Areas regulated by this chapter shall include all the lands
(referred to herein as "shorelands") in the unincorporated areas of
Price County which are:
A. Within 1,000 feet of the ordinary high-water mark of navigable lakes,
ponds or flowages. [Section NR 115.03(8), Wis. Adm. Code] Lakes, ponds
or flowages in Price County shall be presumed to be navigable if they
are listed in the Wisconsin Department of Natural Resources publication
FH-800 2009 "Wisconsin Lakes" book, available electronically at the
following web site: http://dnr.wi.gov/lakes/maps, or are shown on
United States Geological Survey quadrangle maps (1:24,000 scale),
or other zoning base maps.
B. 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. [Section NR 115.03(8), Wis. Adm. Code] Rivers and streams
in Price County shall be presumed to be navigable if they are designated
as perennial waterways or intermittent waterways on United States
Geological Survey quadrangle maps (1:24,000). Flood hazard boundary
maps, flood insurance rate maps, flood boundary-floodway maps, county
soil survey maps or other existing county floodplain zoning maps shall
be used to delineate floodplain areas.
C. 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(1), Wis. Stats., applies.
(Section NR 115.02, Wis. Adm. Code) Shoreland zoning requirements
in annexed or incorporated areas are provided in § 61.353
and § 62.233, Wis. Stats.
D. Determinations of navigability and ordinary high-water mark location
shall initially be made by the Land Conservation and Zoning Administrator.
When questions arise, the Land Conservation and Zoning Administrator
shall contact the appropriate office of the Department for a final
determination of navigability or ordinary high-water mark.
E. Under § 281.31(2m), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, this
shoreland zoning ordinance 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;
(b)
Those parts of such drainage ditches adjacent to such lands
were not navigable streams before ditching; and
(2) Lands adjacent to artificially constructed drainage ditches, ponds
or stormwater retention basins that are not hydrologically connected
to a natural navigable water body.
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 http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=Wetland.
(Section NR 115.04, Wis. Adm. Code) 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, 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.
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 when § 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(1), Wis. Stats.,
applies.
[Section 59.692(5), Wis. Stats.] The provisions of this chapter
supersede any provisions in a County zoning ordinance that solely
relate to shorelands. In other words, 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. [Section 59.692(2)(a), Wis. Stats.] This chapter shall not require
approval or be subject to disapproval by any town or town board.
B. [Section 59.692(2)(b), Wis. Stats.] 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. The following provisions of the Price County Zoning Ordinance are
hereby incorporated by reference; these provisions shall only apply
to the shoreland area where they impose greater restrictions than
this chapter otherwise imposes.
E. [Section 59.692(1d)(b), Wis. Stats.] 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 §
520-3 of this chapter.
F. [Section 59.692(1k)(a)(1), Wis. Stats.] Counties may not establish
shoreland zoning standards in a shoreland zoning ordinance that requires
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 prohibits or regulates outdoor lighting
in shorelands if the lighting is designed or intended for residential
use.
(2) Requires any inspection or upgrade of a structure before the sale
or other transfer of the structure may be made.
[Section 59.69(13), Wis. Stats.] 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 ordinance 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.