(a)

Areas to be regulated. Areas regulated by this division include all the lands (referred to herein as shorelands) in the unincorporated areas of the county which are:

(1)

Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages (Wis. Admin. Code § NR 115.03(8)). Lakes, ponds or flowages in the county shall be presumed to be navigable if they are listed in the state department of natural resources publication FH-800 2009 "Wisconsin Lakes" book available electronically at the following website: http://dnr.wi.gov/lakes/lakebook/wilakes2009bma.pdf or are shown on United States Geological Survey quadrangle maps (1:24,000 scale), or other zoning base maps.

(2)

Within 300 feet of the ordinary highwater mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater (Wis. Admin. Code § NR 115.03(8)). Rivers and streams in the county shall be presumed to be navigable if they are designated as perennial waterways or intermittent waterways on United States Geological Survey quadrangle maps (1:24,000). Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(3)

The provisions of this article apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when Wis. Stats. § 13.48(13) applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the state department of transportation is not subject to local shoreland zoning ordinances if Wis. Stats. § 30.2022(1) applies (Wis. Admin. Code § NR 115.02). Shoreland zoning requirements in annexed or incorporated areas are provided in Wis. Stats. §§ 61.353 and 62.233.

(4)

Determinations of navigability and ordinary highwater 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 highwater mark. The county may work with surveyors with regard to Wis. Stats. § 59.692(1h).

(5)

Under Wis. Stats. § 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to:

a.

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

b.

Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body.

(b)

Shoreland-wetland maps. The most recent version of the state wetland inventory as depicted on the department of natural resources surface water data viewer is made part of this division. The maps can be viewed at http://dnrmaps.wi.gov/SL/Viewer.html Viewer=SWDV&runWorkflow=Wetland.

(c)

Compliance. The use of any land; the size, shape and placement of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning, and dredging of any lands; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this division and other applicable local, state or federal regulations. Buildings and other structures shall require a permit unless otherwise expressly excluded by a provision of this division. Property owners, builders and contractors are responsible for compliance with the terms of this division.

(d)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this division and obtain all necessary permits. State agencies are required to comply when Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation are exempt when Wis. Stats. § 30.2022 applies.

(e)

Abrogation and greater restrictions. (Wis. Stats. § 59.692(5).) The provisions of this division supersede provisions in other articles of this chapter that solely relate to shorelands. In other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this division supersedes those provisions. However, where an ordinance adopted under a statute other than Wis. Stats. § 59.692 does not solely relate to shorelands and is more restrictive than this division (e.g., a floodplain ordinance), that ordinance shall continue in full force and effect to the extent of the greater restrictions.

(1)

This division shall not require approval or be subject to disapproval by any town or town board (Wis. Stats. § 59.692(2)(a)).

(2)

If an existing town ordinance relating to shorelands is more restrictive than this division or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise (Wis. Stats. § 59.692(2)(b)).

(3)

This division is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this division imposes greater restrictions, the provisions of this division shall prevail.

(4)

These provisions shall only apply to the shoreland area when they impose greater restrictions than this division otherwise imposes.

(5)

This division may establish standards to regulate matters that are not regulated in Wis. Admin. Code ch. NR 115, but that further the purposes of shoreland zoning as described in section 38-738(c) (Wis. Stats. § 59.692(1d)(b)).

(6)

Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that requires any of the following:

a.

Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.

b.

Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

(See Wis. Stats. § 59.692(1k)(a)1.)

(7)

The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland zoning ordinance if the department has issued all required permits or approvals authorizing the construction or maintenance under Wis. Stats. chs. 30, 31, 281, or 283. The term "facility" means any property or equipment of a public utility, as defined in Wis. Stats. § 196.01(5), or a cooperative association organized under Wis. Stats. ch. 185 for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery, or furnishing of natural gas, heat, light, or power. (Wis. Stats. § 59.692(7).)

(f)

Interpretation. In their interpretation and application, the provisions of this division shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other powers granted by state statutes. Where a provision of this division is required by statute and a standard in Wis. Admin. Code ch. NR 115, and where the ordinance provision is unclear, the provision shall be interpreted in light of the statute and Wis. Admin. Code ch. NR 115 standards in effect on the date of the adoption of this division or in effect on the date of the most recent text amendment to this division (Wis. Stats. § 59.69(13)).

(Code 2000, § 38-591; Res. No. 72-16, 9-20-2016)