This overlay 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
zoning regulations contained in this chapter, the provisions of Ch.
30, Ch. 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:
(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 duck 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 silviculture 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 silviculture 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 §
242-16B;
(c)
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use; and
(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 road is allowed only where such construction or maintenance meets the criteria in §
242-14C(1); 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)
The transmission and distribution facilities and railroad lines
cannot, as a practical matter, be located outside the wetland;
(b)
Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in §
242-16B.
Any use not listed in §
242-14A,
B, or
C is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this chapter in accordance with §
242-16 of this chapter and § 59.69(5)(e), Wis. Stats.