A.
The wetland zoning district includes all wetlands in the City of Watertown which are two acres or more in size and are shown on the final Wetland Inventory Map that has been adopted and made a part of this chapter in § 532-11.
(1)
There shall be excepted from the boundary of the wetland district
that part of a mapped wetland hereinafter described, established and
determined as set forth in the following described lands in Jefferson
County, Wisconsin: A.L. Pritchard's 1st Addition, part of lots 1 through
8, Block 6, and that part of the right-of-way owned by the Chicago,
Milwaukee and St. Paul Railway Company, as shown on the map. (Property
is known as 315 Mary Street.)
B.
When an apparent discrepancy exists between the wetland district
boundary shown on the official 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 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 building permit
in accordance with the regulations applicable to the correct zoning
district. In order to correct wetland mapping errors shown on the
official zoning maps, the Zoning Administrator shall be responsible
for initiating a map amendment within a reasonable period.
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 building
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.
B.
Uses which do not require the issuance of a building 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, where permissible
under § 30.20, Wis. Stats., 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 Ch. 30, Wis. Stats., 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 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 wetlands listed in § 532-15A 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 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
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 the adverse impact upon the natural functions of the wetland listed in § 532-15A 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 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 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); 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 and water, gas and sewer lines and related facilities, and the
construction and maintenance of railroad lines, provided that:
A.
Rezoning of a shoreland wetland shall require amendment of the Final Wisconsin Wetland Inventory Map, adopted in Article II of this chapter, pursuant to procedures established in Article VII. In order to ensure that any amendment will be consistent with the protection objectives of § 281.31, Wis. Stats., the City shall not rezone a wetland in a wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:
(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 waters of the state;
(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 and habitat of endangered species.
B.
Upon notification of a proposed amendment as required by Article VII, if 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 A of this section, the Department shall so notify the City of its determination either prior to or during the public hearing held on the proposed amendment.
C.
If the Department notifies the municipal Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection A, that proposed amendment, if approved by the City, shall not become effective until more than 30 days have elapsed since written notice of the Common Council approval was mailed to the Department, as required by Article VII. If within the thirty-day period the Department notifies the Council that the Department intends to adopt a superseding wetland zoning ordinance for the City under § 62.231(6), Wis. Stats., the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the Common Council decision on the proposed amendment shall advise the petitioner of the provisions of this section.
