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Editor's Note: See § NR 115.05(1)(d), Wis. Adm. Code.
Filling, grading, lagooning, dredging, ditching and excavating may be permitted only in accordance with the provisions of § NR 115.04, Wis. Adm. Code, the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.
Filling, grading, lagooning, dredging, ditching or excavating which does not require a permit under § 316-33 may be permitted in the shoreland area, provided that:
A. 
It is not done within the vegetative buffer zone unless necessary for establishing or expanding the vegetative buffer or for the construction of an exempt structure.
B. 
It is done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat.
C. 
Filling, grading, lagooning, dredging, ditching or excavating in a shoreland-wetland district meets the requirements of § 316-14B and C of this chapter.
D. 
All applicable federal, state and local authority is obtained in addition to a permit under this chapter.
E. 
Any fill placed in the shoreland area is protected against erosion by the use of riprap, vegetative cover or a bulkhead.
Except as provided in § 316-32, a permit is required:
A. 
For any filling or grading of any area which is within 300 feet landward of the ordinary high-water mark of navigable water and which has surface drainage toward the water and on which there is either:
(1) 
Any filling or grading on slopes of more than 20%.
(2) 
Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.
(3) 
Filling or grading of more than 2,000 square feet on slopes less than 12%.
B. 
For any construction or dredging commenced on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of water.
In granting a permit under § 316-33, the County shall attach the following conditions, where appropriate, in addition to those provisions specified in § 316-53 or § 316-55.
A. 
The smallest amount of bare ground shall be exposed for as short a time as feasible.
B. 
Temporary ground cover (such as mulch or jute netting) shall be used and permanent vegetative cover shall be established.
C. 
Diversion berms or bales, silting basins, terraces, filter fabric fencing, and other methods shall be used to prevent erosion.
D. 
Lagoons shall be constructed to avoid fish trap conditions.
E. 
Fill shall be stabilized according to accepted engineering standards.
F. 
Filling shall comply with any local floodplain zoning ordinance and shall not restrict a floodway or destroy the flood storage capacity of a floodplain.
G. 
Channels or artificial watercourses shall be constructed with side slopes of two units horizontal distance to one unit vertical or flatter which shall be promptly vegetated, unless bulkheads or riprap are provided.