Unless exempt under §
242-23A, or reduced under §
242-24, a setback of 75 feet from the OHWM of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.
A. Exempt structures. All of the following structures are exempt from the shoreland setback standards in §
242-23:
(1) Boathouses located entirely above the OHWM and entirely within the
access and viewing corridor that do not contain plumbing and are not
used for human habitation. The roof of the boathouse may be used as
a deck, provided that:
(a)
The boathouse has a flat roof;
(b)
The roof has no sidewalls or screens; and
(c)
The roof may have a railing that meets the Department of Safety
and Professional Services standards.
(2) Open-sided and screened structures, such as gazebos, decks, patios,
and screenhouses in the shoreland setback area that satisfy the requirements
in § 59.692(1v), Wis. Stats.
(a)
The part of the structure that is nearest the water is located
at least 35 feet landward from the OHWM.
(b)
The floor area of all the structures in the shoreland setback
area will not exceed 200 square feet.
(c)
The structure has no sides or has open or screened sides.
(d)
The County must approve a plan that will be implemented by the
owner of the property to preserve or establish a vegetative buffer
zone that covers at least 70% of the half of the shoreland setback
area that is nearest to the water.
(3) Fishing rafts that are authorized on the Mississippi River under
§ 30.126, Wis. Stats.
(4) Broadcast signal receivers, including satellite dishes or antennas
that are one meter or less in diameter and satellite earth station
antennas that are two meters or less in diameter.
(5) Utility transmission and distribution lines, poles, towers, water
towers, pumping stations, well pumphouse covers, private on-site wastewater
treatment systems that comply with Ch. SPS 383, Wis. Admin. Code,
and other utility structures that have no feasible alternative location
outside of the minimum setback and that employ best management practices
to infiltrate or otherwise control stormwater runoff from the structure.
(6) Walkways, stairways, or rail systems that are necessary to provide
pedestrian access to the shoreline and are a maximum of 60 inches
in width.
(7) Devices or systems used to treat runoff from impervious surfaces.
B. Existing exempt structures. Existing exempt structures may be maintained,
repaired, replaced, restored, rebuilt and remodeled, provided that
the activity does not expand the footprint and does not go beyond
the three-dimensional building envelope of the existing structure.
Counties may allow expansion of a structure beyond the existing footprint
if the expansion is necessary to comply with applicable state or federal
requirements.
Buildings and structures to be constructed or placed in a floodplain
shall be required to comply with any applicable floodplain zoning
ordinance.