The purpose of this article is to promote the
public health, safety, convenience and general welfare; to protect,
maintain, and enhance water quality characteristics; to prevent and
control water pollution; to prevent erosion and sedimentation; to
protect spawning grounds of fish and aquatic life; to control building
sites, placement of structures and land uses; and to preserve shoreland
cover and natural beauty. The standards set out in this article shall
apply in the district.
All shorelands within the boundaries set forth in § 625-4 (Jurisdiction) are included in one of the zoning districts created by this chapter and are subject to the applicable use provisions of this chapter as well as to the requirements of this article.
A.
Areas regulated by this article shall include all
lands which are:
(1)
Within 1,000 feet of the ordinary high-water mark of navigable lakes or ponds. Lakes or ponds within the boundaries set forth in § 625-4 (Jurisdiction) shall be presumed to be navigable. If evidence to the contrary is presented to the Department, the Department shall make the initial determination whether or not the lake or pond in question meets the definition of "navigable waters" of this chapter,[1] and the Department shall make the initial determination
of the location of the normal high-water mark.
(2)
Within 500 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams within the boundaries set forth in § 625-4 (Jurisdiction) shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter. If evidence to the contrary is presented, the Department shall make the initial determination whether the river or stream in question meets the definition of "navigable waters" of this chapter. The Department shall also make the initial determination of the location of the ordinary high-water mark. Flood Hazard Boundary Maps (or soil maps or other existing tribal or county maps used to delineate floodplain areas) which have been adopted by the Tribe shall be used to determine the extent of the floodplain of navigable waters.
B.
Locating shoreland-wetland boundaries. Where an apparent
discrepancy exists between the shoreland-wetland district boundary
shown on the MITW Geographic Information Systems Inventory maps and
actual field conditions at the time the maps were adopted, the Zoning
Administrator shall contact the appropriate district office of the
Army Corps of Engineers and the Director of the Environmental Services
Department to determine if the shoreland-wetland district boundary
as mapped is in error. If the Department staff concur with the Zoning
Administrator that a particular area was incorrectly mapped as a wetland,
the Zoning Administrator shall have the authority to immediately grant
or deny a land use or building permit in accordance with the regulations
applicable to the correct zoning district. In order to correct wetland
mapping errors shown on the MITW Geographic Information Systems Inventory
maps, the Zoning Administrator shall be responsible for initiating
a shoreland-wetland map amendment within a reasonable period of time.
[Amended 9-15-2022 by Ord. No. 22-41]
A.
The use of any land or water, the location of structures
on lots, the installation and maintenance of water supply and waste
disposal facilities, the filling, grading, lagooning, or dredging
of any land, the cutting of shoreland vegetation, and the subdivision
of lots shall be in full compliance with the terms of this chapter
and other applicable regulations. Structures, signs, private water
systems and sewage disposal systems shall require a permit unless
otherwise expressly excluded by the requirements of this chapter.
B.
Unless specifically exempted by law, all cities, villages,
towns and persons are required to comply with this article and obtain
all necessary permits.
A.
Designation. This district shall include all shorelands
within the jurisdiction of this article which are wetlands of five
acres or more and are designated as wetlands on the Wetlands Inventory
Maps stamped "Final" on December 17, 1985, for Menominee County and
labelled "Revised" on December 6, 1984, for Shawano County. The Wetlands
Inventory Maps were adopted and made part of this chapter and are
on file in the Department and this is now the MITW GIS inventory maps.
[Amended 9-15-2022 by Ord. No. 22-41]
B.
Permitted uses. The following uses shall be allowed,
subject to general provisions in this chapter, the provisions of other
applicable codes of the Menominee Indian Tribe, and the provisions
of applicable federal laws:
(1)
Activities and uses which do not require the
issuance of a construction permit under this article but which must
be carried out without filling, flooding, draining, dredging, ditching,
tilling, or excavating:
(a)
Hiking, fishing, trapping, hunting, swimming,
and boating.
(b)
The harvesting of wild crops, such as marsh
hay, ferns, moss, wild berries, wild rice, tree fruits and tree seeds,
in a manner that is not injurious to the natural reproduction of such
crops.
(c)
The practice of silviculture, including the
planting, thinning and harvesting of timber.
(d)
Wastewater treated effluent.
(e)
The construction and maintenance of duck blinds.
(2)
Uses which do not require the issuance of a
construction permit and which may involve filling, flooding, draining,
dredging, ditching, tilling, or excavating to the extent specifically
provided below:
(a)
Temporary water-level stabilization measures,
in the practice of silviculture, which are necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on the conduct of silviculture activities if not corrected.
(b)
Limited excavating and filling necessary for
the construction and maintenance of piers, docks and walkways built
on pilings.
(c)
Ditching, tilling, dredging, excavating, or
filling done to maintain or repair existing drainage systems necessary
for the cultivation of agricultural crops.
(d)
Soil conservation practices such as terraces
which are used for sediment retardation and water quality and approved
by the Natural Resources Conservation Service.
(3)
Uses which are allowed upon the approval of a conditional use permit by the committee and Tribal Legislature or conditional use contract by the Department as outlined in § 625-167:
(a)
The construction and maintenance of roads which
are necessary to conduct silviculture activities or are necessary
for agriculture cultivation, provided that:
[1]
An ACOE - 404 permit is attained, if required.
[2]
Application for a MITW Surface Water Permit in accordance with
Chapter 412.
[Added 9-15-2022 by Ord. No. 22-41]
[3]
The road cannot as a practical matter be located
outside the wetland.
[4]
The road is designed and constructed to minimize
the adverse impact upon the natural functions of the wetland and meets
the following standards:
[a]
The road shall be designed and
constructed as single-lane roadway with only such depth and width
to accommodate the machinery required to conduct agriculture and silviculture
activities.
[b]
Road construction activities are
to be carried out in the immediate area of the roadbed only.
[c]
Any filling, flooding, draining,
dredging, ditching, tilling, or excavating that is to be done must
be necessary for the construction or maintenance of the road.
(b)
The construction and maintenance of nonresidential
buildings used solely in conjunction with raising waterfowl, minnows
or other wetland or aquatic animals used solely for some other purpose
which is compatible with wetland preservation, if such building cannot
as a practical matter be located outside the wetland, provided that:
(c)
The establishment and development of public
and private parks and recreational areas, boat access sites, natural
and outdoor education areas, historic and scientific areas, wildlife
refuges, game preserves, and private wildlife habitat areas, provided
that:
[1]
Any private recreation area or wildlife habitat
area must be used exclusively for that purpose.
[2]
No filling is to be done.
[3]
Ditching, excavating, dredging, and dike and
dam construction may be done in wildlife refuges, game preserves and
private wildlife habitat areas, but only for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
(d)
The construction and maintenance of electric,
gas, telephone, water and sewer transmission and distribution lines,
and related facilities by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power, or water to their members, provided that:
[1]
The transmission and distribution lines and
related facilities cannot as a practical matter be located outside
the wetland.
[2]
Any filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance
and must be done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetlands.
(e)
The construction and maintenance of railroad
lines, provided that:
[1]
The railroad lines cannot as a practical matter
be located outside the wetland.
[2]
Any filling, excavating, ditching, or draining
that is to be done must be necessary for such construction or maintenance
and must done in a manner designed to minimize flooding and other
adverse impacts upon the natural functions of the wetland.
(f)
The maintenance, repair, replacement, and reconstruction
of existing roads, highways, and bridges.
A.
Purpose. The purpose of this section is to regulate
outhouses in order to protect water quality and neighboring properties
from conditions that threaten the public health and safety.
B.
Setbacks. The following outhouse setback requirements
are established for the Shoreland Overlay District:
(1)
The minimum setback from the ordinary high-water
mark shall be 100 feet.
(2)
The minimum side yard setback shall be 25 feet.
(3)
The minimum rear yard setback shall be 25 feet.
(4)
No outhouse shall be permitted within 30 feet
from the right-of-way.
(5)
No outhouse shall be permitted in the required
front yard for lots requiring a structure.
C.
Nothing in this section shall be construed as to prohibit
the establishment of performance standards for outhouses. On or before
the year 2000, chemical toilets and approved on-site sewage disposal
systems shall be the only allowable sewage treatment.
A.
Filling, dredging, grading, lagooning, ditching, and
excavating may be permitted only in accordance with the provisions
of additional tribal codes and ordinances and other federal laws where
applicable and only if done in a manner designed to minimize erosion,
sedimentation, pollution, and impairment of fish and wildlife habitat.
B.
The following activities require approval by the Department
by the issuance of a conditional use contract by which the applicant
and the Department agree to the methods to prevent erosion, sedimentation,
and pollution of the water body. If the applicant is unsatisfied with
the terms of the contract or the Department deems that a committee
hearing should be held, the application shall be handled as a conditional
use permit.
C.
A conditional use shall be approved based upon:
(1)
A construction plan which shall be submitted
to the Department based upon the Wisconsin Construction Site Best
Management Practice Handbook. The Environmental Services Department
and the Land Management Department shall review and make written recommendations
and issue required permits on the proposed construction plan.
[Amended 9-15-2022 by Ord. No. 22-41]
(2)
Permits issued by state, federal, and local
agencies.
(3)
Findings that the activity will not result in:
(a)
Impairment of natural wetland functions.
(b)
Erosion, sedimentation, or pollution.
(c)
Impairment of aquatic life.
(d)
Unnecessary loss of native appearance or natural
beauty of the shoreland.
(e)
Restricting flood flows.
(f)
Impact on adjacent or nearby navigable waters,
floodplains and floodways.
(g)
Reducing the storage capacity of the floodplain.
D.
The Department, departments, committee, or Tribal
Legislature may attach conditions to its approval to assure compliance,
including but not limited to:
(1)
Time limits for exposure of bare ground.
(2)
Hours of operation, including seasonal and weather
restrictions.
(3)
Use of temporary ground cover.
(4)
Use of sediment traps such as diversion terraces
and silting basins.
(5)
Use of riprap or other bank stabilization techniques.
(6)
Erosion control measures.
A.
Within 35 feet of the normal high-water mark, no more
than 30 feet in any 100 feet shall be clear cut, in conjunction with
the Menominee Urban Forestry Management Plan. In the remaining 70
feet, selective cutting of vegetation may be allowed that would not
result in shoreland erosion and leave sufficient cover to prevent
sedimentation and preserve natural appearance.
B.
In the remainder of the shoreland area, vegetation
cutting shall be accomplished using forestry and soil conservation
practices in compliance with required MITW plans and permits.
[Amended 9-15-2022 by Ord. No. 22-41]
C.
Dead, diseased or dying vegetation may be removed
with proper discretion in regard to the hazard (i.e., oak wilt disease,
etc.).
D.
Commercial harvesting of timber shall follow guidelines
established in the Menominee Forest Management Plan.
 |
A.
Structures shall be set back 75 feet from the ordinary high-water mark except as specified in Subsection D.
B.
Without supporting documentation, septic systems shall
require a setback of 100 feet from the ordinary high-water mark. Otherwise
septic systems shall be handled on a case-by-case basis and are subject
to Tribal Legislature approval upon recommendation from the committee.
C.
In zoning districts where residences are permitted,
a dwelling unit may be located within the required water setback,
provided that:
D.
Removable piers and docks, open stairways, boat tracks,
boat shelters, bridges and walkways are exempt from setback requirements.
Steps, landings, and walkways shall not exceed 48 inches in width.
Landings on a stairway cannot exceed 40 square feet in area and must
be separated a minimum of 10 feet horizontally. Canopies, roofs, benches,
seats, and tables are prohibited.
E.
Boathouses are a conditional use subject to Article XXIII (Conditional Use Permits) and cannot be constructed any closer than 10 feet to the ordinary high-water mark. No boathouse shall be used for human habitation or be constructed or placed below the ordinary high-water mark of any navigable water.
A.
Minimum area and width shall be the same as the underlying
district, provided that the following requirements are met:
B.
Substandard lots.
(1)
Substandard lots not served by public sewer.
A lot which does not contain the minimum area and width of this subsection
and is a lot of record may be developed if it meets the following
requirements:
(a)
It has a minimum width of 75 feet at the water
line and at the building site and has a minimum area of 10,000 square
feet.
(b)
The use is permitted in the Shoreland Overlay
District.
(c)
The lot has not been separated from an adjoining
parcel after the effective date of this chapter.
(d)
All yard and height requirements of both the
Shoreland Overlay District shall be met.
C.
The lot requirements of yard, height, and density
of the underlying zoning district shall be met.
The shoreland district shall not be rezoned
if such rezoning:
A.
Results in a significant adverse impact upon any of
the following:
(1)
Stormwater and floodwater storage capacity.
(2)
Maintenance of dry-season stream flow, the discharge
of groundwater to wetland, the recharge of groundwater from a wetland
to another area, or the flow of groundwater through a wetland.
(3)
Filtering or storage of sediments, nutrients,
heavy metals or organic compounds that would otherwise drain into
navigable waters.
(4)
Shoreline protection against soil erosion.
(5)
Spawning, breeding, nursery or feeding grounds
for aquatic life.
(6)
Wildlife habitat.
(7)
Areas of special recreational, scenic, or scientific
interest, including scarce wetland types.
B.
Is not in compliance or consistent with tribal law.
[Amended 9-15-2022 by Ord. No. 22-41]
