Areas regulated by this chapter shall include all the lands
(referred to herein as "shorelands") in the unincorporated areas of
Grant County which are:
A.
Within 1,000 feet of the ordinary high-water mark of navigable lakes,
ponds or flowages. [Section NR 115.03(8), Wis. Adm. Code] Lakes, ponds
or flowages in Grant County shall be presumed to be navigable if they
are listed in the Wisconsin Department of Natural Resources publication
FH-800 2009 "Wisconsin Lakes" book, available electronically at the
following website: http://dnr.wi.gov/lakes/lakebook/wilakes2009bma.pdf
or are shown on United States Geological Survey quadrangle maps (1:24,000
scale), or other zoning base maps.
B.
Within 300 feet of the ordinary high-water mark of navigable rivers
or streams, or to the landward side of the floodplain, whichever distance
is greater. [Section NR 115.03(8), Wis. Adm. Code] Rivers and streams
in Grant County shall be presumed to be navigable if they are designated
as perennial waterways or intermittent waterways on United States
Geological Survey quadrangle maps (1:24,000). Flood hazard boundary
maps, flood insurance rate maps, flood boundary-floodway maps, County
soil survey maps or other existing County floodplain zoning maps shall
be used to delineate floodplain areas.
C.
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(1m), Wis. Stats., applies.
(Section NR 115.02, Wis. Adm. Code) Shoreland zoning requirements
in annexed or incorporated areas are provided in §§ 61.353
and 62.233, Wis. Stats.
D.
Determinations of navigability and ordinary high-water mark location
shall initially be made by the Zoning Administrator. When questions
arise, the Zoning Administrator shall contact the appropriate office
of the Department for a final determination of navigability or ordinary
high-water mark. The County may work with surveyors with regard to
§ 59.692(1h), Wis. Stats.
E.
Under § 281.31(2m), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, this
shoreland zoning chapter does not apply to:
The most recent version of the Wisconsin Wetland Inventory as
depicted on the Department of Natural Resources Surface Water Data
Viewer is made part of this chapter. The maps can be viewed at: http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=Wetland.
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(1m), Wis. Stats.,
applies.
[Section 59.692(5), Wis. Stats.] 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.
[Section 59.692(2)(a), Wis. Stats.] This chapter shall not require
approval or be subject to disapproval by any town or town board.
B.
[Section 59.692(2)(b), Wis. Stats.] 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 provisions of the Grant County Comprehensive 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.
[Section 59.692(1d)(b), Wis. Stats.] This chapter may establish standards to regulate matters that are not regulated in Ch. NR 115, Wis. Adm. Code, but that further the purposes of shoreland zoning as described in § 316-3 of this chapter.
F.
[Section 59.692(1k)(a)1, Wis. Stats.] 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)
Requires any inspection or upgrade of a structure before the sale
or other transfer of the structure may be made.
G.
[Section 59.692(7), Wis. Stats.] The construction and maintenance
of a facility is considered to satisfy the requirements of a shoreland
zoning ordinance if the Department has issued all required permits
or approvals authorizing the construction or maintenance under Ch.
30, Ch. 31, Ch. 281, or Ch. 283, Wis. Stats. A "facility" means any
property or equipment of a public utility, as defined in § 196.01(5),
Wis. Stats., or a cooperative association organized under Ch. 185,
Wis. Stats., for the purpose of producing or furnishing heat, light,
or power to its members only, that is used for the transmission, delivery,
or furnishing of natural gas, heat, light, or power.
[Section 59.69(13), Wis. Stats.] 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. Adm. Code, and where the chapter's provision is unclear, the
provision shall be interpreted in light of the statute and Ch. NR
115 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 competent jurisdiction, the remainder of
this chapter shall not be affected.
