The Shoreland-Wetland Zoning District includes all wetlands and portions of wetlands in the Village which are five acres or more and are shown on the Wisconsin Department of Natural Resources (DNR) Surface Water Data Viewer that has 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 Village shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps that have been incorporated by reference and made a part of this Chapter.
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 maps which have been incorporated by reference and made a part of this Chapter. Floodplain zoning maps adopted in Chapter 37 shall be used to determine the extent of floodplain areas.
C. 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 DNR for a final determination of navigability or ordinary high-water mark.
D. When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official maps and actual field conditions, 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 in writing 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 subsections E. and F. of this section, the land owner shall be responsible for initiating a map amendment within a reasonable period.
E. Filled Wetlands. Wetlands which were filled prior to July 26, 1988 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.
F. Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982 under Wis. Stat. s. 30.11 are not subject to this Chapter.
(Ord. 2022-7, passed 11-16-2022)