To protect natural scenic beauty, fish and wildlife habitat,
and water quality, this article shall regulate removal of vegetation
in shoreland areas, consistent with the following: The standards of
this chapter shall consider sound forestry and soil conservation practices
and the effect of vegetation removal on water quality, including soil
erosion, and the flow of effluents, sediments, and nutrients.
To protect water quality, fish and wildlife habitat, and natural
scenic beauty, and to promote preservation and restoration of native
vegetation, there shall be designated land that extends from the ordinary
high-water mark to a minimum of 35 feet inland as a vegetative buffer
zone and prohibit removal of vegetation in the vegetative buffer zone
except as follows.
A.
Routine maintenance of vegetation.
B.
Removal of trees and shrubs in the vegetative buffer zone to create
access and viewing corridors. Per § 59.692(1f)(b), Wis.
Stats., the viewing corridor may be at least 35 feet wide for every
100 feet of shoreline frontage. The viewing corridor may run contiguously
for the entire maximum width of shoreline frontage owned.
C.
Removal of trees and shrubs in the vegetative buffer zone on a parcel
with 10 or more acres of forested land consistent with "generally
accepted forestry management practices" as defined in § NR
1.25(2)(b), Wis. Adm. Code, and described in Department publication
"Wisconsin Forest Management Guidelines" (publication FR-226), provided
that vegetation removal be consistent with these practices.
D.
Removal of vegetation within the vegetative buffer zone to manage
exotic or invasive species, damaged vegetation, vegetation that must
be removed to control disease, or vegetation creating an imminent
safety hazard, provided that any vegetation removed be replaced by
replanting in the same area as soon as practicable, not to exceed
nine months from date of vegetation removal.
[Amended 11-12-2019 by Ord. No. 18-2019]
(1)
A site visit by the Department or photos of the site provided by
an owner or agent must be received by the Department prior to vegetation
removal. A site visit or photos from an owner or agent must be provided
after the vegetation has been replanted, within the timeframe specified
above. Submitted photos must be digitally date stamped.
E.
Additional vegetation management activities in the vegetative buffer
zone may be allowed by permit. The permit issued under this subsection
shall require that all management activities comply with detailed
plans approved by the County and designed to control erosion by limiting
sedimentation into the waterbody, to improve the plant community by
replanting in the same area, and to maintain and monitor the newly
restored area. The permit also shall require an enforceable restriction
to preserve the newly restored area, as evidenced by an instrument
recorded in the Office of the Register of Deeds prior to land use
permit issuance.
F.
Note: § 59.692(1f)(a), Wis. Stats., prohibits counties
from requiring a property owner to establish a vegetative buffer zone
on previously developed land or expand an existing vegetative buffer
zone. However, as part of a counties shoreland mitigation standards,
the establishment or expansion of the vegetative buffer may remain
an option.
