A detached accessory building in a rear yard shall be not less than 20 feet from the rear lot line and not less than the side yard required for the principal building from the nearest side lot line, except:

A detached accessory building or when attached to the principal building shall not be located in a front yard or a required side yard or side yard abutting a street.

A detached accessory building shall not be nearer than five feet to the nearest wall of the principal building or within 60 feet of the front lot line.

For the purposes of this subsection, "fugitive emissions" are defined as emissions that are not released through a vent or stack, such as dust from stockpiles (excluding odor from stockpiles from government-mandated or-encouraged recycling efforts); volatilization of vapor from vats, open vessels, or spills from material handling; emissions from ridgeline roof vents, louvers, and open doors of a building; as well as equipment leaks and leaks from valves and flanges.

For the purposes of this subsection, "odorous emissions" are defined as emissions, including a release of offensive gases, fumes, and vapors into the atmosphere, which cause unreasonable injury, detriment, nuisance, or annoyance to the public or annoyance to any considerable number of persons, or which may endanger the comfort, repose, health, or safety of any such person or the public, or which may cause, or have a natural tendency to cause, injury, or damage to business or property.

Operating all contaminant-generating processes so that odorous emission or other fugitive emission particulate matter associated with the operation or process will be adequately controlled and/or contained.

Storing collected materials from odorous emission and/or air pollution control equipment in a covered container or other method equally effective in preventing the material from becoming airborne during storage and transfer.

Afterburners or catalytic incinerators (to oxidize smoke and smell) shall be required to be used for all crematories, coffee roasting operations, or similar processes. Coffee roasting operations or similar processes shall be required to reach a minimum temperature of 1,350° F.

Each coffee roaster or similar device shall be equipped with afterburners or catalytic incinerators (to oxidize smoke and smell) which shall be capable of reducing uncontrolled emissions of volatile organic compounds (VOCs) by a minimum of 95%.

Each coffee roasting and destoning equipment and similar processes shall be equipped with a cyclone collector(s) capable of reducing uncontrolled emissions of particulate matter by at least 70% by weight.

All air-contaminant-generating processes (such as, but not limited to, crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc.) shall be maintained and operated at all times at full efficiency and effectiveness such that odorous emission, or other fugitive emission particulate matter, or other air contaminants are removed at the maximum design capacity of the air-contaminant generating processes.

All crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc. shall be operated and maintained according to the manufacturer's recommendations.

A written operation and maintenance plan that includes a protocol to assure that all air-contaminant-generating processes (such as, but not limited to, crematories, coffee roasters, afterburners, catalytic incinerators, etc.) are maintained, cleaned, and operated at all times at full efficiency and effectiveness such that odorous emission, or other fugitive emission particulate matter, or other air contaminants are removed at the maximum design capacity of the air-contaminant-generating processes shall be required by the Village Director of Inspection Services. Said written operation and maintenance plan shall be submitted to the Village Director of Inspection Services within forty-five (45) days of such request being made by the Village Director of Inspection Services.

The testing of all or any crematories, coffee roasters, coffee destoners, afterburners, catalytic incinerators, cyclone collectors, etc. to assure compliance with Village regulations. Said testing shall be conducted under full capacity and full operating conditions and as deemed necessary and under the conditions directed by the Village Director of Inspection Services. Such testing shall be conducted by a tester which is either selected by the Village Director of Inspection Services or a tester selected by the property owner as may be approved by the Village Director of Inspection Services. Such testing shall be conducted within 10 days of written notification to the property owner by the Village. A written report of all such testing shall be delivered to the Village Director of Inspection Services within 10 days of the conclusion of said testing. The costs of all such Village required testing shall be borne by the property owner plus 5% for Village administration costs, payable in full to the Village within 45 days of the conclusion of any such testing.

The installation of additional odorous emission control(s) and/or odorous emission control system(s) modification on any premises deemed by the Village Director of Inspection Services to pose public nuisance conditions regarding odorous emissions so as to reduce nuisance conditions off of the premises and to promote the purpose and intent of the Village Zoning Code as set forth under § 17.02, Purpose and intent of the Village Zoning Code.

Loop streets shall have a minimum width of 40 feet.

Culs-de-sac less than 500 feet in length shall have a minimum width of 40 feet.

Accessory parking spaces may be open to the sky or enclosed in a building.

Surfacing. All open off-street parking areas containing more than four parking spaces shall be improved with a compacted base and a permanent wearing surface as approved by the Director of Public Works.[1]

Screening and landscaping. All open off-street parking areas containing more than four parking spaces located less than 40 feet from the nearest property line of a lot in a residence district shall be effectively screened on each side adjoining or fronting on such property line by a wall or fence not less than five feet nor more than six feet in height or densely planted compact hedge not less than five feet in height.

Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties to not create a nuisance, and in a parking area containing four or more parking spaces such lighting shall be extinguished 1/2 hour after the close of business, except as may otherwise be permitted or required by the Zoning Board of Appeals for maintaining illumination after the time specified above.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities.

Dwelling and lodging uses.

School, institution, auditorium or other places of assembly uses.

Recreational uses.

Business, commercial and manufacturing uses.

Miscellaneous uses.

Other uses. Parking spaces for other permitted or special uses not listed above shall be provided in accordance with requirements designated by the Plan Commission.

Off-street loading. Off street loading berths accessory to designated uses shall be provided as follows:

Protect life, health and property;

Minimize expenditures of public funds for flood control projects;

Minimize rescue and relief efforts undertaken at the expense of the taxpayers;

Minimize business interruptions and other economic disruptions;

Minimize damage to public facilities in the floodplain;

Minimize the occurrence of future flood blight areas in the floodplain;

Discourage the victimization of unwary land and homebuyers;

Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and

Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.

Areas to be regulated. This section regulates all areas of special flood hazard identified as Zones A, AO, AH, A1-30, AE, on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and the Village of Greendale may also be regulated under the provisions of this section, where applicable. If more than one map or revision is referenced, the most restrictive information shall apply.

Official maps and revisions. Special flood hazard areas (SFHA) are designated as Zones A, A1-30, AE, AH, AO, on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in Subsection (1)(e)2a below. Additional flood hazard areas subject to regulation under this section are identified on maps based on studies approved by the WI DNR and listed in Subsection (2)(e)2b below. These maps and revisions are on file in the office of the Director of Inspection Services, Village of Greendale. If more than one map or revision is referenced, the most restrictive information shall apply.

Establishment of floodplain zoning districts. The flood hazard areas regulated by this section are divided into districts as follows:

Locating floodplain boundaries. Discrepancies between the exterior boundaries of Zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in Subsection (1)(e)4a or b below. If a significant difference exists, the map shall be amended according to Subsection (8), Amendments. The Zoning Administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The Zoning Administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the Zoning Administrator and an applicant over the district boundary line shall be settled according to Subsection (7)(c)1b and the criteria in Subsection (1)(e)4a and b below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to Subsection (8), Amendments.

Removal of lands from floodplains.

Compliance.

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 § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when § 30.2022, Wis. Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with federal, state, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under § 30.2022, Wis. Stats., then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20 feet span at the same location, the project is exempt from a DNR permit under § 30.123(6)(d), Wis. Stats., the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source, that existing data must be utilized by the applicant in the analysis of the project site.

Abrogation and greater restrictions.

Interpretation. In their interpretation and application, the provisions of this section are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this section, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.

Warning and disclaimer of liability. The flood protection standards in this section are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This section does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This section does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this section.

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

Annexed areas for cities and villages. The Milwaukee County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of Ch. NR 116, Wis. Adm. Code, and 44 CFR 59-72, National Flood Insurance Program (NFIP). These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal Zoning Administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location.

No floodplain development shall:

The Zoning Administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of Subsection (8), Amendments, are met.

The campground is approved by the Department of Agriculture, Trade and Consumer Protection;

A land use permit for the campground is issued by the Zoning Administrator;

The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;

There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or Zoning Administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;

This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection (4), to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;

All mobile recreational vehicles placed on site must meet one of the following:

All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with Subsection (2)(d)6 and shall ensure compliance with all the provisions of this section;

The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;

The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued;

All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells, shall be properly anchored and placed at or floodproofed to the flood protection elevation; and

Standards for structures in a campground:

A land use permit shall be obtained as provided under Subsection (7)(a)2 before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated.

Agricultural uses, such as farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting.

Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips.

Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of Subsection (3)(c)4.

Uses or structures accessory to open space uses or classified as historic structures that comply with Subsection (3)(c) and (d).

Extraction of sand, gravel or other materials that comply with Subsection (3)(c)4.

Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with Chs. 30 and 31, Wis. Stats.

Public utilities, streets and bridges that comply with Subsection (3)(c)3.

Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code.

Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code.

Wastewater treatment ponds or facilities permitted under § NR 110.15(3)(b), Wis. Adm. Code.

Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied.

General.

Structures. Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria:

Public utilities, streets, and bridges. Public utilities, streets and bridges may be allowed by permit, if:

Fills or deposition of materials. Fills or deposition of materials may be allowed by permit, if:

Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses;

Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life;

Uses not in harmony with or detrimental to uses permitted in the adjoining districts;

Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code;

Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and Chs. NR 811 and NR 812, Wis. Adm. Code;

Any solid or hazardous waste disposal sites;

Any wastewater treatment ponds or facilities, except those permitted under § NR 110.15(3)(b), Wis. Adm. Code; and any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied.

Residential uses. Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards:

Accessory structures or uses. In addition to Subsection (3)(c)2, new construction and substantial improvements of accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation.

Commercial uses. In addition to Subsection (3)(c)2, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of Subsection (4)(c)1. Subject to the requirements of Subsection (4)(c)5, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

Manufacturing and industrial uses. In addition to Subsection (3)(c)2, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in Subsection (7)(e). Subject to the requirements of Subsection (4)(c)5, storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property.

Storage of materials. Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with Subsection (7)(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.

Public utilities, streets and bridges. All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans, and:

Sewage systems. All sewage disposal systems shall be designed to minimize or eliminate infiltration of floodwater into the system, pursuant to Subsection (7)(e)3 to the flood protection elevation and meet the provisions of all local ordinances and Ch. SPS 383, Wis. Adm. Code.

Wells. All wells shall be designed to minimize or eliminate infiltration of floodwaters into the system, pursuant to Subsection (7)(e)3, to the flood protection elevation and shall meet the provisions of Chs. NR 811 and NR 812, Wis. Adm. Code.

Solid waste disposal sites. Disposal of solid or hazardous waste is prohibited in floodfringe areas.

Deposition of materials. Any deposited material must meet all the provisions of this section.

Manufactured homes.

Mobile recreational vehicles. All mobile recreational vehicles must be on site for less than 180 consecutive days and be either:

New construction and substantial improvement of structures in Zone AO shall have the lowest floor, including basement, elevated:

New construction and substantial improvement of structures in Zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

In AO/AH Zones, provide adequate drainage paths to guide floodwaters around structures.

All development in Zones AO and Zone AH shall meet the requirements of Subsection (4) applicable to floodfringe areas.

Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and floodproofing measures and the flood zone as shown on the FIRM.

Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.

Applicability. The standards in this subsection shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with § 87.30, Wis. Stats., and §§ NR 116.12-14, Wis. Adm. Code, and 44 CFR 59-72; these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this section or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings.

The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this section may continue subject to the following conditions:

A nonconforming historic structure may be altered if the alteration will not preclude the structure's continued designation as an historic structure, the alteration will comply with Subsection (3)(c)1, flood-resistant materials are used, and construction practices and floodproofing methods that comply with Subsection (7)(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of Subsection (6)(a)2h1) if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and is the minimum necessary to preserve the historic character and design of the structure.

Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building's nonconforming use shall be permitted to continue if:

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition:

No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, Subsection (7)(e)3, and Ch. SPS 383, Wis. Adm. Code.

No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, Subsection (7)(e)3, and Chs. NR 811 and NR 812, Wis. Adm. Code.

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality and meets the requirements of Subsection (4)(c) except where Subsection (6)(c)2 is applicable.

Where compliance with the provisions of Subsection (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in Subsection (7)(c), may grant a variance from those provisions of Subsection (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if:

All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system, shall meet all the applicable provisions of all local ordinances, Subsection (7)(e)3 and Ch. SPS 383, Wis. Adm. Code.

All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this section, Subsection (7)(e)3 and Ch. NR 811 and NR 812, Wis. Adm. Code.

Duties and powers. The Zoning Administrator is authorized to administer this section and shall have the following duties and powers:

Land use permit. A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the Zoning Administrator shall include:

Certificate of compliance. No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator, except where no permit is required, subject to the following provisions:

Other permits. Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

The Village Manager shall:

The Village Manager shall not:

Powers and duties. The Board of Appeals shall:

Appeals to the Board.

Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:

Variance.

The Zoning Agency [Subsection (7)(b)] or Board shall review all data related to the appeal. This may include:

For appeals of all denied permits the Board shall:

For appeals concerning increases in regional flood elevation the Board shall:

No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in Subsections (2), (3), (4), and (5).

For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:

Floodproofing measures shall be designed, as appropriate, to:

Place marks on structures to show the depth of inundation during the regional flood.

All maps, engineering data and regulations shall be available and widely distributed.

Real estate transfers should show what floodplain district any real property is in.

Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;

Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;

Any changes to any other officially adopted floodplain maps listed in Subsection (1)(e)2b;

Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;

Correction of discrepancies between the water surface profiles and floodplain maps;

Any upgrade to a floodplain zoning ordinance text required by § NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and

All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.

The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of § 62.23, Wis. Stats., for villages.

No amendments shall become effective until reviewed and approved by the Department.

All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body.

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

Maintain the storm and floodwater storage capacity of wetlands;

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;

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

Prohibit certain uses detrimental to the shoreland-wetland area; and

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

This section supersedes all the provisions of any municipal zoning ordinance enacted under §§ 61.35, 62.23 or 87.30, Wis. Stats., which relate to floodplains, shorelands and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

This section 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.

The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer is made part of this section. The maps can be viewed at https://dnrmaps.wi.gov/H5/?viewer=SWDV.

Flood Insurance Rate Map (FIRM) Panel Nos. 55079C0134E, 55079C0142E, 55079C0153E, 55079C0154E, 55079C0161E, and 55079C0162E, dated September 26, 2008; with corresponding profiles that are based on the Milwaukee County Flood Insurance Study (FIS) dated September 26, 2008.

Letter of Map Revision - Case No. 17-05-5076P, effective date January 19, 2018 (revision to Panel No. 55079C0161E).

United States Geological Survey Quadrangle Maps.

The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are five acres or more and are shown on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer and made a part of this section and which are:

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 office of the Department for a final determination of navigability or ordinary high-water mark.

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 to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur with the zoning administrator that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to 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 or acknowledge exempted wetlands designated in Subsection (3)(b)4 and (3)(b)5, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.

Filled wetlands. Wetlands which are filled prior to the effective date of the municipality's original implementation of shoreland-wetland zoning, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this section.

Wetlands landward of a bulkhead line. Wetlands located between the original ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under § 30.11, Wis. Stats., are not subject to this section.

Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

Uses which are allowed upon the issuance of a permit and which may include wetland alterations only to the extent specifically provided below:

Any use not listed in Subsection (3)(c) of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this section in accordance with Subsection (6) of this section.

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.

Advise applicants as to the provisions of this section and assist them in preparing permit applications and appeal forms.

Issue permits and certificates of compliance and inspect properties for compliance with this section.

Keep records of all permits issued, inspections made, work approved and other official actions.

Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.

Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within 10 days after they are granted or denied, to the appropriate office of the Department.

Investigate and report violations of this section to the appropriate municipal planning agency and the district attorney, corporation counsel or municipal attorney.

When required. Unless another subsection of this section specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the zoning administrator before any new development, as defined in Subsection (8)(b)6 of this section, or any change in the use of an existing building or structure is initiated.

Application. An application for a zoning permit shall be made to the zoning administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:

Expiration. All permits issued under the authority of this section shall expire 12 months from the date of issuance.

Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator subject to the following provisions:

The zoning administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.

Upon written request from the owner, the zoning administrator shall issue a certificate of compliance for any building or premises existing at the time of section adoption, certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this section.

Application. Any use listed as a conditional use in this section shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the Board of Appeals following the procedures in Subsection (5)(h)2, (5)(h)3 and (5)(h)4 of this section.

Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in Subsection (3)(c)3 of this section, the Board of Appeals shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this section as are necessary to further the purposes of this section as listed in Subsection (1)(b). Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Board of Appeals may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this section.

Zoning permits.

Certificates of compliance.

Public hearings.

Legal notice publications.

Conditional use permits.

Rezoning petitions.

Powers and duties. The Board of Appeals:

Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the zoning administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The zoning administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.

Public hearings.

Decisions.

A copy of each proposed text or map amendment shall be submitted to the appropriate office of the Department within five days of the submission of the proposed amendment to the municipal planning agency.

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after Class II notice as required by § 62.23(7)(d)2, Wis. Stats. The appropriate office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.

In order to insure that this section will remain consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the municipal governing body may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

Where the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection (6)(a)3 of this section, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.

The appropriate office of the Department shall be provided with:

If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection (6)(a)3 of this section, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection (6)(a)5b of this section. If within the thirty-day period the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by §§ 62.231(6) and 61.351(6), Wis. Stats., the proposed amendment shall not become effective until the section adoption procedure under § 62.231(6) or 61.351(6), Wis. Stats., is completed or otherwise terminated.