A.
Areas regulated by this chapter shall include all the lands (referred
to hereinafter as shorelands) in the unincorporated areas of Pierce
County which are:
B.
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, local shoreland ordinances.
The construction, reconstruction, maintenance, or repair of state
highways and bridges carried out under the direction and supervision
of the Wisconsin Department of Transportation is not subject to local
shoreland zoning ordinances 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.
C.
Determinations of navigability and OHWM location shall initially
be made by the Zoning Administrator. When questions arise, the Zoning
Administrator shall contact the appropriate office of the Department
of Natural Resources (DNR) for a final determination of navigability
or OHWM. The Zoning Administrator may work with surveyors with regard
to § 59.692(1h), Wis. Stats.
D.
Under § 281.31(2m) Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, this
shoreland zoning ordinance does not apply to:
The most recent version of the Wisconsin Wetland Inventory as
depicted on the (DNR) Surface Water Data Viewer is made part of this
chapter.
The use of any land; the size, shape, and placement of lots;
the use, size, type, and location of structures on lots; the installation
and maintenance of water supply and waste disposal facilities; the
filling, grading, lagooning, and dredging of any lands; the cutting
of shoreland vegetation; and the subdivision of lots 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. Property owners, builders, and contractors 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.
The provisions of this chapter supersede any provisions in a
county zoning ordinance that solely relate to shorelands. In other
words, if a zoning standard 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 an ordinance
adopted under a statute other than § 59.692, Wis. Stats.,
does not solely relate to shorelands and is more restrictive than
this chapter, for example a floodplain ordinance, 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.
The following provisions of the Pierce County Zoning Ordinance are
hereby incorporated by reference. These provisions shall only apply
to the shoreland area where they impose greater restrictions than
this chapter otherwise imposes.
E.
This chapter may establish standards to regulate matters that are not regulated in Ch. NR 115 Wis. Admin. Code, but that further the purposes of shoreland zoning as described in § 242-3 of this chapter.
F.
Counties may not establish shoreland zoning standards in a shoreland
zoning ordinance that requires any of the following:
(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 prohibits or regulates outdoor lighting
in shorelands if the lighting is designed or intended for residential
use.
(2)
Any inspection or upgrade of a structure before the sale or other
transfer of the structure may be made.
G.
The construction and maintenance of a facility is considered to satisfy
the requirements of a shoreland zoning ordinance if the DNR has issued
all required permits or approvals authorizing the construction or
maintenance under Ch. 30, 31, 281, or 283.
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. Admin. Code, and where
the ordinance provision is unclear, the provision shall be interpreted
in light of the statute and Ch. NR 115 Wis. Admin. Code 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 contempt jurisdiction, the remainder of this
chapter shall not be affected.
