This chapter is adopted to maintain safe and healthful conditions, to
prevent and control water pollution, to protect fish spawning grounds, fish
and aquatic life and wildlife habitation, to preserve shore cover and natural
beauty and to control building and development in wetlands whenever possible.
When development is permitted in a wetland, the development should occur in
a manner which minimizes adverse impacts upon the wetland.
The following maps are hereby adopted and made a part of this chapter
and are on file in the office of the Clerk-Treasurer:
A.
The Shoreland-Wetland Zoning District includes all wetlands in the City of Manawa, Wisconsin, 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 in § 301-11 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 City of Manawa 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 in § 301-11 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 in § 301-11. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain zoning maps used to delineate floodplain area which have been adopted by the City of Manawa shall be used to determine the extent of floodplain areas in the city.
B.
Determinations of navigability and ordinary high-water
mark shall initially be made by the Zoning Administrator. When questions arise,
the Zoning Administrator shall contact the appropriate district office of
the Department for the 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 Shoreland-Wetland Zoning Maps and
the 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 the Department staff concurs 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 land use or building permit in
accordance with the regulations applicable to the correct zoning district.
In order to correct wetland mapping efforts shown on the Official Shoreland-Wetland
Zoning Maps, the Zoning Administrator shall be responsible for initiating
a shoreland-wetland map amendment within a reasonable period.
The following uses are permitted, subject to the provisions of W.S.A.
Chs. 30 and 31 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.
(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 ditches,
where permissible under W.S.A. s. 30.20, or of other existing drainage systems
(such as tilling) to restore preexisting levels of drainage, including the
minimum amount of filling necessary to dispose of dredged spoil, provided
that the filling is permissible under W.S.A. Ch. 30 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 and
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 the adverse impact upon the natural functions of the shoreland-wetland listed in § 301-24C of this chapter.
(7)
The maintenance, repair, replacement and reconstruction
of existing highway 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:
(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 in 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 the adverse impact upon the natural functions of the wetland listed in § 301-24C 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 C(3) 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;
(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 and water, gas and sewer distribution lines and related
facilities, provided that:
The existing lawful use of a structure, building or property, or its
accessory use, which is not in conformity with the provisions of this chapter
may be continued, subject to the following conditions:
A.
Notwithstanding W.S.A. s. 62.23(7)(h), the repair, reconstruction,
renovation, remodeling or expansion of a legal nonconforming structure in
existence at the time of adoption or subsequent amendment of this chapter
adopted under W.S.A. s. 62.231 or of an environmental control facility in
existence on May 7, 1982, related to that structure is permitted under W.S.A.
s. 62.231(5). Wisconsin Statutes Annotated s. 62.23(7)(h) applies to any environmental
control facility that was not in existence on May 7, 1982, but was in existence
on the effective date of this chapter or amendment.
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 the appropriate provisions
of 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 W.S.A. s. 62.231 or
61.351 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 W.S.A. s. 30.121.
E.
Uses which are nuisances under common law shall not be
permitted to continue as nonconforming uses.
