Adams County, WI Article II General Provisions

§ 396-4 Areas to be regulated.

A. The provisions of this chapter apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when § 13.48(13), Wis. Stats., applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation is not subject to local shoreland zoning ordinances if § 30.2022(1m), Wis. Stats., applies. Shoreland zoning requirements in annexed or incorporated areas are provided in § 61.353 or § 62.233, Wis. Stats.

[Amended 4-17-2019 by Ord. No. 8-2019]

B. Determinations of navigability and ordinary high-water mark location shall initially be made by the Planning and Zoning Administrator. When questions arise, the Planning and Zoning Administrator shall contact the appropriate office of the Department of Natural Resources (DNR) for a final determination of navigability or ordinary high-water mark. Adams County may work with surveyors with regard to § 59.692(1h), Wis. Stats.

[Amended 4-17-2019 by Ord. No. 8-2019]

C. Areas regulated by this chapter shall include all the lands (referred to herein as "shorelands," "wetlands," "conservancy," "recreational-residential" and "general purpose") in the unincorporated areas of Adams County that are:

[Amended 6-20-2017 by Ord. No. 18-2017]

(1) Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in Adams County shall be presumed to be navigable as defined by this chapter if they are shown on United States Geological Survey (USGS) maps or are listed in the Wisconsin Department of Natural Resources publication FH-800 2009 "Wisconsin Lakes" book or other zoning base maps which have been incorporated by reference and made a part of this chapter in Article XIII of this chapter. If evidence to the contrary is presented, the County Planning and Zoning Administrator shall make the initial determination whether or not the lake, pond or flowage in question is navigable under the laws of this state. The County Planning and Zoning Administrator shall also make the initial determination of the location of the ordinary high-water mark. When questions arise, the County Planning and Zoning Administrator shall contact the appropriate area or district DNR office for a determination of navigability or ordinary high-water mark.

(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 in Adams County shall be presumed to be navigable as defined by this chapter if they are designated as either continuous or intermittent waterways on the USGS quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in Article XIII of this chapter. If evidence to the contrary is presented, the County Planning and Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under the laws of this state. The County Planning and Zoning Administrator shall also make the initial determination of the location of the ordinary high-water mark. When questions arise, the County Planning and Zoning Administrator shall contact the appropriate area or district DNR office for a determination of navigability or ordinary high-water mark. Flood Hazard Boundary Maps, Flood Insurance Study maps, soil maps or other existing County maps used to delineate floodplain areas, which have been adopted by Adams County, shall be used to determine the extent of the floodplain of rivers or streams in Adams County.

D. Under § 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, this chapter does not apply to:

(1) Lands adjacent to farm drainage ditches if:

(a) Such lands are not adjacent to a natural navigable stream or river; and

(b) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching.

(2) Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

E. Shoreland-wetland maps. The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer is made part of this chapter. The maps can be viewed at https://dnrmaps.wi.gov/H5/?Viewer=SWDV.

[Amended 4-17-2019 by Ord. No. 8-2019]

F. Critical habitat areas of County lakes as determined by the Wisconsin DNR maps and descriptions of these areas are available in the Adams County Land and Water Conservation Department. No alteration of these areas can occur without a permit from Adams County Planning and Zoning and the WDNR. In determining whether to grant a permit, preserving the designated area will be the paramount consideration. No permit will be issued for an activity that will degrade or alter the designated area in a manner so that it no longer serves the purpose for its original designation.

§ 396-5 Compliance required.

The use of any land; 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, and dredging of any lands; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. Buildings 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.

§ 396-6 Abrogation and greater restrictions.

The provisions of this chapter supersede any provisions in a County zoning ordinance that solely relate to shorelands. If a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this chapter supersedes those provisions. However, where an ordinance adopted under a statute other than § 59.692, Wis. Stats., does not solely relate to shorelands and is more restrictive than this chapter, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions.

A. This chapter shall not require approval or be subject to disapproval by any town or town board.

B. If an existing town ordinance relating to shorelands is more restrictive than this chapter or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise.

C. 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.

D. This chapter may establish standards to regulate matters that are not regulated in Ch. NR 115, Wis. Adm. Code, but that further the purposes of shoreland zoning as described in § 396-3 of this chapter.

E. Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that require any of the following:

(1) Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibit or regulate outdoor lighting in shorelands if the lighting is designed or intended for residential use.

(2) Any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

F. The construction and maintenance of a facility are considered to satisfy the requirements of a shoreland zoning ordinance if the Department has issued all required permits or approvals authorizing the construction or maintenance under Ch. 30, 31, 281, or 283, Wis. Stats.

NOTE: A "facility" means any property or equipment of a public utility, as defined in § 196.01(5), Wis. Stats., or a cooperative association organized under Ch. 185, Wis. Stats., for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery, or furnishing of natural gas, heat, light, or power.

§ 396-7 Interpretation.

In their interpretation and application, the provisions of this chapter shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. Where a provision of this chapter is required by statute and a standard in Ch. NR 115, Wis. Adm. Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the statute and Ch. NR 115 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.