A.
The Shoreland-Wetland Zoning District includes all wetlands in the Village which are five acres or more in size and are shown on the final wetland inventory map that has been adopted and made a part of this chapter in § 216-11 and which are:
(1)
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the village shall be presumed to be navigable if they are listed in the Department publication, Surface Water Resources of Polk County, or are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been made a part of this chapter in § 216-11.
(2)
Within 300 feet of the ordinary high-water mark of navigable rivers or streams or to the landward side of the floodplain, whichever is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter in § 216-11. Floodplain zoning maps adopted in § 216-11 shall be used to determine the extent of floodplain areas.
B.
Determinations of navigability and ordinary high-water
mark location shall initially be made by the Zoning Administrator.
When questions arise, the Zoning Administrator shall contact the appropriate
district office of the Department for a final determination of navigability
or ordinary high-water mark.
C.
When an apparent discrepancy exists between the Shoreland-Wetland
District boundary shown on the official zoning maps and the actual
field conditions at the time the maps were adopted, the Zoning Administrator
shall contact the appropriate district office of the Department to
determine if the Shoreland-Wetland District boundary as mapped is
in error. If Department staff concur with the Zoning Administrator
that a particular area was incorrectly mapped as a wetland, the Zoning
Administrator shall have the authority to immediately grant or deny
a land use or building permit in accordance with the regulations applicable
to the correct zoning district. In order to correct wetland mapping
errors shown on the official zoning maps, the Zoning Administrator
shall be responsible for initiating a map amendment within a reasonable
period.
D.
[1]Under W.S.A. s. 281.31(2m), notwithstanding any other provision
of law or administrative rule, wetland zoning ordinances required
under W.S.A. s. 61.351 and Chapter NR 117, Wisconsin Administrative
Code, do not apply to lands adjacent to farm drainage ditches if:
The following uses are permitted, subject to
the provisions of W.S.A. chs. 30 and 31 and the provisions of other
local, state and federal laws, if applicable:
A.
Activities and uses which do not require the issuance
of a zoning permit, provided that no wetland alteration occurs:
(1)
Hiking, fishing, trapping, hunting, swimming, snowmobiling
and boating.
(2)
The harvesting of wild crops, such as marsh hay, ferns,
moss, wild rice, berries, tree fruits and tree seeds in a manner that
is not injurious to the natural reproduction of such crops.
(3)
The practice of silviculture, including the planting,
thinning and harvesting of timber.
(4)
The pasturing of livestock.
(5)
The cultivation of agricultural crops.
(6)
The construction and maintenance of duck blinds.
B.
Uses which do not require the issuance of a zoning
permit and which may involve wetland alterations only to the extent
specifically provided below:
(1)
The practice of silviculture, including limited, temporary
water level stabilization measures which are necessary to alleviate
abnormally wet or dry conditions that would have an adverse impact
on the conduct of silvicultural activities if not corrected.
(2)
The cultivation of cranberries, including limited
wetland alterations necessary for the purpose of growing and harvesting
cranberries.
(3)
The maintenance and repair of existing drainage systems
where permissible under W.S.A. s. 30.20 to restore preexisting levels
of drainage, including the minimum amount of filling necessary to
dispose of dredged spoil, provided that the filling is permissible
under W.S.A. ch. 30 and that dredged spoil is placed on existing spoil
banks where possible.
(4)
The construction and maintenance of fences for the
pasturing of livestock, including limited excavating and filling necessary
for such construction or maintenance.
(5)
The construction and maintenance of piers, docks and
walkways, observation decks and trail bridges built on pilings, including
limited excavating and filling necessary for such construction or
maintenance.
(6)
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed in § 216-16 of this chapter.
(7)
The maintenance, repair, replacement and reconstruction
of existing highways and bridges, including limited excavating and
filling necessary for such maintenance, repair, replacement or reconstruction.
C.
Uses which are allowed upon the issuance of a conditional
use permit and which may include wetland alterations only to the extent
specifically provided below:
(1)
The construction and maintenance of roads which are
necessary for the continuity of the village street system, for the
provision of essential utility and emergency services or to provide
access to uses permitted under this section, provided that:
(a)
The road cannot as a practical matter be located
outside the wetland.
(b)
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in § 216-16A of this chapter.
(c)
The road is designed and constructed with the
minimum cross-sectional area practical to serve the intended use.
(d)
Road construction activities are carried out
in the immediate area of the roadbed only.
(e)
Any wetland alteration must be necessary for
the construction or maintenance of the road.
(2)
The construction and maintenance of nonresidential
buildings, provided that:
(a)
The building is used solely in conjunction with
a use permitted in the Shoreland-Wetland District or for the raising
of waterfowl, minnows or other wetland or aquatic animals.
(b)
The building cannot as a practical matter be
located outside the wetland.
(c)
The building does not exceed 500 square feet
in floor area.
(d)
Only limited filling and excavating necessary
to provide structural support for the building is allowed.
(3)
The establishment and development of public and private
parks and recreation areas, outdoor education areas, historic, natural
and scientific areas, game refuges and closed areas, fish and wildlife
habitat improvement projects, game bird and animal farms, wildlife
preserves and public boat launching ramps, provided that:
(a)
Any private development allowed under this Subsection C(3) shall be used exclusively for the permitted purpose.
(b)
Only limited filling and excavating necessary
for the development of public boat launching ramps or swimming beaches
or the construction of park shelters or similar structures is allowed.
(d)
Wetland alterations in game refuges and closed
areas, fish and wildlife habitat improvement projects, game bird and
animal farms and wildlife preserves shall be for the purpose of improving
wildlife habitat or to otherwise enhance wetland values.
(4)
The construction and maintenance of electric and telephone
transmission lines and water, gas and sewer lines and related facilities
and the construction and maintenance of railroad lines, provided that:
A.
[1]Rezoning of a shoreland-wetland shall require amendment of the final Wisconsin wetland inventory map adopted in § 216-11 pursuant to procedures established in § 216-35. In order to ensure that any amendment will be consistent with the shoreland protection objectives of W.S.A. s. 281.31, the village shall not rezone a wetland in a Shoreland-Wetland Zoning District or any portion thereof where the proposed rezoning may result in a significant adverse impact upon any of the following:
(1)
Stormwater and floodwater storage capacity.
(2)
Maintenance of dry season stream flow, discharge of
groundwater to a wetland, the recharge of groundwater from a wetland
to another area or the flow of groundwater through a wetland.
(3)
Filtering or storage of sediments, nutrients, heavy
metals or organic compounds that would otherwise drain into navigable
waters.
(4)
Shoreline protection against soil erosion.
(5)
Spawning, breeding, nursery or feeding grounds of
fish.
(6)
Wildlife habitat.
(7)
Areas of special recreational, scenic or scientific
interest, including scarce wetland types and habitat of endangered
species.
B.
Upon notification of a proposed amendment as required by § 216-35, if the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection A, the Department shall so notify the village of its determination either prior to or during the public hearing held on the proposed amendment.
C.
If the Department notifies the Village Plan Commission, in writing, that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection A, that proposed amendment, if approved by the village, shall not become effective until more than 30 days have elapsed since written notice of the Board approval was mailed to the Department as required by § 216-35. If within the thirty-day period the Department notifies the Board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the village under W.S.A. s. 61.351(6), the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the Board decision on the proposed amendment shall advise the petitioner of the provisions of this section.
