§ 13-3-23 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.
   (a)   Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
         (1)   Hiking, fishing, trapping, hunting, swimming, snowmobiling, and boating;
         (2)   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;
         (3)   The practice of silviculture, including the planting, thinning, and harvesting of timber;
         (4)   The pasturing of livestock;
         (5)   The cultivation of agricultural crops; and
         (6)   The construction and maintenance of duck blinds.
   (b)   Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below.
      (1)   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.
      (2)   The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries.
      (3)   The maintenance and repair of existing drainage to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under Wis. Stats. Chapter 30, and that dredged spoil is placed on existing spoil banks where possible.
      (4)   The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance.
      (5)   The construction and maintenance of piers, docks, and walkways, observation decks, and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance.
      (6)   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 the adverse impact upon the natural functions of the shoreland-wetland listed in § 13-3-37(c).
      (7)   The maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement, or reconstruction.
   (c)   Uses which are allowed upon the issuance of a building permit and which may include wetland alterations only to the extent specifically provided below.
      (1)   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 in this section, provided that:
         a.   The road cannot, as a practical matter, be located outside the wetland;
         b.   The road is designed and constructed to minimize the adverse, impact upon the natural functions of the wetland listed in § 13-3-37(c);
         c.   The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
         d.   Road construction activities are carried out in the immediate area of the roadbed only; and
         e.   Any wetland alteration must be necessary for the construction or maintenance of the road.
      (2)   The construction and maintenance of non-residential buildings, provided that:
         a.   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;
         b.   The building cannot, as a practical matter, be located outside the wetland;
         c.   The building does not exceed 500 square feet in floor area; and
         d.   Only limited filling and excavating necessary to provide structural support for the building is allowed.
      (3)   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 preserves, and public boat launching ramps, provided that:
         a.   Any private development allowed under this subsection (c)(3) shall be used exclusively for the permitted purpose;
         b.   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;
         c.   The construction and maintenance of roads necessary for the uses permitted under this subsection (c)(3) are allowed only where such construction and maintenance meets the criteria in subsection (c)(1) above; and
         d.   Wetland alterations in game refuges and closed areas, fish, and wildlife habitat improvement projects, game bird, and animal farms. Wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
      (4)   The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, and the construction and maintenance of railroad lines, provided that:
         a.   The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;
         b.   Only limited filling or excavating necessary for such construction or maintenance is allowed; and
         c.   Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in § 13-3-37(c).
(Prior Code, § 13-3-23)