[HISTORY: Adopted by the Village Board of the Village of Luck 5-8-2013 by Res. No. 13-3. Amendments noted where applicable.]
The purposes of this chapter are to prevent and control water pollution; protect spawning grounds, fish and aquatic life; and to preserve shore cover and natural beauty.
The provisions of this chapter shall apply to the shorelands of all navigable waters.
Lakes, ponds or flowages shall be considered as navigable for the purposes of this Section if they are listed in the Wisconsin Division publication "Wisconsin Lakes 218-64."
Rivers or streams shall be considered navigable for the purposes of this chapter if they are indicated as "continuous" on the United States Geological Quadrangle Survey Maps.
For lots that abut on navigable waters, all buildings and structures except piers, marinas, boat houses and similar uses which require a lesser setback as determined by the Board of Appeals, shall be set back at least 75 feet from the high water line and elevated at least two feet above the experienced high water elevation unless otherwise specified by the Floodplain Zoning Ordinance.
Seepage, pits and soil absorption fields shall be set back at least 50 feet from the normal high water elevation. The Building Inspector shall determine the normal high water elevation or line where not established. Furthermore, it shall be the duty of the Building Inspector to determine that the design, location and construction of private sewage disposal facilities are in conformation with applicable state and Village Codes.
A conditional use permit shall be required for any filling or grading:
Of the bed of a navigable body of water. In addition, a permit shall be obtained from the Department of Natural Resources or any other state agency having jurisdiction under the provisions of Sections 30.11 and 30.12, Wis Stats.
Of any area which is within 300 feet horizontal distance of a navigable water and which has surface drainage toward the water and on which there is:
Filling of more than 500 square feet of any wetland which is continuous to the water. For purposes of this section, a wetland shall be defined as any area where groundwater is at or near the surface a substantial part of the year.
Filling or grading on slopes of 20% or more.
Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.
Filling or grading of more than 2,000 square feet on slopes of 12% or less.
A conditional use permit shall be required before construction or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar waterway which is within 500 feet of the high-water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, diversions and grassed waterways which are used for sediment retardation.
In granting a conditional use permit for filling, grading or lagooning, the Plan Commission may attach the following conditions in addition to others:
The smallest amount of bare ground be exposed for the shortest time feasible.
Temporary ground cover such as mulch be used and permanent cover such as sod be planted.
Diversions, silting basins, terraces and other methods to trap sediment be used.
Dredging to a firm bottom before filling.
Dredging be conducted in such a manner as to avoid creation of fish trap conditions.
Fill is stabilized according to accepted engineering standards.
Fill will not restrict a floodway or destroy the storage capacity of a flood plain.
Walls of a channel or artificial watercourse be stabilized to prevent slumping.
Sides of channels or artificial watercourses be constructed with side slopes of two horizontal to one vertical or flatter, unless vertical bulkheading is provided.