The Shoreland-Wetland Zoning District is intended to protect wetlands five acres or greater within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages or 300 feet from the ordinary high water mark of navigable rivers or streams, or the landward side of the floodplain, whichever distance is greater.
(A) District boundaries.
(1) The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the surface water data viewer with the Wetlands, Plant, and Habitat: Wisconsin Wetland Inventory turned on as well as the Wisconsin Wetland Inventory maps stamped “FINAL” on, whichever is determined to provide the best available information, that have been adopted and made a part of this chapter and which are:
(a) Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds, or flowages. Lakes, ponds, or flowages in the municipality shall be presumed to be navigable if they are shown 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; or
(b) Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance 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. Floodplain zoning maps adopted in division (D) below shall be used to determine the extent of floodplain areas.
(2) Determinations of navigability and ordinary high water mark location shall initially be made by the state’s Department of Natural Resources. When questions arise, the Zoning Administrator shall contact the appropriate district office of the state’s Department of Natural Resources for a final determination of navigability or ordinary high water mark.
(3) When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the state’s Department of Natural Resources to determine if the shoreland-wetland district boundary, as mapped, is in error. If the state’s Department of Natural Resources 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 zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in divisions (A)(4) and (A)(5) below, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.
(4) Wetlands which are filled prior to the date on which the municipality received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this chapter.
(5) Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stats. § 30.11 are not subject to this chapter.
(B) Permitted uses. The following uses are permitted, subject to the provisions of Wis. Stats. Chapters 30 and 31, and the provisions of other local, state, and federal laws, if applicable.
(1) Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
(a) Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
(b) 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;
(c) The practice of silviculture, including the planting, thinning, and harvesting of timber;
(d) The pasturing of livestock;
(e) The cultivation of agricultural crops; and
(f) The construction and maintenance of duck blinds.
(2) Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(a) 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;
(b) The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c) The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
(d) The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e) The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(f) 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 adverse impacts upon the natural functions of the shoreland-wetland listed in § 151.07(C); and
(g) The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
(3) Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:
(a) The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or to provide access to uses permitted under division (C) below, provided that:
1. The road cannot, as a practical matter, be located outside the wetland;
2. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in § 151.07(C);
3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
4. Road construction activities are carried out in the immediate area of the roadbed only; and
5. Any wetland alteration must be necessary for the construction or maintenance of the road.
(b) The construction and maintenance of nonresidential buildings, provided that:
1. 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;
2. The building cannot, as a practical matter, be located outside the wetland;
3. The building does not exceed 500 square feet in floor area; and
4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
(c) 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:
1. Any private development allowed under this division (B)(3)(c) shall be used exclusively for the permitted purpose;
2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of park shelters or similar structures is allowed;
3. The construction and maintenance of roads necessary for the uses permitted under this division (B)(3)(c) are allowed only where such construction and maintenance meets the criteria in division (B)(3)(a) above; and
4. 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.
(d) The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines, and related facilities and the construction and maintenance of railroad lines provided that:
1. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
2. Only limited filling or excavating necessary for such construction or maintenance is allowed; and
3. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in § 151.07(C).
(C) Prohibited uses.
(1) Any use not listed in division (B) above is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with § 151.07; and
(2) The uses of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high water mark of any navigable waters are prohibited.
(D) Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this chapter and are on file in the office of the Municipal Clerk:
(1) Wetland inventory. Surface water data viewer with the Wetlands, Plant, and Habitat: Wisconsin Wetland Inventory turned on, DNR website:
http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=SurfaceWaterViewer
(2) Floodplain zoning maps.
(a) Flood Insurance Rate Map (FIRM) panel 0083F, dated 12-4-2007, with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 12-4-2007; and
(b) Flood Insurance Rate Map (FIRM) panel 009IF, dated 12-4-2007, with corresponding profiles that are based on the Flood Insurance Study (FIS) dated 12-4-2007.
(3) United States geological survey map. Newburg, WI NE/4 West Bend 15' U.S.G.S. Quadrangle panel 43088-D1-TF-024, dated 1959 and revised 1994; and
(4) Zoning map. Official Zoning Map of the village, dated 12-6-2007 and adopted on 12-13-2007, with any amendments.
(Prior Code, § 23.04)