(a)

Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. This shoreland-wetland zoning chapter has been established to:

(1)

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

(2)

Maintain the stormwater 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; and

(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.

(b)

This chapter is adopted pursuant to authorization in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.

(Code 1976, § 18.70.010)

(a)

Exemption for Department of Transportation projects. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from all provisions of this article when Wis. Stats. § 30.12, applies.

(b)

Abrogation and greater restrictions. This article supersedes all the provisions of the zoning ordinance enacted under Wis. Stats. § 62.23 or 87.30, which relate to floodplains and shoreland-wetlands, except that where another section of the zoning ordinance is more restrictive than this article, that section shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. This article is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

(c)

Interpretation. Where a provision of this article is required by a standard in NR 117, Wis. Admin. Code, and where the article provision is unclear, the provision shall be interpreted in light of NR 117 standards in effect on the date of adoption of the ordinance from which this article is derived or in effect on the date of the most recent text amendment to this article or administrative code.

(d)

Annexed areas. The Rock County shoreland zoning provisions in effect on the date of annexation shall remain in effect and shall be administered by the City for all areas annexed by the City after May 7, 1982, unless any of the changes under Wis. Stats. § 59.692. These annexed lands are described on maps available from the City Planning Division. The Rock County Shoreland Zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the City Planning Division.

(Code 1976, § 18.70.020)

The following maps are hereby adopted and made part of this chapter, and are on file in the City Planning Division:

(1)

Wisconsin Wetland Inventory maps stamped "FINAL" on May 23, 1994, and from time to time amended;

(2)

Federal Emergency Management Agency flood insurance study maps dated January 17, 1985, and from time to time amended;

(3)

Floodplain zoning maps titled "Official Floodplain Zoning Map" and dated October 29, 1984, and from time to time amended;

(4)

United States Geological Survey (USGS) quadrangle maps dated 1961, photo revised 1971 and 1976 and from time to time amended; and

(5)

Zoning maps adopted August 24, 1981, and from time to time amended.

(Code 1976, § 18.70.030)

(a)

Extent of district. The Shoreland-Wetland Zoning District includes all wetlands in the City which are shown on the final Wetland Inventory Map adopted and made a part of this chapter and which are:

(1)

Five acres or more in area. Wetlands which are less than five acres are not subject to the regulations set forth in this article;

(2)

Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are shown on the USGS maps or zoning maps which have been incorporated by reference and made a part of this article; or

(3)

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 USGS maps or zoning maps which have been incorporated by reference and made a part of this article. Floodplain zoning maps shall be used to determine the extent of floodplain areas.

(b)

Determinations. Determinations of navigability and ordinary high water mark location shall initially be made by the Building Division Director, with assistance from the City Planner and City Engineer. When questions arise, the Building Division Director shall contact the appropriate district office of the Department of Natural Resources for a final determination of navigability or ordinary high water mark.

(c)

Map discrepancies. When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on final Wisconsin Wetlands Inventory maps and actual field conditions at the time the maps were adopted, the Building Division Director 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 department staff concur with the Building Division Director that a particular area was incorrectly mapped as a wetland, the Building Division Director shall have the authority to immediately grant or deny a building 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 Subsections (d) and (e) of this section, the Building Division Director shall be responsible for initiating a map amendment within a reasonable period.

(d)

Filled wetlands. Wetlands filled prior to May 23, 1994, 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 article.

(e)

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 Wis. Stats. § 30.11, are not subject to this chapter.

(Code 1976, § 18.70.040)

(a)

Permitted uses. Permitted uses are uses of land or buildings in conformance with all provisions of this chapter and specifically allowed in the Shoreland-Wetland Overlay District subject to the provisions of Wis. Stats. chs. 30 and 31, and other applicable local, state and federal laws, as from time to time amended. The following are permitted uses:

(1)

Hiking, fishing, trapping, swimming, snowmobiling and boating, provided that no wetland alteration occurs;

(2)

Harvesting 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, provided that no wetland alteration occurs;

(3)

The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no wetland alteration occurs. Limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected shall be allowed;

(4)

The cultivation of agricultural crops, provided that no wetland alteration occurs;

(5)

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;

(6)

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

(7)

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

(8)

The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in Section 42-525(c);

(9)

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

(b)

Conditional uses. The term "conditional uses" means uses of land or buildings which may be allowed in the Shoreland-Wetland Overlay District subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272. The uses listed below may be allowed as conditional uses subject to the provisions of Wis. Stats. chs. 30 and 31 and all other applicable state, local, and federal laws, as from time to time amended. In its review of conditional use permits for any of the listed uses, the Plan Commission shall consider specifications for type of shore cover; erosion controls; setbacks; landscaping and planting screens; period of operation; operational control; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.

(1)

The construction and maintenance of roads necessary for the continuity of the municipal street system, the provision of essential utility and emergency services, or for access to uses allowed under Section 42-521, provided the following conditions are met:

a.

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

b.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Section 42-525(c);

c.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

d.

Road construction activities are carried out in the immediate area of the roadbed only; and

e.

Any wetland alteration is necessary for the construction or maintenance of the road.

(2)

The construction and maintenance of nonresidential buildings, provided the following conditions are met:

a.

The building is used solely in conjunction with a use allowed in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;

b.

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

c.

The building does not exceed 500 square feet in floor area; and

d.

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

(3)

The establishment and development of public and private parks and recreation areas; outdoor education areas; historic, natural and scientific areas; game refuges and closed areas; fish and wildlife habitat improvement projects; and wildlife preserves and public boat launching ramps, provided the following conditions are met:

a.

Any private development shall be used exclusively for the permitted use;

b.

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

c.

The construction and maintenance of roads necessary to serve the use are allowed only where such construction and maintenance meets the criteria in Section 42-521(b)(1); and

d.

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

(4)

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that the following conditions are met:

a.

The lines/facility cannot, as a practical matter, be located outside the wetland;

b.

Only limited filling or excavating necessary for such construction or maintenance is allowed; and

c.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Section 42-525(c).

(c)

Prohibited uses. Any use not listed in Section 42-521 as a permitted or conditional use is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with Section 42-525.

(d)

Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time of adoption of the ordinance from which Article XV of this chapter was derived, or an applicable amendment to this chapter, which is not in conformance with the provisions of the chapter may be continued subject to the provisions of Section 42-359.

(Code 1976, § 18.70.050)

(a)

BuildingDivision Director. The Building Division Director, with assistance from the City Planner, shall have the following duties and powers:

(1)

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

(2)

Issue permits and inspect properties for compliance with this article;

(3)

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

(4)

Have access to any structure or premises between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, for the purpose of performing these duties;

(5)

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

(6)

Investigate and report violations of this article to the City Attorney.

(b)

Required permits. Building Permits, as provided in Chapter 10 (Building Code), shall be obtained for the construction, reconstruction, structural alteration, or moving of all conditional uses listed in Section 42-521(b).

(c)

Compliance with permits. The Building Division Director shall conduct regular inspections of projects for which a building permit is required as prescribed by state law. In addition, the Building Division Director shall require a certified report of all inspections from the registered architect or registered engineer supervising the construction of any structure requiring their supervision, as provided in Section 10-15(c).

(d)

Revocation. When the conditions of a building permit are violated, the Building Division Director may revoke the permit as provided in Section 10-9.

(Code 1976, § 18.70.060)

(a)

Procedure. An appeal to the Zoning Board of Appeals may be taken by any person aggrieved or affected by any decision of the Building Division Director or other administrative official as provided in Section 42-270(b).

(b)

Department notice. A copy of all notices of Zoning Board of Appeals public hearings on appeals involving shoreland-wetland zoning shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten days prior to all public hearings. A copy of all relevant decisions of the Zoning Board of Appeals shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.

(c)

Records. Appropriate records shall be made by the Building Division Director on all appeals to the Zoning Board of Appeals.

(Code 1976, § 18.70.070)

(a)

Procedure. A request for approval of a conditional use listed in Section 42-521(b) shall be filed with the City Planner and reviewed by the Plan Commission as provided in Section 42-272.

(b)

Department notice. A copy of all notices of Plan Commission public hearings on conditional use permits involving shoreland-wetland zoning shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources at least ten days prior to all public hearings. A copy of all relevant decisions shall be mailed to the parties in interest and the appropriate district office of the Department within ten days after the decision is issued.

(c)

Records. Appropriate records shall be made by the City Planner on all conditional use permit requests to the Plan Commission, including the land use and structures permitted.

(d)

Revocation. When the conditions of a conditional use permit are violated, the Plan Commission may revoke the permit.

(Code 1976, § 18.70.080)

(a)

Procedure. The City Council may alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2, Wis. Admin. Code ch. NR 117 and the provisions of Section 42-525. All proposed text and map amendments to the Shoreland-Wetland Zoning regulations shall be referred to the Plan Commission, and a public hearing shall be held after Class 2 notice as required by Wis. Stats. § 62.23(7)(d)2.

(b)

Department notice. The appropriate district office of the Department of Natural Resources shall be provided with:

(1)

A copy of each proposed text or map amendment within five days of the referral of the proposed amendment to the Plan Commission for its recommendation;

(2)

Written notice of any public hearing at least ten days prior to such hearing;

(3)

A copy of the recommendation and report of the Plan Commission on a proposed text or map amendment within five days after the submission of that recommendation to the City Council; and

(4)

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

(c)

Standards for map amendments. To ensure that this chapter will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, 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:

(1)

Stormwater and floodwater storage capacity;

(2)

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;

(3)

Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

(4)

Shoreline protection against erosion;

(5)

Fish spawning, breeding, nursery or feeding grounds;

(6)

Wildlife habitat; or

(7)

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

(d)

Determination of adverse impact. Where the district office of the Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Section 42-525(c) the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment. If the Department notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Section 42-525(c), that proposed amendment, if approved by the City Council, 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 Section 42-525(b)(4). If within the 30-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 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 1976, § 18.70.090)

(a)

Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of the ordinance from which this chapter is derived in violation of the provisions of this article, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The Building Division Director may refer violations to the City Attorney who may prosecute such violations according to the penalties provided in Section 42-332.

(b)

Any person, firm, corporation, cooperative or other entity of whatsoever kind or nature who violates any provision of this chapter shall pay a forfeiture and shall be otherwise penalized as set forth in Section 42-332.

(c)

Each day's continuance of any violation constitutes a separate violation.

(d)

In addition to and not in lieu of any forfeiture imposed herein, the City may apply for and the court may grant, from time to time, injunctive relief, including, but not limited to, abatement and mandatory performance.

(Code 1976, § 18.70.100)