[HISTORY: Adopted by the Village Board of the Village of
Grantsburg at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 61.35,
61.351, 87.30 and 281.31, Wis. Stats.
Uncontrolled use of the shoreland-wetlands and pollution of
the navigable waters of the municipality would adversely affect the
public health, safety, convenience, and general welfare and impair
the tax base. The Legislature of Wisconsin has delegated responsibility
to all municipalities to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Maintain the stormwater and floodwater storage capacity of wetlands;
C.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
D.
Protect fish, their spawning grounds, other aquatic life and wildlife
by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
F.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
The use of wetlands and the alteration of wetlands within the shoreland area of the Village of Grantsburg shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 575-14 of this chapter for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision 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 if § 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, Wis. Stats.,
apply.
A.
This chapter supersedes all the provisions of any municipal zoning
ordinance enacted under § 61.35 or 87.30, Wis. Stats., which
relate to floodplains and shoreland-wetlands, except that where another
municipal zoning ordinance is more restrictive than this chapter,
that ordinance shall continue in full force and effect to the extent
of the greater restrictions, but not otherwise.
B.
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.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the municipality and shall not be deemed a limitation
or repeal of any other powers granted by the Wisconsin Statutes. Where
a provision of this chapter is required by a standard in Ch. NR 117,
Wis. Adm. Code, and where the provision in this chapter is unclear,
the provision shall be interpreted in light of the Ch. NR 117 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.
Should any portion of this chapter be declared invalid or unconstitutional
for any reason by a court of competent jurisdiction, the remainder
of this chapter shall not be affected.
The Burnett County shoreland provisions in effect on the date
of annexation remain in effect administered by the municipality for
all areas annexed by the municipality after May 7, 1982. These annexed
lands are described on the municipality's Official Zoning Map. The
Burnett County shoreland zoning provisions are incorporated by reference
for the purpose of administering this section and are on file in the
office of the Village Zoning Administrator.
This chapter is adopted to maintain safe and healthful conditions,
to prevent and control water pollution, to protect fish spawning grounds,
fish and aquatic life and wildlife habitation, to preserve shore cover
and natural beauty and to control building and development in wetland
whenever possible. When development is permitted in a wetland, the
development should occur in a manner which minimizes adverse impacts
upon the wetland.
The following maps are hereby adopted and made a part of this
chapter and are on file in the office of the Village Clerk:
A.
The most recent version of the Wisconsin Wetland Inventory as depicted
on the Department of Natural Resources Surface Water Data Viewer which
can be viewed on the Department of Natural Resources website at dnr.wi.us
at https://dnrmaps. wi.gov/H5/?Viewer=SWEV.
C.
United States Geological Survey maps.
A.
The shoreland-wetland zoning district includes all wetlands in the Village of Grantsburg, Wisconsin, which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter in § 575-10 and which are within 1,000 feet at the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the Village of Grantsburg shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 575-10. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain zoning maps used to delineate floodplain areas which have been adopted by the Village of Grantsburg shall be used to determine the extent of floodplain areas in the Village.
B.
Determinations of navigability and ordinary high-water mark shall
initially be made by the Zoning Administrator. When questions arise,
the Zoning Administrator shall contact the appropriate district office
of the Department (DNR) for the final determination of navigability
or ordinary high-water mark.
C.
When an apparent discrepancy exists between the shoreland-wetland
district boundary shown on the official shoreland-wetland zoning maps
and the actual field conditions at the time the maps were adopted,
the Zoning Administrator shall contact the appropriate district office
of the Department to determine if the shoreland-wetland district boundary
as mapped is in error. If the Department staff concurs with the Zoning
Administrator that a particular area was incorrectly mapped as a wetland,
the Zoning Administrator shall have the authority to immediately grant
or deny a land use or building permit in accordance with the regulations
applicable to the correct zoning district. In order to correct wetland
mapping errors shown on the official shoreland-wetland zoning maps,
the Zoning Administrator shall be responsible for initiating a shoreland-wetland
map amendment within a reasonable period.
The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
A.
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
(1)
Hiking, fishing, trapping, hunting, swimming, snowmobiling 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 practice of silviculture, including the planting, thinning and
harvesting of timber;
(4)
The pasturing of livestock;
(5)
The cultivation of agricultural crops; and
(6)
The construction and maintenance of duck blinds.
B.
Uses which do not require the issuance of a zoning permit and which
may involve wetland alterations only to the extent specifically provided
below:
(1)
The practice of silviculture, including limited temporary water level
stabilization measures which are necessary to alleviate abnormally
wet or dry conditions that would have an adverse impact on the conduct
of silvicultural activities if not corrected;
(2)
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
(3)
The maintenance and repair of existing drainage ditches, where permissible under § 30.20, Wis. Stats., or other existing drainage systems (such as tiling) to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Ch. 30, Wis. Stats., and that dredged spoil is placed on existing spoil banks where possible;
(4)
The construction and maintenance of fences for the pasturing of livestock,
including limited excavating and filling necessary for such construction
or maintenance;
(5)
The construction and maintenance of piers, docks, walkways, observation
decks and trail bridges built on pilings, including limited excavating
and filling necessary for such construction or maintenance;
(6)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in § 575-23C of this chapter; and
(7)
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
C.
Uses which are allowed upon the issuance of a zoning permit and which
may include wetland alterations only to the extent specifically provided
below:
(1)
The construction and maintenance of roads which are necessary for
the continuity of the municipal street system, the provision of essential
utility and emergency services or to provide access to uses permitted
under this section, 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 impacts upon the natural functions of the wetland listed in § 575-23C of this chapter;
(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; and
(e)
Any wetland alteration must be necessary for the construction
or maintenance of the road.
(2)
The construction and maintenance of nonresidential buildings, provided
that:
(a)
The building is used solely in conjunction with a use permitted
in the shoreland-wetland district or for the raising of waterfowl,
minnows or other wetland or aquatic animals;
(b)
The building cannot, as a practical matter, be located outside
the wetland;
(c)
The building does not exceed 500 square feet in floor area;
and
(d)
Only limited filling and excavating necessary to provide structural
support for the building are allowed.
(3)
The establishment and development of public and private parks and
recreation areas, outdoor education areas, historic, natural and scientific
areas, game refuges and closed areas, fish and wildlife habitat improvement
projects, game bird and animal farms, wildlife preserves and public
boat launching ramps, provided that:
(a)
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
(b)
Only limited filling and excavating necessary for the development
of public boat launching ramps, swimming beaches or the construction
of park shelters or similar structures are allowed;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet the criteria in Subsection C(1) of this section; and
(d)
Wetland alterations in game refuges and closed areas, fish and
wildlife habitat improvement projects, game bird and animal farms
and wildlife preserves shall be for the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
(4)
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines, provided that:
The lawful use of a building, structure or property which existed
at the time this chapter, or an applicable amendment to this chapter,
took effect and which is not in conformity with the provisions of
this chapter, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair,
reconstruction, renovation, remodeling or expansion of a legal nonconforming
structure in existence at the time of adoption or subsequent amendment
of this chapter adopted under § 61.351, Wis. Stats., or
of an environmental control facility in existence on May 7, 1982,
related to that structure, is permitted under § 61.351(5),
Wis. Stats. Section 62.23(7)(h), Wis. Stats., applies to any environmental
control facility that was not in existence on May 7, 1982, but was
in existence on the effective date of this chapter or amendment.
B.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to this chapter.
C.
Any legal nonconforming use of property which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this chapter adopted under § 61.351,
Wis. Stats., may be continued although such use does not conform to
the provisions of this chapter. However, such nonconforming use may
not be extended.
D.
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
E.
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
The Zoning Administrator shall have the following duties and
powers. The Zoning Administrator shall:
A.
Advise applicants as to the provisions of this chapter and assist
them in preparing permit applications and appeal forms.
B.
Issue permits and certificates of compliance and inspect properties
for compliance with this chapter.
C.
Keep records of all permits issued, inspections made, work approved
and other official actions.
D.
Have access to any structure or premises between the hours of 8:00
a.m. and 6:00 p.m. for the purpose of performing these duties.
E.
Submit copies of decisions on variances, conditional use permits,
appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied to the appropriate
district office of the Department.
F.
Investigate and report violations of this chapter to the appropriate
municipal planning agency and the District Attorney or Municipal Attorney.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 575-25B of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a zoning permit shall be made to
the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these
regulations, the following information:
(1)
General information.
(2)
Site development plan. The site development plan shall be drawn to
scale and submitted as a part of the permit application and shall
contain the following information:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways;
(c)
Location of any existing or proposed on-site sewage systems
or private water supply systems;
(d)
Location of the ordinary high-water mark of any abutting navigable
waterways;
(e)
Location and landward limit of all wetlands;
(f)
Existing and proposed topographic and drainage features and
vegetative cover;
(g)
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps used to delineate floodplain
areas;
(h)
Location of existing or future access roads; and
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
C.
Expiration. All permits issued under the authority of this chapter
shall expire one year from the date of issuance.
A.
Except where no zoning permit or conditional use permit is required,
no land shall be occupied or used and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall
be occupied until a certificate of compliance is issued by the Zoning
Administrator subject to the following provisions:
(1)
The certificate of compliance shall show that the building or premises
or part thereof, and the proposed use thereof, conform to the provisions
of this chapter.
(2)
Application for such certificate shall be concurrent with the application
for a zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after
the completion of the work specified in the zoning or conditional
use permit, provided that the building or premises or proposed use
thereof conforms to all the provisions of this chapter.
B.
The Zoning Administrator may issue a temporary certificate of compliance
for a building, premises or part thereof, pursuant to rules and regulations
established therefor by the Village Board.
C.
Upon written request from the owner, the Zoning Administrator shall
issue a certificate of compliance for any building or premises existing
at the time of adoption of this chapter, certifying after inspection
the extent and type of use made of the building or premises and whether
or not such use conforms to the provisions of this chapter.
A.
Application. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Zoning Board of Appeals, following the procedures in § 575-22C, D and E for hearing and deciding appeals.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the permitted uses in § 575-12C of this chapter, the Zoning Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 575-2 of this chapter. Such conditions my include specifications for, without limitation because of specific enumeration: type of shore cover; erosion potential; increased side yard setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Zoning Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The Village Board may, by resolution, adopt fees for the following:
Where a zoning permit or conditional use permit is approved,
an appropriate record shall be made by the Zoning Administrator of
the land use and structures permitted.
Where the conditions of a zoning permit or conditional use permit
are violated, the permit shall be revoked by the Zoning Board of Appeals.
A.
Appointment. The Zoning Board of Appeals shall be appointed under § 19-2 of this Code of Ordinances and § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall adopt rules for the conduct of the business of the Zoning Board of Appeals as required by § 62.23(7)(e)3, Wis. Stats.
B.
Powers and duties. The Zoning Board of Appeals under this chapter:
(1)
Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(2)
Shall hear and decide applications for conditional use permits under
this chapter.
(3)
May authorize, upon appeal in specific cases, such variance from
the terms of this chapter as shall not be contrary to the public interest,
where owing to special conditions a literal enforcement of this chapter
will result in unnecessary hardship. In the issuance of a variance,
the spirit of this chapter shall be observed and substantial justice
done. No variance from the terms of this chapter shall be granted
which is contrary to the public interest. A variance may be granted
where, owing to special conditions, a literal enforcement of the provisions
of this chapter would result in unnecessary hardship. The granting
of a variance shall not have the effect of granting or extending any
use of property which is prohibited in that zoning district by this
chapter.
C.
Appeals to the Board. Appeals to the Zoning Board of Appeals may
be taken by any person aggrieved or by an officer, department, board
or bureau of the community affected by any order, requirement, decision
or determination of the Zoning Administrator or other administrative
official. Such appeals shall be taken within a reasonable time, as
provided by the rules of the Board, by filing with the official from
whom the appeal is taken and with the Zoning Board of Appeals a notice
of appeal specifying the reasons therefor. The Zoning Administrator
or other official from whom the appeal is taken shall transmit to
the Board all the papers constituting the record on which the appeal
action was taken.
D.
Public hearings.
(1)
Before making a decision on an appeal, the Zoning Board of Appeals
shall, within a reasonable period of time, hold a public hearing.
The Board shall give public notice of the hearing by publishing a
Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time
and place of the hearing and the matters to come before the Board.
At the public hearing, any party may appear in person, by agent or
by attorney and present testimony.
(2)
A copy of such notice shall be mailed to the parties in interest
and the appropriate district office of the Department at least 10
days prior to all public hearings on issues involving shoreland-wetland
zoning.
E.
Decisions.
(1)
The final disposition of an appeal, or application for a conditional
use permit, to the Zoning Board of Appeals shall be in the form of
a written decision, made within a reasonable time after the public
hearing, signed by the Board Chair. Such decision shall state the
specific facts which are the basis of the Board's determination and
shall either affirm, reverse or modify the order, requirement, decision
or determination appealed, in whole or in part, dismiss the appeal
for lack of jurisdiction or persecution, or grant the application
for a conditional use.
(2)
A copy of such decision shall be mailed to the parties in interest
and the appropriate district office of the Department within 10 days
after the decision is issued.
The Village Board may, from time to time, alter, supplement
or change the district boundaries and the regulations contained in
this chapter in accordance with the requirements of § 62.23(7)(d)2,
Wis. Stats., Ch. NR 117, Wis. Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the Department within five days
of the submission of the proposed amendment to the Village planning
agency.
B.
All proposed text and map amendments to the shoreland-wetland zoning
regulations shall be referred to the Plan Commission, and a public
hearing shall be held as required by § 62.23(7)(d)2, Wis.
Stats. The appropriate district office of the Department shall be
provided with written notice of the public hearing at least 10 days
prior to such hearing.
C.
In order to ensure that the shoreland protection objectives in § 281.31,
Wis. Stats., will be accomplished by the amendment, the Village Board
may not rezone a wetland in a shoreland-wetland zoning district, or
any portion thereof, where the proposed rezoning may result in a significant
adverse impact upon any of the following:
(1)
Stormwater and floodwater storage capacity;
(2)
Maintenance of dry season stream flow or 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)
Areas of special recreational, scenic or scientific interest, including
scarce wetland types and habitat of endangered species.
D.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, the Department shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the Department shall be provided
with:
(1)
A copy of the recommendations and report, if any, of the Plan Commission
on the proposed text or map amendment within 10 days after the submission
of those recommendations to the Village Board; and
(2)
Written notice of the Village Board's action on the proposed text
or map amendment within 10 days after the action is taken.
F.
If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Department, as required by Subsection E of this section. If within the thirty-day period the Department notifies the Village Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under § 61.351(6), Wis. Stats., the proposed amendment may not become effective until the ordinance adoption procedure under § 61.351(6), Wis. Stats., is completed or otherwise terminated.
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter by any person, firm, association or corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the Village Board and the Village Attorney who shall prosecute such violations. Any person, firm, association or corporation who or which violates or refuses to comply with any of the provisions of this chapter shall be subject to forfeiture as specified in § 1-4 of this Code, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
A.
For the purpose of administering and enforcing this chapter, the
terms or words used herein shall be interpreted as follows: words
used in the present tense include the future, words in the singular
number include the plural number, and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
REGIONAL FLOOD
SHORELAND-WETLAND DISTRICT
SHORELANDS
SPECIAL EXCEPTION or CONDITIONAL USE
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
As used in this chapter, the following terms shall have the meanings
indicated:
A detached subordinate structure or a use which is clearly
incidental to and customarily found in connection with the principal
structure or use to which it is related and which is located on the
same lot as that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., a structure
with one or more walls or sides that has been used for one or more
years for the storage of watercraft and associated materials, regardless
of the current use of the structure.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemental or replaced by other pollution
control facilities.
As defined in § 30.01(1r), Wis. Stats., a structure
not actually used for navigation which extends beyond the ordinary
high-water mark of a navigable waterway and is retained in place either
by cables to the shoreline or by anchors or spudpoles attached to
the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 281.31(2m), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 61.351, Wis. Stats.,
and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to
farm drainage ditches if:
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark, such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation or other easily recognized
characteristic.
The Village Plan Commission created under § 62.23(1),
Wis. Stats.
A flood determined to be representative or large floods known
to have generally occurred in Wisconsin and which may be expected
to occur or be exceeded on a particular stream, because of like physical
characteristics, once in every 100 years.
The zoning district, created in this chapter, comprised of shorelands that are designated as wetlands on the Wetlands Inventory Maps which have been adopted and made a part of this chapter as described in § 575-10 of this chapter.
Lands within the following distances from the ordinary high-water
mark of navigable waters: 1,000 feet from a lake, pond or flowage
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
A use which is permitted by this chapter provided that certain
conditions specified in this chapter are met and that a permit is
granted by the Zoning Board of Appeals or, where appropriate, the
planning agency designated by the Village Board.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with the restrictions governing area, setbacks, frontage, height or
density unnecessarily burdensome or unreasonable in light of the purpose
of this chapter.
An authorization granted by the Zoning Board of Appeals to
construct, alter or use a building or structure in a manner that deviates
from the dimensional standards of this chapter.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
