(NOTE: Under § NR 117.05(2), Wis. Adm. Code, cities
and villages may permit, authorize as a conditional use or prohibit
the following uses of shoreland-wetlands.)
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 a zoning permit and which may involve wetland
alterations only to the extent specifically allowed below:
(1) The practice of silviculture, including limited temporary water level
stabilization measures 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 growing and harvesting cranberries;
(3) The maintenance and repair of existing drainage systems, where permissible
under § 30.20, Wis. Stats., 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 and walkways, observation
decks and trail bridges built on pilings, including limited excavating
and filling necessary for such activities;
(6) The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District if such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in §
152-16A of this chapter; and
(7) The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such activities.
C. Uses allowed with a zoning permit and which include wetland alterations
only to the extent specifically allowed 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 allow access to uses permitted under §
152-14, if:
(a)
The road cannot, as a practical matter, be located outside the
wetland;
(b)
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in §
152-16A 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 if:
(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 is 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 developing
public boat-launching ramps, swimming beaches or constructing park
shelters or similar structures is allowed;
(c)
Constructing and maintaining roads necessary for the permitted uses under this subsection is allowed only if such construction and maintenance meets the criteria in §
152-14C(1); 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 improving wildlife habitat or
to otherwise enhance wetland values.
(4) The construction and maintenance of electric and telephone transmission
lines and water, gas and sewer lines, and related facilities and the
construction and maintenance of railroad lines, provided that:
(a)
The transmission and distribution lines and related facilities
and railroad lines cannot, as a practical matter, be located outside
the wetland;
(b)
Only limited filling or excavating necessary for such construction
or maintenance is allowed; and
(c)
Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in §
152-16A.