This article is adopted pursuant to the authority granted in Wis. Stats. §§ 62.23, 62.231, 87.30 and 144.26.

(Code 1973, § 16.05.170(a))

The uncontrolled use of the shoreland and wetlands and pollution of the navigable waters of the city would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The state legislature has delegated responsibility to 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 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 habitats.

(5)

Prohibit certain uses detrimental to the shoreland-wetland area.

(6)

Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.

(Code 1973, § 16.05.170(b))

The use of wetlands and the alteration of wetlands within the shoreland area of the city shall be in full compliance with the terms of this article and other applicable local, state or federal laws and regulations. Note: Under Wis. Stats. § 144.26(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stats. § 62.231, and chapter NR 117, Wisconsin Administrative Code, 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.

(3)

Such lands are maintained in nonstructural agricultural use.

(Code 1973, § 16.05.170(c))

Unless specifically exempted by law, all cities, villages, towns 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 state department of transportation are exempt when Wis. Stats. § 30.12(4)(a) applies.

(Code 1973, § 16.05.170(d))

In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by the state statutes. Where a provision of this article is required by a standard in chapter NR 117, Wisconsin Administrative Code, and where the provision is unclear, it shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of this article or in effect on the date of the most recent text amendment to this article.

(Code 1973, § 16.05.170(e))

The county shoreland provisions in effect on the date of annexation remain in effect as administered by the city for all areas annexed by the city after May 7, 1982. These annexed lands are described on the city's official zoning map. The county shoreland zoning provisions are incorporated by reference for the purpose of administering this article and are on file in the office of the city zoning administrator.

(Code 1973, § 16.05.170(f))

The state wetland inventory maps, stamped "Final" on October 26, 1988, are hereby adopted and made a part of this article, and are on file in the office of the zoning administrator.

(Code 1973, § 16.05.170(g))

(a)

The shoreland-wetland zoning district includes all wetlands in the city which comprise five acres or more and are shown on the final wetland inventory map that has been adopted and made a part of this article and which:

(1)

Are within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the city 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 article; or

(2)

Are 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 article. Floodplain zoning maps adopted in section 114-845 shall be used to determine the extent of floodplain areas.

(b)

Determinations of navigability and ordinary high water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the department of natural resources for a final determination of navigability or ordinary high water mark.

(c)

When an apparent discrepancy exists between the shoreland-wetland district boundary shown on the official zoning maps and actual field conditions at the time the maps where adopted, the zoning administrator 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 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 the request in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in subsection (d) or (e) of this section, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period of time.

(d)

Wetlands which are filled prior to October 26, 1988, the date on which the city received final wetland inventory maps, 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 section.

(e)

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 article.

(Code 1973, § 16.05.170(h))

Any new development in the shoreland-wetland areas in the city regulated by this article shall require a permit from the zoning administrator.

(Code 1973, § 16.05.170(n))

Article II, divisions 2 and 3 of this chapter shall apply to variances and appeals under this article, subject to the following:

(1)

A copy of the appeal public hearing notice shall be sent to the district office of the department of natural resources ten days prior to the hearing. A copy of the decision of the board of appeals shall be sent to the district office of the department of natural resources within ten days after such decision.

(2)

The board of appeals shall only allow variances which relax dimensional standards. Use variances shall not be authorized.

(Code 1973, § 16.05.170(l))

The common council may alter, supplement or change the district boundaries and the regulations contained in this article in accordance with the requirements of Wis. Stats. § 62.23(7)(d)2., chapter NR 117, Wisconsin Administrative Code, and the following:

(1)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department of natural resources within five days of the submission of the proposed amendment to the planning, heritage, and design commission.

(2)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the planning, heritage, and design commission and a public hearing shall be held after class 2 notice as required by Wis. Stats. § 62.23(7)(d)2. The appropriate district office of the department of natural resources shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(Code 1973, § 16.05.170(o)(1)a, b; Ord. No. 0026-19, pt. 103, 11-12-19)

(a)

In order to ensure that this article shall remain consistent with the shoreland protection objectives of Wis. Stats. § 144.26, the common council may not rezone a wetland in a shoreland-wetland area, 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.

(b)

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 subsection (a) of this section, the department of natural resources shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

(Code 1973, § 16.05.170(o)(1)c, d)

(a)

The appropriate district office of the department of natural resources shall be provided with:

(1)

A copy of the recommendation and report, if any, of the planning, heritage, and design commission on a proposed text or map amendment, within ten days after the submission of those recommendations to the common council.

(2)

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

(b)

If the department of natural resources notifies the planning, heritage, and design commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in section 114-939(a), the proposed amendment, if approved by the common council, shall not become effective until more than 30 days have elapsed since written notice of the city approval was mailed to the department of natural resources, as required by subsection (a) of this section. If, within the 30-day period, the department of natural resources notifies the city that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city 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 1973, § 16.05.170(o)(1)e, f; Ord. No. 0026-19, pt. 104, 11-12-19)

The regulations of article IV of this chapter shall apply to nonconforming structures and uses, in addition to the following: The shoreland-wetland provision 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, which is 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 assessed value.

(Code 1973, § 16.05.170(m)(1))

Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption of subsequent amendment of the shoreland-wetlands regulations adopted under Wis. Stats. § 62.231 may be continued although such use does not conform to the provisions thereof. However, such nonconforming use may not be extended.

(Code 1973, § 16.05.170(m)(2))

The following uses are permitted subject to the provisions of Wis. Stats. chs. 30 and 31, the permitted use lists of the individual zoning districts in this chapter, the city floodland regulations, and the provisions of other local, state and federal laws, if applicable:

(1)

Hiking, fishing, 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; and

(4)

The cultivation of agricultural crops.

(Code 1973, § 16.05.170(i))

Conditional uses in shoreland and wetland areas shall comply with article III in addition to the requirements set out in this division. A copy of the conditional use public hearing notice shall be sent to the district office of the department of natural resources ten days prior to the hearing. A copy of the decision of the city on such conditional use shall be sent to the district office of the department of natural resources within ten days after the decision is issued.

(Code 1973, § 16.05.170(j)(1))

All applications for wetland conditional uses shall be accompanied by a site development plan drawn to scale containing the following information:

(1)

Location of any structures with distances measured from the lot lines of all abutting streets or highways;

(2)

Location of the ordinary high water mark of any abutting navigable waterways;

(3)

Boundaries of all wetlands;

(4)

Existing and proposed topographic and drainage features and vegetative cover;

(5)

Location of floodplain and floodway limits on the property as determined from floodplain zoning map;

(6)

Location of existing or future access roads; and

(7)

Specifications and dimensions for areas of proposed wetland alteration.

(Code 1973, § 16.05.170(j)(2))

Those uses which may include wetland alterations only to the extent specifically provided in the following subsections are conditional uses:

(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 silviculture 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 systems to restore preexisting 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.

(4)

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

(5)

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 114-939(a).

(6)

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

(7)

The construction and maintenance of roads which are necessary for the continuity of the city street system, the provision of essential utility and emergency services or the providing of access to uses permitted under section 114-976, provided that:

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 wetlands listed in section 114-939(a);

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 must be necessary for the construction or maintenance of the road.

(8)

The construction and maintenance of a nonresidential building, provided that:

a.

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;

b.

The building cannot, as a practical matter, be located outside the wetland, i.e., the building is functionally dependent on a wetland location;

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 performed.

(9)

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:

a.

Any private development allowed under this subsection shall be used exclusively for the permitted purpose;

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 performed;

c.

The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in subsection (7) of this section; and

d.

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.

(10)

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:

a.

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

b.

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

c.

Such construction is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in section 114-939(a).

(Code 1973, § 16.05.170(j)(3))

Any use not listed in subdivision III and subdivision IV of this division is prohibited unless the wetland or portion of wetland has been amended in accordance with section 114-937.

(Code 1973, § 16.05.170(k)(1))

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 1973, § 16.05.170(k)(2))