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 referenced in § 338-7.
A.
Locating Shoreland-Wetland boundaries. 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 land use 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.
The following uses shall be allowed subject to general shoreland
protection 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 land use permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling, or excavating except as allowed under Subsections A or B:
(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 hunting blinds.
B.
Uses which do not require the issuance of a land use 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 land use 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 § 338-20B;
(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 § 338-18C(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.
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 Land Use Planning and Zoning Committee'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 flood water 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 website: http://www.legis.state.wi.us/rsb/code/nr/nr103.pdf.
C.
If the Department notifies the Land Use Planning and Zoning Committee 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 § 338-20B of this chapter, 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) adoption procedure is completed or otherwise terminated."
