This article is adopted pursuant to the authorization in §§ 61.35,
61.351, 61.353, 87.30 and 281.31, Wis. Stats.
Uncontrolled use of the shoreland-wetlands and pollution of
the navigable waters of the Village would adversely affect the public
health, safety, convenience, and general welfare and impair the tax
base. The Legislature of Wisconsin has delegated responsibility to
all municipalities to:
A.
Promote the public health, safety, convenience and general welfare;
B.
Maintain the stormwater and floodwater storage capacity of wetlands;
C.
Prevent and control water pollution by preserving wetlands which
filter or store sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
D.
Protect fish, their spawning grounds, other aquatic life and wildlife
by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
F.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
A.
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the Village shall be in full compliance with the terms of this article and other applicable local, state or federal regulations. See § 435.14-07 of this article for the standards applicable to nonconforming uses. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this article.
B.
Municipalities and state agencies regulated. Unless specifically
exempted by law, all cities, villages, towns, and counties are required
to comply with this article and obtain all necessary permits. State
agencies are required to comply if § 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, Wis. Stats., applies.
C.
Abrogation and greater restrictions.
(1)
This article supersedes all the provisions of any municipal
zoning ordinance enacted under § 61.35, 62.23 or 87.30,
Wis. Stats., which relate to floodplains and shoreland-wetlands, except
that where another municipal zoning ordinance is more restrictive
than this article, that ordinance shall continue in full force and
effect to the extent of the greater restrictions, but not otherwise.
(2)
This article is not intended to repeal, abrogate or impair any
existing deed restrictions, covenants or easements. However, where
this article imposes greater restrictions, the provisions of this
article shall prevail.
D.
Interpretation. In their interpretation and application, the provisions
of this article shall be held to be minimum requirements and shall
be liberally construed in favor of the Village and shall not be deemed
a limitation or repeal of any other powers granted by the Wisconsin
Statutes. Where a provision of this article is required by a standard
in Ch. NR 117, Wis. Adm. Code, and where the provision of this article
is unclear, the provision shall be interpreted in light of the Ch.
NR 117, Wis. Adm. Code, standards in effect on the date of the adoption
of this article or in effect on the date of the most recent text amendment
to this article.
E.
Severability. Should any portion of this article be declared invalid
or unconstitutional by a court of competent jurisdiction, the remainder
of this article shall not be affected.
A.
Shoreland-wetland zoning maps. The following maps are hereby adopted
and made part of this article:
(1)
Wisconsin wetland inventory maps located on the WDNR Surface
Water Data Viewer (SWDV).
(2)
Floodplain zoning maps titled "Federal Emergency Management
Agency (FEMA) Federal Insurance Rate Maps (FIRM)" and dated March
17, 2003, for properties located in Winnebago County.
(3)
United States Geological Survey (USGS) maps located on the WDNR
Surface Water Data Viewer (SWDV).
(4)
Zoning Map titled "Village of Fox Crossing and Village of Fox
Crossing Zoning" adopted March 25, 2013, and as amended.
B.
District boundaries.
(1)
The Shoreland-Wetland Zoning Overlay District (SWO) includes
all wetlands in the Village which are five acres or more and are shown
on the Wisconsin wetland inventory map that has been adopted and made
a part of this article and which are:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in the Village
shall be presumed to be navigable if they are shown on the United
States Geological Survey quadrangle maps or other zoning base maps
which have been incorporated by reference and made a part of this
article.
(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. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this article. Floodplain zoning maps adopted in § 435.14-04A shall be used to determine the extent of floodplain areas.
(2)
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
district office of the WDNR for a final determination of navigability
or ordinary high-water mark.
(3)
When an apparent discrepancy exists between the Shoreland-Wetland Overlay District (SWO) boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the WDNR to determine if the Shoreland-Wetland Overlay District boundary as mapped is in error. If WDNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in § 435.14-04B(4) and (5), the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4)
Filled wetlands. Wetlands which are filled prior to the adoption
date of this article, the date on which the municipality received
final wetland inventory maps, in a manner which affects their wetland
characteristics to the extent that the area can no longer be defined
as wetland, are not subject to this article.
(5)
Wetlands landward of a bulkhead line. Wetlands located between
the original ordinary high-water mark and a bulkhead line established
prior to May 7, 1982, under § 30.11, Wis. Stats., are not
subject to this article.
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 the issuance of a zoning permit and which
may involve wetland alterations only to the extent specifically provided
below:
(1)
The practice of silviculture, including limited temporary water
level stabilization measures which are 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 the purpose of growing and harvesting cranberries;
(3)
The maintenance and repair of existing drainage systems to restore
preexisting levels of drainage, including the minimum amount of filling
necessary to dispose of dredged spoil, provided that the filling is
otherwise permissible 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, walkways,
observation decks and trail bridges built on pilings, including limited
excavating and filling necessary for such construction or maintenance;
(6)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning Overlay (SWO) District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in § 435.14-09C of this article; and
(7)
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
C.
Uses which are allowed upon the issuance of a conditional use permit, pursuant § 435.14-08, and which may include wetland alterations only to the extent specifically provided 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 provide access to uses permitted under § 435.14-05 of this article, provided that:
(a)
The road cannot, as a practical matter, be located outside the
wetland;
(b)
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 435.14-09C of this article;
(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,
provided that:
(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 the development
of public boat launching ramps, swimming beaches or the construction
of park shelters or similar structures is allowed;
(c)
The construction and maintenance of roads necessary for the uses permitted under this subsection is allowed only where such construction and maintenance meets the criteria in § 435.14-05C(1) of this article; 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 the purpose of improving wildlife
habitat or to otherwise enhance wetland values.
(4)
The construction and maintenance of electric and telephone transmission
lines, water and gas distribution lines and sewage collection lines
and related facilities and the construction and maintenance of railroad
lines, provided that:
(a)
The utility transmission and distribution 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 adverse impacts upon the natural functions of the wetland listed in § 435.14-09C of this article.
The lawful use of a building, structure or property which existed
at the time this article, or an applicable amendment to this article,
took effect and which is not in conformity with the provisions of
this article, including the routine maintenance of such a building
or structure, may be continued, subject to the following conditions:
A.
The shoreland-wetland provisions of this article authorized by § 61.351,
Wis. Stats., shall not limit the repair, reconstruction, renovation,
remodeling or expansion of a nonconforming structure or of any environmental
control facility related to such a structure in existence on the effective
date of the shoreland-wetland provisions. All other modifications
to nonconforming structures are subject to § 62.23(7)(h),
Wis. Stats.
B.
If a nonconforming use or the use of a nonconforming structure is
discontinued for 12 consecutive months, any future use of the building,
structure or property shall conform to this article.
C.
Any legal nonconforming use of property which does not involve the
use of a structure and which existed at the time of the adoption or
subsequent amendment of this article adopted under § 61.351
or § 62.231, Wis. Stats., may be continued although such
use does not conform to the provisions of this article. However, such
nonconforming use may not be extended.
D.
The maintenance and repair of nonconforming boathouses which are
located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
E.
Uses which are nuisances under common law shall not be permitted
to continue as nonconforming uses.
Conditional use permits may be granted pursuant to Article 6,
Division 3, Conditional Use Permits, and the following:
A.
Application. To secure information upon which to base its determination,
the Village Board may require the applicant to furnish, in addition
to the information required for a zoning permit, other pertinent information
which is necessary to determine if the proposed use is consistent
with the purpose of this article, such as dimensions and area of the
lot; location of any structures with distances measured from the lot
lines and center line of all abutting streets or highways; description
of any existing or proposed on-site sewage systems or private water
supply systems; location of the ordinary high-water mark of any abutting
navigable waterways; boundaries of all wetlands; existing and proposed
topographic and drainage features and vegetative cover; location of
floodplain and floodway limits on the property as determined from
floodplain zoning maps; location of existing or future access roads;
and specifications and dimensions for areas of proposed wetland alteration.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 435.14-05C of this article, the Village Board shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this article, as are necessary to further the purposes of this article as listed in § 435.14-02. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.
C.
Public hearings. A copy of such notice shall be mailed to the parties
in interest and the appropriate district office of the WDNR at least
10 days prior to all public hearings on issues involving shoreland-wetland
zoning.
D.
Decisions. A copy of such decision shall be mailed to the parties
in interest and the appropriate district office of the Department
within 10 days after the decision is issued.
The Village Board may alter, supplement or change the district
boundaries and the regulations contained in this article in accordance
with the requirements of § 62.23(7)(d)2, Wis. Stats., Ch.
NR 117, Wis. Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be submitted
to the appropriate district office of the WDNR within five days of
the submission of the proposed amendment to the Planning Commission;
B.
All proposed text and map amendments to the shoreland-wetland overlay
zoning regulations shall be referred to the Planning Commission, and
a public hearing shall be held after Class 2 notice as required by
§ 62.23(7)(d)2, Wis. Stats. The appropriate district office
of the WDNR shall be provided with written notice of the public hearing
at least 10 days prior to such hearing.
C.
In order to ensure that this article will remain consistent with
the shoreland protection objectives of § 281.31, Wis. Stats.,
the Village Board may not rezone a wetland in a Shoreland-Wetland
Zoning Overlay District, or any portion thereof, where the proposed
rezoning may result in a significant adverse impact upon any of the
following wetland functions:
(1)
Stormwater and floodwater storage capacity;
(2)
Maintenance of dry season stream flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(3)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against erosion;
(5)
Fish spawning, breeding, nursery or feeding grounds;
(6)
Wildlife habitat; or
(7)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types and habitat of endangered species.
D.
Where the district office of the WDNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in § 435.14-09C of this article, the WDNR shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the WDNR shall be provided with:
(1)
A copy of the recommendation and report, if any, of the Planning
Commission on a proposed text or map amendment within 10 days after
the submission of those recommendations to the Village Board.
(2)
Written notice of the action on the proposed text or map amendment
within 10 days after the action is taken.
F.
If the WDNR notifies the Planning Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in § 435.14-09C of this article, that proposed amendment, if approved by the Village Board, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the WDNR, as required by § 435.14-09E of this article. If within the thirty-day period the WDNR notifies the Village that the WDNR intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6) or § 61.351(6), Wis. Stats., is completed or otherwise terminated.
