Purpose. The residents of Portage County, whether served by private wells or municipal supplies, depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection Ordinance is to institute land use regulations and restrictions to protect the municipal water supplies of the Villages of Amherst, Junction City, Plover and Whiting, and the City of Stevens Point, and to promote the public health, safety and general welfare of the residents of Portage County.

Authority. Statutory authority of the County to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety and welfare. This section is adopted pursuant to the authorization in Wis. Stats. § 59.69.

The regulations specified in this Wellhead Protection Ordinance shall apply to the unincorporated areas of Portage County that lie within the recharge areas for municipal water supply wells as a Groundwater Protection Overlay District and are in addition to the requirements in the underlying zoning district. If there is a conflict between this section and the Zoning Ordinance, the more restrictive provision shall apply.

The Groundwater Protection Overlay District is divided into three districts; District A, District B, and District C. All district boundaries are intended to end or begin at road centerlines, railways, surface water features, or tax parcel lines. The boundaries of the districts are shown upon maps of Portage County, being designated as the "Groundwater Protection Districts for Municipal Recharge Areas in Portage County" as adopted or amended by the County Board.

For the purpose of this section the definitions contained in section 7.1.6(10) are hereby incorporated by reference.

(1)

Animal confinement facilities means locations of confinement of livestock at a density exceeding three animal units per acre and more than 500 animal units in total.

(2)

Animal units means a unit of measure used to determine the total number of single animal types or combination of animal types, as specified in Wis. Admin. Code NR 243.11, that are at an animal feeding operation.

(3)

Aquifer means a saturated, permeable geologic formation that contains and will yield significant quantities of water.

(4)

Cone of depression means the area around a municipal well, in which the water level has been lowered at least one tenth of a foot by pumping the well.

(5)

Farm plan means a written document which details the conduct and management of agricultural activities on a farm utilizing best management practices and applicable Federal, State, and local standards based on the potential contamination of groundwater. A farm plan must be approved by the Land and Water Conservation section of the Planning and Zoning Department.

(6)

Hazardous chemical means chemicals identified as hazardous by CFR 40 Part 302.

(7)

POWTS means private On-Site Wastewater Treatment System or POWTS, has the meaning given under Wis. Stats. § 145.01(12).

(8)

Recharge area means area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

(9)

Ten-year time of travel (TOT) means the Ten-Year TOT is the recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take ten years to reach a pumping well.

(10)

Toxic means when ingested or absorbed, is harmful or fatal to living organisms.

(11)

Twenty-year time of travel (TOT) means the Twenty-Year TOT is the recharge area upgradient of the cone of depression, the outer boundary of which his determined or estimated that groundwater will take 20 years to reach a pumping well.

(12)

Wellfield means a piece of land used primarily for the purpose of locating wells to supply a municipal water system.

(1)

Intent. District A of the groundwater protection overlay district is the area of land within the cone of depression as shown on the groundwater protection overlay district maps. These lands are subject to the most stringent land use and development restrictions because of close proximity to the wells and therefore greatest threat of contamination.

(2)

Permitted Uses. The following uses are permitted uses within Groundwater Protection Overlay District A, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d). Uses not listed here or in section 7.2.4(3) are considered prohibited uses unless a determination of similarity to a permitted or special exception use (based on potential for groundwater contamination) is made by the Zoning Administrator.

(a)

Parks and playgrounds, provided there are no POWTS dispersal components or fuel storage tank facilities.

(b)

Wildlife areas, natural and woodland areas.

(c)

Nonmotorized trails, such as biking, skiing, nature and fitness trails.

(d)

Sewered residential developments subject to conditions in Section 7.2.5(3).

(e)

Unsewered (single family) residential development only on existing lots of record on the effective date of this section and subject to the conditions in section 7.2.5(3).

(f)

Agricultural activities, except those listed as prohibited, subject to conditions in section 7.2.5(3).

(g)

Above ground liquid propane tanks, 1,000 gallons or less, accessory to a permitted or special exception use.

(3)

Special Exceptions. The following uses may be allowed as special exceptions within Groundwater Protection Overlay District A, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d).

(a)

Commercial uses served by municipal sanitary sewer except those listed as prohibited in section 7.2.4(4) and subject to conditions in section 7.2.5(3).

(4)

Prohibited Uses. The following uses are prohibited uses within the Groundwater Protection Overlay District A. These uses are prohibited based on the high probability that the activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination.

(a)

Above or below ground hydrocarbon, petroleum, or hazardous chemical bulk storage tanks.

(b)

Animal confinement facilities.

(c)

Any manufacturing or industrial use;

(d)

Any commercial use where hazardous chemicals are an integral part of such use including but not limited to:

1.

Bulk fertilizer and/or pesticide facilities;

2.

Dry cleaning businesses;

3.

Electroplating facilities;

4.

Exterminating businesses;

5.

Gas stations;

6.

Paint and coating manufacturing;

7.

Printing and duplicating businesses;

8.

Radioactive or toxic materials storage and waste facilities;

(e)

Asphalt and concrete products manufacturing.

(f)

Automobile, truck, agricultural implement and equipment, municipal, small engine and other vehicle repair of a commercial nature.

(g)

Bus or truck terminals.

(h)

Cemeteries.

(i)

Junk yards or auto salvage yards.

(j)

Landfills or waste disposal facilities.

(k)

Nonmetallic mining.

(l)

Manure and animal waste storage facilities.

(m)

Recycling facilities.

(n)

Salt or deicing material storage.

(o)

Septage and/or sewage sludge spreading.

(p)

Slaughterhouses.

(q)

Spray wastewater facilities.

(r)

Wastewater treatment or disposal facilities that are commercial, industrial, or municipal.

(1)

Intent. District B of the groundwater protection overlay district is the area of land which contributes water to the municipal well starting at the line which delineates the cone of depression and ends at the line delineating the ten year time of travel. Land use regulations within Groundwater Protection Overlay District B are less restrictive than in Overlay District A because of longer flow times and a greater potential for remediation, dilution and attenuation. Agricultural Best Management Practices (BMP) minimizing use of pesticides and fertilizers are strongly encouraged.

(2)

Permitted Uses. The following uses are permitted within Groundwater Protection Overlay District B, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d). Uses not listed here or in section 7.2.5(4) are considered prohibited uses unless a determination of similarity to a permitted or special exception use (based on potential for groundwater contamination) is made by the Zoning Administrator.

(a)

All uses listed as permitted uses in Groundwater Protection Overlay District A.

(b)

Commercial, manufacturing and/or industrial uses served by municipal sanitary sewer, except those listed as prohibited uses.

(c)

Unsewered (single family) residential uses, subject to the conditions in section 7.2.5(3).

(3)

Design And Performance Standards. The following standards and requirements shall apply to all uses permitted within Groundwater Protection Overlay District B.

(a)

Minimum lot size for unsewered uses shall be two acres. Lot sizes less than two acres may be allowed for any one of the following:

1.

Existing lots of record on the effective date of this section;

2.

Developments which will be served by municipal sewer within five years of the approval of the development;

3.

Developments utilizing the "Open Space Design Option" of the "Portage County Subdivision Ordinance";

Only lots zoned Single Family Residence, One and Two Family Residence, and Waterfront Residence Districts as listed in section 7.1 Portage County Ordinances can be smaller than two acres. The number of units allowed shall be based on a net density calculation using a conventional subdivision design as a two acre subdivision but provided that an overall density of one unit per two acres is not exceeded.

(b)

Nitrogen applications on manicured lawn or grass may not exceed rates described in UW Extension publication A2303.

(c)

Natural vegetative covers, not requiring the use of pesticides or fertilizers after initial establishment are encouraged as an alternative to manicured lawn or grass.

(d)

All petroleum product storage tanks shall provide leak proof containment not less than 125 percent of the tank volume, except basement heating fuel storage tanks.

(e)

All storm drainage from commercial and industrial sites shall be retained on site or discharged to a municipally operated storm drain. If retained on site, storm water shall be discharged to settling ponds where it will percolate through at least six inches of topsoil with vegetation. Use of drywells or other subsurface drains for storm water drainage is prohibited.

(f)

Pesticide and fertilizer storage is permitted at the location of retail sales of these products, provided that the products are delivered in retail quantity containers and no repackaging and/or mixing is done on site.

(g)

Pesticide and fertilizer storage is permitted for on farm use by the owner or farm operator.

(h)

Bulk liquid pesticide/fertilizer storage containers exceeding 55 gallons are permitted providing the containers are located within a leakproof containment area not less than 125 percent of the volume of the largest container. ICC approved transport containers do not require containment.

(i)

Salt storage must conform to standards in Wis. Admin. Code ch. Trans. 277.

(j)

Fertilizer and animal waste shall not be applied at rates which exceed the nutrient requirements of the crops grown on the applicant site as listed in the University of Wisconsin Extension publication A2809, Nutrient Application Guidelines for field, vegetable, and fruit crops in Wisconsin.

(k)

Conduct and management of agricultural activities shall be subject to a farm plan (based on the potential for groundwater contamination) utilizing best management practices and applicable federal, state, and local standards to be approved by the land and water conservation section.

(4)

Special Exceptions. The following uses may be allowed as special exceptions within Groundwater Protection Overlay District B, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d).

(a)

Fertilizer storage and use associated with retail sales outlets;

(b)

Cemeteries;

(c)

Salt and deicing storage, including sand/salt combinations;

(d)

Recycling facilities;

(e)

Bus or truck terminals;

(f)

Commercial uses which do not require municipal sanitary sewer or POWTS including, but not limited to, mini-warehousing;

(g)

Gas Stations.

(5)

Prohibited Uses. The following uses are prohibited uses within Groundwater Protection Overlay District B except as provided in sections 7.2.5(3) or 7.2.5(4). These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination.

(a)

Below ground hydrocarbon, petroleum, or hazardous chemical bulk storage tank;

(b)

Animal confinement facilities;

(c)

Any unsewered commercial, manufacturing and/or industrial use;

(d)

Any commercial, manufacturing, or industrial use where hazardous chemicals are an integral part of such use including but not limited to:

1.

Bulk fertilizer and/or pesticide facilities;

2.

Dry cleaning businesses;

3.

Electroplating facilities;

4.

Exterminating businesses;

5.

Paint and coating manufacturing;

6.

Printing and duplicating businesses;

7.

Radioactive or toxic materials storage and waste facilities;

(e)

Asphalt and concrete products manufacturing;

(f)

Automobile, truck, agricultural implement and equipment, municipal, small engine, and other vehicle repair of a commercial nature;

(g)

Junk yards or auto salvage yards;

(h)

Landfills or waste disposal facilities;

(i)

Nonmetallic mining;

(j)

Septage and/or Sewage sludge spreading;

(k)

Slaughterhouses;

(l)

Spray wastewater facilities;

(m)

Wastewater treatment or disposal facilities that are commercial, industrial, or municipal.

(1)

Intent. District C of the groundwater protection overlay district is the area of land which contributes water to the municipal well starting at the line which delineates the ten-year time of travel and ends at the line delineating the 20-year time of travel. Management measures in this District are the least restrictive of the recharge districts. Agricultural Best Management Practices (BMP) minimizing use of pesticides and fertilizers are strongly encouraged.

(2)

Permitted Uses. The following uses are permitted within Groundwater Protection Overlay District C, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 8.11.12(5)(d). Uses not listed here or in section 7.2.6(3) are considered prohibited uses unless a determination of similarity to a permitted or special exception use (based on potential for groundwater contamination) is made by the Zoning Administrator.

(a)

All uses permitted in Groundwater Protection Overlay Districts A and B.

(b)

Salt and deicing storage, including sand salt combinations.

(c)

Aboveground hydrocarbon and petroleum product storage tanks accessory to a permitted use or special exception use.

(d)

Unsewered residential uses, subject to the conditions in section 7.2.5(3).

(3)

Special Exceptions. The following uses may be allowed as special exceptions within Groundwater Protection Overlay District C, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d).

(a)

Below ground hydrocarbon, petroleum, or hazardous chemical bulk storage tank;

(b)

Animal confinement facilities;

(c)

Any unsewered commercial, manufacturing and/or industrial use;

(d)

Any commercial, manufacturing, or industrial use where hazardous chemicals are an integral part of such use including but not limited to:

1.

Bulk fertilizer and/or pesticide facilities;

2.

Dry cleaning businesses;

3.

Electroplating facilities;

4.

Exterminating businesses;

5.

Gas stations;

6.

Paint and coating manufacturing;

7.

Printing and duplicating businesses.

(e)

Asphalt and concrete products manufacturing;

(f)

Automobile, truck, agricultural implement and equipment, municipal, small engine and other vehicle repair of a commercial nature;

(g)

Bus or truck terminals;

(h)

Cemeteries;

(i)

Junk yards or auto salvage yards;

(j)

Landfills or waste disposal facilities;

(k)

Nonmetallic mining;

(l)

Recycling facilities;

(m)

Septage and/or sewage sludge spreading;

(n)

Slaughterhouses;

(o)

Spray wastewater facilities;

(p)

Wastewater treatment or disposal facilities that are commercial, industrial, or municipal.

(4)

Design And Performance Standards. The following standards and requirements shall apply to all uses permitted within Groundwater Protection Overlay District C.

(a)

Pesticide and fertilizer storage is permitted at the location of retail sales of these products, provided that the products are delivered in retail quantity containers and no repackaging and/or mixing is done on site.

(b)

Bulk liquid pesticide/fertilizer storage containers exceeding 55 gallons are permitted providing the containers are located within a leak proof containment area not less than 125 percent of the volume of the largest container. ICC approved transport containers do not require containment.

(c)

All storm drainage from commercial and industrial sites shall be retained on site or discharged to a municipally operated storm drain. If retained on site, storm water shall be discharged to settling ponds where it will percolate through at least six inches of topsoil with vegetation. Use of drywells or other subsurface drains for stormwater drainage is prohibited.

(d)

Hazardous/toxic materials storage and use. Site plan review required, including description of all materials, operational practices to prevent groundwater contamination, contingency plan for accidental discharges, and a proposed disposal plan for anticipated wastes.

(e)

Salt storage must conform to standards in Wis. Admin. Code ch. Trans. 277.

(f)

Minimum lot size for unsewered lots shall be two acres, except as provided in section 7.2.5(3)(a).

(g)

Fertilizer, animal waste, septage, and sewage sludge shall not be applied at rates which exceed the nutrient requirements of the crops grown on the application site as listed in the University of Wisconsin Extension publication A2809, Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin.

(h)

Pesticide and fertilizer storage is permitted for on-farm use by the owner or operator.

(i)

Conduct and management of agricultural activities shall be subject to a farm plan (based on the potential for groundwater contamination) utilizing best management practices and applicable federal, state, and local standards to be approved by the land and water conservation section.

(5)

Prohibited Uses. The following uses are prohibited in this district:

(a)

Hazardous/toxic waste facilities;

(b)

Radioactive waste facilities.

(1)

Determinations. The boundaries of the Groundwater Protection Overlay Districts shall be as shown on the maps titled Groundwater Protection Districts for Municipal Recharge Areas in Portage County, as adopted or amended by the County Board. Boundary determinations for specific properties shall be made by the Zoning Administrator.

(2)

Variances, Special Exceptions and Administrative Appeals. Variances, special exceptions and administrative appeals shall be made to the Board of Adjustment as provided in section 7.1.6(5) Portage County Ordinance.

(3)

Changes And Amendments. The Board of Supervisors of Portage County may from time to time amend, supplement or change by Ordinance the boundaries of Districts or regulations herein as provided in section 7.1.6(7) Portage County Ordinance.

(4)

Nonconforming Uses And Structures.

Structures or uses of premises, which existed lawfully at the time of enactment of this section, shall be regulated as provided in section 7.1.6(1)(a)6. Portage County Ordinance.

Any use listed as a prohibited use within a Groundwater Protection Overlay District on the effective date of this Ordinance will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved, and the appropriate permit issued by the Planning and Zoning Department, prior to any work being initiated.

(5)

Enforcement And Penalties. The provisions of this section shall be enforced as provided in section 7.1.6(8) Portage County Ordinance.

(6)

Severability. If any portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

(Ord. of 2-2-1993; Res. No. 174-2020-2022, 11-9-2021)