A.

Statutory Authorization. This chapter is adopted pursuant to the authorization in § 62.231, Wis. Stats. and Chapter NR 117, Wis. Adm. Code.

B.

Finding of Fact and Purpose. Uncontrolled use of the shoreland-wetlands and the pollution of navigable waters adversely affect public health, safety, convenience, and general welfare. The Wisconsin Legislature has delegated responsibility to all municipalities to:

1.

Promote public health, safety, convenience, and general welfare;

2.

Maintain storm 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 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.

C.

General Provisions.

1.

Applicability.

a.

The use of wetlands and the alteration of wetlands within the shoreland area shall be in full compliance with the terms of this chapter and other applicable local, state, or federal regulations, including § 281.36, Wis. Stats. and Chapters NR 103 and NR 151, Wis. Adm. Code.

b.

Unless specifically exempted by law, all agencies are required to comply with this chapter and obtain all necessary permits.

c.

The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation (WDOT) are exempt when § 30.2022(1), Wis. Stats. applies.

d.

State agencies are required to comply if § 13.48(13), Wis. Stats. applies.

2.

Abrogation and Greater Restrictions.

a.

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

b.

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

D.

Interpretation. In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. Where a provision of this chapter is required by a standard in Chapter NR 117, Wis. Adm. Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this chapter (February 9, 2021) or in effect on the date of the most recent text amendment to this chapter.

E.

Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Definitions. For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as outlined. Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

"Accessory structure or use" means a detached subordinate structure or a use which 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.

"Boathouse" means a permanent structure used for the storage of watercraft and includes all structures which are totally enclosed, have roofs or walls, or any combination of structural parts.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

"DNR" means the Wisconsin Department of Natural Resources.

"Drainage system" means one or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

"Environmental control facility" means any facility, temporary or permanent, which 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.

"Fixed houseboat" means 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 spud poles attached to the bed of the waterway.

"Navigable waters" means streams, ponds, sloughs, flowages, and other waters which are navigable under the laws of this state. Under Ch. 281, Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 62.231, Wis. Stats., and Ch. NR 117, Wis. Adm. 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; and

3.

Such lands are maintained in nonstructural agricultural use.

"Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons."

"Ordinary high water mark" means the point on the bank or shore up to which the presence and action of surface water are so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, the predominance of aquatic vegetation, or another easily recognized characteristic.

"Shorelands" means lands within the following distances from the ordinary high water mark of navigable waters:

1.

One thousand (1,000) feet from a lake, pond or flowage; and

2.

Three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

"Shoreland-wetland district" means the area within the shoreland comprised of wetlands of five acres or more and portions of wetlands five acres as shown on the Wisconsin wetland inventory maps which have been adopted and made a part of this chapter.

"Silviculture" means the practice of controlling forest composition, structure, and growth to maintain and enhance the forest's utility for any purpose. Silviculture does not include stump harvesting.

"Spoil" means the material dredged from a drainage system, such as sediment and vegetated material.

"Stump harvesting" means the process of removal of a tree stump as well as all of the tree's widespread roots.

"Unnecessary hardship" means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing the area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

"Wetlands" 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.

"Wetland alteration" means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures, or dike and dam construction in a wetland area.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this chapter and are on file in the office of the city clerk:

1.

Wisconsin wetland inventory maps as depicted on the DNR surface water data.

2.

FEMA floodplain zoning maps titled and dated.

3.

United States Geological Survey maps titled and dated.

4.

City of River Falls official zoning maps titled and dated.

B.

District Boundaries.

1.

The shoreland-wetland zoning district includes all wetlands that are shown on the most recent version of the Wisconsin wetland inventory and are:

a.

Within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages 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.

b.

Within three hundred (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. Floodplain zoning maps shall be used to determine the extent of floodplain areas.

2.

Determinations of navigability and ordinary high water mark location shall initially be made by the designated zoning administrator. When questions arise, the zoning administrator shall contact the DNR for a final determination of navigability or ordinary high water mark.

3.

When an apparent discrepancy exists between the shoreland-wetland district boundary and actual field conditions at the time the shoreland-wetland zoning map was adopted, the zoning administrator shall contact the DNR to determine if the shoreland-wetland district boundary is in error as mapped. If DNR staff concur that a particular area was incorrectly mapped as a wetland, the zoning administrator shall have the authority to immediately grant or deny a permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in subsections C and D, below, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.

C.

Filled Wetlands. Wetlands which are filled prior to the effective date of the city's original implementation of shoreland-wetland zoning (River Falls Ordinance No. 2003-13), in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as a wetland, are not subject to this chapter.

D.

Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under § 30.11, Wis. Stats. are not subject to this chapter.

E.

Permitted Uses. The following uses are permitted subject to the provisions of Ch. 30 and Ch. 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:

1.

Permit Not Required.

a.

Hiking, fishing, trapping, hunting, swimming, 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 maintenance of sealed tiles existing at the time of this chapter 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 17.124.050(B).

2.

Permit Required. Uses which are allowed upon the issuance of a permit.

a.

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

b.

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.

c.

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.

d.

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

e.

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 this shoreland-wetland chapter provided that:

i.

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

ii.

The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in Section 17.124.050(B).

iii.

The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use.

iv.

Road construction activities are carried out in the immediate area of the roadbed only.

v.

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

f.

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:

i.

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

ii.

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;

iii.

The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meet the criteria in subsection 2(e), above; and

iv.

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.

g.

The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines, sewage collection lines, and related facilities and the construction and maintenance of railroad lines provided that:

i.

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

ii.

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

iii.

Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in Section 17.124.050(B).

F.

Prohibited Uses.

1.

Any use not listed in Section 17.124.030(E) is prohibited unless the wetland or a portion of the wetland has been rezoned by amendment of this chapter in accordance with Section 17.124.050 of this chapter.

2.

Stump harvesting.

G.

Nonconforming Uses. The lawful use of a building, structure, or property which existed at the time this chapter or an applicable amendment to this chapter took effect and which is not in conformity with the provisions of the chapter may be continued subject to the following conditions:

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 or subsequent amendment of this chapter adopted under § 62.231, Wis. Stats. may be continued although such use does not conform with the provisions of the chapter; however, such nonconforming use may not be expanded.

2.

If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this chapter.

3.

Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

H.

Nonconforming Structures. A nonconforming structure which existed at the time this chapter or an applicable amendment to this chapter took effect and which is not in conformity with the provisions of the 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 § 62.231, Wis. Stats., 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 § 62.23(7)(hb), Wis. Stats.

2.

The maintenance and repair of nonconforming boathouses which are located below the ordinary high water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Zoning Administrator. The zoning administrator shall have the authority to issue permits as well as all powers and duties as listed in Section 17.104.020.

B.

Permits. Unless another section of this chapter specifically exempts certain types of development from this requirement, a permit shall be obtained from the zoning administrator before any new development, as defined in Section 17.124.020, or any change in the use of an existing building or structure is initiated.

1.

Application. A permit application shall be made to the zoning administrator upon forms furnished by the city and shall include, for the purpose of proper enforcement of these regulations, the following information:

2.

General Information.

a.

Name, address, and telephone number of the applicant, property owner, and contractor, where applicable.

b.

A narrative describing the project, including schedule and phasing, as applicable.

c.

Legal description of the property and a general description of the proposed use or development.

3.

Site Development Plan. The site development plan shall be prepared by a licensed engineer and submitted as a part of the permit application. It shall contain the following information drawn to scale:

a.

Dimensions and area of the lot;

b.

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

c.

Description of any existing or proposed water and sewer systems;

d.

Location of the ordinary high water mark of any abutting navigable waterways as reported by an "assured" wetland delineator as designated by the Wisconsin Department of Natural Resources;

e.

Boundaries of all wetlands;

f.

Existing and proposed topographic and drainage features and vegetative cover;

g.

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

h.

Location of existing or future access roads; and

i.

Specifications and dimensions for areas of proposed wetland alteration;

j.

Any additional information as determined by the zoning administrator.

4.

Operational Plan. The operational plan, if applicable and deemed necessary by the city engineer, shall submitted as part of the permit application.

C.

Board of Appeals. The board of appeals shall have all powers and duties as listed in Section 17.104.030.

1.

Appeals to the Board. Appeals to the board may be taken by any person aggrieved or by an officer, department, board, or bureau affected by any order, requirement, decision, or determination of the zoning administrator or another administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the official whose decision is in question, and with the board of appeals, a notice of appeal specifying the reasons for the appeal. The person whose decision is in question shall transmit to the board all the papers constituting the record on the matter appealed.

2.

Public Hearings.

a.

Before deciding an appeal, the board shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing by publishing a class 2 notice under Ch. 985, Stats., specifying the date, time and place of the hearing and the matters to come before the board. At the public hearing, any party may present testimony in person, by an agent, or by an attorney.

b.

A copy of such notice shall be mailed to the parties in interest and the appropriate office of the DNR at least ten (10) days prior to all public hearings on issues involving shoreland-wetland zoning.

3.

Decisions.

a.

The final disposition of an appeal before the board shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision, or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction or prosecution.

b.

A copy of such decision shall be mailed to the parties in interest and the appropriate office of the DNR within ten (10) days after the decision is issued.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

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

1.

A copy of each proposed text or map amendment shall be submitted to the appropriate office of the DNR within five days of the submission of the proposed amendment to the city;

2.

All proposed text and map amendments shall be referred to the plan commission, and a public hearing shall be held after class II notice as required by § 62.23(7)(d)2., Wis. Stats. The appropriate office of the DNR shall be provided with written notice of the public hearing at least ten (10) days prior to such hearing.

3.

Amendments to shoreland-wetland zoning regulations are not subject to the procedures in Section 17.104.050 for zoning ordinance and zoning map amendments.

B.

In order to ensure that this chapter will remain consistent with the shoreland protection objectives of § 281.31, Wis. Stats., the city council 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.

Storm and floodwater storage capacity;

2.

Maintenance of dry season streamflow 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.

C.

Where the DNR determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in section (B), above, the DNR shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

D.

The appropriate office of the DNR shall be provided with:

1.

A copy of the recommendation and report, if any, of the plan commission on a proposed text or map amendment within ten (10) days after the submission of those recommendations to the city council.

2.

Written notice of the action on the proposed text or map amendment within ten (10) days after the action is taken.

E.

If the DNR notifies the city in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection B, above, that proposed amendment, if approved by the city council, shall not become effective until more than thirty (30) days have elapsed since written notice of the city council approval was mailed to the DNR, as required by section (D)(2), above. If within the thirty (30) day period, the DNR notifies the municipality that it intends to adopt a superseding shoreland-wetland zoning chapter for the city as provided by § 62.231(6) Wis. Stats., the proposed amendment shall not become effective until the chapter adoption procedure under § 62.231(6) Wis. Stats. is completed or otherwise terminated.

(Ord. No. 2021-01, § 1, 2-9-2021)

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 this chapter in violation of the provisions of this chapter, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to a violation per Section 17.104.060 of this municipal code.

(Ord. No. 2021-01, § 1, 2-9-2021).