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Editor's Note: See § NR 115.04, Wis. Adm. Code.
This district shall include all shorelands within the jurisdiction of this chapter which are designated as wetlands on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer.
[Section NR 115.04(b)2. note, Wis. Adm. Code] Where an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the Wisconsin Wetland Inventory and actual field conditions, the County shall contact the Department to determine if the map is in error. If the Department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the County shall have the authority to immediately grant or deny a shoreland zoning permit in accordance with the applicable regulations based on the Department determination as to whether the area is wetland. In order to correct wetland mapping errors on the Official Zoning Map, an Official Zoning Map amendment must be initiated within a reasonable period of time.
This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds 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 that minimizes adverse impacts upon the wetland.
[Section NR 115.04(3)] The following uses shall be allowed, subject to general shoreland zoning regulations contained in this chapter, the provisions of Chs. 30 and 31 and § 281.36, Wis. Stats. and the provisions of other applicable local, state and federal laws:
A. 
Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tilling or excavating except as allowed under Subsections B or C.
(1) 
Hiking, fishing, trapping, hunting, swimming, 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 pasturing of livestock;
(4) 
The cultivation of agricultural crops;
(5) 
The practice of silviculture, including the planting, thinning, and harvesting of timber; and
(6) 
The construction or maintenance of duck blinds.
B. 
Uses which do not require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating but only to the extent specifically provided below:
(1) 
Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected;
(2) 
The cultivation of cranberries, including flooding, dike and dam construction or ditching necessary for the growing and harvesting of cranberries:
(3) 
The maintenance and repair of existing agricultural drainage systems, including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible;
(4) 
The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(5) 
The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and
(6) 
The maintenance, repair, replacement or reconstruction of existing town and County highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
C. 
Uses which require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:
(1) 
The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that:
(a) 
The road cannot as a practical matter be located outside the wetland;
(b) 
The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in § 520-16B;
(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.
(2) 
The construction or maintenance of nonresidential buildings, provided that:
(a) 
The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the Shoreland-Wetland District;
(b) 
The building cannot, as a practical matter, be located outside the wetland;
(c) 
Such building is not designed for human habitation and does not exceed 500 square feet in floor area; and
(d) 
Only limited filling or excavating necessary to provide structural support for the building is authorized.
(3) 
The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that:
(a) 
Any private development is used exclusively for the permitted use and the applicant has received a permit or license under Ch. 29, Wis. Stats., where applicable;
(b) 
Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in Subsection C(1)(a) through (d); and
(c) 
Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.
(4) 
The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines, provided that:
(a) 
The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
(b) 
Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in § 520-16B.
[Section NR 115.04(4), Wis. Adm. Code] Any use not listed in § 520-14A, B or C is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this chapter in accordance with § 520-16 of this chapter and § 59.69(5)(e), Wis. Stats.
A. 
For all proposed text and map amendments to the shoreland-wetland provisions of this chapter, the appropriate office with the Department shall be provided with the following:
(1) 
A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this chapter, within five days of the filing of such petition with the County Clerk. Such petition shall include a copy of the Wisconsin Wetland Inventory map adopted as part of this chapter describing any proposed rezoning of a shoreland-wetland;
(2) 
Written notice of the public hearing to be held on a proposed amendment at least 10 days prior to such hearing;
(3) 
A copy of the County Zoning Department's findings and recommendations on each proposed amendment within 10 days after the submission of those findings and recommendations to the County Board; and
(4) 
Written notice of the County Board's decision on the proposed amendment within 10 days after it is issued.
B. 
A wetland, or a portion thereof, in the Shoreland-Wetland District shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:
(1) 
Storm- and floodwater storage capacity;
(2) 
Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
(3) 
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4) 
Shoreline protection against soil erosion;
(5) 
Fish spawning, breeding, nursery or feeding grounds;
(6) 
Wildlife habitat; or
(7) 
Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in § NR 103.04, Wis. Adm. Code, which can be accessed at the following web site: http://www.legis.state.wi.us/rsb/code/nr/nr103.pdf.
C. 
If the Department notifies the County Zoning Department that a proposed text or map amendment to the shoreland-wetland provisions of this chapter may have a significant adverse impact upon any of the criteria listed in Subsection B, that amendment, if approved by the County Board, shall contain the following provision: This amendment shall not take effect until more than 30 days have elapsed after written notice of the County Board's approval of this amendment is mailed to the Department of Natural Resources. During that thirty-day period the Department of Natural Resources may notify the County Board that it will adopt a superseding shoreland ordinance for the County under § 59.692(6), Wis. Stats. If the Department does so notify the County Board, the effect of this amendment shall be stayed until the § 59.692(6), Wis. Stats., adoption procedure is completed or otherwise terminated.
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Editor's Note: See § NR 115.04(2), Wis. Adm. Code.