This article is adopted pursuant to the authorization in Wis. Stats. §§ 61.35, 61.351, 87.30 and 281.31.

Uncontrolled use of the shoreland-wetlands and 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 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 habits;
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.

(Ord. No. 17-98-1, § 1(e), 11-16-1998; Ord. of 8-21-2014)

1. Compliance. 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 94.302(f) 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.
2. Municipalities and state agencies regulated. 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.
3. Abrogation and greater restrictions.
   1. This article supersedes all the provisions of any municipal zoning ordinance enacted under Wis. Stats. §§ 61.35 or 87.30 which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than 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.
4. Interpretation. 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 village 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 Wis. Admin. Code NR Chapter 117, and where the article provision is unclear, such provision shall be interpreted in light of the Wis. Admin. Code NR Chapter 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.
5. Annexed areas. The county shoreland zoning provision in effect on the date of annexation remain in effect administered by the village for all areas annexed by the village after May 7, 1982. These annexed lands are described on the village's official zoning map. The county shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the village zoning administrator.

[Amended by Ord. No. 17-98-1, § 1(e), 11-16-1998; Ord. of 8-21-2014]

1. Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this article and are on file in the office of the municipal clerk:
   1. State wetland inventory maps stamped "final" on August 25, 1989.
   2. Floodplain zoning maps based on the FIS, Flood Insurance Rate Map (FIRM), panel numbers 55073C0411F, 55073C0412F, 55073C0413F, 55073C0416F, 55073C0417F, 55073C0418F, 55073C0419F, 55073C0438F, 55073C0652F, 55073C0660F, 55073C0700F of 1000, community panel number 550323, dated July 22, 2010; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated July 22, 2010, Volume number 55073CV000A.
   3. Zoning map titled “Zoning District Map, Village of Weston, Marathon County, Wisconsin.”
2. District boundaries.
   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 article 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 article.
      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 article. Floodplain zoning maps adopted in section 94.9.04(1)(b) 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 zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources (DNR), hereafter called Department, for a 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 zoning maps and actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate Department to determine if the shoreland-wetland district boundary as mapped, is in error. If Department staff concur 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 zoning 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 this section, the zoning administrator shall be responsible for initiating a map amendment within a reasonable period.
3. Filled wetlands; wetlands landward of a bulkhead line. Wetlands which were filled prior to January 27, 1983, the date on which the village 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 article. 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.
4. Permitted uses. 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 which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
      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 no 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 agriculture crops; and
      6. The construction and maintenance of duck blinds.
   2. Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided as follows:
      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 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 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, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary 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 adverse impacts upon the natural functions of the shoreland-wetland listed in this section; 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 which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided as follows:
      1. 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 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 adverse impacts upon the natural functions of the wetland listed in this section;
         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; and
         5. Any wetland alteration must be necessary for the construction or maintenance of the road.
      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; and
         4. Only limited filling and excavating necessary to provide structural support for the building is allowed.
      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 (4)(c)3 of this section 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 (4)(c)3 are allowed only where such construction and maintenance meets the criteria in this section; and
         4. 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.
      4. 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 liens, 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 adverse impacts upon the natural functions of the wetland listed in this article.
5. Prohibited uses.
   1. Any use not listed in subsection (4) of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this article in accordance with subsection (7) of this section.
   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.
6. Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time the ordinance from which this article is derived, or an applicable amendment to this article, took effect and which is not in conformity with the provisions of this article, 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 article authorized by Wis. Stats. § 61.351 shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure or of any environmental control facility related to such a structure in existence on the effective date of the shoreland-wetland provisions. 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 this article.
   3. 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 article adopted under Wis. Stats. §§ 61.351 or 62.231 may be continued although such use does not conform to the provisions of this article. However, such nonconforming use may not be extended.
   4. 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 Wis. Stats. § 30.121.
   5. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
7. Amending shoreland-wetland zoning regulations.
   1. The board 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., Wis. Admin. Code NR Ch. 117 and the following:
   2. A copy of each proposed text or map amendment shall be submitted to the appropriate regional office of the WDNR within five days of the submission of the proposed amendment to the municipal planning agency;
   3. All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after class 2 notice as required by Wis. Stats. § 62.23(7)(d)2. The appropriate regional office of the Department shall be provided with written notice of the public hearing at least ten days prior to such hearing.
   4. In order to ensure that this article will remain consistent with the shoreland protection objectives of Wis. Stats. § 281.31, the 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 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.
   5. Where the regional office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (7)(d) of this section, the regional office of the Department shall so notify the village of its determination either prior to or during the public hearing held on the proposed amendment.
   6. The appropriate district office of the department shall be provided with:
      1. A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within ten days after the submission of those recommendations to the board.
      2. Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
   7. If the regional office of the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (7)(d) of this section that proposed amendment, if approved by the board, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by subsection (7)(e) of this section. If within the 30 day period, the Department notifies the village that the Department intends to adopt a superseding shoreland-wetland zoning article for the village as provided by Wis. Stats. §62.231(6) and 61.351(6), the proposed amendment shall not become effective until the article adoption procedure under Wis. Stats. § 62.231(6) or 61.351(6), is completed or otherwise terminated.

[Amended by Ord. No. 17-98-1, § 1(e), 11-16-1998; Ord. of 8-21-2014]