[Adopted by the Town Board of the Town of Pittsfield as indicated
in article histories. Amendments noted where applicable.]
[Adopted 9-9-1997 (Ch. 11 of the 1997 Code)]
This article is adopted under the authority granted by § 92.17,
Wis. Stats.
The Pittsfield Town Board finds that agricultural activities
conducted in close proximity to surface water can pollute the Town
of Pittsfield'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 Town of Pittsfield.
The purpose of this article is to complement Chapter 36, Building Construction, and Chapter 275, Zoning, to regulate landowner activities within the approximately 86.4 miles of agricultural shoreland management area within the Town to prevent surface water pollution and thereby protect the health of Town of Pittsfield residents and transients, prevent the spread of disease, and promote the prosperity and general welfare of the citizens of the Town of Pittsfield.
This article applies to all lands and surface water in the Town
of Pittsfield that are in the agricultural shoreland management area,
as defined in this article. The Town of Pittsfield shall use United
States Geological Survey 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 article. This article
does not apply to lands and surface waters within the boundaries of
a drainage district operated under Ch. 88, Wis. Stats.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements and shall be liberally
construed in favor of the Town of Pittsfield and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
Any conflict or inconsistency between this article and Brown
County's Shoreland Zoning Ordinance will be governed by the more restrictive
provision.
This article shall become effective upon adoption and publication
by the Town of Pittsfield and upon approval by the Department of Agriculture,
Trade and Consumer Protection.
As used in this article, the following terms shall have the
meanings indicated:
Lands in agricultural use.
Has the meaning provided under § 91.01(2), Wis.
Stats. 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.
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.
All land that is within 300 feet of the following features
as designated on United States Geological Survey quadrangle maps with
a 1:24,000 scale:
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.
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.
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.
A first-class letter, return receipt requested, mailed by
the Town of Pittsfield to the owner of the lands not meeting ordinance
standards, informing the owner of the availability of cost-share funds
under § 92.14, Wis. Stats.
A first-class letter, return receipt requested, mailed by
the Town of Pittsfield to the owner of the lands not meeting the ordinance
standards, informing the owner of the nature of the problem and the
necessary process to correct it.
The point on the bank or shore up 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 easily 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.
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.
The United States Department of Agriculture Natural Resources
Conservation Service Field Office Technical Guide that is currently
in effect.
An area within the agricultural shoreland corridor that is
maintained at a minimum level of 70% ground cover.
A.
General
requirement. Any person who conducts agricultural activities within
the agricultural shoreland management area or who employs another
person to do the same, on land subject to this article, shall be subject
to the provisions of this article. 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.
B.
Compliance
with article requirements. Persons are in compliance with this article
if they install or follow best management practices on their land
affected by this article and meet the intent of the standards in this
article.
A.
Agricultural activities in the agricultural shoreland corridor.
(1)
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 seedbed.
(2)
Barnyards. Livestock holding areas, other than pastures as defined
in this article, are prohibited within the agricultural shoreland
corridor unless a barnyard runoff control system is installed that
meets Technical Guide Standard 312.
B.
Agricultural activities in the agricultural shoreland management
area.
(1)
Cropland area 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.
(2)
Pastures. Pastures within the agricultural shoreland management area
must comply with Technical Guide Standard 510 for pasture and hay
land management. Rotation grazing must comply with the UW-Extension
publication "Pastures for Profit" (February 1993 edition).
(3)
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.
A.
Delegation of authority. The Town of Pittsfield hereby designates
the Town Planning Commission or its designee to administer and enforce
the provisions of this article.
B.
Administrative duties. In the administration and enforcement of the
article, the Town Planning Commission shall:
(1)
Inform all landowners or operators subject to this article of the
potential agencies which may be available to provide technical or
financial assistance.
(2)
Establish a procedure for landowners or operators to contact the
Town of Pittsfield Planning Commission about conditions on their land
that are not in compliance with this article and establish a procedure
for landowners or operators to apply for funding.
(3)
Send notices of problem to landowners or operators that are not in
compliance with this article.
(4)
Send notices of availability of funds to landowners or operators
that are not in compliance with this article.
(5)
Provide accomplishment reports to the Department of Agriculture,
Trade and Consumer Protection on the activities related to this article
and its effectiveness.
(6)
Investigate complaints relating to compliance with this article.
(7)
Perform other duties as specified in this article.
C.
Inspection authority. The Town of Pittsfield Planning Commission,
or its designee, is authorized to enter upon any lands affected by
this article to inspect the land to determine compliance with this
article. If permission cannot be received from the landowner or operator,
entry by the Town of Pittsfield Planning Commission or its designee
shall be according to § 66.0119, Wis. Stats.
D.
Enforcement procedure.
(1)
A notice of problem must be mailed to the landowner or operator stating
that the standards of this article have not been met. The Town of
Pittsfield Planning Commission, or its designee, shall prepare a conservation
plan with the landowner or operator including a schedule of implementation.
The Town Planning Commission, 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 Town of Pittsfield Planning Commission.
(2)
The Town Planning Commission, 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 Town Planning
Commission, or its designee, a written statement informing the landowner
of the right to appeal the decision, and the appeals procedure.
A.
Penalties. Any person who violates, neglects, or refuses to comply
with or resists the enforcement of any of the provisions of this article
shall be subject to a forfeiture of not less than $100 nor more than
$1,000. Each day of violation shall constitute a separate offense.
A violation includes failure to comply with any standard of this article
or with any condition or qualification attached to the conservation
plan.[1]
B.
Enforcement by injunction. As a substitute for or in addition to
forfeiture actions, the Town of Pittsfield Planning Commission may
seek to enforce any part of this article by seeking injunctions or
restraining orders.
Variances from the requirements of this article may be granted
by the Town of Pittsfield Planning Commission based on any of the
following findings:
A.
Staff are not available due to excessive workload to develop conservation
plans or schedules of implementation.
B.
Cost-share funds have not been made available to the landowner or
operator as required under § 92.17(2m), Wis. Stats.
C.
Severe weather or other catastrophic events beyond the control of
the landowner or operator make implementation impractical.
D.
The installation or implementation of all component of the conservation
plan will not or does not result in complete compliance with this
article. A variance under this provision can only be granted if all
the components of the plan are installed or implemented.
A.
Authority. Pursuant to Ch. 68, Wis. Stats., the Town Board is hereby authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination that has been made by the Town Planning Commission in administering this article.
B.
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 Town Planning Commission.
