For the purpose of administering and enforcing this chapter,
the terms or words used herein shall be interpreted as follows: Words
used in the present tense include the future; words in the singular
number include the plural number; and words in the plural number include
the singular number. The word "shall" is mandatory, not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
The following terms used in this chapter mean:
A strip of vegetated land that allows safe pedestrian access
to the shore through the vegetative buffer zone.
A subordinate structure on the same property as the principal
structure which is devoted to a use incidental to the principal use
of the property. Accessory structures include, but are not limited
to, detached garages, sheds, barns, gazebos, patios, decks, swimming
pools, hot tubs, fences, retaining walls, driveways, parking lots,
sidewalks, detached stairways and lifts.
A permanent structure used for the storage of watercraft
and associated materials and includes all structures which are totally
enclosed, have roofs or walls or any combination of these structural
parts.
The three dimensional space within which a structure is built.
A use which is permitted by this chapter, provided that certain
conditions specified in the chapter are met and that a permit is granted
by the Land Management Committee or, where appropriate, the Board
of Adjustment.
The Wisconsin Department of Natural Resources.
One or more artificial ditches, tile drains, or similar devices
which collect surface runoff or groundwater and convey it to a point
of discharge.
Any property or equipment of a public utility, as defined
in § 196.01(5), Wis. Stats., or a cooperative association
organized under Ch. 185, Wis. Stats., for the purpose of producing
or furnishing heat, light, or power to its members only, that is used
for the transmission, delivery, or furnishing of natural gas, heat,
light, or power.
The land which has been or may be hereafter covered by floodwater
during the regional flood. The floodplain includes the floodway and
the flood fringe as those terms are defined in Ch. NR 116, Wis. Adm.
Code.
The land area covered by a structure at ground level measured
on a horizontal plane. The footprint of a residence or building includes
the horizontal plane bounded by the furthest exterior wall and eave
if present, projected to natural grade. For structures without walls
(decks, stairways, patios, carports), the footprint is a single horizontal
plane bounded by the furthest portion of the structure projected to
natural grade. NOTE: For the purposes of replacing or reconstructing
a nonconforming building with walls, the footprint shall not be expanded
by enclosing the area that is located within the horizontal plane
from the exterior wall to the eaves projected to natural grade. This
constitutes a lateral expansion under NR 115 and would need to follow
NR 115.05(1)(g)5.
Forestry management practices that promote sound management
of a forest. Generally accepted forestry management practices include
those practices contained in the most recent version of the Department
publication known as "Wisconsin Forest Management Guidelines" and
identified as PUB FR-226.
An area that releases as runoff all or a majority of the
precipitation that falls on it. "Impervious surface" excludes frozen
soil but includes rooftops, sidewalks, driveways, parking lots, and
streets unless specifically designed, constructed, and maintained
to be pervious. Roadways as defined in § 340.01(54), Wis.
Admin. Code, or sidewalks as defined in § 340.01(58), Wis.
Admin. Code, are not considered impervious surfaces.
A continuous parcel of land, not divided by a public right-of-way,
and sufficient in size to meet the lot width and lot area provisions
of this chapter.
The area horizontal plane bounded by the front, side, and
rear lot lines of a lot, but not including the area of any land below
the OHWM of navigable waters.
Balancing measures that are designed, implemented and function
to restore natural functions and values that are otherwise lost through
development and human activities.
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other waters
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. Under § 281.31(2)(d), Wis. Stats., notwithstanding
any other provision of law or administrative rule promulgated thereunder,
shoreland ordinances required under § 59.692, Wis. Stats.,
and Ch. NR 115, Wis. Admin. Code, do not apply to lands adjacent to:
Farm drainage ditches where such lands are not adjacent to a
natural navigable stream or river and such lands were not navigable
streams before ditching; and
Artificially constructed drainage ditches, ponds, or stormwater
retention basins that are not hydrologically connected to a natural
navigable water body.
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 such as by erosion, destruction or prevention of terrestrial
vegetation, predominance of aquatic vegetation, or other easily recognized
characteristics.
A parcel of land, other than a lot or block, so designated
on the plat. An outlot may not be used as a building site unless it
is in compliance with restrictions imposed by or under this chapter
with respect to building sites. An outlot may be conveyed regardless
of whether it may be used as a building site.
A flood determined to be representative of large floods known
to have generally occurred in Wisconsin and which may be expected
to occur on a particular stream because of like physical characteristics,
once in every 100 years.
Normally accepted horticultural practices that do not result
in the loss of any layer of existing vegetation and do not require
earth disturbance.
Lands within the following distances from the OHWM of navigable
waters: 1,000 feet from a lake, pond or flowage; and 300 feet from
a river or stream or to the landward side of the floodplain, whichever
distance is greater.
A zoning overlay district, created as a part of a county
zoning ordinance, comprised of shorelands that are designated as wetlands
on the Wisconsin Wetland Inventory Maps prepared by the DNR.
Also known as the "shoreland setback area" in § 59.692(1)(bn),
Wis. Stats., an area in a shoreland that is within a certain distance
of the OHWM in which the construction or placement of structures has
been limited or prohibited under an ordinance enacted under § 59.692,
Wis. Stats.
A principal structure or any accessory structure, including
a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining
wall, porch or fire pit.
A legally created lot or parcel that met minimum area and
minimum average width requirements when created, but does not meet
current requirements for a new lot.
That circumstance where special conditions, which were not
self-created, affect a particular property and make strict conformity
with restrictions governing area, setbacks, frontage, height or density
unnecessarily burdensome or unreasonable in light of the purposes
of this chapter.
An authorization granted by the Board of Adjustment to construct,
alter, or use a building or structure in a manner that deviates from
the dimensional standards of this chapter.
Those areas where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation,
and which have soils indicative of wet conditions.
