[HISTORY: Adopted by the Village Board of the Village of
Luck 5-8-2013 by Res. No. 13-3. Amendments noted where applicable.]
A.
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.
B.
The provisions of this chapter shall apply to the shorelands of all
navigable waters.
C.
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."
D.
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.
A.
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.
B.
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.
A conditional use permit shall be required for any filling or grading:
(1)
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.
(2)
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:
(a)
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.
(b)
Filling or grading on slopes of 20% or more.
(c)
Filling or grading of more than 1,000 square feet on slopes
of 12% to 20%.
(d)
Filling or grading of more than 2,000 square feet on slopes
of 12% or less.
B.
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.
C.
In granting a conditional use permit for filling, grading or lagooning,
the Plan Commission may attach the following conditions in addition
to others:
(1)
The smallest amount of bare ground be exposed for the shortest time
feasible.
(2)
Temporary ground cover such as mulch be used and permanent cover
such as sod be planted.
(3)
Diversions, silting basins, terraces and other methods to trap sediment
be used.
(4)
Dredging to a firm bottom before filling.
(5)
Dredging be conducted in such a manner as to avoid creation of fish
trap conditions.
(6)
Fill is stabilized according to accepted engineering standards.
(7)
Fill will not restrict a floodway or destroy the storage capacity
of a flood plain.
(8)
Walls of a channel or artificial watercourse be stabilized to prevent
slumping.
(9)
Sides of channels or artificial watercourses be constructed with
side slopes of two horizontal to one vertical or flatter, unless vertical
bulkheading is provided.
