Applicant seeks driveway culvert variance; DNR letter raises legal and environmental concerns, board delays decision

Kaylee Heider, who lives at 5279 Castro Lane in Omro, told the Winnebago County Board of Adjustment that she and her husband bought a rural-residential parcel they plan to build a home on but cannot reach the buildable area without crossing a navigable stream.

“We intend to construct a crossing in accordance with that approval and all applicable requirements,” Heider said, noting she had DNR paperwork showing approval for a culvert. She described the proposed culvert as a single 22-foot-long, 2-foot-diameter pipe and said the crossing would use erosion-control measures and an excavating contractor to protect the shoreline.

County staff read written correspondence dated Sept. 28, 2026, from the Wisconsin Department of Natural Resources shoreland zoning coordinator. The letter said, in part, that “the department does not believe the applicant has demonstrated meeting the 3 statutory criteria for granting of variance,” cited prior case law, and flagged potential environmental harms including changes in fish species, loss of wildlife habitat and increased runoff. Staff also noted the DNR’s general permit for a culvert crossing does not include an alternatives analysis and asked whether the southeast portion of the lot — where an adjacent property was previously developed — had been fully explored as an alternative.

Neighbors questioned whether the applicant had shown a true, unique hardship and raised concerns about shoreline degradation if the variance were granted. Robert A. Bates, speaking for nearby homeowners, urged denial and argued the request “fails to meet any of the 3 legal criteria required under Wisconsin law for a shoreline variance,” saying the proposed expansion would reduce the uniform character of the neighborhood.

Board members and staff indicated the DNR comments and local site history merited further review. The board did not take a formal vote on the variance request that evening; staff said a decision could come at the board’s next meeting (the board referenced Thursday, Oct. 8) and made the DNR correspondence and site materials available as public record.

The hearing record for this matter will include the applicant’s DNR permit paperwork and the written DNR comments read into the record.