[1]
Editor's Note: See § NR 115.05(1)(b), Wis. Adm. Code.
Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.
A. 
[Section NR 115.05(1)(b)1, Wis. Adm. Code] Unless exempt under § 316-25B, or reduced under § 316-26, or increased under § 316-27, a setback of 75 feet from the ordinary high-water mark of any navigable water to the nearest part of a building or structure shall be required for all buildings and structures.
B. 
Exempt structures. [Section NR 115.05(1)(b)1m, Wis. Adm. Code] All of the following structures are exempt from the shoreland setback standards in § 316-25:
(1) 
Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation.
(a) 
The construction or placement of boathouses below the ordinary high-water mark of any navigable waters shall be prohibited.
(b) 
Boathouses shall be designed and constructed solely for the storage of boats and related equipment.
(c) 
One boathouse is permitted on a lot as an accessory structure.
(d) 
Boathouses shall be constructed in conformity with local floodplain zoning standards.
(e) 
Boathouses shall not exceed one story and 300 square feet in floor area.
(f) 
Boathouse roofs shall have a pitched roof that is no flatter than 4/12 pitch, and shall not be designed or used as decks, observation platforms or for other similar uses.
(g) 
Earth-toned color shall be required for all exterior surfaces of a boathouse.
(h) 
The main door shall face the water.
(i) 
Patio doors, fireplaces and other features inconsistent with the use of the structure exclusively as a boathouse are not permitted.
(j) 
The roof of a boathouse may be used as a deck, provided that:
[1] 
The boathouse has a flat roof.
[2] 
The roof has no side walls or screens.
[3] 
The roof may have a railing that meets the Department of Safety and Professional Services standards.
(2) 
Open-sided and screened structures, such as gazebos, decks, patios and screen houses, in the shoreland setback area that satisfy the requirements in § 59.692(1v), Wis. Stats.:
(a) 
The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high-water mark.
(b) 
The floor area of all the structures in the shoreland setback area will not exceed 200 square feet.
(c) 
The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.
(d) 
The County must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water.
(e) 
An enforceable affidavit must be filed with the Register of Deeds prior to construction, acknowledging the limitations on vegetation.
(3) 
Fishing rafts that are authorized on the Wolf River and Mississippi River under § 30.126, Wis. Stats.
(4) 
Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.
(5) 
Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with Ch. SPS 383, Wis. Adm. Code, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control stormwater runoff from the structure.
(6) 
Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60 inches in width.
(7) 
Devices or systems used to treat runoff from impervious surfaces.
C. 
Existing exempt structures. [Section 59.692(1k)(a)2m, Wis. Stats.] Existing exempt structures may be maintained, repaired, replaced, restored, rebuilt and remodeled, provided the activity does not expand the footprint and does not go beyond the three-dimensional building envelope of the existing structure. Counties may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.
[Section 59.692(1n), Wis. Stats.] A setback less than the seventy-five-foot required setback from the ordinary high-water mark shall be permitted for a proposed principal structure and shall be determined as follows:
A. 
Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the ordinary high-water mark, provided all of the following are met:
(1) 
Both of the existing principal structures are located on an adjacent lot to the proposed principal structure.
(2) 
Both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest structure.
(3) 
Both of the existing principal structures are located less than 75 feet from the ordinary high-water mark.
(4) 
The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.
B. 
Where this is an existing principal structure in only one direction, the setback shall equal the average of the distance the existing principal structure is set back from the ordinary high-water mark and the required setback of 75 feet from the ordinary high-water mark, provided all of the following are met:
(1) 
The existing principal structure is located on an adjacent lot to the proposed principal structure.
(2) 
The existing principal structure is located within 250 feet of the proposed principal structure and is the closest structure.
(3) 
The existing principal structure is located less than 75 feet from the ordinary high-water mark.
(4) 
The average setback shall not be reduced to less than 35 feet from the ordinary high-water mark of any navigable water.
[Section NR 115.05(1)(b)2, Wis. Adm. Code] Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance.