§ 150.111 GRADING.
   (A)   General. The following activities must be authorized by permit, except for excavation for permitted structures, drives, sewer systems, and parking areas:
      (1)   Grading and filling in the shore or bluff impact zone;
      (2)   Grading and filling of wetlands;
      (3)   Grading in the bed of public waters;
      (4)   Any alterations of the natural topography when the slope of the land is toward a public water or watercourse involving the movement of more than ten cubic yards of material in a bluff or shore impact zone, or more than 50 cubic yards of material anywhere else within a shoreland area; and
      (5)   Any alteration outside of the shoreland area where the amount of grading exceeds 500 cubic yards.
   (B)   Conditions. The following conditions shall apply.
      (1)   The smallest amount of bare ground is exposed for as short a time as feasible.
      (2)   Four inches of topsoil is placed, temporary ground cover such as mulch is used, and permanent ground cover such as sod is planted.
      (3)   Methods to prevent erosion and trap sediment are employed.
      (4)   Fill is stabilized to acceptable engineering standards and must not create an unstable slope.
      (5)   Plans to place fill or excavated material on steep slopes must be reviewed by a qualified professional for continued slope stability and must not create finished slopes of 30% or greater.
      (6)   Fill or excavated material must not be placed in bluff impact zones.
      (7)   Fill placed in a public water below the ordinary high water line requires a DNR waters permit and a Corps of Engineers permit.
      (8)   Excavation in the bed of public waters requires a DNR waters permit and a Corps of Engineers permit.
      (9)   Only clean fill consisting of sand, gravel, or rock will be allowed where contact with water is anticipated. Mineral soil may be allowed elsewhere.
      (10)   Alterations to topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
   (C)   Wetlands. Grading or filling in any protected wetland is prohibited unless authorized by federal, state, county, and local permitting agencies.
   (D)   Public waters. Connections to public waters of boat slips, canals, lagoons, harbors, and similar inland excavations are prohibited.
   (E)   Roads, driveways, and parking areas. Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from public waters.
      (1)   Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts.
      (2)   Private watercraft access ramps, approach roads, and access-related parking areas are prohibited on lakes with public access or more than one privately-owned but public access. On lakes with no public access, private watercraft access ramps, approach roads, and access-related parking areas may be placed by permit within shore impact zones, provided the vegetative screening and erosion control conditions of this division (E) are met.
   (F)   Ice ridges. If ice ridges occur annually, the property owner may restore the shoreline every year. Removal or grading of an ice ridge must not disturb emergent aquatic vegetation, unless authorized by an aquatic plant management permit from the DNR’s Division of Fisheries. Restoration shall be permitted only where:
      (1)   The ice ridge resulted from ice action within the last year;
      (2)   The total length of shoreline zone to be affected does not exceed 50 feet;
      (3)   All ice ridge material that is composed of muck, clay, or organic sediment is deposited and stabilized at an upland site above the ordinary high water level of any public water;
      (4)   All ice ridge material that is composed of sand or gravel is removed or graded to conform to the original cross-section and alignment of the lakebed, with a finished surface at or below the ordinary high water level;
      (5)   No additional excavation or placement of fill material occurs on the site; and
      (6)   All exposed areas are immediately stabilized as needed to prevent erosion and sedimentation.
(Ord. passed 4-10-2017) Penalty, see § 150.999