Walworth County hears variance request to place fence inside shoreland setback; DNR raises legal concerns

Applicants Eric and Greta Wotowska asked the Walworth County Board of Adjustment on June 11 to approve a variance to construct a chain‑link fence inside the county's 75‑foot shoreland setback adjacent to a spring‑fed stream that flows toward Lake Como.

The request matters because the Department of Natural Resources told the board in a June 10 letter that, based on the materials provided, it “does not believe that this variance can satisfy all 3 criteria” required under state law for a shoreland variance, and the DNR said the board must consider cumulative public‑interest impacts on water quality and wildlife corridors.

At the hearing, Eric Wotowska said the lot is constrained by a roadway, a culvert and the stream and that strict enforcement of the 75‑foot setback “creates a practical difficulty and undue hardship.” He told the board the fence's “primary purpose is to create a secure perimeter to protect children and pets and deter theft and trespassing.” Town of Geneva plan…