For the purpose of administering and enforcing this Part, the
terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the principle
structure or use to which it is related and which is located on the
same lot as that of the principle structure or use.
As defined in § 30.121(1), Wis. Stats., means a
permanent structure used for the storage of watercraft and associated
materials and includes all structures which are totally enclosed,
have roofs or walls or any combination of structural parts.
A publication of a public hearing notice under Chapter 985,
Wis. Stats., in a newspaper of circulation in the affected area. Publication
is required on two consecutive weeks, the last at least seven days
prior to the hearing.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction of buildings, structures
or accessory structures; the construction of additions or substantial
alterations to buildings, structures or accessory structures; the
placement of buildings or structures; ditching, lagooning, dredging,
filling, grading, paving, excavation or drilling operations; and the
deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any facility, temporary or permanent, which is reasonably
expected to abate, reduce or aid in the prevention, measurement, control
or monitoring of noise, air or water pollutants, solid waste and thermal
pollution, radiation or other pollutants, including facilities installed
principally to supplement or to replace existing property or equipment
not meeting or allegedly not meeting acceptable pollution control
standards or which are to be supplemented or replaced by other pollution
control facilities.
As defined in § 30.121(1), Wis. Stats., means a
structure not actually used for navigation which extends beyond the
ordinary high-water mark of a navigable waterway and is retained in
place either by cables to the shoreline or by anchors or spud poles
attached to the bed of the waterway.
Amended 3-28-2022 by Ord. No. 3-22]
"Navigable waters" means Lake Superior, Lake Michigan, all natural
inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages
and other waters within the territorial limits of this state, including
the Wisconsin portion of boundary waters which are navigable under
the laws of this state. Under § 281.31(2m), Wis. Stats.,
not withstanding any other provision of law or administrative rule
promulgated thereunder, shoreland ordinances required under § 61.351
or 62.231, Wis. Stats., and Chapter NR 117, Wis. Adm. Code, a wetland
ordinance does not apply to lands adjacent to:
Farm drainage ditches where such lands are not adjacent to a
natural navigable stream or river and such lands were not navigable
streams before ditching; and
Artificially constructed drainage ditches, ponds or stormwater
retention basins that are not hydrologically connected to a natural
navigable water body.
Wisconsin's Supreme Court has declared navigable bodies of water
that have a bed differentiated from adjacent uplands and levels or
flow sufficient to support navigation by a recreational craft of the
shallowest draft on an annually recurring basis [Muench v. Public
Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc.,
v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example,
a stream which is navigable by skiff or canoe during normal spring
high water is navigable, in fact, under the laws of this state, though
it may be dry during other seasons.
The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive
mark such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristic.
The municipal plan commission created under § 62.23(1),
Wis. Stats., a board of public land commissioners or a committee of
the municipality's governing body which acts on matters pertaining
to planning and zoning.
The zoning district created in this Part, comprised of shorelands
that are designated as wetlands on the wetlands inventory maps which
have been adopted and made a part of this Part.
Lands within the following distances from the ordinary high-water
mark of navigable waters; 1,000 feet from a lake, pond or flowage;
and 300 feet from a river or stream or to the landward side of the
floodplain, whichever distance is greater.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this Part.
An authorization granted by the Board of Appeals to construct
or alter a building or structure in a manner that deviates from the
dimensional standards of this Part.
Any filling, flooding, draining, dredging, ditching, tiling,
excavating, temporary water level stabilization measures or dike and
dam construction in a wetland area.
Those areas where water is at, near or above the land surface
long enough to support aquatic or hydrophytic vegetation and which
have soils indicative of wet conditions.
