A Special Place to Live

How a "shoreline protection overlay" keeps it that way

Residential development on Michigan’s Great Lakes does not have to degrade the very resources that attract homeowners. Shoreline property owners and local governments can protect the land, water, and natural spaces they value by making sure new construction follows reasonable and proven standards for building on sensitive land.

The tool that helps communities to do this is called a “shoreline protection overlay.” The “shoreline protection” part of that title relates to protections that local communities customize for their particular type of shoreline. The “overlay” part relates to the fact that these requirements apply only to those activities that take place in areas the community identifies as valuable and
vulnerable.

A shoreline protection overlay is, therefore, a set of special considerations that apply only to unique shoreline resources. Current zoning remains the same. The overlay simply sits on top of the existing zoning ordinance’s land use requirements, and only in sensitive shoreline areas.

WHAT ABOUT PROPERTY RIGHTS?
Property owners are free to develop their land under a shoreline protection overlay. The overlay simply requires them to account, in their plans, for the unique and ecologically valuable nature of their coastline property. It does so by giving local governments a tool for guiding developers and making sure builders follow through on necessary precautions.

Rather than harm property owners, the overlay actually pays off for them in three ways:

1. PROPERTY VALUE ASSURANCE
The characteristic that most affects a shoreline parcel’s resale value, in addition to house value and size, is its intangible natural character. Property that sits on a stretch of lakeshore but feels crowded by neighboring homes protruding onto the beach is less desirable than lakefront property that feels secluded with filtered views of the lake through native trees.

The best protections against property value threats are requirements that owners set buildings back a reasonable distance from sensitive shoreline resources and maintain buffers of native vegetation.

2. DAMAGE PREVENTION
Some home builders forget to factor the powerful natural forces of the Great Lakes into their plans. High winds and waves continue to shape the coastline today, just as they have for ages. Homes are vulnerable to the dramatic effects of weather, as some people who built on the edges of steep bluffs overlooking the Great Lakes have learned. Wind and rain — and construction disturbance and stormwater runoff — can erode bluffs out from under residential foundations. The shoreline protection overlay helps landowners recognize and avoid such dangers.

3. QUALITY OF LIFE
Along with swimming and boating, most people would say they enjoy their lakefront property because of the beauty, including the privilege of sighting awe-inspiring wildlife.

Bald eagles, osprey, and other birds of prey nest and perch in shoreline trees. Other species of shore birds, such as loons, sandpipers, and piping plover, either live on or frequent the beach. Fox, deer, and bear also roam the woods and dunes of the coastline. These species are not at home in areas crowded with driveways.

A shoreline protection overlay ensures that everyone respects the natural character of the shoreline so that its beauty and wildlife can grace the lives of current and future visitors and residents.

C'MON ANOTHER LAW?
Existing laws do not protect all the beaches, dunes, and bluffs that coastal communities value. Neither do they address all the concerns coastal communities have, such as preserving scenic views and property values and maintaining wildlife habitat. Another significant problem is the fact that state and federal enforcement of these laws is often weak or sporadic.

A local shoreline protection overlay is a way, through existing zoning, for coastal communities to fill in the legal gaps and follow through on state and federal requirements. (See Filling the Protection Gaps)

Frequently Asked Questions


Q. Will I have to move my home or tear out my deck?

A. A shoreline protection overlay “grandfathers” existing structures; it exempts from the required setback distance anything built before the overlay goes into effect. The overlay would apply to future structures and activities, such as decks, boardwalks, and outbuildings.

Q. Will the overlay prevent me and my family from using the beach?

A. All property owners continue to have access to the beach.

Q. Do I lose my development rights?

A. The shoreline protection overlay allows all the land uses that the community’s current zoning ordinance allows. The overlay merely directs the manner of development.

Q. Can I still protect my property with a conservation easement?

A. Yes. Property owners who choose to keep their land off-limits to development forever can still work with organizations, called land conservancies, to put conservation easements into effect.