Unless exempt under § 242-23A, or reduced under § 242-24, a setback of 75 feet from the OHWM of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.
A.
Exempt structures. All of the following structures are exempt from the shoreland setback standards in § 242-23:
(1)
Boathouses located entirely above the OHWM and entirely within the
access and viewing corridor that do not contain plumbing and are not
used for human habitation. The roof of the boathouse may be used as
a deck, provided that:
(2)
Open-sided and screened structures, such as gazebos, decks, patios,
and screenhouses in the shoreland setback area that satisfy the requirements
in § 59.692(1v), Wis. Stats.
(a)
The part of the structure that is nearest the water is located
at least 35 feet landward from the OHWM.
(b)
The floor area of all the structures in the shoreland setback
area will not exceed 200 square feet.
(c)
The structure has no sides or has open or screened sides.
(d)
The County must approve a plan that will be implemented by the
owner of the property to preserve or establish a vegetative buffer
zone that covers at least 70% of the half of the shoreland setback
area that is nearest to the water.
(3)
Fishing rafts that are authorized on the Mississippi River under
§ 30.126, Wis. Stats.
(4)
Broadcast signal receivers, including satellite dishes or antennas
that are one meter or less in diameter and satellite earth station
antennas that are two meters or less in diameter.
(5)
Utility transmission and distribution lines, poles, towers, water
towers, pumping stations, well pumphouse covers, private on-site wastewater
treatment systems that comply with Ch. SPS 383, Wis. Admin. Code,
and other utility structures that have no feasible alternative location
outside of the minimum setback and that employ best management practices
to infiltrate or otherwise control stormwater runoff from the structure.
(6)
Walkways, stairways, or rail systems that are necessary to provide
pedestrian access to the shoreline and are a maximum of 60 inches
in width.
(7)
Devices or systems used to treat runoff from impervious surfaces.
B.
Existing exempt structures. Existing exempt structures may be maintained,
repaired, replaced, restored, rebuilt and remodeled, provided that
the activity does not expand the footprint and does not go beyond
the three-dimensional building envelope of the existing structure.
Counties may allow expansion of a structure beyond the existing footprint
if the expansion is necessary to comply with applicable state or federal
requirements.
A.
Reduced principal structure setback. A setback less than the seventy-five-foot
required setback from the OHWM shall be permitted for a proposed principal
structure and shall be determined as follows:
(1)
Where there are existing principal structures in both directions,
the setback shall equal the average of the distances the two existing
principal structures are set back from the OHWM, provided that all
of the following are met:
(a)
Both of the existing principal structures are located on adjacent
lots or parcels to the proposed principal structure.
(b)
Both of the existing principal structures are located within
250 feet of the proposed principal structure.
(c)
Both of the existing principal structures are located less than
75 feet from the OHWM.
(d)
The average setback shall not be reduced to less than 35 feet
from the OHWM of any navigable water.
(2)
Where this is an existing principal structure in only one direction,
the setback shall equal the average of the distance the existing principal
structure is set back from the OHWM and the required setback of 75
feet from the OHWM, provided that all of the following are met:
(a)
The existing principal structure is located on an adjacent lot
or parcel to the proposed principal structure.
(b)
The existing principal structure is located within 250 feet
of the proposed principal structure.
(c)
The existing principal structure is located less than 75 feet
from the OHWM.
(d)
The average setback shall not be reduced to less than 35 feet
from the OHWM of any navigable water.
Buildings and structures to be constructed or placed in a floodplain
shall be required to comply with any applicable floodplain zoning
ordinance.
