Exciting enhancements are coming soon to eCode360! Learn more 🡪
Green Lake County, WI
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (8) Index
Areas regulated by this chapter shall include all the lands, referred to herein as "shorelands," in the unincorporated areas of Green Lake County which are:
A. 
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages. Navigability of lakes, ponds, or flowages in Green Lake County shall be determined based on criteria established in Appendix A of this chapter and revisions thereto.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
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. Navigability of rivers and streams in Green Lake County shall be determined based on criteria established in Appendix A of this chapter and revisions thereto.
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, this chapter. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of Transportation are not subject to this chapter if § 30.2022(1), Wis. Stats., applies. 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 Use Planning and Zoning Department. When questions arise, the Land Use Planning and Zoning Department shall contact the appropriate office of the Department for a final determination of navigability or ordinary high-water mark. The County may work with surveyors in regard to § 59.692(1h), Wis. Stats.
E. 
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;
(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.
[Amended 11-12-2019 by Ord. No. 18-2019]
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. These maps may be viewed at: https://dnr.wi.gov/, keyword search "Surface water data." These maps may also be viewed from the GIS Viewer at the County's website: http://gis.co.green-lake.wi.us/.
The use of any land, the size, shape, and placement of lots and parcels, the use, size, type, and location of structures on lots and parcels, the installation and maintenance of water supply and waste disposal facilities, the filling, grading, lagooning, dredging of any lands, the cutting of shoreland vegetation, the subdivision of lots and parcels, 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. The property owner(s), or the contractor(s), under the direction of the property owner(s), 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.
When more restrictive, the provisions of this chapter supersede any provisions in a County zoning ordinance that solely relate to shorelands. Therefore, if a zoning standard of another ordinance 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 another ordinance adopted under a statute other than § 59.692, Wis. Stats., does not solely relate to shorelands and is more restrictive than this chapter, 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 § 338-3 of this chapter.
[Amended 11-12-2019 by Ord. No. 18-2019]
E. 
Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that requires any of the following:
[Amended 11-12-2019 by Ord. No. 18-2019]
(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) 
Requires 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 is considered to satisfy the requirements of a shoreland zoning ordinance if:
(1) 
The Department issued all required permits or approvals authorizing the construction or maintenance under Ch. 30, 31, 281 or 283, Wis. Stats.
(a) 
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.
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 Chapter 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.
If any portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.