All filling, rototilling, grading, lagooning, dredging, ditching
or excavating shall be done in accordance with a Planning and Zoning
Department approved erosion control and maintenance plan designed
to minimize erosion, sedimentation and impairment of fish and wildlife
habitat. Such activities may be permitted provided a design and maintenance
plan is submitted to the Planning and Zoning Department and approved
by the proper authority.
A state or federal permit may be required, in addition to a
permit under this chapter, if state or federal laws are applicable
to the filling, grading, lagooning, dredging, ditching or excavating
that is proposed.
A.
A special exception permit is required for any filling or grading
of any area which is within 300 feet of the ordinary high-water mark
and which has surface drainage toward the water and on which there
is either:
(1)
Any filling or grading on slopes of more than 20%.
(2)
Filling or grading of more than 1,000 square feet on slopes of 12%
to 20%.
(3)
Filling or grading of more than 2,000 square feet on slopes of less
than 12%.
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NOTE: In addition, a permit shall be obtained from the Department
of Natural Resources for any filling, grading or dredging of the bed
of a navigable body of water or where more than 10,000 square feet
of grading and/or filling is to be completed on the banks of any navigable
water body, as provided in § 30.19, Wis. Stats.
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B.
Exceptions to this section. A zoning permit may be obtained in lieu
of the special exception permit for:
(1)
Riprap or similar shoreline stabilization projects involving less
than 1,000 square feet of filling or grading, for which a permit has
been issued by the Department of Natural Resources.
(2)
The placement of sod or seed including site preparation outside the
thirty-five-foot buffer area.
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NOTE: Section 396-30A(3) does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways that are used for sediment retardation.
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A special exception permit shall be required before constructing, dredging or commencing work on an artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 500 feet of the ordinary high-water mark of a navigable body of water. The Board of Adjustment shall evaluate each application according to the standards as set out in § 396-84B and C of this chapter and may request the County Planning and Zoning Committee to make available expert assistance from those state and federal agencies which are assisting said district under a memorandum of understanding.
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NOTE: A permit shall be obtained from the Department of Natural
Resources under the provisions of § 30.19, Wis. Stats.
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In granting a special exception permit the Board may attach the following conditions, in addition to the provisions specified in § 396-84 of this chapter:
A.
That the smallest amount of bare ground be exposed for as short a
time as feasible.
B.
That temporary ground cover, such as mulch, be used and permanent
cover, such as sod, be planted.
C.
That diversions, silting basins, terraces and other methods to trap
sediment be used.
D.
That lagooning be conducted in such a manner as to avoid creation
of fish trap conditions.
E.
That fill is stabilized according to accepted engineering standards.
F.
That fill will not restrict a floodway or destroy the storage capacity
of a floodplain.
G.
That sides of a channel or artificial watercourse be stabilized to
prevent slumping.
H.
That sides of channels or artificial watercourses be constructed
with side slopes of two units horizontal distance to one unit vertical
or flatter, unless bulkheads or riprapping is provided.
I.
That a design and maintenance plan be submitted to the County for
approval.
