This chapter is adopted to maintain safe and healthful conditions,
to prevent and control water pollution, to protect fish spawning grounds,
fish and aquatic life and wildlife habitat, to preserve shore cover
and natural beauty and to control building and development in wetlands
whenever possible. When development is permitted in a wetland, the
development should occur in a manner which minimizes adverse impacts
upon the wetland.
[Amended 4-10-1986 by Ord. No. 145A; 8-10-1992 by Ord. No. 145B]
The following maps are hereby adopted and made a part of this
chapter and are on file in the office of the Clerk-Treasurer for the
City of Arcadia, Wisconsin: Wisconsin Wetland Inventory Map(s), stamped
"Final" on October 22, 1985, together with any and all amendments
thereto.
A.
The shoreland-wetland zoning district includes all wetlands in the City of Arcadia, Wisconsin, which are five acres or more and are shown on the final Wetland Inventory Map, together with any and all amendments thereto, that has been adopted and made a part of this chapter in § 406-10 and which are:
[Amended 8-10-1992 by Ord. No. 145B]
(1)
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the City of Arcadia shall be presumed to be navigable if they are listed in the Department publication "Surface Water Resources of Trempealeau County" or 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 in § 406-10 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 maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 406-10 of this chapter. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain zoning maps used to delineate floodplain areas which have been adopted by the City of Arcadia shall be used to determine the extent of floodplain areas in the City of Arcadia.
B.
Determinations of navigability and ordinary high-water mark shall
initially be made by the Zoning Administrator. When questions arise,
the Zoning Administrator 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 shoreland-wetland zoning maps
and the actual field conditions at the time the maps were adopted,
the Zoning Administrator shall contact the appropriate district office
of the 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 official shoreland-wetland zoning maps,
the Zoning Administrator shall be responsible for initiating a shoreland-wetland
map amendment within a reasonable period.
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 land use
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 land use 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 ditches, where permissible
under § 30.20, Wis. Stats., or of other existing drainage
systems (such as tiling) 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 § 406-23C 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 land use permit or
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 § 406-23C 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, 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 and water, gas and sewer distribution lines and related facilities,
provided that:
