Guidelines at the end of this letter. The purpose of this explanatory letter is to discuss the purpose of the Guidelines and the reasoning behind them. The PLC Board adopted the Guidelines as part of the PLC’s ongoing mission to protect and improve the water quality at Pickerel. The Guidelines are the result of the PLC’s Shoreline Assessment Study and the PLC’s efforts to work with Day County regarding zoning issues at the lake. The Guidelines will be an important tool in fostering wise property development around the lake, and this will have a long-term and positive impact on Pickerel’s water quality.

The Shoreline Assessment Study commissioned by the PLC confirmed that over the last 10-15 years Pickerel has experienced increased and intense lakeshore development. This has resulted in substantial elimination of the natural shoreline buffer which an essential barrier preventing rain and snow runoff from carrying phosphorous, nitrogen and sediments into the lake. The Shoreline Assessment Study, like numerous research studies conducted by major universities and state and federal governmental agencies, concluded that intense shoreline development has a negative impact on water quality. Accordingly, controlling and limiting shoreline development is essential to safeguarding and promoting water quality.

The Day County Zoning Ordinances recognize this fact. Day County has established a “lake district” at Pickerel and other lakes to wisely regulate development, particularly in the sensitive shoreline area within 40 feet of the ordinary high water mark (OHWM). These zoning ordinances can be important in the effort to protect Pickerel’s water quality by limiting development near the shoreline and within the 40-foot setback zone. But to be useful, zoning ordinances must be used, i.e., enforced.

Recently, the Day County Commission and the Zoning Board have invited the PLC to provide input regarding variance requests at Pickerel. This is an important opportunity for the PLC to provide useful and thoughtful input regarding whether variance requests should be granted or disallowed. The goal is not to prevent development, but to encourage the right kind of development which is compatible with a healthy lake. It is against this background that the PLC has developed these Guidelines. They are important for several reasons. First, the PLC Board believes it is important to assess variance requests on a consistent basis using objective criteria. By developing these Guidelines, we have a better understanding of what factors to look at in evaluating a variance request, and we can use the same factors to assess each request. Second, the Guidelines will be helpful to Pickerel property owners because they will now know whether and under what circumstances the PLC will have concerns about, and may oppose, a variance request. We want the Guidelines to be a basis for initiating dialogue with property owners regarding their development projects.

Finally, we have submitted these Guidelines to the Day County Commission and the Zoning Board. We hope they will use the Guidelines in evaluating Pickerel Lake variance requests. There are several reasons why the PLC is opposed to development in the 40-foot setback zone, even though this kind of development has at times been permitted in the past. There are several reasons. In the past the direct relationship between development at or near the shoreline and declining water quality was not well understood, or not appreciated. But now we have a full understanding that development in this critical 40-foot shoreline zone directly impacts water quality. Further, the alarming decline in Pickerel’s water quality over the last few years is a call to action. We need to look at shoreline issues differently now and in light of better information and changing circumstances. And lastly, the vast majority of lake property can be developed and enjoyed in a way that protects the shoreline and does not negatively impact water quality. The Guidelines will be used by the PLC Board in evaluating the variance requests and will allow the PLC to decide what position to take on requests that affect the lake, particularly those that affect the 40-foot setback zone. We believe the Guidelines will be an important part of our continuing effort to promote carefully planned lakeshore development, protect the shoreline, and improve water quality.

The PLC’s mission is to protect Pickerel for ourselves and future generations. These Guidelines are an important step in promoting thoughtful development around the lake. We hope PLC members and all lake property owners will join us in this effort.

PLC’s Variance Request Guidelines

1) New Development in 40-Foot Setback Zone: As a general rule, construction of new cabins, decks, patios, garages or other similar structures within the 40-foot setback zone should be prohibited. This important area needs to be protected.

2) Redevelopment of ExistingStructures in 40-Foot Setback Zone: If a property owner requests a variance to redevelop an existing lake cabin or other structure within the 40-foot setback zone, the redevelopment should be limited to the footprint of the existing structure. Variance requests to expand existing structures within the 40-foot setback zone by building closer to shoreline should generally be denied. Expanding an existing cabin away from the shoreline is usually a good alternative option.

3) Construction Adjacent to OHWM: Construction at or near the OHWM is particularly disruptive and inevitably causes sediment and pollutants to enter the lake. Therefore, development at or immediately adjacent to the OHWM should be prohibited. This limitation would include boathouses and other similar structures. Most property owners around Pickerel store their boat on lifts. There is no good reason to allow construction at or immediately adjacent to the OHWM.

4) Repair of an existing Boathouse Located at the OHWM: Variance requests for repair or rehabilitation of existing boathouses or similar structures at or near the OHWM should be carefully evaluated, because this type of construction by its nature destroys the shoreline and adds pollutants to the lake. Recent high water levels have damaged some existing boathouses which are on the shoreline. A variance may be granted to rehabilitate an existing boathouse. New boathouse construction at or near the OHWM should be prohibited.

5) Shoreline Alteration: The vast majority of lake front lots at Pickerel already have lake access. Therefore, a variance request to alter the shoreline should be carefully scrutinized. “Clear cutting”, the total removal of existing natural shoreline, should be prohibited. In those rare situations where some alteration of the shoreline is necessary fro lake access, a variance can be approved, but input from South Dakota Game Fish & Parks should be obtained. In such situations, the property owner should be required to undertake remedial efforts by planting native plants and trees to lessen the impact of shoreline development.

6) Use of Sediment Control Devices During Construction: All construction projects and particularly those near the 40-foot setback zone must be required to use silt fences or other control devices to prevent sediment and pollutants from washing into the lake during the construction process.

Building Permits and Variances Explained

The owner or builder must secure a building permit from the Day County Planning and Zoning Administrator prior to any new construction, alteration, demolition or removal of any building (includes cabins/houses, garages, additions, outbuildings, storage buildings, swim/fish platforms, decks and boathouses). Before a building permit can be secured, the applicant must submit a plan for the proposed structure, together with a permit fee as required by the County. Property owners are advised to visit or contact the County office for a list of work requiring permits and obtain a copy of the Building Permit Application.

Variance Application

Further, a variance application must be filed with the Secretary of Planning and Zoning if the project does not comply with all Day County Planning and Zoning Ordinances. For example, if the answer is “No” to any of the following in regard to the project, a variance is required:

• Furthest protrusion at least 5′ from property or lot line?
• Construction is at least 30′ from access road?
• Location no closer than 40′ from established high water mark?
• Complies with all Day County Planning and Zoning Ordinances?

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