The following maps are hereby adopted and made part of this
chapter and are on file in the office of the City Clerk:
(1)
The Shoreland-Wetland Zoning District includes all wetlands in the
City 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:
(a)
Within 1,000 feet of the ordinary high-water mark of navigable
lakes, ponds or flowages. Lakes, ponds or flowages in the City 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.
(b)
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 § 18.08(1) shall be used to determine the extent of floodplain areas.
(2)
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.
(3)
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 (4) and (5), the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4)
Filled wetlands. Wetlands which are filled prior to the date on which
the City 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.
(5)
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:
(1)
Activities and uses which do not require the issuance of a zoning
permit, provided that no wetland alteration occurs:
(a)
Hiking, fishing, trapping, hunting, swimming, snowmobiling and
boating;
(b)
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;
(c)
The practice of silviculture, including the planting, thinning
and harvesting of timber;
(d)
The pasturing of livestock;
(e)
The cultivation of agricultural crops; and
(f)
The construction and maintenance of duck blinds.
(2)
Uses which do not require the issuance of a zoning permit and which
may involve wetland alterations only to the extent specifically provided
below:
(a)
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;
(b)
The cultivation of cranberries, including limited wetland alterations
necessary for the purpose of growing and harvesting cranberries;
(c)
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;
(d)
The construction and maintenance of fences for the pasturing
of livestock, including limited excavating and filling necessary for
such construction or maintenance;
(e)
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;
(f)
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 § 18.26(3) of this chapter; and
(g)
The maintenance, repair, replacement and reconstruction of existing
highways and bridges, including limited excavating and filling necessary
for such maintenance, repair, replacement or reconstruction.
(3)
Uses which are allowed upon the issuance of a permit and which may
include wetland alterations only to the extent specifically provided
below:
(a)
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:
1.
The road cannot, as a practical matter, be located outside the
wetland;
2.
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 18.26(3) of this chapter;
3.
The road is designed and constructed with the minimum cross-sectional
area practical to serve the intended use;
4.
Road construction activities are carried out in the immediate
area of the roadbed only; and
5.
Any wetland alteration must be necessary for the construction
or maintenance of the road.
(b)
The construction and maintenance of nonresidential buildings,
provided that:
1.
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;
2.
The building cannot, as a practical matter, be located outside
the wetland;
3.
The building does not exceed 500 square feet in floor area;
and
4.
Only limited filling and excavating necessary to provide structural
support for the building are allowed.
(c)
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:
1.
Any private development allowed under this subsection shall
be used exclusively for the permitted purpose;
2.
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;
3.
The construction and maintenance of roads necessary for the
uses permitted under this subsection are allowed only where such construction
and maintenance meet the criteria in Subsection (3)(a) of this section;
and
4.
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.
(d)
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:
