When a land use permit, issued under this chapter, requires mitigation according to § 338-32A(2) and §§ 338-48 and 338-58, the property owner must submit a complete permit application that includes a mitigation plan.
A.
The application shall be reviewed and approved by the County Land
Use Planning and Zoning Department. The application shall include
the following:
(1)
A scaled site plan that describes with images and notations the proposed
mitigation measures:
(a)
The mitigation site plan shall be designed and implemented to
restore natural functions lost through development and human activities.
(b)
The mitigation measures of the plan shall be proportional in
scope to the impacts of development on water quality, near-shore aquatic
habitat, upland wildlife habitat, and natural scenic beauty.
(2)
An implementation schedule stating the completion date of the mitigation
measures. Also, there shall be an enforceable obligation on the property
owner to establish and maintain the mitigation measures.
(a)
The enforceable obligations shall be evidenced by an instrument,
shoreland mitigation agreement, recorded in the office of the Register
of Deeds, prior to issuance of a land use permit.
B.
The various types of development projects that require mitigation
measures based on this chapter shall have options to mitigate the
impacts of those development projects as provided herein. In cases
where a development project impacts more than one type of development
requiring mitigation, mitigation measures shall provide the total
points for all affected types of development. The mitigation measures
with corresponding mitigation points applicable to development projects
requiring mitigation are as follows:
(1)
Three points: Creation or restoration of the primary shoreland vegetative
buffer zone, which is the area from the ordinary high-water mark to
35 feet landward. The mitigation points and buffer depth may be modified
if a lesser buffer depth is approved by the Land Use Planning and
Zoning Department, based on the scope of the development project.
[Amended 11-12-2019 by Ord. No. 18-2019]
(2)
One point: Each additional 500 square feet of native secondary vegetative
shoreland buffer; after the shoreland vegetative buffer zone has been
created or restored.
(3)
Removal of building structures: Removal area(s) landward of the shoreland vegetative buffer zone shall be restored and vegetated. Removal area(s) within the shoreland vegetative buffer zone shall be in accordance with Subsection D below.
[Amended 11-12-2019 by Ord. No. 18-2019]
(a)
Two points: Removal of each building structure having 200 square
feet or more of impervious surface within the seventy-five-foot shoreland
setback area.
(b)
One point: Removal of each building structure having less than
200 square feet of impervious surface within the seventy-five-foot
shoreland setback area.
(4)
One point: Removal of each 200 square feet of impervious surface within 300 feet of the ordinary high-water mark of navigable waters. Removal area(s) landward of the shoreland vegetative buffer zone shall be restored and vegetated. Removal area(s) within the shoreland vegetative buffer zone shall be in accordance with Subsection D below.
(5)
One point: Removal of seawalls/bulkheads.
(6)
One point: Relocate access and viewing corridor to include boathouse. Vacated area(s) landward of the shoreland vegetative buffer zone shall be restored and vegetated. Vacated area(s) within the shoreland vegetative buffer zone shall be vegetated in accordance with Subsection D below.
(7)
Stormwater management that will infiltrate the peak flow discharge
of stormwater runoff on a lot or parcel, for a two-year rainfall event,
into a rain garden(s) for conditions stated below. Other infiltration
methods may be used as approved by the Land Use Planning and Zoning
Department.
(a)
Two points: Stormwater management practice that will infiltrate
all the stormwater runoff from the impervious surface of principal
building structure(s).
(b)
Three points: Stormwater management practice that will infiltrate
all the stormwater runoff from the impervious surface of principal
building structure(s) and any accessory building structure(s).
(c)
Four points: Stormwater management practice that will infiltrate
the stormwater runoff from all the impervious surface(s).
C.
Types of development requiring mitigation measures are as follows:
(1)
Impervious surface development. Any of the following levels of impervious surface area, based on the standards of Article IX, shall provide mitigation measures having the following number of mitigation points.
[Amended 11-12-2019 by Ord. No. 18-2019]
(a)
Three mitigation measure points shall be included in a mitigation
plan on a lot or parcel where the percentage of impervious surface
is greater than 15% and up to and including 20%.
(b)
Four mitigation measure points shall be included in a mitigation
plan on a lot or parcel where the percentage of impervious surface
is greater than 20% and up to and including 25%.
(c)
Five mitigation measure points shall be included in a mitigation
plan on a lot or parcel where the percentage of impervious surface
is greater than 25% and up to and including 30%.
D.
Where reference is made to a shoreland vegetative buffer zone, the
buffer shall be designed in accordance with NRCS Interim Standard
No. 643A and NRCS Wisconsin Biology Technical Note 1: Shoreland Habitat.
In cases where these standards provide options, the Land Use Planning
and Zoning Department shall make the determination which option is
most appropriate in the design and execution of the project.
E.
Where reference is made to a rain garden, the rain garden shall be
designed, installed, and maintained in accordance with Wisconsin DNR
Publication, PUB-WT-776-2018, "Rain Gardens: A Guide for Homeowners
and Landscapers."
[Amended 11-12-2019 by Ord. No. 18-2019; 12-21-2021 by Ord. No. 38-2021]
F.
Where the Land Use Planning and Zoning Department determines a lot
or parcel has excessive navigable water frontage for the purpose of
a shoreland vegetative buffer installation, the Land Use Planning
and Zoning Department may reduce the width of the shoreland vegetative
buffer to no less than 100 feet.
G.
All development projects requiring mitigation measures on a lot or
parcel having a POWTS (private onsite wastewater treatment system)
shall be required to have the POWTS evaluated by a licensed plumber
to determine condition and sizing compliance; and, if needed, the
POWTS shall be upgraded to comply with current applicable standards.
