The use and alteration of wetlands within the shoreland area of the village shall be in full compliance with the terms of this chapter and all the remaining zoning provisions of Title 20 and any other applicable state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.

(Ord. 94-1 § 1 (part), 1994)

There is created a separate district to be known as the wetland district which shall contain the areas set forth in Section 20.42.030.

(Ord. 94-1 § 1 (part), 1994)

The term "wetland(s)" as used in this chapter means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. The map attached to the ordinance codified in this section and on file in the village clerk's office is adopted and made part of this chapter and defines the wetlands subject to this chapter.

(Ord. 94-1 § 1 (part), 1994)

Reserved.

(Ord. 94-1 § 1 (part), 1994)

The following uses set forth in Sections 20.42.060 through 20.42.080 are permitted subject to the provisions of Chapters 30 and 31, Stats., and the applicable law.

(Ord. 94-1 § 1 (part), 1994)

The following activities and uses do not require the issuance of a zoning permit, provided that no wetland alteration occurs:

A.

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

B.

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;

C.

The practice of silviculture, including the planting, thinning and harvesting of timber;

D.

The pasturing of livestock;

E.

The cultivation of agricultural crops; and

F.

The construction and maintenance of duck blinds.

(Ord. 94-1 § 1 (part), 1994)

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

A.

The practice of silviculture, including 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;

B.

The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

C.

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;

D.

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

E.

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

F.

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 zoning district; and

G.

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

(Ord. 4-1 § 1 (part), 1994)

The following uses are allowed upon the issuance of a zoning permit and may include wetland alterations only to the extent specifically provided below:

A.

The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under Section 20.42.050, 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 impacts upon the natural functions of the wetland of this chapter,

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, and

5.

Any wetland alteration must be necessary for the construction or maintenance of the road;

B.

The construction and maintenance of nonresidential buildings provided that:

1.

The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows, or other wetland or aquatic animals,

2.

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

3.

The building does not exceed five hundred square feet in floor area, and

4.

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

C.

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 bird and animal farms, wildlife preserves and public boat launching ramps, provided that:

1.

Any private development allowed under this paragraph shall be used exclusively for the permitted purpose,

2.

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,

3.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in subsection A of this section, and

4.

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

D.

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:

1.

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

2.

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

3.

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

(Ord. 94-1 § 1 (part), 1994)

A zoning permit shall be obtained from the zoning administration before any new development is initiated.

(Ord. 94-1 § 1 (part), 1994)

Any amendments to the provisions of this chapter shall follow the procedure set forth in Chapter 20.32, except that the following additional provisions shall be complied with:

A.

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Wisconsin Department of Natural Resources (DNR) within five days of the submission of the proposed amendment to the village plan commission.

B.

A written notice of the plan commission public hearing on the proposed amendment shall be sent to the appropriate DNR district offices at least ten days prior to such hearing.

C.

If the DNR determines that a proposed amendment, if approved by the village board, would be inconsistent with the shoreland protection provisions of Section 144.26, Stats., it shall notify the village board, and such amendment shall not be effective until thirty days after written notice of the adoption is mailed to the DNR. During such thirty-day period, if the DNR advises the village that it intends to adopt a superseding wetland zoning ordinance for the village as provided by Section 61.351(6), Stats., then the proposed amendment shall not become effective until the ordinance adoption procedure under Section 61.351(6), Stats., is completed or otherwise terminated.

(Ord. 94-1 § 1 (part), 1994)