Unavoidable adverse impacts related to development will occur under either alternative. These impacts include the fragmentation and simplification of habitat due to land cover conversion, loss of agricultural land, alteration of scenic vistas, increased vehicular traffic with consequent degradation of air quality, increased fossil fuel consumption, and increased burdens on local government.

The proposed code would allow the use of soil absorption systems on sites with a minimum of six inches unsaturated in situ soil. Under the current code, unsewered development of sites with less than 24 inches in situ soil is allowed by use of holding tanks or experimental approvals only. This means that under the proposed code the unavoidable impacts on land resources and biological communities caused by development with onsite sewage system using soil absorption components could occur on sites not available for development with soil absorption systems under the current code. The proposed code will permit construction on smaller lots, in the absence of other restrictions. Thus, housing and population density in certain areas may increase more rapidly under the proposed code than under the current code.

Adverse impacts related to development can be reduced by land use planing and zoning. At the heart of most successful land use mitigation efforts lies an understanding by property owners, business persons, and local officials of the basics of comprehensive community planning and plan implementation. The Department of Commerce could enhance this understanding by sponsoring education efforts such as workshops and seminars directed toward those focus groups and by distributing educational materials related to land use planning and zoning developed by the University of Wisconsin Extension and other agencies.

Greater communication and coordination among citizens, interest groups, local units of government, regional planning commissions, and state agencies are likely to improve long-term land use planning. These efforts could include increased cooperation and planning between onsite sewage system regulators, municipal treatment districts, and land use authorities to ensure that development that occurs in an area is compatible with the capacity of the local environment to assimilate the wastes generated by the development. The Department of Commerce could take a more active role in working with the DNR and other entities in the wastewater treatment and disposal arena.

In Wisconsin, most regulatory powers related to development are exercised by counties and towns through zoning and ordinances. The Department of Commerce has no statutory powers to directly regulate land use patterns and development; therefore the primary administrators of land use regulation are the local governments. However, the Department’s onsite sewage system regulations have affected local development by restricting new unsewered development of some sites to the use of holding tanks. Removing the restrictions on onsite system type for those sites has significant local land use implications. Previous discussion with representatives of local government indicate some local concern regarding the political ability of local governments to implement and maintain land use controls in the absence of statewide restrictions of new onsite sewage systems other than holding tanks or experiments on sites with less than 24 inches in situ soil.

Future regulatory effort could be developed by local governments to specifically address the location, the type, and the density of unsewered development, and identify potential mitigation measures to minimize site-specific physical impacts of unsewered development. For example, one of the more adverse potential impacts identified is new housing construction in sensitive areas, particularly new dwellings constructed adjacent and into the interior of already fragmented forests. Lengthy driveways and construction of local roads can encourage this type of development, adding to the cumulative impacts of the proposed action. Local efforts to restrict driveway lengths and limit the construction on new public roads will help control the location of new development and the resulting adverse impact. These regulatory efforts would go far in preserving the resources sensitive to development impacts. Based on concerns raised, additional controls on the visual impacts of development may also be desirable for some areas. The Department of Commerce could promote planing efforts that consider the role and impacts of unsewered development by providing additional analysis to local governments, upon request, of the land use impacts of onsite sewage systems in specific areas.

Land acquisition is one the most direct means of protecting sensitive resources from the impacts of development. Although it is beyond the authority of the Department of Commerce to directly acquire land, the Department could lend support to other agencies and private organizations with the ability to acquire lands with unique resources that would be sensitive to the impacts of development with onsite sewage systems.

Burden on local governments will be mitigated under the proposed code by providing local governments with the option of banning certain systems indefinitely and delaying or limiting the issuance of sanitary permits for certain other systems for up to 18 months. The Department could also assist local governments with additional analyses of land use impacts of the proposed regulations and by sponsoring additional training, workshops, and other activities.

Other federal, state, and local agencies, as well as private organizations are encouraged to continue their land and biodiversity conservation efforts statewide or locally. For example, the DNR could continue acquiring land for state parks and/or natural areas. Private organizations such as the Nature Conservancy, could also continue acquiring land with unique biological characteristics for conservancy purposes.