A.
Designation.
(1)
This district shall include all shorelands within the jurisdiction
of this chapter which are wetlands as shown on the Wisconsin Department
of Natural Resources Wetland Inventory Maps that are adopted and made
a part of this chapter. 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 https://dnrmaps.wi.gov/H5/?viewer=SWDV.
(2)
Locating shoreland-wetland boundaries. Where an apparent discrepancy
exists between the Shoreland-Wetland District boundary shown on the
Wisconsin Department of Natural Resources Wetland Inventory Maps and
actual field conditions at the time the maps were adopted, the Administrator
shall contact the appropriate regional office of the Department to
determine if the Shoreland-Wetland District boundary as mapped is
in error. If Department staff concurs with the Administrator that
a particular area was incorrectly mapped as a wetland, the Administrator
shall have the authority to immediately grant or deny a permit in
accordance with the regulations applicable to the correct zoning district.
The Administrator shall initiate a map amendment to correct the discrepancy.
[Amended 4-12-2023 by Ord. No. 2023-2]
B.
Purpose. This district is created to maintain safe and healthful
conditions, to prevent water pollution, to protect fish spawning grounds
and wildlife habitat, to preserve shore cover and natural beauty and
to control building and development in wetlands whenever possible.
When development is permitted in a wetland, the development should
occur in a manner that minimizes adverse impacts upon the wetland.
C.
Permitted uses. The following uses shall be allowed, subject to general
shoreland zoning regulations contained in this chapter, the provisions
of Chs. 30 and 31, Wis. Stats., and § 281.36, Wis. Stats.,
and the provisions of other applicable local, state and federal laws:
(1)
Activities and uses which do not require the issuance of a permit,
but which must be carried out without any filling, flooding, draining,
dredging, ditching, tiling or excavating, except allowed as follows:
[Amended 4-12-2023 by Ord. No. 2023-2]
(a)
Hiking, fishing, trapping, hunting, swimming and boating.
(b)
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.
(c)
The pasturing of livestock.
(d)
The cultivation of agricultural crops.
(e)
The practice of silviculture, including the planting, thinning
and harvesting of timber.
(f)
The construction or maintenance of duck blinds.
(g)
The maintenance of fences for the pasturing of livestock.
(h)
The maintenance of piers, docks, or walkways built on pilings.
(i)
The repair and maintenance of stormwater management facilities
under the direction of the Land and Water Conservation Division of
the Planning and Parks Department or other government agency. A complete
set of plans shall be submitted to the Planning and Parks Department
and approved prior to the start of construction.
(j)
The maintenance and repair of existing agricultural drainage
systems, including ditching, tiling, dredging, excavating and filling
necessary to maintain the level of drainage required to continue the
existing agricultural use. This includes the minimum filling necessary
for disposal of dredged spoils adjacent to the drainage system, provided
that the dredged spoils are placed on existing spoil banks where possible,
provided that the depth of ditch is not increased and three-to-one
side slopes are maintained and the dredged spoil is stabilized.
(2)
Activities and uses which do not require a County permit or County-imposed
mitigation, but may require compliance with state or federal wetland
regulations.
(a)
The replacement or reconstruction of existing town and County
highways, bridges and culverts, including limited excavating and filling
necessary for such maintenance, repair, replacement or reconstruction,
provided that Land Use and Planning Committee is given a complete
set of the construction and/or erosion control plans for new construction
or reconstruction and approves the plans prior to the start of construction.
(b)
For maintenance of roads and road ditches, the Wisconsin Best
Management Practices shall be followed.
(3)
Activities and uses which require the issuance of a permit under § 275-10 of this chapter and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below:
[Amended 4-12-2023 by Ord. No. 2023-2]
(a)
Temporary water level stabilization measures necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on silvicultural activities if not corrected.
(b)
The cultivation of crops as authorized in the Wisconsin Administrative
Code, including flooding, dike and dam construction or ditching necessary
for the growing and harvesting of cranberries, wild rice or other
similar agricultural products.
(c)
The construction of fences for the pasturing of livestock, including
limited excavating and filling necessary for such construction.
(d)
The construction of piers, docks or walkways built on pilings,
including limited excavating and filling necessary for such construction.
(e)
The construction of electric, gas, telephone, railroad lines,
water and sewer transmission and distribution facilities by public
utilities and cooperative associations organized for the purpose of
producing or furnishing heat, light, power or water. Construction
may be permitted, provided that:
(f)
The construction and maintenance of private roads which shall
include driveways which are necessary to conduct silvicultural activities
or agricultural cultivation, and the maintenance only of other existing
private driveways, provided that:
[1]
The private driveway cannot, as a practical matter, be located
outside the wetland.
[2]
The private driveway is designed, constructed and maintained to minimize adverse impact upon the natural functions of the wetland enumerated in Subsection E(2) of this section.
[3]
The private driveway is designed, constructed and maintained
with the minimum cross-sectional area practical to serve the intended
use.
[4]
Private driveway construction and maintenance activities are
carried out in the immediate area of the private driveway bed only.
(g)
The construction or maintenance of nonresidential structures,
provided that:
[1]
The structure is essential for and used solely in conjunction
with the raising of waterfowl, minnows or other wetland or aquatic
animals; or some other use permitted in the Shoreland-Wetland District.
[2]
The structure cannot, as a practical matter, be located outside
the wetland.
[3]
Such structure is not designed for human habitation and does
not exceed 450 square feet in floor area.
[4]
Only limited filling or excavating necessary to provide structural
support for the structure is authorized.
(h)
The establishment of public and private parks and recreation
areas, natural and outdoor education areas, historic and scientific
areas, wildlife refuges, game bird and animal farms, fur animal farms,
fish hatcheries, and public boat launching ramps and attendant access
roads, provided that:
[1]
Any private development is used exclusively for the permitted
use and the applicant has received a County permit or license under
Ch. 29, Wis. Stats., where applicable.
[2]
Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in Subsection C(3)(g)[1] through of this section.
[3]
Ditching, excavating, dredging or dike and dam construction
in public and private parks and recreation areas, natural and outdoor
education areas, historic and scientific areas, wildlife refuges,
game bird and animal farms, fur animal farms and fish hatcheries is
allowed only for the purpose of improving wildlife habitat and to
otherwise enhance wetland values.
E.
Rezoning of lands in the Shoreland-Wetland District.
(1)
For all proposed text and map amendments to the shoreland-wetland
provisions of this chapter, the appropriate regional office of the
Department shall be provided with the following:
(a)
A copy of every petition for a text or map amendment to the
shoreland-wetland provisions of this chapter, within five days of
the filing of such petition with the Administrator, which shall include
a copy of the Wisconsin Wetland Inventory Map adopted as a part of
this chapter, describing the proposed rezoning.
(b)
Written notice of the public hearing to be held on a proposed
amendment at least 10 days prior to such hearing.
(c)
A copy of the Land Use and Planning Committee findings and recommendations
on each proposed amendment within 10 days after the submission of
those findings and recommendations to the County Board.
(d)
Written notice of the County Board's decision on the proposed
amendment within 10 days after it is issued.
(2)
A wetland, or a portion thereof, in the Shoreland-Wetland District
shall not be rezoned if the proposed rezoning may result in a significant
adverse impact upon any of the following:
(a)
Storm and floodwater storage capacity.
(b)
Maintenance of dry-season stream flow, 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.
(c)
Filtering or storage of sediments or other human-influenced
pollutants, including nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters.
(d)
Shoreline protection against soil erosion.
(e)
Fish spawning, breeding, nursery or feeding grounds.
(f)
Wildlife habitat.
(g)
Areas of special recreational, scenic or scientific interest,
including scarce wetland types.
(3)
If the Department notifies the County zoning agency that a proposed text or map amendment to the shoreland-wetland provisions of this chapter may have a significant adverse impact upon any of the criteria listed in Subsection E(2) of this section, the amendment shall contain the following provision:
This chapter shall become effective on the 31st day after written
notice of passage is mailed to the Department and subject to publication
as provided by law unless the County Board designates a specific date
for implementation. If, prior to the effective date, the Department
notifies the Board that it will adopt a superseding shoreland ordinance
under § 59.692(6), Wis. Stats., the effect of this amendment
shall be stayed until the § 59.692(6), Wis. Stats., adoption
procedure is completed or otherwise terminated.
