The ordinance from which this article is derived, adopted pursuant to the authorization in Wis. Stats. §§ 62.23, 62.231, 87.30, and 281.31, and Wis. Admin. Code § NR 117.06(3), requires all cities to enact shoreland-wetland ordinances subject to DNR approval and in strict conformity with Wis. Admin. Code Ch. NR 117.

(Code 1984, § 13.1201)

Uncontrolled use of the shoreland-wetlands 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 Shoreland-Wetland Overlay Zone is, therefore, intended to:

(1)

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

(2)

Maintain the storm and floodwater storage capacity of wetlands.

(3)

Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters.

(4)

Protect fish, their spawning grounds, other aquatic life, and wildlife by preserving wetlands and other aquatic habitat.

(5)

Prohibit certain uses detrimental to the shoreland-wetland area.

(6)

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling, and other earth-moving activities.

(Code 1984, § 13.1202)

In the interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the City. If an ordinance provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code Ch. NR 117 standards in effect on the date of the adoption of the ordinance from which this article is derived or the most recent text amendment to this article.

(Code 1984, § 13.1203)

The Brown County Shoreland Zoning provisions in effect on the date of annexation or attachment remain in effect administered by the City for all areas annexed or attached by the City after May 7, 1982. These annexed or attached lands are described on the City's Official Map. The Brown County Shoreland Zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the Zoning Administrator.

(Code 1984, § 13.1204)

(a)

In general. The shoreland-wetland zoning district shall be an overlay district and shall include all wetlands in the City which are two acres or more and which are specifically shown on the City of Green Bay Wetland Map and the final Wisconsin Wetland Inventory Map 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 City shall be presumed to be navigable if they are shown on the United States Geological Survey Quadrangle Maps or other zoning base maps listed under Section 44-974.

(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 listed under Section 44-974. Adopted floodplain zoning maps shall be used to determine the extent of floodplain areas.

(b)

Determination of navigability. 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 Department of Natural Resources (DNR) for a final determination of navigability or ordinary high water mark.

(c)

Discrepancies. When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department of Natural Resources to determine if the shoreland-wetland district boundary, as mapped, is in error. If DNR staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator may 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 shown on the official shoreland-wetland zoning maps, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.

(d)

Exemptions. The following types of wetlands are not subject to this article:

(1)

Wetlands which were filled prior to October 21, 1987, the date on which the City received final wetland inventory maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetlands.

(2)

Wetlands located between the original ordinary high water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stats. § 30.11.

(Code 1984, § 13.1206)

Only the following uses are permitted, subject to the provisions of Wis. Stats. Chs. 30 and 31 and the provisions of other local, state, and federal laws, if applicable:

(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, and limited temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on the conduct of silvicultural activities if not corrected.

(4)

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

(5)

The cultivation of agricultural crops if cultivation can be accomplished without wetland alterations, except for the maintenance and repair of existing farm drainage ditches or of other existing agricultural drainage systems (such as tiling) to restore the functional drainage of existing agricultural lands. The minimum amount of filling necessary to dispose of dredged spoil is allowed, provided that filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible.

(6)

The construction and maintenance of a nonresidential building provided that:

a.

The building is used solely in conjunction with the raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation.

b.

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

c.

The building does not exceed 500 square feet in floor area.

d.

Only limited filling and excavating necessary to provide structural support for the building shall be allowed.

(7)

The construction and maintenance of piers, docks, walkways, observation decks, and trail bridges, including limited filling and excavating necessary for the installation of pilings.

(8)

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 habitat improvement projects, game farms and wildlife preserves, and public boat launching ramps, provided that:

a.

Only limited filling and excavating necessary for the development of boat launching ramps, swimming beaches, or the construction of park shelters or similar structures shall be allowed.

b.

Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

(9)

Construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, sewage collection lines, and construction and maintenance of railroad lines, provided that:

a.

These facilities cannot, as a practical matter, be located outside of the wetland.

b.

Only limited filling or excavating necessary for construction or maintenance shall be allowed.

c.

Construction or maintenance shall be performed so as to minimize adverse impacts upon the natural functions of the shoreland-wetland.

(10)

Construction and maintenance of roads as necessary for the continuity of the City street system, essential utility and emergency services, or access to uses permitted under this subsection, provided that:

a.

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

b.

The road is designed and constructed to minimize the adverse impact upon the natural functions of the shoreland-wetland, as listed in Section 44-1021(3).

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 only in the immediate area of the roadbed.

e.

Any wetland alteration shall only be the minimum necessary to accommodate construction or maintenance of the road.

(11)

Installation and maintenance of sealed tiles for the purpose of draining lands outside of 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.

(12)

Maintenance, repair, replacement, and reconstruction of existing highways and bridges, including limited excavating and filling necessary for these functions.

(13)

The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible.

(Code 1984, § 13.1207)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high water mark of any navigable waters are prohibited.

(Code 1984, § 13.1208)

This article shall not limit the repair, reconstruction, renovation, remodeling, or expansion of a nonconforming structure in existence on the effective date of the ordinance from which this article is derived or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stats. § 62.23(7)(h), which limits total lifetime structural repairs and alterations to 50 percent of current equalized assessed value. All other standards of Article IV of this chapter, Nonconformities, shall apply.

(Code 1984, § 13.1209)

The City may alter, supplement, or change the district boundaries and the regulations contained in this article in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2, Wis. Admin. Code Ch. NR 117, and the following:

(1)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the DNR within five days of the submission of the proposed amendment to the Plan Commission.

(2)

The appropriate district office of the DNR shall be provided with written notice of any public hearing at least ten days prior to such hearing.

(3)

In order to ensure that this article will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, the Common Council may not rezone a wetland in a shoreland-wetland zoning district where the proposed rezoning may result in a significant adverse impact upon any of the following shoreland-wetland functions:

a.

Stormwater and floodwater storage capacity.

b.

Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland.

c.

Filtering or storage sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable water.

d.

Shoreline protection against erosion.

e.

Fish spawning, breeding, nursery, or feeding grounds.

f.

Wildlife habitat.

g.

Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

(4)

Where the district office of the DNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in the preceding subsection (3) of this section, the DNR shall notify the City of its determination either prior to or during the public hearing held on the proposed amendment.

(5)

The appropriate district office of the DNR shall be provided with:

a.

A copy of the recommendation and report, if any, of the Plan Commission on a proposed text or map amendment within ten days after the submission of those recommendations to the Common Council.

b.

Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

(6)

If the DNR notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (3) of this section, that proposed amendment, if approved by the City, shall not become effective until more than 30 days have elapsed since written notice of City approval was mailed to the DNR. If within the 30-day period the DNR notifies the City that it intends to adopt a superseding shoreland-wetland zoning ordinance for the City, as provided by Wis. Stats. § 62.231(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stats. § 62.231(6) is completed or otherwise terminated.

(Code 1984, § 13.1210)