[HISTORY: Adopted by the Common Council of the City of Mayville at
time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments
noted where applicable.]
This chapter is adopted pursuant to the authorization in §§ 62.23,
62.231, 87.30 and 281.31, Wis. Stats.
Uncontrolled use of the shoreland-wetlands and pollution of the navigable
waters of the municipality would adversely affect the public health, safety,
convenience, and general welfare and impair the tax base. The Legislature
of Wisconsin has delegated responsibility to all municipalities to:
A.
Promote the public health, safety, convenience and general
welfare;
B.
Maintain the stormwater and floodwater storage capacity
of wetlands;
C.
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;
D.
Protect fish, their spawning grounds, other aquatic life
and wildlife by preserving wetlands and other aquatic habitat;
E.
Prohibit certain uses detrimental to the shoreland-wetland
area; and
F.
Preserve shore cover and natural beauty by restricting
the removal of natural shoreland cover and controlling shoreland-wetland excavation,
filling and other earthmoving activities.
The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see § 420-12 of this chapter for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.
Unless specifically exempted by law, all cities, villages, towns, and
counties are required to comply with this chapter and obtain all necessary
permits. State agencies are required to comply if § 13.48(13), Wis.
Stats., applies. The construction, reconstruction, maintenance and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt when § 30.2022, Wis. Stats., applies.
A.
This chapter supersedes all the provisions of any municipal
zoning ordinance enacted under § 62.23 or 87.30, Wis. Stats., which
relate to floodplains and shoreland-wetlands, except that where another municipal
zoning ordinance is more restrictive than this chapter, that ordinance shall
continue in full force and effect to the extent of the greater restrictions,
but not otherwise.
B.
This chapter is not intended to repeal, abrogate or impair
any existing deed restrictions, covenants or easements. However, where this
chapter imposes greater restrictions, the provisions of this chapter shall
prevail.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the municipality and shall not be deemed a limitation or repeal
of any other powers granted by the Wisconsin Statutes. Where a provision of
this chapter is required by a standard in Ch. NR 117, Wis. Adm. Code, and
where the provision of this chapter is unclear, the provision shall be interpreted
in light of the Ch. NR 117 standards in effect on the date of the adoption
of this chapter or in effect on the date of the most recent text amendment
to this chapter.
The county shoreland zoning provisions in effect on the date of annexation
remain in effect and shall be administered by the municipality for all areas
annexed by the municipality after May 7, 1982, unless any of the changes as
allowed by § 59.692(7)(a)1 to 3, Wis. Stats., occurs. These annexed
lands are described on the municipality's Official Zoning Map. The county
shoreland zoning provisions are incorporated by reference for the purpose
of administering this section and are on file in the office of the Zoning
Administrator.
The following maps are hereby adopted and made part of this chapter
and are on file in the office of the Director of Public Works:
A.
Flood Insurance Rate Map (FIRM), Panel Number 550103 0001B and
550103 0003B, dated June 1, 1981, with corresponding profiles that are based
on the Flood Insurance Study (FIS) dated December 1, 1980.
B.
Flood Boundary and Floodway Map (FBFM), Panel Number 550103 0001B
and 550103 0003B, dated June 1, 1981.
C.
United States Geological Survey Maps dated 1980 and 1981.
D.
Wisconsin Wetland Inventory maps dated September 19, 1994.
E.
The City of Mayville Official Zoning Map dated April 10, 2006,
and corresponding 2030 Comprehensive Plan.
F.
One-hundred-year flood boundary map prepared by MSA Professional
Services dated January 2001 and corresponding Springbrook Creek Drainage Study.
G.
The Aerometric Engineering Topographic Mapping with Flood Boundary
Delineation dated April 16, 1979.
A.
The shoreland-wetland zoning district includes all wetlands
in the municipality 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-water mark of
navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality
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 § 420-8 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 district 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. 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.
Filled wetlands. Wetlands which are filled prior to the
date on which the municipality 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 landward of a bulkhead line. 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 Chs. 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 § 420-21C 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 municipal 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 § 420-21C 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 are 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 are 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) of this section; 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:
The lawful use of a building, structure or property which existed at
the time this chapter, or an applicable amendment to this chapter, took effect
and which is not in conformity with the provisions of this chapter, including
the routine maintenance of such a building or structure, may be continued,
subject to the following conditions:
A.
The shoreland-wetland provisions of this chapter authorized
by § 62.231, Wis. Stats., shall not limit the repair, reconstruction,
renovation, remodeling or expansion of a nonconforming structure in existence
on the effective date of the shoreland-wetland provisions, or of any environmental
control facility in existence on May 7, 1982, related to such a structure.
All other modifications to nonconforming structures are subject to § 62.23(7)(h),
Wis. Stats., which limits total lifetime structural repairs and alterations
to 50% of current fair market value.
B.
If a nonconforming use or the use of a nonconforming
structure is discontinued for 12 consecutive months, any future use of the
building, structure or property shall conform to this chapter.
C.
Any legal nonconforming use of property which does not
involve the use of a structure and which existed at the time of the adoption
or subsequent amendment of this chapter adopted under § 62.231,
Wis. Stats., may be continued although such use does not conform to the provisions
of this chapter. However, such nonconforming use may not be extended.
D.
The maintenance and repair of nonconforming boathouses
which are located below the ordinary high-water mark of any navigable waters
shall comply with the requirements of § 30.121, Wis. Stats.
E.
Uses which are nuisances under common law shall not be
permitted to continue as nonconforming uses.
The Zoning Administrator shall have the following duties and powers.
The Zoning Administrator shall:
A.
Advise applicants as to the provisions of this chapter
and assist them in preparing permit applications and appeal forms.
B.
Issue permits and certificates of compliance and inspect
properties for compliance with this chapter.
C.
Keep records of all permits issued, inspections made,
work approved and other official actions.
D.
Have access to any structure or premises between the
hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
E.
Submit copies of decisions on variances, conditional
use permits, appeals for a map or text interpretation, and map or text amendments
within 10 days after they are granted or denied to the appropriate district
office of the Department.
F.
Investigate and report violations of this chapter to
the municipal planning agency and the municipal attorney.
A.
When required. Unless another section of this chapter specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in § 420-23 of this chapter, or any change in the use of an existing building or structure is initiated.
B.
Application. An application for a zoning permit shall
be made to the Zoning Administrator upon forms furnished by the municipality
and shall include, for the purpose of proper enforcement of these regulations,
the following information:
(1)
General information.
(2)
Site development plan. The site development plan shall
be submitted as a part of the permit application and shall contain the following
information drawn to scale:
(a)
Dimensions and area of the lot;
(b)
Location of any structures with distances measured from
the lot lines and center line of all abutting streets or highways;
(c)
Description of any existing or proposed on-site sewage
systems or private water supply systems;
(d)
Location of the ordinary high-water mark of any abutting
navigable waterways;
(e)
Boundaries of all wetlands;
(f)
Existing and proposed topographic and drainage features
and vegetative cover;
(g)
Location of floodplain and floodway limits on the property
as determined from floodplain zoning maps;
(h)
Location of existing or future access roads; and
(i)
Specifications and dimensions for areas of proposed wetland
alteration.
C.
Expiration. All permits issued under the authority of
this chapter shall expire one year from the date of issuance.
A.
Except where no zoning permit or conditional use permit
is required, no land shall be occupied or used, and no building which is hereafter
constructed, altered, added to, modified, rebuilt or replaced shall be occupied,
until a certificate of compliance is issued by the Zoning Administrator subject
to the following provisions:
(1)
The certificate of compliance shall show that the building
or premises or part thereof, and the proposed use thereof, conform to the
provisions of this chapter.
(2)
Application for such certificate shall be concurrent
with the application for a zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within
10 days after notification of the completion of the work specified in the
zoning or conditional use permit, provided that the building or premises and
proposed use thereof conform to all the provisions of this chapter.
B.
The Zoning Administrator may issue a temporary certificate
of compliance for a building, premises or part thereof pursuant to rules and
regulations established by the municipal governing body.
C.
Upon written request from the owner, the Zoning Administrator
shall issue a certificate of compliance for any building or premises existing
at the time of adoption of this chapter, certifying, after inspection, the
extent and type of use made of the building or premises and whether or not
such use conforms to the provisions of this chapter.
A.
Application. Any use listed as a conditional use in this
chapter shall be permitted only after an application has been submitted to
the Zoning Administrator and a conditional use permit has been granted by
the Plan Commission.
B.
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in § 420-10C of this chapter, the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter as listed in § 420-2. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this chapter.
The municipal governing body may, by resolution, adopt fees for the
following:
Where a zoning permit or conditional use permit is approved, an appropriate
record shall be made by the Zoning Administrator of the land use and structures
permitted.
Where the conditions of a zoning permit or conditional use permit are
violated, the permit shall be revoked by the Zoning Board of Appeals.
The Zoning Board of Appeals created under § 62.23(7)(e), Wis.
Stats., is hereby authorized or shall be appointed to act for the purposes
of this chapter. The Zoning Board of Appeals shall adopt rules for the conduct
of its business as required by § 62.23(7)(e)3, Wis. Stats.
A.
Powers and duties. The Zoning Board of Appeals:
(1)
Shall hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this chapter.
(2)
May authorize upon appeal a variance from the dimensional
standards of this chapter where an applicant convincingly demonstrates that:
(a)
Literal enforcement of the terms of this chapter will
result in unnecessary hardship for the applicant.
(b)
The hardship is due to special conditions unique to the
property and is not self-created or based solely on economic gain or loss;
(c)
Such variance is not contrary to the public interest
as expressed by the purpose of this chapter; and
(d)
Such variance will not grant or increase any use of property
which is prohibited in the zoning district.
B.
Appeals to the Board. Appeals to the Zoning Board of
Appeals may be taken by any person aggrieved or by an officer, department,
board or bureau of the community affected by any order, requirement, decision,
or determination of the Zoning Administrator or other administrative official.
Such appeals shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the official whose decision is in question and
with the Zoning Board of Appeals a notice of appeal specifying the reasons
for the appeal. The Zoning Administrator or other official whose decision
is in question shall transmit to the Board all the papers constituting the
record on the matter appealed.
C.
Public hearings.
(1)
Before making a decision on an appeal or application,
the Zoning Board of Appeals shall, within a reasonable period of time, hold
a public hearing. The Board shall give public notice of the hearing by publishing
a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and
place of the hearing and the matters to come before the Board. At the public
hearing, any party may present testimony in person, by agent or by attorney.
(2)
A copy of such notice shall be mailed to the parties
in interest and the appropriate district office of the Department at least
10 days prior to all public hearings on issues involving shoreland-wetland
zoning.
D.
Decisions.
(1)
The final disposition of an appeal before the Zoning
Board of Appeals shall be in the form of a written decision, made within a
reasonable time after the public hearing and signed by the Board Chairperson.
Such decision shall state the specific facts which are the basis of the Board's
determination and shall either affirm, reverse, or modify the order, requirement,
decision or determination appealed, in whole or in part, or dismiss the appeal
for lack of jurisdiction or prosecution
(2)
A copy of such decision shall be mailed to the parties
in interest and the appropriate district office of the Department within 10
days after the decision is issued.
The municipal governing body may alter, supplement or change the district
boundaries and the regulations contained in this chapter in accordance with
the requirements of § 62.23(7)(d)2, Wis. Stats., Ch. NR 117, Wis.
Adm. Code, and the following:
A.
A copy of each proposed text or map amendment shall be
submitted to the appropriate district office of the Department within five
days of the submission of the proposed amendment to the municipal planning
agency.
B.
All proposed text and map amendments to the shoreland-wetland
zoning regulations shall be referred to the municipal planning agency, and
a public hearing shall be held after Class 2 notice as required by § 62.23(7)(d)2,
Wis. Stats. The appropriate district office of the Department shall be provided
with written notice of the public hearing at least 10 days prior to such hearing.
C.
In order to ensure that this chapter will remain consistent
with the shoreland protection objectives of § 281.31, Wis. Stats.,
the municipal governing body may not rezone a wetland in a shoreland-wetland
zoning district, or any portion thereof, where the proposed rezoning may result
in a significant adverse impact upon any of the following wetland functions:
(1)
Stormwater and floodwater storage capacity;
(2)
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;
(3)
Filtering or storage of sediments, nutrients, heavy metals
or organic compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against 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 and habitat of endangered species.
D.
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
E.
The appropriate district office of the Department shall
be provided with:
(1)
A copy of the recommendation and report, if any, of the
municipal planning agency on a proposed text or map amendment within 10 days
after the submission of those recommendations to the municipal governing body.
(2)
Written notice of the action on the proposed text or
map amendment within 10 days after the action is taken.
F.
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection C of this section, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection E(2) of this section. If within the thirty-day period the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by § 62.231(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter by any person, firm, association or corporation (including building contractors or their agents) shall be deemed a violation. The Zoning Administrator shall refer violations to the municipal planning agency and the municipal attorney, who shall prosecute such violations. Any person, firm, association, or corporation who or which violates or refuses to comply with any of the provisions of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Code, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
A.
For the purpose of administering and enforcing this chapter,
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; and 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.
B.
ACCESSORY STRUCTURE OR USE
BOATHOUSE
CLASS 2 PUBLIC NOTICE
CONDITIONAL USE
DEPARTMENT
DEVELOPMENT
DRAINAGE SYSTEM
ENVIRONMENTAL CONTROL FACILITY
FIXED HOUSEBOAT
NAVIGABLE WATERS
(1)
(2)
ORDINARY HIGH-WATER MARK
PLANNING AGENCY
SHORELANDS
SHORELAND-WETLAND DISTRICT
UNNECESSARY HARDSHIP
VARIANCE
WETLAND ALTERATION
WETLANDS
The following terms used in this chapter shall have the
following meanings:
A detached subordinate structure or a use which is clearly incidental
to, and customarily found in connection with, the principal structure or use
to which it is related and which is located on the same lot as that of the
principal structure or use.
As defined in § 30.01(1d), Wis. Stats., a structure used
for the storage of watercraft and associated materials which has one or more
walls or sides.
Publication of a public hearing notice under Ch. 985, Wis. Stats.,
in a newspaper of circulation in the affected area. Publication is required
in two consecutive weeks, the last at least seven days prior to the hearing.
A use which is permitted by this chapter provided that certain conditions
specified in this chapter are met and that a permit is granted by the Plan
Commission.
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 is to be supplemented
or replaced by other pollution control facilities.
As defined in § 30.01(1r), Wis. Stats., 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 spudpoles attached to the bed of the waterway.
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(2)(d), Wis. Stats., notwithstanding any other
provision of law or administrative rule promulgated thereunder, shoreland
ordinances required under § 62.231, Wis. Stats., and Ch. NR 117,
Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
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 are 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 City Plan Commission created under § 62.23(1), Wis.
Stats.
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.
The zoning district created in this chapter comprised of shorelands
that are designated as wetlands on the wetlands inventory maps which have
been adopted and made a part of this chapter.
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 chapter.
An authorization granted by the Zoning Board of Appeals to construct
or alter a building or structure in a manner that deviates from the dimensional
standards of this chapter.
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.
