For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related, and which is located on the same lot as that of the principal structure or use.
DEPARTMENT. The Wisconsin Department of Natural Resources.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
DRAINAGE SYSTEM. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
ENVIRONMENTAL CONTROL FACILITY. Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards, or which are to be supplemented or replaced by other pollution control facilities.
NAVIGABLE WATERS. 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 Wisconsin Statutes § 144.26(2)(d), notwithstanding any other provision of law or administrative rule
promulgated thereunder, shoreland codes required under Wisconsin Statutes §§ 61.351 or 62.231 and chapter NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
(1) Such lands are not adjacent to a natural navigable stream or river;
(2) Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
(3) Such lands are maintained in nonstructural agricultural use.
Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.
ORDINARY HIGH-WATER MARK. 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 characteristic.
PLANNING AGENCY. The municipal plan commission created under Wisconsin Statutes § 62.23(1), a board of public land commissioners or a committee of the municipality’s governing body which acts on matters pertaining to planning and zoning.
PRINCIPAL BUILDING. The main building or structure on a single lot or parcel of land, including any attached garage or attached porch.
SHORELAND SETBACK AREA. As defined in Wisconsin Statutes § 59.692(l)(bn).
SHORELAND-WETLAND DISTRICT. The zoning district created in this chapter, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this Code.
SHORELANDS.
(1) The meaning given in Wisconsin Statutes § 59.692(1 )(b);
(2) Lands within the following distances from the ordinary high-water mark 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.
WETLAND ALTERATION. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
WETLANDS. Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions.
(Ord. 1001, passed 7-21-15)