(a) Boundaries. The shoreland-wetland zoning district includes all wetlands in the village, which are five acres or more and are shown on the final wetland inventory map that has been adopted and made a part of this chapter in § 13-3-21, 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 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 in § 13-3-21; and
(2) 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 in § 13-3-21.
(b) Farm drainage ditches. Under Wis. Stats. § 281.31(2m), the shoreland jurisdiction to which the shoreland-wetland district applies, does not include 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 on navigable streams before ditching, or had no previous stream history; and
(3) Such lands are maintained in nonstructural agriculture use.
(c) Determinations of navigability. The Zoning Administrator, Clerk, and highest elected official, as appropriate, shall initially make a determination of navigability and ordinary high-water mark. When questions arise, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall contact the appropriate office of the State Department of Natural Resources for the final determination of navigability or ordinary high-water mark.
(d) Discrepancies. When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official shoreland-wetland zoning maps and the actual field conditions at the time the maps were adopted, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall contact the appropriate office of the Department of Natural Resources to determine if the shoreland-wetland district boundary as mapped is in error. If the DNR staff concurs with the Zoning Administrator, Clerk, and highest elected official, as appropriate, that a particular area was incorrectly mapped as a wetland, the Zoning Administrator, Clerk, and highest elected official, as appropriate, 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 shoreland-wetland zoning maps, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall be responsible for initiating a shoreland-wetland map amendment within a reasonable period.
(Prior Code, § 13-3-22)