This Article is adopted pursuant to the authorization in Wis. Stats. §§ 61.35, 61.351, 87.30 and 281.33.

(Code 1998, § 13-3-1; Ord. No. 2003-03, § 1(13-3-1), 3-24-2003)

Uncontrolled use of the shoreland-wetlands and the pollution of the navigable waters of the Village would adversely affect the public health, safety, convenience and general welfare and impair the tax base. The legislature of Wisconsin has delegated responsibility of all municipalities 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 filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters and to maintain stormwater and floodwater capacity;
4. Protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and 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.

(Code 1998, § 13-3-2; Ord. No. 2003-03, § 1(13-3-2), 3-24-2003)

This Article shall be known as the Shoreland-Wetland Zoning Ordinance/Article for the Village of McFarland, Wisconsin.

(Code 1998, § 13-3-3; Ord. No. 2003-03, § 1(13-3-3), 3-24-2003)

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

1. Accessory structure or use. A detached subordinate structure or a use that is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.
2. Boathouse. As defined in Wis. Stats. § 30.121(1), a permanent structure used for the storage of watercraft and associated materials and includes all structures that are totally enclosed, have roofs or walls or any combination of structural parts.
3. Class 2 public notice. Publication of a public hearing notice under Wis. Stats. Ch. 985, in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
4. Conditional use. A use that is permitted by some ordinances, provided that certain conditions specified in the ordinance are met and that a permit is granted by the Board of Zoning Appeals or, where appropriate, the Village Plan Commission, if designated by the Village Board.
5. Development. Any manmade change to improved or unimproved real estate, including, but not limited to:
   1. The construction of buildings, structures or accessory structures;
   2. The construction of additions or substantial alterations to buildings, structures or accessory structures;
   3. The placement of buildings or structures;
   4. Ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and
   5. The deposition or extraction of earthen materials.
6. Drainage system. One or more artificial ditches, tile drains or similar devices, which collect surface runoff or groundwater and convey it to a point of discharge.
7. Environmental control facility. Any facility, temporary or permanent that is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
8. Fixed houseboat. As defined in Wis. Stats. § 30.121(1), a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
9. Navigable waters. Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231, and Wis. Admin. Code Ch. NR 117, do not apply to lands adjacent to farm drainage ditches if:
   1. Such lands are not adjacent to a natural navigable stream or river;
   2. Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
   3. Such lands are maintained in nonstructural agricultural use.
10. Ordinary high-water mark. The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic.
11. Planning agency. The Village Plan Commission created under Wis. Stats. § 62.23(1).
12. Regional flood. A flood determined to be representative or large floods known to have generally occurred in Wisconsin and which may be expected to occur or be exceeded on a particular stream because of like physical characteristics, once in every 100 years.
13. Shorelands. Lands within the following distances from the ordinary high-water mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
14. Shoreland-Wetland District. The zoning district, created in this shoreland-wetland zoning ordinance, comprised of shorelands that are designated as wetlands on the wetlands inventory maps, which have been adopted and made a part of this Article as described in Section 62-705.
15. Unnecessary hardship. That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purpose of this Article.
16. Variance. An authorization granted by the Board of Zoning Appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this Article.
17. Wetlands. 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.
18. Wetland alteration. Any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

(Code 1998, § 13-3-41; Ord. No. 2003-03, § 1(13-3-41), 3-24-2003)

The use of wetlands and the alteration of wetlands within the shoreland area of the Village shall be in full compliance with the terms of this Article and other applicable local, state, or federal regulations. (However, see Section 62-709 for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this Article.

(Code 1998, § 13-3-10; Ord. No. 2003-03, § 1(13-3-10), 3-24-2003)

Unless specifically exempted by law, all cities, villages, town and counties are required to comply with this Article and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13), applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stats. § 30.12(4)(a), applies.

(Code 1998, § 13-3-11; Ord. No. 2003-03, § 1(13-3-11), 3-24-2003)

1. This Article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 62.23 or 87.30, which relate to shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in this Article, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
2. 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.

(Code 1998, § 13-3-12; Ord. No. 2003-03, § 1(13-3-12), 3-24-2003)

In their interpretation and application, the provisions of this Article shall be held to be minimum requirements and shall be liberally constructed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this Article is required by a standard in Wis. Admin. Code Ch. NR 117, and where the Article provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code Ch. NR 117 standard in effect on the date of the 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.

(Code 1998, § 13-3-13; Ord. No. 2003-03, § 1(13-3-13), 3-24-2003)

All activities or proposed activities involving wetlands or suspected wetlands adjacent to navigable waterways irrespective of distance from said waterway shall be referred to the Corps of Engineers to determine the scope of compliance with applicable federal regulations prior to any wetland alteration occurring.

(Code 1998, § 13-3-14; Ord. No. 2003-03, § 1(13-3-14), 3-24-2003)

All distances unless otherwise specified shall be measured horizontally.

(Code 1998, § 13-3-41)

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 ordinance from which this Article 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 Zoning Administrator shall refer violations to the Village Board and the Village Attorney who shall prosecute such violations. Any person, firm, association or corporation who violates or refuses to comply with any of the provisions of this Article shall be subject to a forfeiture as specified in Section 1-16, together with the taxable costs of such action. Each day of continued violation shall constitute a separate offense. Every violation of this Article is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the Village, the state or any citizen thereof pursuant to Wis. Stats. § 87.30(2).

(Code 1998, § 13-3-40; Ord. No. 2003-03, § 1(13-3-40), 3-24-2003)

The Zoning Administrator shall have the following duties and powers:

1. Advise applications as to the provisions of this Chapter and assist them in preparing permit applications and appeal forms.
2. Issue permits and certificates of compliance and inspect properties for compliance with this Chapter.
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 6:00 p.m. 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 Wisconsin Department of Natural Resources.
6. Investigate and report violations of this Chapter to the appropriate Village planning agency and the District Attorney, corporation counsel or Village Attorney.
7. Provide written notice to the appropriate district office of the Department at least ten days prior to any hearing on appeals, conditional use permits, or other issues involving shoreland-wetland zoning.

(Code 1998, § 13-3-30; Ord. No. 2003-03, § 1(13-3-30), 3-24-2003)

1. When required. Unless another Section of this Chapter 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 Section 62-640, or any change in the use of an existing building or structure is initiated.
2. Application. An application for a permit shall be made to the Zoning Administrator upon forms furnished by the Village and shall include, for the purpose of proper enforcement of these regulations, the following information:
   1. General information.
      1. Name, address and telephone number of applicant, property owner and contractor, where applicable.
      2. Legal description of the property and a general description of the proposed use or development.
      3. Whether or not a private water or sewage system is to be installed.
   2. Site development plan. The site development plan shall be drawn to scale and submitted as a part of the permit application form and shall contain the following information:
      1. Dimensions and area of the lot;
      2. Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;
      3. Description of any existing or proposed on-site sewage systems or private water supply systems;
      4. Location of the ordinary high-water mark of any abutting navigable waterways;
      5. Boundaries of all wetlands;
      6. Existing and proposed topographic and drainage features and vegetative cover;
      7. Location of floodplain and floodway limits on the property as determined from the floodplain Zoning Maps;
      8. Location of existing or future access roads; and
      9. Specifications and dimensions for areas of proposed wetland alteration.
3. Expiration. All permits issued under the authority of this Chapter shall expire one year from the date of issuance.
4. Certificates of compliance.
   1. 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:
      1. The certificate of compliance shall show that the building or premises or part thereof and the proposed use thereof conform to the provisions of this Chapter.
      2. Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
      3. The certificate of compliance shall be issued within ten days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this Chapter.
   2. 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 Village Board.
   3. 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 adoption of the ordinance from which this Subsection is derived, 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 Chapter.
5. Conditional use permits.
   1. Application. Any use listed as a conditional use in this Chapter shall be permitted only after an application has been submitted to the Zoning Administrator and a conditional use permit has been granted by the Plan Commission following the procedures in Section 62-679.
   2. Department review. The Zoning Administrator shall notify the appropriate district office of the Wisconsin Department of Natural Resources at least ten days prior to the public hearing on the application.
   3. Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in Section 62-707(c), the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this Chapter, as are necessary to further the purposes of this Chapter as listed in Section 62-641. 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, dockets, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information that is necessary to determine if the proposed use is consistent with the purposes of this Chapter.
   4. Revocation. Where the conditions of a building permit or conditional use permit are violated, the permit shall be revoked by the Plan Commission.

(Code 1998, § 13-3-31; Ord. No. 2003-03, § 1(13-3-31), 3-24-2003)

The fees for various services performed are as follows:

1. Issuance of building permit. As provided for the Building Code.
2. Issuance of certificate of compliance. As established by the Village Board from time to time and provided in Appendix A to this Code.
3. Public hearings. Actual cost to Village.
4. Publication of legal notice. Actual cost as billed to the Village.
5. Issuance of conditional use permits. As established by the Village Board from time to time and provided in Appendix A to this Code.

(Code 1998, § 13-3-32; Ord. No. 2003-03, § 1(13-3-32), 3-24-2003)

Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.

(Code 1998, § 13-3-33; Ord. No. 2003-03, § 1(13-3-33), 3-24-2003)

Where the conditions of a zoning permit are violated, the permit shall be revoked by the Board of Zoning Appeals.

(Code 1998, § 13-3-34; Ord. No. 2003-03, § 1(13-3-34), 3-24-2003)

1. Appointment. The Village President shall appoint a Board of Zoning Appeals under Chapter 2, Article IV, and Wis. Stats. § 62.23(7)(e), consisting of five members subject to confirmation by the Village Board. The Board of Zoning Appeals shall adopt rules for the conduct of the business of the Board of Zoning Appeals as required by Wis. Stats. § 62.23(7)(e)3.
2. Powers and duties. The Board of Zoning Appeals:
   1. Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Chapter.
   2. May authorize, upon appeal, a variance from the dimensional standards of this Chapter where an applicant convincingly demonstrates:
      1. That literal enforcement of the terms of the Chapter will result in unnecessary hardship for the applicant;
      2. That the hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss;
      3. That such variance is not contrary to the public interest as expressed by the purpose of this Chapter; and
      4. That such variance will not grant or increase any use of property that is prohibited in the zoning district.
3. Appeals to the Board of Zoning Appeals. Appeals to the Board of Zoning 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 of Zoning Appeals, by filing with the official from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal specifying the reasons therefor. The Zoning Administrator or other official from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record on which the appeal action was taken.
4. Public hearings.
   1. Before making a decision on an appeal, the Board of Zoning Appeals shall, within a reasonable period of time, hold a public hearing. The Board of Zoning Appeals shall give public notice of the hearing by publishing a class 2 notice under Wis. Stats. Ch. 985, specifying the date, time and place of the hearing and the matters to come before the Board of Zoning Appeals. At the public hearing, any party may appear in person, by agent or by attorney and present testimony.
   2. A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least ten days prior to all public hearings on issues involving shoreland-wetland zoning.
5. Decisions.
   1. The final disposition of an appeal, or application for a variance, to the Board of Zoning Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing, signed by the Board of Zoning Appeals chair. Such decision shall state the specific facts, which are the basis of the Board of Zoning Appeals' determination and shall either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a variance.
   2. A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Wisconsin Department of Natural Resources within ten days after the decision is issued.

(Code 1998, § 13-3-35; Ord. No. 2003-03, § 1(13-3-35), 3-24-2003)

State law reference(s)—Board of appeals, Wis. Stats. § 62.23(7)(e).

The Village Board may, from time to time, 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 following:

1. A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the Wisconsin Department of Natural Resources within five days of the submission of the proposed amendment to the Plan Commission.
2. 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 as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the Wisconsin Department of Natural Resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.
3. In order to insure that this Chapter will remain consistent with the shoreland-protection objectives of Wis. Stats. § 281.31, the Village Board 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 soil 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.
4. Where the district office of the Wisconsin Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection (c) of this Section, the Wisconsin Department of Natural Resources shall so notify the Village of its determination either prior to or during the public hearing held on the proposed amendment.
5. The appropriate district office of the Wisconsin Department of Natural Resources shall be provided with:
   1. A copy of the recommendations and report, if any, of the Plan Commission on the proposed text or map amendment within ten days after the submission of those recommendations to the Village Board; and
   2. Written notice of the Village Board's action on the proposed text or map amendment within ten days after the action is taken.
6. If the Wisconsin Department of Natural Resources notifies the Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection (c) of this Section, that proposed amendment, if approved by the Village Board, may not become effective until more than 30 days have elapsed since written notice of the Village Board approval was mailed to the Wisconsin Department of Natural Resources, as required by Subsection (e) of this Section. If, within the 30-day period, the Wisconsin Department of Natural Resources notifies the Village Board that the Wisconsin Department of Natural Resources intends to adopt a superseding shoreland-wetland zoning ordinance for the Village under Wis. Stats. § 62.231(6), the proposed amendment may not become effective until the ordinance adoption procedure under Wis. Stats. § 62.231(6), is completed or otherwise terminated.

(Code 1998, § 13-3-36; Ord. No. 2003-03, § 1(13-3-36), 3-24-2003)

This Division is adopted to maintain safe and healthful conditions, to prevent and control water pollution, to protect fish spawning grounds, fish and aquatic life and wildlife habitation, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner which minimizes adverse impacts upon the wetland.

(Code 1998, § 13-3-20; Ord. No. 2003-03, § 1(13-3-20), 3-24-2003)

The following maps are hereby adopted and made a part of this Chapter and are on file in the office of the Village Clerk:

1. Wisconsin Wetland Inventory maps stamped "FINAL" on October 29, 1984.
2. Capital Area Regional Planning Commission Maps depicting Village wetland boundaries.
3. United States Geological Survey Map entitled "Madison East," number 43089-A3-TF-024 (1983), DMA 3170 III SE-Series V861, Quadrangle 7.5 min. series.

(Code 1998, § 13-3-21; Ord. No. 2003-03, § 1(13-3-21), 3-24-2003)

1. The Shoreland-Wetland Zoning District includes all wetlands in the Village, which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made a part of this Chapter in Section 62-705 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 Village shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps, which have been incorporated by reference and made a part of this Chapter in Section 62-705.
   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, which have been incorporated by reference and made a part of this Chapter in Section 62-705. Flood Hazard Boundary Maps, Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, County Soil Survey Maps or other existing community floodplain Zoning Maps used to delineate floodplain area, which have been adopted by the Village shall be used to determine the extent of floodplain areas in the Village.
2. Determinations of navigability and ordinary high-water mark 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 the final determination of navigability or ordinary high-water mark.
3. When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the Official Shoreland-Wetland Zoning Maps and the actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources to determine if the shoreland-wetland district boundary as mapped is in error. If the Wisconsin Department of Natural Resources staff concurs 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 land use or building 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 shoreland-wetland map amendment within a reasonable period.

(Code 1998, § 13-3-22; Ord. No. 2003-03, § 1(13-3-22), 3-24-2003)

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. Activities and uses that do not require the issuance of a zoning permit, provided that no wetland alteration occurs, including the following, provided they are in keeping with the Village's Zoning Code:
   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;
   4. The pasturing of livestock;
   5. The cultivation of agricultural crops; and
   6. The construction and maintenance of duck blinds.
2. Uses that do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
   1. 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;
   2. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
   3. The maintenance and repair of existing drainage ditches, where permissible under Wis. Stats. § 30.20, or of other 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 permissible under Wis. Stats. Ch. 30, and that dredged spoil is placed on existing spoil banks where possible;
   4. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
   5. The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
   6. 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 the adverse impact upon the natural functions of the shoreland-wetland listed in Section 62-680(c), and that the project complies with applicable federal regulations; and
   7. The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
3. Uses that are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below:
   1. The construction and maintenance of roads that 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 in this Section, provided that:
      1. The road cannot, as a practical matter, be located outside the wetland;
      2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in Section 62-680(c);
      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. Any wetland alteration must be necessary for the construction or maintenance of the road; and
      6. Said construction complies with applicable federal regulations.
   2. 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 500 square feet in floor area;
      4. Only limited filling and excavating necessary to provide structural support for the building is allowed; and
      5. Said construction complies with applicable federal regulations.
   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, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
      1. Any private development allowed under this Subsection (c)(3) 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 Subsection (c)(3) are allowed only where such construction and maintenance meets the criteria in Subsection (c)(3);
      4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values; and
      5. The development complies with applicable federal regulations.
   4. The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, 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 the adverse impact upon the natural functions of the wetland listed in Section 62-680(c).
      4. Such construction and maintenance complies with applicable federal regulations.
   5. The construction and maintenance of railroad lines, provided that:
      1. The railroad lines cannot, as a practical matter, be located outside the wetland;
      2. Only limited wetland alteration necessary for such construction or maintenance is allowed;
      3. Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland as listed in Section 62-680(c); and
      4. Such construction or maintenance complies with applicable federal regulations.

(Code 1998, § 13-3-23; Ord. No. 2003-03, § 1(13-3-23), 3-24-2003)

1. Any use not listed in Section 62-707 is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this Chapter in accordance with Section 62-680(c).
2. 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 1998, § 13-3-24; Ord. No. 2003-03, § 1(13-3-24), 3-24-2003)

The lawful use of a building, structure, or property which existed at the time the ordinance from which this Chapter is derived, or an applicable amendment to this Chapter, took effect and which is not in conformity with the provisions of this Chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

1. The shoreland-wetland provisions of this Chapter authorized by Wis. Stats. § 62.231, shall not limit the repair, reconstruction, renovation, remodeling, or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, 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 fair market value.
2. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to the appropriate provisions of this Chapter.
3. Any legal nonconforming use of property that does not involve the use of a structure and which existed at the time of the adoption of the ordinance from which this Chapter is derived or subsequent amendment of this Chapter adopted under Wis. Stats. §§ 62.231 or 61.351, may be continued although such use does not conform with the provisions of this Chapter. However, such nonconforming use may not be extended.
4. The maintenance and repair of nonconforming boathouses that are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stats. § 30.121.
5. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(Code 1998, § 13-3-25; Ord. No. 2003-03, § 1(13-3-25), 3-24-2003)