[Adopted 9-9-1997 (Ch. 11 of the 1997 Code)]
This article is adopted under the authority granted by § 92.17,
Wis. Stats.
The Pittsfield Town Board finds that agricultural activities
conducted in close proximity to surface water can pollute the Town
of Pittsfield's water resources and may result in actual or potential
harm to the health of residents and transients; to livestock, aquatic
life and other animals and plants; and to the property tax base of
the Town of Pittsfield.
The purpose of this article is to complement Chapter
36, Building Construction, and Chapter
275, Zoning, to regulate landowner activities within the approximately 86.4 miles of agricultural shoreland management area within the Town to prevent surface water pollution and thereby protect the health of Town of Pittsfield residents and transients, prevent the spread of disease, and promote the prosperity and general welfare of the citizens of the Town of Pittsfield.
This article applies to all lands and surface water in the Town
of Pittsfield that are in the agricultural shoreland management area,
as defined in this article. The Town of Pittsfield shall use United
States Geological Survey quadrangle maps, with a scale of 1:24,000,
to identify rivers, perennial streams, intermittent streams, lakes
and ponds included under the jurisdiction of this article. This article
does not apply to lands and surface waters within the boundaries of
a drainage district operated under Ch. 88, Wis. Stats.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Town of Pittsfield and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
Any conflict or inconsistency between this article and Brown
County's Shoreland Zoning Ordinance will be governed by the more restrictive
provision.
This article shall become effective upon adoption and publication
by the Town of Pittsfield and upon approval by the Department of Agriculture,
Trade and Consumer Protection.
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL USE
Has the meaning provided under § 91.01(2), Wis.
Stats. Uses under this definition include beekeeping, commercial feedlots,
dairying, egg and/or poultry production, floriculture, fish or fur
farming, forest and game management, grazing, livestock raising, orchards,
greenhouses and nurseries, grain, grass, mint and seed crops, raising
fruits, nuts and berries, sod farming, land idled under federal payment-in-kind
programs or the Conservation Reserve Program, participation in the
dairy-herd buyout program and vegetable raising.
AGRICULTURAL SHORELAND CORRIDOR
Land extending 20 feet from the top of the bank on each side
of a perennial stream or river, the center line of an intermittent
stream, or the ordinary high-water mark of any lake or pond shown
on a United States Geological Survey quadrangle map with a scale of
1:24,000.
AGRICULTURAL SHORELAND MANAGEMENT AREA
All land that is within 300 feet of the following features
as designated on United States Geological Survey quadrangle maps with
a 1:24,000 scale:
A.
The top of the bank of perennial streams or rivers.
B.
The ordinary high-water mark for ponds and lakes that are designated
by name.
C.
The center line of an intermittent stream.
BARNYARD
A feedlot, dry lot or any area, other than a pasture, where
animals have been or will be fed, confined, maintained or stabled
for a total of 45 days or more in any twelve-month period.
BEST MANAGEMENT PRACTICE
A practice included in the Technical Guide or an alternative
best management practice that the Department of Agriculture, Trade
and Consumer Protection determines to be the most effective, practicable
means of preventing or reducing soil erosion or pollution from agricultural
nonpoint sources to a level compatible with soil and water resource
objectives.
INTERMITTENT STREAM
A channel in which water does not flow continuously and that
is identified as an intermittent stream on the United States Geological
Survey quadrangle map with a scale of 1:24,000.
NOTICE OF AVAILABILITY OF FUNDS
A first-class letter, return receipt requested, mailed by
the Town of Pittsfield to the owner of the lands not meeting ordinance
standards, informing the owner of the availability of cost-share funds
under § 92.14, Wis. Stats.
NOTICE OF PROBLEM
A first-class letter, return receipt requested, mailed by
the Town of Pittsfield to the owner of the lands not meeting the ordinance
standards, informing the owner of the nature of the problem and the
necessary process to correct it.
ORDINARY HIGH-WATER MARK
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark. This may be erosion, absence of land plants, predominance of
aquatic plants, or other easily recognized characteristics.
PASTURE
Land with a permanent, uniform cover of grasses or legumes
used as forage for livestock. Pastures do not include areas where
supplemental forage feeding is provided on a regular basis.
PERENNIAL STREAM
A channel where water flows continuously and that is identified
as a perennial or permanent stream on the United States Geological
Survey quadrangle map with a scale of 1:24,000.
TECHNICAL GUIDE
The United States Department of Agriculture Natural Resources
Conservation Service Field Office Technical Guide that is currently
in effect.
VEGETATIVE BUFFER
An area within the agricultural shoreland corridor that is
maintained at a minimum level of 70% ground cover.
Variances from the requirements of this article may be granted
by the Town of Pittsfield Planning Commission based on any of the
following findings:
A. Staff are not available due to excessive workload to develop conservation
plans or schedules of implementation.
B. Cost-share funds have not been made available to the landowner or
operator as required under § 92.17(2m), Wis. Stats.
C. Severe weather or other catastrophic events beyond the control of
the landowner or operator make implementation impractical.
D. The installation or implementation of all component of the conservation
plan will not or does not result in complete compliance with this
article. A variance under this provision can only be granted if all
the components of the plan are installed or implemented.