A.
The Shoreland-Wetland Zoning District includes all
wetlands in the Village which are five acres or more and are shown
on the final wetland inventory map that has been adopted and made
a part of this chapter and which are:
(1)
Within 1,000 feet of the ordinary high watermark 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 watermark 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 § 256-1E(2)
shall be used to determine the extent of floodplain areas.
[Amended 12-11-2006 by Ord. No. 505]
B.
Determinations of navigability and ordinary high watermark
location shall initially be made by the Zoning Administrator. When
questions arise, the Zoning Administrator shall contact the appropriate
district office of the Department for a final determination of navigability
or ordinary high watermark.
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. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in Subsections D and E, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
D.
Wetlands which are filled prior to March 19, 1990,
the date on which the Village 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 chapter.
E.
Wetlands located between the original ordinary high
watermark and a bulkhead line established prior to May 7, 1982, under
Wis. Stat. § 30.11, are not subject to this chapter.
[Amended 1-23-2006 by Ord. No. 489]
The following uses are permitted subject to
the provisions of Wis. Stat. Chs. 30 and 31, and the provisions of
other local, state and federal laws, if applicable, and as may be
further limited by Wis. Admin. Code s. NR 117.05:
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.
(6)
The construction and maintenance of duck blinds.
(7)
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.
B.
Uses which require the issuance of a zoning permit
under other chapters of this Code and which may involve wetland alterations
only to the extent specifically provided in Wis. Admin. Code s. NR
117.05:
(1)
The construction and maintenance of fences for the
pasturing of livestock, including limited excavating and filling necessary
for such construction or maintenance.
(2)
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.
(3)
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 § 255-17C of this chapter.
(4)
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 and which may include wetland alterations only to the extent
specifically provided below and only to the extent specifically provided
in Wis. Admin. Code s. NR 117.05:
(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 this section, 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 § 255-17C 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.
(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.
(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 meets the criteria in Subsection C(1).
(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, sewage collection
lines and related facilities and the construction and maintenance
of railroad lines, provided that:
