[HISTORY: Adopted by the Village Board of the Village of Hobart as § 10.2 of the 2000 Code. Amendments noted where applicable.]
Authority. This chapter is adopted under the authority granted by § 92.17, Wisconsin Statutes.
Findings and declaration of policy. The Hobart Village Board finds that landowner activities conducted in close proximity to surface water can pollute the Village of Hobart's water resources, and may result in actual or potential harm to the health of residents and transients; to livestock, aquatic life and other animals and plants; and to the property tax base of the Village of Hobart.
Purpose. The purpose of this chapter is to complement Chapter 121, Building Construction, and Chapter 295, Zoning, and to regulate landowner activities within the approximately 90.52 miles of agricultural shoreland management area within the Village to prevent surface water pollution and thereby protect the health of Village of Hobart residents and transients; prevent the spread of disease; and promote the prosperity and general welfare of the citizens of the Village of Hobart.
This chapter applies to all lands and surface water in the Village of Hobart that are in the agricultural shoreland management area, as defined in § 288-2B of this chapter. The Village of Hobart shall use United States Geological Survey (USGS) quadrangle maps, with a scale of 1:24,000, to identify rivers, perennial streams, intermittent streams, lakes and ponds included under the jurisdiction of this chapter.
This chapter does not apply to lands and surface waters within the boundaries of a drainage district operated under Chapter 88 of the Wisconsin Statutes.
Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Village of Hobart and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Conflicts with Brown County's Shoreland Zoning Ordinance. Any conflict or inconsistency between this chapter and Brown County's Shoreland Zoning Ordinance will be governed by the more restrictive provision.
Effective date. This chapter shall become effective upon adoption and publication by the Village of Hobart and upon approval by the Department of Agriculture, Trade and Consumer Protection.
For purposes of this chapter, the following definitions shall apply. Words used in the present tense shall include the future; the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not directory.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL LANDS
- Lands in agricultural use. Agricultural use has the meaning provided under § 91.01(2), Wisconsin Statutes. Uses under this definition include beekeeping; commercial feedlots; dairying; egg and/or poultry production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; greenhouses and nurseries; grain, grass, mint and seed crops; raising fruits, nuts and berries; sod farming; land idled under federal payment-in-kind programs or the Conservation Reserve Program; participation in the dairy-herd buyout program; and vegetable raising.
- AGRICULTURAL SHORELAND CORRIDOR
- Land extending 20 feet from the top of the bank on each side of a perennial stream or river, the center line of an intermittent stream, or the ordinary high-water mark of any lake or pond shown on a United States Geological Survey quadrangle map with a scale of 1:24,000.
- AGRICULTURAL SHORELAND MANAGEMENT AREA
- All land that is within 300 feet of the following features as designated on United States Geological Survey quadrangle maps with a scale of 1:24,000:
- A feedlot, dry lot or any area, other than a pasture, where animals have been or will be fed, confined, maintained or stabled for a total of 45 days or more in any twelve-month period.
- BEST MANAGEMENT PRACTICE
- A practice included in the technical guide or an alternative best management practice that the Department of Agriculture, Trade and Consumer Protection determines to be the most effective, practicable means of preventing or reducing soil erosion or pollution from agricultural nonpoint sources to a level compatible with soil and water resource objectives.
- INTERMITTENT STREAM
- A channel in which water does not flow continuously and that is identified as an intermittent stream on the United States Geological Survey quadrangle map with a scale of 1:24,000.
- NOTICE OF AVAILABILITY OF FUNDS
- A first class letter, return receipt requested, mailed by the Village of Hobart to the owner of the lands not meeting chapter standards, informing them of the availability of cost-share funds under § 92.14, Wisconsin Statutes.
- NOTICE OF PROBLEM
- A first class letter, return receipt requested, mailed by the Village of Hobart to the owner of the lands not meeting the chapter standards, informing the owner of the nature of the problem and the necessary process to correct it.
- ORDINARY HIGH-WATER MARK
- The point on the bank or shore to which the presence and action of surface water is so continuous as to leave a distinctive mark. This may be erosion, absence of land plants, predominance of aquatic plants, or other recognized characteristics.
- Land with a permanent, uniform cover of grasses or legumes used as forage for livestock. Pastures do not include areas where supplemental forage feeding is provided on a regular basis.
- PERENNIAL STREAM
- A channel where water flows continuously and that is identified as a perennial or permanent stream on the United States Geological Survey quadrangle map with a scale of 1:24,000.
- TECHNICAL GUIDE
- The United States Department of Agriculture Natural Resources Conservation Service Field Office Technical Guide that is currently in effect.
- VEGETATIVE BUFFER
- An area within the agricultural shoreland corridor that is maintained at a minimum level of 70% ground cover.
General requirement. Any person who conducts landowner activities within the agricultural shoreland management area or who employs another person to do the same, on land subject to this chapter, shall be subject to the provisions of this chapter. All activities on land within agricultural shoreland management areas must be conducted in ways that prevent soil erosion and minimize the movement of suspended solids into surface water.
Agricultural activities in the agricultural shoreland corridor.
Vegetative buffer. Landowners or operators shall establish and maintain an adequate vegetative buffer or equally effective erosion control practice, in the agricultural shoreland corridor. When a vegetative buffer is established, the plant variety or seed mixture shall be one of those listed in Technical Guide Standard 342, Critical Area Planting. If any activity disturbs a vegetative buffer in the agricultural shoreland corridor, the landowner must replant or restore the disturbed area to an effective vegetative buffer as soon as practicable. Row cropping and tillage practices are prohibited in the agricultural shoreland corridor, except that tillage practices are allowed to establish or reestablish a seed bed.
Agricultural activities in the agricultural shoreland management area.
Cropland areas with annually tilled crops. Erosion on cropland within the agricultural shoreland management area must not exceed the tolerable rate (T) for the predominant soil in the field.
Pastures. Pastures within the agricultural shoreland management area must comply with Technical Guide Standard 510 for pasture and hayland management. Rotational grazing must comply with the UW-Extension publication "Pastures for Profit" (February 1993 edition).
Agricultural lands receiving manure and other nutrients. Agricultural lands within the agricultural shoreland management area must meet Technical Guide Standard 590 if they receive manure and other nutrients through the application of sludge, commercial fertilizer, and other added nutrients.
Delegation of authority. The Village of Hobart hereby designates the Zoning Administrator/Building Inspector, overseen by the Planning and Zoning Commission, to administer and enforce the provisions of this chapter.
Administrative duties. In the administration and enforcement of this chapter, the Village of Hobart Zoning Administrator/Building Inspector shall:
Inform all landowners or operators subject to this chapter of the potential agencies which may be available to provide technical or financial assistance.
Establish a procedure for landowners or operators to contact the Village of Hobart Zoning Administrator/Building Inspector about conditions on their land that are not in compliance with the chapter and establish a procedure for landowners or operators to apply for funding.
Send notices of problem to landowners or operators that are not in compliance with the chapter.
Send notices of availability of funds to landowners or operators that are not in compliance with the chapter.
Provide accomplishment reports to the Department of Agriculture, Trade and Consumer Protection on the activities related to the chapter and its effectiveness.
Investigate complaints relating to compliance with the chapter.
Perform other duties as specified in the chapter.
Inspection authority. The Village of Hobart Zoning Administrator/Building Inspector, or its designee, is authorized to enter upon any lands affected by this chapter to inspect the land to determine compliance with this chapter. If permission cannot be received from the landowner or operator, entry by the Village of Hobart Zoning Administrator/Building Inspector, or its designee, shall be according to § 66.0119, Wisconsin Statutes.
A notice of problem must be mailed to the landowner or operator stating that the standards of this chapter have not been met. The Village of Hobart Zoning Administrator/Building Inspector, or its designee, shall prepare a conservation plan with the landowner or operator including a schedule of implementation. The Village of Hobart Zoning Administrator/Building Inspector, or its designee, must provide a notice of availability of funds to the landowner or operator when funds are available to implement or install the necessary practices. A minimum of one year must elapse after the landowner's plan and schedule have been developed before beginning any enforcement action. The one-year deadline for enforcement action may be extended upon agreement between the landowner or operator and the Village of Hobart Zoning Administrator/Building Inspector.
The Village of Hobart Zoning Administrator/Building Inspector, or its designee, must provide, along with the notice of problem: a list of pertinent best management practices and associated average costs per unit as provided by the Village of Hobart Zoning Administrator/Building Inspector, or its designee; a written statement informing the landowner of the right to appeal the decision; and the appeals procedure.
Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to the penalties provided in § 1-3. Each day of violation shall constitute a separate offense. A violation includes failure to comply with any standard of this chapter or with any condition or qualification attached to the conservation plan.
Enforcement by injunction. As a substitute for or in addition to forfeiture actions, the Village of Hobart Zoning Administrator/Building Inspector may seek to enforce any part of the chapter by seeking injunctions or restraining orders.
An application for a variance shall be filed with the Village Clerk-Treasurer. The application shall contain such information as the Board of Appeals by rule may require. Due notice of the hearing shall be given to parties of interest, as well as owners of property located within 100 feet of the property in appeal. The Board shall reach a decision within 60 days from the filing of the request for variance.
Notice of the time and place of such public hearing shall be published as provided in the state law on planning and zoning and applicable to the Village of Hobart.
Standards for variances. Variances may be granted by the Board of Appeals only when:
Because of the particular physical surroundings, shape or topographical condition of the specific property involved a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
Conditions upon which a petition for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.
Alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
Granting of the variance shall not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
Proposed variance shall not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger public health and safety, or substantially diminish or impair property values within the neighborhood.
Procedure. Variances from the requirements of this chapter may be granted by the Village of Hobart Board of Appeals based on any of the following findings:
Staff are not available due to excessive workload to develop conservation plans or schedules of implementation.
Cost-share funds have not been made available to the landowner or operator as required under § 92.17(2m), Wisconsin Statutes.
Severe weather or other catastrophic events beyond the control of the landowner or operator which make implementation impractical.
The installation or implementation of all components of the conservation plan will not or does not result in complete compliance with the chapter. A variance under this provision can only be granted if all the components of the plan are installed or implemented.
Authority. Pursuant to Wis. Stats., Chapter 68, the Board of Appeals is hereby authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination by the Village of Hobart Zoning Administrator/Building Inspector in administering the chapter.
Who may appeal. Appeals may be made by any person having a substantial interest which is adversely affected by the order, decision, or determination made by the Village of Hobart Zoning Administrator/Building Inspector.