[Amended 11-12-2019 by Ord. No. 18-2019; 12-21-2021 by Ord. No. 38-2021]
Filling, grading, lagooning, dredging, ditching, and excavating may be permitted only in accordance with the provisions of § NR 115.04, Wis. Adm. Code, the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to improve natural scenic beauty and minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
[Amended 11-12-2019 by Ord. No. 18-2019]
The filling, grading, lagooning, dredging, ditching, or excavating of any lands in the shoreland area requires a land use permit, unless otherwise exempt in this chapter. A project may be permitted in the shoreland area provided that:
A. 
It is not done within the shoreland vegetative buffer zone unless necessary for allowed vegetative activities, establishing or expanding the vegetative buffer, the construction of an exempt structure, to remove retaining walls to re-establish natural grade, or to repair natural shoreline damage. Natural shoreline damage must be repaired within one year of the damaging event.
[Amended 12-21-2021 by Ord. No. 38-2021]
B. 
It is done in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
C. 
Filling, grading, lagooning, dredging, ditching, or excavating in a Shoreland-Wetland District meets the requirements of § 338-18B and C of this chapter.
D. 
All applicable federal, state, and local authority is obtained in addition to a permit under this chapter.
E. 
Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover, or a bulkhead.
F. 
The slopes for the project site are less than 50% (1:2). Land disturbing activities in the shoreland area where the slope is equal to or greater than 50% (1:2) are prohibited.
[Amended 12-21-2021 by Ord. No. 38-2021]
G. 
For land disturbing activities that are on slopes less than 50% but greater than 12%, the land use permit shall not be issued until a construction site erosion control permit, designed in accordance with §§ 284-8B and 284-9B through D of the County's Construction Site Erosion Control and Stormwater Management Ordinance,[1] is obtained by the property owner from the Land Conservation Department.
[Added 12-21-2021 by Ord. No. 38-2021]
[1]
Editor's Note: See Ch. 284, Construction Site Erosion Control and Stormwater Management.
H. 
For land disturbing activities that are on slopes less than 12%, the land use permit shall not be issued until a construction site erosion control permit, designed in accordance with §§ 284-8B(1) through (5) and 284-9A of the County's Construction Site Erosion Control and Stormwater Management Ordinance, is obtained by the property owner from the Land Conservation Department.
[Added 12-21-2021 by Ord. No. 38-2021]
[Amended 11-12-2019 by Ord. No. 18-2019]
A. 
For any land disturbing activity of any area which is within 300 feet landward of the ordinary high-water mark of navigable water, a land use permit is required. Land disturbing activity includes but is not limited to filling, grading, lagooning, dredging, ditching, and excavating.
(1) 
A land use permit may be approved based upon:
(a) 
A stormwater management, erosion control, grading, and revegetation plan.
(b) 
Findings that the land disturbing activity will not result in:
[1] 
Impairment of natural wetland functions.
[2] 
Erosion or sedimentation to navigable water.
[3] 
Impairment of aquatic life.
[4] 
Unnecessary loss of native appearance or natural beauty of the shoreland.
[5] 
Restricting flood flows.
[6] 
Reducing the storage capacity of the floodplain.
B. 
For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.
(1) 
Where a DNR permit has been issued which meets the substantial concerns of this article, no land use permit will be required, unless this article is more restrictive.
[Amended 11-12-2019 by Ord. No. 18-2019]
In granting a permit under § 338-42, the County shall attach the following conditions, where appropriate, in addition to those provisions specified in § 338-63 or 338-64.
A. 
The smallest amount of bare ground shall be exposed for as short a time as feasible.
B. 
Temporary ground cover (such as mulch or jute netting) shall be used continually until permanent vegetative cover shall be established.
C. 
Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to contain soil and sediment and prevent it from leaving the project site.
D. 
Lagoons shall be constructed to avoid fish trap conditions.
E. 
Fill and excavations shall be stabilized according to soil type and accepted nonengineered and engineering standards as required by the Land Use Planning and Zoning Department.
F. 
Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.
G. 
Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter. The side slopes shall be promptly vegetated, unless bulkheads or riprap are provided.
H. 
On-site inspections may be required prior to excavation, during construction, and upon project completion. A completed application for land use permit authorizes the Department to visit and inspect the project site prior to permit issuance, during permit validity, and up to six months after permit expiration for compliance with the conditions of the permit and terms of this chapter.
I. 
Any other conditions intended to protect shorelines and minimize erosion, sedimentation, and the impairment of fish and wildlife habitat.
[Added 12-21-2021 by Ord. No. 38-2021]
A. 
Shoreline protection projects, which include land disturbing activities, authorized by a state permit.
B. 
Nonstructural projects, which include land disturbing activities, approved by County Land Conservation Department to remedy significant existing erosion problems may be allowed without a land use permit.