[Adopted 6-6-2005]
[Added 6-6-2005]
A. 
The shoreland-wetland zoning district includes all wetlands in the Village of Neshkoro which are five acres or more in size and are shown on the Wetland Inventory Map prepared by the Department for the Village of Neshkoro, which hereby is adopted and made a part of this chapter, and which wetlands are:
(1) 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are listed in the Department publication "Surface Water Resources of Marquette County" or are shown on the most recent United States Geological Survey Quadrangle Map for Neshkoro, which is hereby adopted and made part of this chapter, or other zoning base maps which have been incorporated by reference and made part of this chapter.
(2) 
Within 300 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 shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey Quadrangle Map for Neshkoro or other zoning base maps which have been incorporated by reference and made a part of this chapter. Floodplain zoning maps adopted in § 270-5 shall be used to determine the extent of floodplain areas.
B. 
Determinations of navigability and ordinary high-water mark location shall initially be made by the Building Inspector. When questions arise, the Building Inspector shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.
C. 
When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and the actual field conditions at the time the maps were adopted, the Building Inspector shall contact the appropriate district office of the Department to determine if the shoreland-wetland district boundary as mapped is in error. If Department staff concur with the Building Inspector that a particular area was incorrectly mapped as a wetland, the Building Inspector 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 official zoning maps, the Building Inspector shall be responsible for initiating a map amendment within a reasonable period.
D. 
Notwithstanding any other provision of law or administrative rule, this Article XI does not apply to lands adjacent to farm drainage ditches, if:
(1) 
Such lands are not adjacent to a natural navigable stream or river;
(2) 
Those parts of the drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) 
Such lands are maintained in nonstructural agricultural use.
The following uses are permitted, subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
A. 
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs.
(1) 
Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;
(2) 
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
(3) 
The practice of silviculture, including the planting, thinning and harvesting of timber;
(4) 
The pasturing of livestock;
(5) 
The cultivation of agricultural crops; and
(6) 
The construction and maintenance of duck blinds.
B. 
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below.
(1) 
The practice of silviculture, including limited temporary water-level-stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(2) 
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(3) 
The maintenance and repair of existing drainage systems, where permissible under § 30.20, Wis. Stats., to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Ch. 30, Wis. Stats., and that dredged spoil is placed on existing spoil banks where possible;
(4) 
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(5) 
The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(6) 
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in § 270-42A of this chapter; and
(7) 
The maintenance, repair, replacement and construction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
C. 
Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below.
(1) 
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under this section, provided that:
(a) 
The road cannot, as a practical matter, be located outside the wetland;
(b) 
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in § 270-42A;
(c) 
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
(d) 
Road construction activities are carried out in the immediate area of the roadbed only; and
(e) 
Any wetland alteration must be necessary for the construction or maintenance of the road.
(2) 
The construction and maintenance of nonresidential buildings, provided that:
(a) 
The building is used solely in conjunction with a use permitted in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;
(b) 
The building cannot, as a practical matter, be located outside the wetland;
(c) 
The building does not exceed 500 square feet in floor area; and
(d) 
Only limited filling and excavating necessary to provide structural support for the building is allowed.
(3) 
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
(a) 
Any private development allowed under this subsection shall be used exclusively for the permitted purpose;
(b) 
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
(c) 
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in Subsection C(1) above; and
(d) 
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
(4) 
The construction and maintenance of electric and telephone transmission lines and water, gas and sewer lines and related facilities and the construction and maintenance of railroad lines, provided that:
(a) 
The transmission and distribution lines and related facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
(b) 
Only limited filling or excavating necessary for such construction or maintenance is allowed; and
(c) 
Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in § 270-42A.
A. 
Any use not listed in § 270-40 is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 270-42 and Article VIII.
B. 
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.
A. 
Rezoning of a shoreland-wetland shall require amendment of the Final Wisconsin Wetland Inventory Map adopted in § 270-39A pursuant to procedures established in Article VIII. In order to ensure that any amendment will be consistent with the shoreland protection objectives of § 61.351, Wis. Stats., the Village shall not rezone a wetland in a Shoreland-Wetland Zoning District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:
(1) 
Stormwater and floodwater storage capacity.
(2) 
Maintenance of dry season stream flow or the discharge of groundwater to a 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) 
Fish spawning, breeding, nursery or feeding grounds;
(6) 
Wildlife habitat; or
(7) 
Areas of special recreational, scenic or scientific interest, including scarce wetland types of habitat of endangered species.
B. 
Upon notification of a proposed amendment as required by Article VIII, if the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection A, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
C. 
If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection A, that proposed amendment, if approved by the Village, shall not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by Article VIII. If, within the thirty-day period, the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under § 61.351(6), Wis. Stats., the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the Village Board decision on the proposed amendment shall advise the petitioner of the provisions of this section.
[Amended 10-4-2010]
Uncontrolled use of the shorelands and pollution of the navigable waters within the Village of Neshkoro would adversely affect the public health, safety, convenience, and general welfare and impair the tax base.
For the purpose of promoting the public health, safety, convenience and welfare, this chapter has been established to:
A. 
Further the maintenance of safe and healthful conditions and prevent and control water pollution through:
(1) 
Limiting structures to those areas where soil conditions will provide a safe foundation.
(2) 
Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities.
(3) 
Controlling filling and grading to prevent serious soil erosion problems.
B. 
Protect spawning grounds, fish and aquatic life through:
(1) 
Preserving wetlands and other fish and aquatic habitat.
(2) 
Regulating pollution sources.
(3) 
Controlling shoreline alterations, dredging and lagooning.
C. 
Control building sites, placement of structures and land uses through:
(1) 
Separating conflicting land uses.
(2) 
Prohibiting certain uses detrimental to the shoreland area.
(3) 
Setting minimum lot sizes and widths.
(4) 
Regulating side yards and building setbacks from waterways.
D. 
Preserve shore cover and natural beauty through:
(1) 
Restricting the removal of natural shoreland cover.
(2) 
Preventing shoreline encroachment by structures.
(3) 
Controlling shoreland excavation and other earthmoving activities.
(4) 
Regulating the use and placement of boathouses and other structures.
The title of this article shall be the "Shoreland Protection Ordinance of the Village of Neshkoro."
Areas regulated by this article shall include all shorelands in the Village of Neshkoro. Determinations of navigability and the ordinary high-water mark shall initially be made by the Building Inspector. When questions arise, the Building Inspector shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark. This article does not apply to lands adjacent to farm drainage ditches if:
A. 
Such lands are not adjacent to a natural navigable body of water;
B. 
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
C. 
Such lands are maintained in nonstructural agricultural use.
The use of any land or water; the size, shape and placement of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning or dredging of any lands; the cutting of shoreland vegetation; or the subdivision of lots shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see Article VI for standards applicable to nonconforming uses.) Buildings, signs and other structures shall require a permit unless otherwise expressly excluded by a provision of this chapter. Property owners, builders and contractors are responsible for compliance with the terms of this chapter.
Unless specifically exempted by law, all municipalities, towns and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply when § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.2022, Wis. Stats., applies.
The provisions of this chapter supersede all the provisions of any Village zoning ordinances which relate to shorelands, except those ordinances which are more restrictive than this chapter shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes.
The minimum dimensions of shoreland building sites shall be:
A. 
Unsewered lots. The minimum lot area shall be 24,000 square feet with a minimum lot width of 100 feet.
B. 
Sewered lots. The minimum lot area shall be 12,000 square feet with a minimum lot width of 90 feet.
C. 
Other lot dimensions. All other lot dimensions shall be as specified in the general Village Zoning Ordinance, Chapter 500.
A. 
Lots that abut on navigable waters. All buildings and structures, except piers, boat hoists and open fences, which may require a lesser setback, shall be set back at least 40 feet from the ordinary high-water mark of navigable waters.
B. 
Boathouses. Boathouses are not permitted within 40 feet of the ordinary high-water mark. All legally existing boathouses shall be subject to Article VI regulating nonconforming uses. Routine maintenance shall be permitted but shall not include improvements, such as installation of patio doors, plumbing, fireplaces, furniture, or any features inconsistent with or superfluous to the use of the structure for the storage of watercraft. No variance shall allow boathouses within 40 feet of the ordinary high-water mark.
A. 
Purpose. The purpose of tree and shrubbery cutting regulations applicable to the shoreland area is to protect scenic beauty, control erosion, and reduce effluent and nutrient flow from the shoreland. The provisions shall not apply to removal of dead, diseased or dying trees or shrubbery at the discretion of the property owner or to silvicultural thinning upon recommendation of a forester.
B. 
Shoreline cutting on all navigable bodies of water. Tree and shrubbery cutting in an area parallel to the ordinary high-water mark, and extending 35 feet inland from all points along the ordinary high-water mark, shall be limited in accordance with the following provisions:
(1) 
No more than 30 feet in any 100 feet, as measured along the ordinary high-water mark, may be clear-cut to the depth of the thirty-five-foot area.
(2) 
Natural shrubbery shall be preserved as far as practicable, and where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
C. 
Remedial action. In addition to any other enforcement actions the Village may take for violations of this chapter, the Village may require remedial action as set forth in this section.
(1) 
In order to restore functional values of a vegetative buffer, the buffer must consist of three layers: a ground cover, a shrub layer and a tree canopy. The restoration design will seek to reestablish all three layers. The entire damaged shoreland buffer area must be revegetated — no bare soil may remain.
(2) 
Trees and shrubbery removed in violation of this chapter shall be replaced with trees and shrubs native to this area in order to provide effective erosion runoff protection and preservation of natural beauty. Minimum restoration/replanting standards are as follows:
Layer
Minimum Number of Species
Overall Density
Trees
2
1 per 100 square feet
Shrubs
4
1.5 per 100 square feet
Ground cover plant plugs
1
70 per 100 square feet
Ground cover seeding
1
Seeding rates vary
(3) 
Trees shall have a minimum size at planting of two inches in diameter and be spaced a minimum of six feet to 10 feet apart, depending on species.
(4) 
Any planting utilized as part of a remedial action that is dead and/or dying must be replaced within 12 months in conformance with the minimum standards of remediation identified in this chapter.
D. 
Compliance. If a property owner refuses to comply with this chapter, the Village of Neshkoro reserves the right to bring the site into compliance and place a special charge against said property until all costs of compliance are paid.
E. 
Paths. Any path, road or passage within the thirty-five-foot area shall be constructed and surfaced so as to effectively control erosion.
F. 
Cutting more than 35 feet inland. From the inland edge of the thirty-five-foot area to the outer limits of the shoreland, the cutting of trees and shrubbery shall be allowed when accomplished using accepted forest management and soil conservation practices that protect water quality.
A. 
General standards. Filling, grading, lagooning, dredging, ditching or excavating that does not require a permit under Subsection B below may be permitted in the shoreland area, provided that:
(1) 
It is done in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
(2) 
Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets all applicable requirements of Article XI.
(3) 
All applicable federal, state and local authority is obtained, in addition to a permit under this chapter.
(4) 
Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or bulkhead.
B. 
Permit required. Except as provided in Subsection C below, a special exception permit is required:
(1) 
For any filling or grading of any area that is within 300 feet landward of the ordinary high-water mark of navigable water and that has surface drainage toward the water, and on which there is either:
(a) 
Any filling or grading on slopes of more than 20%.
(b) 
Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.
(c) 
Filling or grading of more than 2,000 square feet on slopes less than 12%.
(2) 
For any new construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway that is within 300 feet landward of the ordinary high-water mark of a navigable body of water, or where the purpose is the ultimate connection with a navigable body of water.
C. 
Soil conservation practices. Soil conservation practices, such as terraces, runoff diversions and grassed waterways that are used for erosion control, shall not require a permit under Subsection B when designed and constructed to Natural Resources Conservation Service technical standards.
D. 
Permit conditions. In granting a special exception permit under Subsection B, the Board of Appeals shall attach the following conditions, where appropriate, in addition to those specified in § 270-31G of this chapter:
(1) 
The smallest amount of bare ground shall be exposed for as short a time as feasible.
(2) 
Temporary ground cover (such as mulch or jute netting) shall be used, and permanent vegetative cover shall be established.
(3) 
Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.
(4) 
Lagoons shall be constructed to avoid fish trap conditions.
(5) 
Fill shall be stabilized according to accepted engineering standards.
(6) 
Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.
(7) 
Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical, or flatter, that shall be promptly vegetated, unless bulkheads or riprap are provided.