(a)

Purpose. To protect natural scenic beauty, fish and wildlife habitat, and water quality, the county shall regulate removal of vegetation in shoreland areas with standards that consider sound forestry and soil conservation practices, the effect of vegetation removal on water quality including soil erosion and the flow of effluents, sediments and nutrients.

(b)

Shoreland buffer standards. To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, this division shall designate all land that extends from the ordinary highwater mark to a minimum of 35 feet inland as a shoreland buffer and prohibit removal of vegetation in the shoreland buffer. A compliant shoreland buffer shall contain three distinct layers including a native tree canopy, shrub layer, and groundcover layer, except for closed canopy forest types such as pine and hemlock. The following activities are allowed within the shoreland buffer, subject to the following standards:

(1)

The removal of trees and shrubs in the shoreland buffer to create a viewing and access corridor per Wis. Stats. § 59.692(1f)(b).

a.

The viewing and access corridor may be up to 35 feet wide for every 100 feet of shoreline frontage.

b.

The viewing and access corridor may run contiguously for the entire maximum allowed width per shoreline frontage owned.

c.

The allowable viewing and access corridor shall be determined by the amount of shoreline frontage listed on a certified survey map, the county GIS parcel map, or other reasonably accurate assessment tool in use in the zoning, surveying or land records departments.

d.

The viewing and access corridor must be maintained with some form of vegetation that prevents bank erosion and sedimentation of the waterway. Sand, gravel, rock or other similar materials shall be prohibited as an alternative to vegetation unless otherwise allowed by this division.

(2)

The removal of damaged, dead, diseased or dying trees and tree branches provided they present a safety hazard to structures or persons, and provided they are replaced with native vegetation or approved cultivars of native stock that is equally effective in fulfilling the purposes of the shoreland buffer.

(3)

The removal of trees and shrubs in the shoreland buffer on a parcel with ten or more acres of forested land consistent with "generally accepted forestry management practices" as defined in Wis. Admin. Code § NR 1.25(2)(b), and described in the state department of natural resources publication "Wisconsin Forest Management Guidelines," provided that vegetation removal be consistent with these practices.

(4)

The removal of vegetation within the shoreland buffer to manage exotic or invasive species, provided that any vegetation removed be replaced with native vegetation or approved cultivars of native stock that is equally effective in fulfilling the purposes of the shoreland buffer.

(5)

Any path, road or passage within the required shoreland buffer, including the allowable viewing and access corridor, shall be constructed and surfaced so as to effectively control erosion and minimize stormwater runoff directly into a waterway.

(6)

Protection of shoreland buffer vegetation during times of construction. Except where construction within the shoreland buffer is authorized, all vegetation within the required shoreland buffer shall be protected by fencing to exclude construction activities. Such vegetation shall be maintained so as to maximize the soil stabilization and filtering functions of the shoreland buffer.

(c)

Shoreland buffer restoration standards. Where shoreland buffer restoration is required in section 38-743(1)a.2 or proposed under section 38-749, the restoration shall meet the following criteria:

(1)

Passive restoration (natural recovery). When all mowing, pruning, and vegetation cutting ceases within the shoreland buffer, with the exception of activities allowed by subsection (b) of this of this section, and existing vegetation is then allowed to grow naturally, this shall be known as a passive shoreland buffer restoration. A passive shoreland buffer may only serve as the restoration if tree, shrub and ground cover layers are already present in acceptable densities, as outlined in subsections (b)(2) and (3) of this section, and the site is suited for natural regeneration.

(2)

Active restoration (accelerated recovery). When all mowing, pruning, and vegetation cutting ceases, with exception of activities allowed by subsection (b) of this section, and native species or approved cultivars of native stock are planted at required densities within the shoreland buffer this shall be known as an active shoreland buffer restoration. All active shoreland buffer restorations shall meet the following standards:

a.

Planting shall be species native to the state and approved by the county land and water conservation department (LWCD). Cultivars of these native species may be used if approved by the LWCD.

b.

Trees shall be planted to restore a density of at least one stem per 100 square feet of shoreland buffer area.

c.

Shrubs shall be planted to restore a density of at least two stems per 100 square feet of shoreland buffer area, except for closed canopy forest types.

d.

Ground cover shall be restored to the extent practicable.

(3)

Shoreland buffer restoration plan requirements. A plan for the restoration of an active shoreland buffer includes:

a.

An inventory of plant species currently present and an indication of their density within the required shoreland buffer.

b.

A list of desired native, site-adapted species (or approved cultivars of native species), size or age of species and a schedule for their planting. A minimum size or age of species may be required depending on site conditions.

c.

A sketch showing no mow areas and/or the placement and densities of each species planned for the restored shoreland buffer.

d.

A description of how the applicant intends to carry out the project including a watering plan and the erosion control measures that will be used during restoration.

e.

A description of the proposed method for removal of existing turf grass or other non-native species. Landscape cloth, plastic, mill felt or other barriers similar in nature may only be used on a temporary basis to facilitate the removal of non-native species.

f.

A replacement schedule for restoration plantings. Any vegetation required as mitigation but subsequently dies due to neglect, lack of watering, planting errors, deer browse, etc., shall be replaced and maintained.

g.

All buffer restoration plans shall be approved by the LWCD.

(Code 2000, § 38-596; Res. No. 72-16, 9-20-2016)