This article is enacted to prevent and control water pollution; to protect spawning grounds, fish and aquatic life; and to preserve shore cover and natural beauty.

(Ord. No. 643-09, §§ I, II, 4-8-09)

All provisions of this article shall apply to the shoreland of all navigable waters within the jurisdiction of this zoning ordinance. The shoreland-wetland provisions of this article shall apply to wetlands shown on the referenced maps, or existing in fact at the time of development, and located within the shoreland of navigable waters.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The maps designated below are hereby adopted and made part of this chapter by reference.

(1)

United States Geological Survey Quadrangle Maps for Columbia County and for Dodge County (revised November 10, 1981), as updated from time to time.

(2)

Wisconsin Wetland Inventory maps stamped "FINAL" on May 25, 1983, as updated from time to time.

(3)

Official floodplain zoning map adopted per chapter 46.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication "Surface Water Resources of Columbia County" or "Surface Water Resources of Dodge County" or are shown on United States Geological Survey quadrangle maps, as referenced.

(2)

Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps, as referenced.

(3)

Determinations of navigability and ordinary high-water mark shall initially be made by the zoning administrator. The Wisconsin Department of Natural Resources is responsible for final determination of navigability or ordinary high-water mark.

(4)

The official floodplain zoning map as referenced shall be used to determine the location of floodplain for the purpose of this article.

(5)

Where an apparent discrepancy exists between the Wisconsin Wetland Inventory maps and actual field conditions, the property owner shall be responsible for having a qualified individual perform a wetland delineation and for obtaining a letter of concurrence from the Wisconsin Department of Natural Resources.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

With the exception of piers, boat hoists, boathouses and similar structures, all buildings and structures shall be set back at least 75 feet from the ordinary high-water mark of navigable waters.

(2)

Seepage pits and soil absorption fields shall be set back at least 50 feet from the ordinary high-water mark of navigable waters.

(3)

With the exception of one 30-foot-wide path for every 100 feet of shoreline, the clear-cutting of trees and shrubs is not allowed in the strip of land from the ordinary high-water mark of navigable waters to 35 feet inland. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Permits required. A conditional use permit shall be required for any filling, grading or construction within 75 feet of a navigable body of water or within 50 feet of a shoreland-wetland. In addition, all required permits shall be obtained from the Wisconsin Department of Natural Resources.

(2)

Conditions may be attached. In granting a conditional use permit for filling, grading or lagooning, the plan commission may require, in addition to the conditions specified elsewhere in this chapter, that:

(a)

The smallest amount of bare ground be exposed for the shortest time feasible.

(b)

Temporary ground cover such as mulch be used and permanent cover such as sod be planted.

(c)

Diversions, silting basins, terraces and other methods to trap sediment be used.

(d)

Dredging be done to a firm bottom before filling.

(e)

Dredging be so conducted as to avoid creating fish trap conditions.

(f)

Fill be stabilized according to accepted engineering standards.

(g)

Fill not restrict a floodway or reduce the storage capacity of a floodplain.

(h)

Walls of a channel or artificial watercourse be stabilized to prevent slumping.

(i)

Sides of channels or artificial watercourses be constructed with side slopes of two horizontal to one vertical or flatter, unless vertical bulkheading is provided.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The use of a boathouse for human habitation and the construction or placing of a boathouse waterward beyond the ordinary high-water mark of any navigable waters are prohibited.

(2)

Boathouses shall be designed solely for storage of boats and related equipment, and there shall be no more than one boathouse per lot.

(3)

The high point of the roof elevation of a boathouse shall not be more than 12 feet vertical measurement above the ordinary high-water mark.

(4)

A boathouse shall not exceed 600 square feet in floor area. Width shall be limited to 24 feet or a maximum of 50 percent of lot width as measured at the waterline.

(5)

Earth-tone colors shall be required for all exterior surfaces of a boathouse.

(6)

Railings may be placed on top of a boathouse in excess of the 12-foot height limit provided that the railing does not exceed three and one-half feet in height and is not more than 40 percent solid in appearance as viewed from a right angle.

(7)

Boathouses shall not be constructed where:

(a)

The original slope exceeds 33 percent.

(b)

Any part of the roofline of the structure will extend below the original grade of the bank.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Uses in shoreland-wetlands are limited to the following:

(1)

Permitted uses, provided that no wetland alteration occurs, are as follows:

(a)

Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating.

(b)

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)

Silviculture, including the planting, thinning and harvesting of timber.

(d)

Pasturing of livestock.

(e)

Cultivation of agricultural crops.

(2)

Permitted uses, provided that wetland alterations are limited as specified:

(a)

The maintenance and repair of existing agricultural drainage systems to restore preexisting levels of drainage including the minimum filling necessary for disposal of dredged spoil, provided that it is placed on existing spoil banks where possible and the filling is permissible by Wis. Stats. Ch. 30.

(b)

The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance.

(c)

The construction or maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction and maintenance.

(d)

The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland, 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.

(e)

The maintenance, repair, replacement or reconstruction of existing streets, highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.

(f)

The construction of streets, highways and bridges which are necessary for the continuity of the city street system, the provision of essential utility and emergency services or to provide access to uses permitted under this article, 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 impact upon the natural functions of the wetland.

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.

5.

Wetland alterations are limited to those which are necessary for the construction or maintenance of the road.

(3)

Uses allowed upon the issuance of a conditional use permit, provided that wetland alterations are limited as specified:

(a)

The construction or maintenance of nonresidential buildings, provided that:

1.

The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted under the terms of this article.

2.

The building cannot, as a practical matter, be located outside the wetland.

3.

Such building is not designed for human habitation and does not exceed 500 square feet in floor area.

4.

Filling and excavating do not exceed the minimum extent necessary to provide structural support for the building.

(b)

The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, fish and wildlife habitat improvement projects, fish hatcheries, and public boat launching ramps, provided that:

1.

Any private development is used exclusively for the permitted use.

2.

Filling and excavating are limited to the minimum extent necessary for the construction or maintenance of public boat launching ramps.

3.

Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, fish and wildlife habitat improvement projects, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values.

(c)

The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, and the construction or maintenance of railroad lines provided that:

1.

The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland.

2.

Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland.

3.

Filling and excavating do not exceed the minimum extent necessary to provide structural support for the building.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Statutory authorization, findings of fact and statement of purpose.

(a)

Statutory authorization. The ordinance from which this section is derived is adopted pursuant to the authorizations in Wis. Stats. §§ 62.23 and 62.233.

(b)

Finding of fact and purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the city would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

1.

Promote the public health, safety, convenience and general welfare;

2.

Limit certain land use activities detrimental to shorelands; and

3.

Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.

(2)

General provisions.

(a)

Compliance. The use of shorelands within the shoreland area of the City of Columbus shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.

(b)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies.

(c)

Abrogation and greater restrictions.

1.

The ordinance from which this section is derived supersedes all the provisions of any other applicable municipal ordinance except that where another municipal ordinance is more restrictive than the ordinance from which this section is derived, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

2.

The ordinance from which this section is derived is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(d)

Interpretation. In its interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City of Columbus and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.

(e)

Severability. Should any portion of this section be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this section shall not be affected.

(3)

Applicability of shoreland district regulations. The shoreland zoning district regulations apply only to the following shorelands:

(a)

A shoreland that was annexed by the City of Columbus after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stat. § 59.692; and

(b)

A shoreland that before incorporation by the City of Columbus was part of a city that was subject to a county shoreland zoning ordinance under Wis. Stat. § 59.692 if the date of incorporation was after April 30, 1994.

(4)

District boundaries. The shoreland district areas regulated by this section shall include all the lands (referred to herein as shorelands) in the City of Columbus that are as set forth in subsection (3) above and that are:

(a)

Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

(b)

Within 300 feet of the ordinary highwater 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 continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(c)

Determinations of navigability and ordinary highwater mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary highwater mark.

(d)

Pursuant to Wis. Stat. § 62.233, the shoreland zoning district does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.

(5)

Effect of existing land division, sanitary, zoning and other regulations. The lands within the shoreland zoning district are subject to all applicable provisions of the City of Columbus Municipal Code. Where the provisions of this section are more restrictive than other regulations in the Municipal Code, the provisions of this section shall apply.

(6)

Setbacks from the water.

(a)

Principal building setbacks.

1.

All principal buildings shall be set back at least 50 feet from the ordinary highwater mark.

2.

Adjustment of shore yards. A setback less than that required by subsection (a)1. may be allowed if all of the following apply:

a.

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and

b.

The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.

(b)

Boathouses. Boathouses accessory to permitted and conditional uses may be located within a shoreyard, but:

1.

Shall not be closer than 20 feet to the average annual highwater elevation of a stream, lake, river, pond or wetland; shall not exceed one boathouse per shoreyard lot; shall not exceed 12 feet in height above the ordinary highwater mark; shall not exceed 600 square feet in horizontal area covered; and shall not be closer than ten feet to any side lot line. In no case, however, shall boathouses be allowed to project beyond the shoreline.

2.

Shall be constructed in such a manner as to orient the main opening of the boathouse toward the body of water and shall be used strictly for the storage of boats and water-related recreational accessories. The use of a boathouse for human habitation is prohibited. No plumbing, heating or cooking facilities may be provided in or for a boathouse.

3.

Shall not be located in the vegetative buffer zone required in subsection (7).

(c)

Other accessory buildings. Accessory buildings accessory to permitted and conditional uses may be located within a shoreyard, but:

1.

Shall not be closer than 75 feet to the average annual highwater mark; shall not exceed one accessory building per shoreyard lot; shall be limited in size to 600 square feet or less in area; shall be at least ten feet from the principal structure; shall be at least ten feet from any side lot line; and shall not be greater than 12 feet in height.

2.

Shall not be used for human habitation or animal shelter.

3.

Shall not be placed in the vegetative buffer zone required in subsection (7).

(d)

Accessory structures meeting all applicable requirements of the underlying zoning district and the City of Columbus Municipal Code may be placed in side and street yards.

(7)

Vegetative buffer zone. Pursuant to Wis. Stat. § 62.233, a landowner must maintain a vegetative buffer zone, as follows:

(a)

A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary highwater mark of the navigable water, except as provided in subsection (b).

(b)

If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

(c)

A person who is required to maintain or establish a vegetative buffer zone under subsection (a) may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary highwater mark.

(8)

Definitions. In this section:

(a)

Principal building means the named building or structure on a single lot or parcel of land and includes any attached garage or attached porch.

(b)

Shorelands lands within the following distances from the ordinary highwater mark of navigable waters; 1,000 feet from a lake, pond or flowage. If the navigable water is a glacier pothole lake, this distance shall be measured from the highwater mark of the lake; and, 300 feet from a river or stream or to the landward side of the flood plain, whichever distance is greater.

(c)

Shoreland setback area means an area in a shoreland that is within a certain distance of the ordinary highwater mark in which the construction or placement of building or structures have been limited or prohibited under this chapter.

(Ord. No. 708-14, § 1, 8-4-14)