[Amended 11-7-2017 by Ord. No. 11072017]
A. Any wetlands of five acres or more shown on the Wisconsin Wetland Inventory Maps, and within the designated shoreland zone, which have not been rezoned pursuant to §
208-35 of this chapter shall be subject to the provisions of this chapter. A wetland delineation performed by a DNR Professionally Assured Wetland Delineator or Wisconsin DNR Wetland ID Program shall be required unless otherwise determined by the Zoning Administrator. Article
VII does not apply to projects that have received a permit to impact wetlands from the United States Army Corps of Engineers and the Wisconsin Department of Natural Resources.
B. Locating shoreland-wetland boundaries. Where an apparent discrepancy
exists between the shoreland-wetland district boundary shown on the
Wisconsin Wetland Inventory maps and actual field conditions at the
time the maps were adopted, a wetland delineation performed by a DNR
Professionally Assured Wetland Delineator or Wisconsin DNR Wetland
ID Program shall be required.
This district is created to maintain safe and healthful conditions,
to prevent water pollution, to protect fish spawning grounds and wildlife
habitat, 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
that minimizes adverse impacts upon the wetland.
The following uses shall be allowed, subject to general shoreland
zoning regulations contained in this chapter, the provisions of Chs.
30 and 31, Wis. Stats., and the provisions of other applicable local,
state and federal laws:
A. All wetlands shall have an impervious surface building setback of
35 feet. The setback may be reduced if a stormwater plan is approved
by the Zoning Administrator. The stormwater discharges from the impervious
surface must be pretreated prior to discharge to the wetland, and
wetland hydrology in the overall wetland must be maintained. The Zoning
Administrator shall seek a review by a qualified wetland professional
prior to approval. The wetland impervious surface setback may reduced
to a minimum of 10 feet.
[Added 11-7-2017 by Ord.
No. 11072017]
B. Activities and uses which do not require the issuance of a shoreland permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating except as allowed under §
208-33B or
C.
(1) Hiking, fishing, trapping, hunting, swimming, 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 pasturing of livestock;
(4) The cultivation of agricultural crops;
(5) The practice of silviculture, including the planting, thinning, and
harvesting of timber; and
(6) The construction or maintenance of duck blinds.
C. Uses which do not require the issuance of a shoreland permit and
which may include limited filling, flooding, draining, dredging, ditching,
tiling, or excavating but only to the extent specifically provided
below:
(1) Temporary water level stabilization measures necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on silvicultural activities if not corrected;
(2) The cultivation of cranberries including flooding, dike and dam construction,
or ditching necessary for the growing and harvesting of cranberries;
(3) The maintenance and repair of existing agricultural drainage systems
including ditching, tiling, dredging, excavating, and filling necessary
to maintain the level of drainage required to continue the existing
agricultural use. This includes the minimum filling necessary for
disposal of dredged spoil adjacent to the drainage system provided
that dredged spoil is placed on existing spoil banks where possible
and not in wetlands;
[Amended 11-7-2017 by Ord. No. 11072017]
(4) The construction or maintenance of fences for the pasturing of livestock,
including limited excavating and filling necessary for such construction
or maintenance;
(5) The construction or maintenance of piers, docks, or walkways built
on pilings, including limited excavating and filling necessary for
such construction and maintenance; and
(6) The maintenance, repair, replacement or reconstruction of existing
town and county highways and bridges, including limited excavating
and filling necessary for such maintenance, repair, replacement or
reconstruction.
D. Uses which require the issuance of a shoreland permit under §
208-39 and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating, but only to the extent specifically provided below:
(1) The construction and maintenance of roads which are necessary to
conduct silvicultural activities or agricultural cultivation 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 impact upon the natural functions of the wetland enumerated in §
208-35B;
(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.
(2) The construction or maintenance of nonresidential buildings provided
that:
(a)
The building is essential for and used solely in conjunction
with the raising of waterfowl, minnows, or other wetland or aquatic
animals; or some other use permitted in the shoreland-wetland district;
(b)
The building cannot, as a practical matter, be located outside
the wetland;
(c)
Such building is not designed for human habitation and does
not exceed 500 square feet in floor area; and
(d)
Only limited filling or excavating necessary to provide structural
support for the building is authorized.
(3) The establishment of public and private parks and recreation areas,
natural and outdoor education areas, historic and scientific areas,
wildlife refuges, game bird and animal farms, fur animal farms, fish
hatcheries, and public boat launching ramps and attendant access roads,
provided that:
(a)
Any private development is used exclusively for the permitted
use and the applicant has received a permit or license under Ch. 29,
Wis. Stats., where applicable.
(b)
Filling or excavating necessary for the construction or maintenance
of public boat launching ramps or attendant access roads is allowed
only where such construction or maintenance meets the criteria in
§ 208-33C(1)(a) through (d).
(c)
Ditching, excavating, dredging, or dike and dam construction
in public and private parks and recreation areas, natural and outdoor
education areas, historic and scientific areas, wildlife refuges,
game bird and animal farms, fur animal farms, and fish hatcheries
is allowed only for the purpose of improving wildlife habitat and
to otherwise enhance wetland values.
(d)
The construction or maintenance of electric, gas, telephone,
water and sewer transmission and distribution facilities, by public
utilities and cooperative associations organized for the purpose of
producing or furnishing heat, light, power, or water to their members
and the construction or maintenance of railroad lines provided that:
[1]
The transmission and distribution facilities and railroad lines
cannot, as a practical matter, be located outside the wetland;
[2]
Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in §
208-35B.
[Amended 11-7-2017 by Ord. No. 11072017]
Any use not listed in §
208-33A,
B or
C is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this chapter in accordance with §
208-35 of this chapter and § 59.97(5)(e) Wis. Stats. This section does not apply to projects that
have received a permit to impact wetlands from the United States Army
Corps of Engineers and the Wisconsin Department of Natural Resources.
[Amended 11-7-2017 by Ord. No. 11072017]
A. For all proposed text and map amendments to the shoreland-wetland
provisions of this chapter, the appropriate district office of the
Department shall receive:
(1) A copy of every petition for a text or map amendment to the shoreland-wetland
provisions of this chapter, within five days of the filing of such
petition with the Village Clerk-Treasurer. Such petition shall include
a copy of the Wisconsin Wetland Inventory Map adopted as part of this
chapter describing any proposed rezoning of a shoreland-wetland;
(2) Written notice of the public hearing to be held on a proposed amendment
at least 10 days prior to such hearing;
(3) A copy of the Village Zoning Administrator's findings and Planning
Commission recommendations on each proposed amendment within 10 days
after the Village Planning Commission makes recommendations to the
Village Board; and
(4) Written notice of the Village Board's decision on the proposed amendment
within 10 days after it is issued.
B. A wetland or a portion thereof, in the Shoreland-Wetland District
shall not be rezoned if the proposed rezoning may result in a significant
adverse impact upon any of the following:
(1) Storm and floodwater storage capacity;
(2) Maintenance of dry season stream flow, 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 soil erosion;
(5) Fish spawning, breeding, nursery, or feeding grounds;
(7) Areas of special recreational, scenic or scientific interest, including
scarce wetland types.
C. If the Department notifies the Village Zoning Administrator that a proposed text or map amendment to the shoreland-wetland provisions of this chapter may have a significant adverse impact upon any of the criteria listed in section
208-35B of this chapter, that amendment, if approved by the Village Board, shall contain the following provision:
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This amendment shall not take effect until more than 30 days
have elapsed after written notice of the Village Board's approval
of this amendment is mailed to the Department of Natural Resources.
During that thirty-day period the Department of Natural Resources
may notify the Village Board that it will adopt a superseding shoreland
ordinance for the Village under § 61.351(6), Wis. Stats.
If the Department does so notify the Village Board, the effect of
this amendment shall be stayed until the § 61.351(6) Wis.
Stats. adoption procedure is completed or otherwise terminated.
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