[HISTORY: Adopted by the Village Board of the Village of
Rothschild 5-14-2012. Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 61.35
and 61.351, Wis. Stats., for villages or §§ 62.23 and
62.231, Wis. Stats., for cities and §§ 87.30 and 281.31,
Wis. Stats.
Uncontrolled use of the shoreland-wetlands and pollution of
the navigable waters of the municipality would adversely affect the
public health, safety, convenience, and general welfare and impair
the tax base. The Legislature of Wisconsin has delegated responsibility
to all municipalities to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Maintain the stormwater and floodwater storage capacity of wetlands;
C.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
D.
Protect fish, their spawning grounds, other aquatic life and wildlife
by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
F.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 584-12 of this chapter for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
Unless specifically exempted by law, all cities, villages, towns,
and counties are required to comply with this chapter and obtain all
necessary permits. State agencies are required to comply if § 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.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35, 62.23 or 87.30, Wis. Stats.,
which relate to floodplains and shoreland-wetlands, except that where
another municipal zoning ordinance is more restrictive than this chapter,
that ordinance shall continue in full force and effect to the extent
of the greater restrictions, but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair any existing
deed restrictions, covenants or easements. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall
prevail.
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 municipality and shall not be deemed a limitation
or repeal of any other powers granted by the Wisconsin Statutes. Where
a provision of this chapter is required by a standard in Ch. NR 117,
Wis. Adm. Code, and where the provision of this chapter is unclear,
the provision shall be interpreted in light of the Chapter NR 117
standards in effect on the date of the adoption of this chapter or
in effect on the date of the most recent text amendment to this chapter.
The Marathon County shoreland zoning provisions in effect on
the date of annexation remain in effect and shall be administered
by the municipality for all areas annexed by the municipality after
May 7, 1982, unless any of the changes as allowed by § 59.692(7)(a)1
to 3, Wis. Stats., occurs. These annexed lands are described on the
municipality's Official Zoning Map. The Marathon County shoreland
zoning provisions are incorporated by reference for the purpose of
administering this section and are on file in the office of the Municipal
Zoning Administrator.
The following maps are hereby adopted and made part of this
chapter and are on file in the office of the Municipal Clerk:
A.
Wisconsin Wetland Inventory maps stamped "Final" on October 10, 1985.
B.
Floodplain maps titled "National Flood Insurance Program (NFIP) Flood
Insurance Rate Maps (FIRM)" and dated July 22, 2010.
C.
United States Geological Survey maps dated 1982 and 1993.
D.
Zoning maps titled "Village of Rothschild Zoning Map," dated February
2024.
[Amended 5-13-2024]
A.
The shoreland-wetland zoning district includes all wetlands in the
municipality which are five acres or more and are shown on the final
Wetland Inventory map that has been adopted and made a part of this
chapter and which 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 shown 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.
B.
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate district
office of the Wisconsin Department of Natural Resources (WDNR) 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 actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the WDNR to determine if the shoreland-wetland district boundary, as mapped, is in error. If WDNR 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 zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsections D and E, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
D.
Filled wetlands. Wetlands which are filled prior to August 17, 2000,
the date on which the municipality received final Wetland Inventory
maps, in a manner which affects their wetland characteristics to the
extent that the area can no longer be defined as wetland are not subject
to this chapter.
E.
Wetlands landward of a bulkhead line. Wetlands located between the
original ordinary high-water mark and a bulkhead line established
prior to May 7, 1982, under § 30.11, Wis. Stats., are not
subject to this chapter.
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 to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible 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, 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 adverse impacts upon the natural functions of the shoreland-wetland listed in § 584-21C of this chapter; and
(7)
The maintenance, repair, replacement and reconstruction 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 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 adverse impacts upon the natural functions of the wetland listed in § 584-21C of this chapter;
(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 are 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, piers, walkways, swimming beaches
or the construction of park shelters or similar structures are allowed;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet the criteria in Subsection C(1) of this section; 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, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines, provided that:
The lawful use of a building, structure or property which existed
at the time this chapter, or an applicable amendment to this chapter,
took effect and which is not in conformity with the provisions of
this chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
The shoreland-wetland provisions of this chapter authorized by § 61.351,
Wis. Stats., shall not limit the repair, reconstruction, renovation,
remodeling or expansion of a nonconforming structure or of any environmental
control facility related to such a structure in existence on the effective
date of the shoreland-wetland provisions. All other modifications
to nonconforming structures are subject to § 62.23(7)(h),
Wis. Stats., which limits total lifetime structural repairs and alterations
to 50% of current fair market value.
B.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to this chapter.
C.
Any legal nonconforming use of property which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this chapter adopted under § 61.351
or 62.231, Wis. Stats., may be continued although such use does not
conform to the provisions of this chapter. However, such nonconforming
use may not be extended.
D.
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
E.
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
The Administrator of Public Works (APW) is appointed Zoning
Administrator for the purpose of administering and enforcing this
chapter. The Zoning Administrator shall have the following duties
and powers. The Zoning Administrator shall:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
B.
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
C.
Keep records of all permits issued, inspections made, work approved
and other official actions.
D.
Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
E.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
F.
Investigate and report violations of this chapter to the appropriate
municipal planning agency and the District Attorney, Corporation Counsel
or Municipal Attorney.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 584-23 of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a zoning permit shall be made to
the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
(1)
General information.
(2)
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
(c)
Description of any existing or proposed on-site sewage systems
or private water supply systems;
(d)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(e)
Boundaries of all wetlands;
(f)
Existing and proposed topographic and drainage features and
vegetative cover;
(g)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps;
(h)
Location of existing or future access roads; and
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
C.
Expiration. All permits issued under the authority of this chapter
shall expire six months from the date of issuance.
A.
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied, until a certificate of compliance is issued by the Zoning
Administrator subject to the following provisions:
(1)
The certificate of compliance shall show that the building or premises
or part thereof and the proposed use thereof conform to the provisions
of this chapter.
(2)
Application for such certificate shall be concurrent with the application
for a zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after
notification of the completion of the work specified in the zoning
or conditional use permit, provided that the building or premises
and proposed use thereof conform to all the provisions of this chapter.
B.
The Zoning Administrator may issue a temporary certificate of compliance
for a building, premises or part thereof pursuant to rules and regulations
established by the municipal governing body.
C.
Upon written request from the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of adoption of this chapter certifying, after inspection,
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 584-10C of this chapter, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 584-2. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The municipal governing body may, by resolution, adopt fees
for the following:
Where a zoning permit or conditional use permit is approved,
an appropriate record shall be made by the Zoning Administrator of
the land use and structures permitted.
Where the conditions of a zoning permit or conditional use permit
are violated, the permit shall be revoked by the Board of Appeals.
The City Mayor or Village President shall appoint a Board of
Appeals under § 62.23(7)(e), Wis. Stats., consisting of
five members subject to confirmation by the municipal governing body.
The Board of Appeals shall adopt rules for the conduct of its business
as required by § 62.23(7)(e)3, Wis. Stats.
A.
Powers and duties. The Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(2)
Shall hear and decide applications for conditional use permits.
(3)
May authorize upon appeal a variance from the dimensional standards
of this chapter where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the terms of this chapter will result
in unnecessary hardship for the applicant;
(b)
The hardship is due to special conditions unique to the property
and is not self-created or based solely on economic gain or loss;
(c)
Such variance is not contrary to the public interest as expressed
by the purpose of this chapter; and
(d)
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
B.
Appeals to the Board. Appeals to the Board of Appeals may be taken
by any person aggrieved or by an officer, department, board or bureau
of the community affected by any order, requirement, decision, or
determination of the Zoning Administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the official whose
decision is in question, and with the Board of Appeals, a notice of
appeal specifying the reasons for the appeal. The Zoning Administrator
or other official whose decision is in question shall transmit to
the Board all the papers constituting the record on the matter appealed.
C.
Public hearings.
(1)
Before making a decision on an appeal or application, the Board of
Appeals shall, within a reasonable period of time, hold a public hearing.
The Board shall give public notice of the hearing by publishing a
Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time
and place of the hearing and the matters to come before the Board.
At the public hearing, any party may present testimony in person,
by agent or by attorney.
(2)
A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the WDNR at least 10 days prior
to all public hearings on issues involving shoreland-wetland zoning.
D.
Decisions.
(1)
The final disposition of an appeal or application for a conditional
use permit before the Board of Appeals shall be in the form of a written
decision made within a reasonable time after the public hearing and
signed by the Board Chairperson. Such decision shall state the specific
facts which are the basis of the Board's determination and shall either
affirm, reverse, or modify the order, requirement, decision or determination
appealed, in whole or in part, dismiss the appeal for lack of jurisdiction
or prosecution, or grant the application for a conditional use.
(2)
A copy of such decision shall be mailed to the parties in interest
and the appropriate district office of the WDNR within 10 days after
the decision is issued.
The municipal governing body may alter, supplement or change
the district boundaries and the regulations contained in this chapter
in accordance with the requirements of § 62.23(7)(d)2, Wis.
Stats., Ch. NR 117, Wis. Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the WDNR within five days of
the submission of the proposed amendment to the municipal planning
agency.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the municipal planning agency, and
a public hearing shall be held after Class 2 notice as required by
§ 62.23(7)(d)2, Wis. Stats. The appropriate district office
of the Department shall be provided with written notice of the public
hearing at least 10 days prior to such hearing.
C.
In order to ensure that this chapter will remain consistent with
the shoreland protection objectives of § 281.31, Wis. Stats.,
the municipal governing body may 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
wetland functions:
(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 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 and habitat of endangered species.
D.
Where the district office of the WDNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, the WDNR shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the WDNR shall be provided with:
(1)
A copy of the recommendation and report, if any, of the municipal
planning agency on a proposed text or map amendment within 10 days
after the submission of those recommendations to the municipal governing
body.
(2)
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
F.
If the WDNR notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the WDNR, as required by Subsection E(2) of this section. If within the thirty-day period the WDNR notifies the municipality that the WDNR intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.
Any development, building or structure or accessory building
or structure constructed, altered, added to, modified, rebuilt or
replaced or any use or accessory use established after the effective
date of this chapter in violation of the provisions of this chapter
by any person, firm, association, or corporation (including building
contractors or their agents) shall be deemed a violation. The Zoning
Administrator shall refer violations to the municipal planning agency
and the District Attorney, Corporation Counsel or Municipal Attorney
who shall prosecute such violations. Any person, firm, association,
or corporation who or which violates or refuses to comply with any
of the provisions of this chapter shall be subject to a forfeiture
of not less than $35 nor more than $500 per offense, together with
the taxable costs of such action. Each day of continued violation
shall constitute a separate offense. Every violation of this chapter
is a public nuisance and the creation thereof may be enjoined and
the maintenance thereof may be abated by action at suit of the municipality,
the state, or any citizen thereof pursuant to § 87.30(2),
Wis. Stats.
A.
For the purpose of administering and enforcing this chapter, the
terms or words used herein shall be interpreted as follows: words
used in the present tense include the future, words in the singular
number include the plural number, and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
(1)
(2)
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter shall have the meanings
indicated:
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principle
structure or use to which it is related and which is located on the
same lot as that of the principle structure or use.
As defined in § 30.01(1d), Wis. Stats., a permanent
structure used for the storage of watercraft and associated materials
and includes all structures which are totally enclosed, have roofs
or walls or any combination of structural parts.
Publication of a public hearing notice under Ch. 985, Wis.
Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
A use which is permitted by this chapter provided that certain
conditions specified in this chapter are met and that a permit is
granted by the Board of Appeals or, where appropriate, the planning
agency designated by the municipal governing body.
The Wisconsin Department of Natural Resources (WDNR).
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.01(1r), Wis. Stats., a structure
not actually used for navigation which extends beyond the ordinary
high-water mark of a navigable waterway and is retained in place either
by cables to the shoreline or by anchors or spudpoles attached to
the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state.
Under section § 281.31(2)(d), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 61.351 or 62.231,
Wis. Stats., and Ch. NR 117, Wis. Adm. Code, do not apply to lands
adjacent to farm drainage ditches if:
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state though
it may be dry during other seasons.
The point on the bank or shore up to which the presence and
action of surface water are so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
The Municipal Plan Commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
The zoning district, created in this chapter, comprised of
shorelands that are designated as wetlands on the Wetland Inventory
maps which have been adopted and made a part of this chapter.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
An authorization granted by the Board of Appeals to construct
or alter a building or structure in a manner that deviates from the
dimensional standards of this chapter.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
