The following maps are hereby adopted and made part of this
chapter and are on file in the office of the Village Clerk:
A.
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.
B.
Floodplain zoning maps titled and dated.
C.
United States Geological Survey maps titled and dated.
D.
Zoning maps titled and dated.
A.
The Shoreland-Wetland Zoning District includes all wetlands in the
Village which are five acres or more and are shown on the most recent
version of the Wisconsin Wetland Inventory as depicted on the Department
of Natural Resources Surface Water Data View and made a part of this
chapter and which are:
(1)
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 chapter.
(2)
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 chapter. Floodplain zoning maps adopted in § 306-8B shall be used to determine the extent of floodplain areas.
B.
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.
C.
When an apparent discrepancy exists between the Shoreland-Wetland District 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 Department to determine if the Shoreland-Wetland District boundary, as mapped, is in error. If Department 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. To correct wetland mapping errors or acknowledge exempted wetlands designated in §§ 306-10 and 306-11, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
Wetlands which are filled prior to the effective date of the
Village's original implementation of shoreland-wetland zoning,
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 chapter.
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 chapter.
The following uses are permitted subject to the provisions of
Chapters 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 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 § 306-31D of this chapter; 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 permit 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 Village Street system, the provision of essential utility and emergency services or to provide access to uses permitted under § 306-12, of this chapter, 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 § 306-31D 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, 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 are allowed only where such construction and maintenance meet the criteria in § 306-12C(1) of this chapter; 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:
