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.
A. 
Reduced principal structure setback. A setback less than the seventy-five-foot required setback from the OHWM shall be permitted for a proposed principal structure and shall be determined as follows:
(1) 
Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the OHWM, provided that all of the following are met:
(a) 
Both of the existing principal structures are located on adjacent lots or parcels to the proposed principal structure.
(b) 
Both of the existing principal structures are located within 250 feet of the proposed principal structure.
(c) 
Both of the existing principal structures are located less than 75 feet from the OHWM.
(d) 
The average setback shall not be reduced to less than 35 feet from the OHWM of any navigable water.
(2) 
Where this is an existing principal structure in only one direction, the setback shall equal the average of the distance the existing principal structure is set back from the OHWM and the required setback of 75 feet from the OHWM, provided that all of the following are met:
(a) 
The existing principal structure is located on an adjacent lot or parcel to the proposed principal structure.
(b) 
The existing principal structure is located within 250 feet of the proposed principal structure.
(c) 
The existing principal structure is located less than 75 feet from the OHWM.
(d) 
The average setback shall not be reduced to less than 35 feet from the OHWM of any navigable water.
Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance.