The Village Board makes the following legislative findings relating
to the Shoreland-Wetland Overlay District:
A.
Villages are required by § 61.351, Wis. Stats., to adopt
shoreland-wetland zoning regulations within six months after receipt
of final Wetland Inventory Maps prepared by the Wisconsin Department
of Natural Resources.
B.
The Village incorporated as a Village on February 18, 2008.
C.
The Village adopted zoning regulations on November 12, 1985, which
included shoreland-wetland regulations and the Wetland Inventory Maps
with a date of November 12, 1985.
D.
Uncontrolled use of the shoreland-wetlands and pollution of the navigable
waters of the municipality would adversely affect the public health,
safety, and general welfare and impair the tax base.
This article promotes the public health, safety, and welfare
and is intended to:
A.
Maintain the storm- and floodwater storage capacity of wetlands;
B.
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;
C.
Protect fish, their spawning grounds, other aquatic life and wildlife
by preserving wetlands and other aquatic habitat;
D.
Prohibit certain uses detrimental to the shoreland-wetland area;
and
E.
Preserve shore cover and natural beauty by restricting the removal
of natural shoreland cover and controlling shoreland-wetland excavation,
filling, and other earthmoving activities.
In the context of this article, wetlands serve the following
important functions:
A.
Storm- and floodwater storage capacity;
B.
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;
C.
Filtering or storage of sediments, nutrients, heavy metals, or organic
compounds that would otherwise drain into navigable waters;
D.
Shoreline protection against erosion;
E.
Fish spawning, breeding, nursery or feeding grounds;
F.
Wildlife habitat; or
G.
Areas of special recreational, scenic or scientific interest, including
scarce wetland types and habitat of endangered species.
A.
The Shoreland-Wetland Overlay District includes those areas designated
as a wetland on the Wetland Inventory Map with a date of November
12, 1985, that 1) are five acres or more; 2) are located within 1,000
feet of the ordinary high-water mark of a navigable lake, pond, or
flowage, or are located within 300 feet of the ordinary high-water
mark of a navigable river or stream, or to the landward side of the
100-year floodplain, whichever distance is greater; 3) were not legally
filled before November 12, 1985, and cannot be classified as a wetland;
and 4) are not located between the original ordinary high-water mark
and a bulkhead line established prior to May 7, 1982, under § 30.11,
Wis. Stats.
B.
Any feature designated as a lake or as a stream on the Zoning Map
has been determined to be navigable for the purpose of this section.
The Flood Insurance Rate Maps adopted under Article 9 are used in
determining the extent of the 100-year floodplain.
If the Zoning Administrator believes there is a discrepancy
between the Wetland Inventory Map and actual field conditions at the
time the map was adopted, he or she shall contact the district office
of the Wisconsin Department of Natural Resources and request a determination.
If the Department determines that the area in question was incorrectly
mapped as a wetland, this article shall not apply to such area. As
soon as is practical after such determination, the Zoning Administrator
shall submit an application to amend the Zoning Map consistent with
the procedures and requirements in this chapter.
A.
The following uses are allowed without issuance of a zoning permit,
provided that there is no wetland alteration:
(1)
Hiking, fishing, trapping, hunting, swimming, snowmobiling,
and boating;
(2)
The harvesting of wild crops, such as marsh hay, ferns, moss,
wild rice, berries, free 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.
The following uses, which may involve wetland alterations, are allowed
without issuance of a zoning permit, provided that any wetland alterations
comply with the following terms:
(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 § 170.1302; 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.
Upon issuance of a zoning permit, the following uses are allowed,
which may involve wetland alterations but only to the extent specifically
allowed:
A.
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
in this section, provided that:
(1)
The road cannot, as a practical matter, be located outside the
wetland;
(2)
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 170.1302;
(3)
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
(4)
Road construction activities are carried out in the immediate
area of the roadbed only; and
(5)
Any wetland alteration must be necessary for the construction
or maintenance of the road.
B.
The construction and maintenance of nonresidential buildings provided
that:
(1)
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;
(2)
The building cannot, as a practical matter, be located outside
the wetland;
(3)
The building does not exceed 500 square feet in floor area;
and
(4)
Only limited filling and excavating necessary to provide structural
support for the building is allowed.
C.
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:
(1)
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
(2)
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;
(3)
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in Subsection A above; and
(4)
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.
D.
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:
Any use not listed in this article as being permitted, is prohibited.
The use of a boathouse for human habitation and the construction or
placement of a boathouse or fixed houseboat below the ordinary high-water
mark of any navigable waters are strictly prohibited.
A.
For all proposed text and map amendments to the shoreland-wetland
provisions of this chapter, the regional office of the Wisconsin Department
of Natural Resources shall be provided with the following:
(1)
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 Village Clerk. Such petition shall
include a copy of the Wisconsin Wetland Inventory Map adopted as part
of this chapter, describing any proposed rezoning of a shoreland-wetland;
(2)
Written notice of the public hearing to be held on the proposed
amendment at least 10 days prior to such hearing;
(3)
A copy of the Village zoning agency's findings and recommendations
on each proposed amendment within 10 days after the submission of
those findings and recommendations to the Village Board; and
(4)
Written notice of the Village Board's decision on the proposed
amendment within 10 days after it is issued.
B.
A wetland, or a portion thereof, in the Shoreland-Wetland Overlay
District shall not be rezoned if the proposed rezoning may result
in a significant adverse impact upon any of the following:
(1)
Storm- and floodwater storage capacity;
(2)
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;
(3)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against soil 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.
C.
If the Department notifies the Village 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 this section, that amendment, if approved by the Village Board,
shall contain the following provision:
"This amendment shall not take effect until more than 30 days
have elapsed after written notice of the Village Board's approval
of this amendment is mailed to the Department of Natural Resources.
During that thirty-day period the Department of Natural Resources
may notify the Village Board that it will adopt a superseding shoreland
ordinance for the Village under § 59.971(6), Wis. Stats.
If the Department does so notify the Village Board, the effect of
this amendment shall be stayed until the § 59.971(6) adoption
procedure is completed or otherwise terminated."
A.
A legal nonconforming structure or an environmental control facility
related to a legal nonconforming structure, in existence on the effective
date of this article may be repaired, reconstructed, renovated, remodeled,
or expanded.
B.
If a nonconforming use or the use of a nonconforming structure is
discontinued for a period of 12 consecutive months, any future use
of the property or structure shall conform to the requirements of
this section.
C.
Any legal nonconforming use of property which does not involve the
use of a structure may be continued although such use does not conform
to this article, provided that such nonconforming use may not be extended.
D.
The maintenance and repair of a nonconforming boathouse that extends
beyond the ordinary high-water mark of a navigable waterway shall
comply with § 30.121, Wis. Stats.
