The C-1 shoreland wetland overlay district is intended to preserve, protect, and enhance the ponds, streams, and wetland areas within the shoreland jurisdiction of the city. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface; prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the city.

The C-1 shoreland wetland district, as shown on the zoning map, includes all wetlands within the shorelands, as defined in this title, in the city. The boundaries were determined from the Wisconsin Wetland Inventory Map for the City of Whitewater, dated July 2, 1987, and stamped "FINAL."

(Ord. No. 1914A, 2-18-2016)

Permitted uses in the C-1 district are limited to the following:

A.

Hiking, fishing, trapping, swimming and boating, unless prohibited by other laws and ordinances;

B.

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, and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating;

C.

Silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected;

D.

Construction and maintenance of fences;

E.

Agricultural crops and grazing provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen;

F.

Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing drainage system only to the extent necessary to maintain the level of drainage required to continue the existing use;

G.

The construction and maintenance of piers, docks, and walkways, including those built on pilings;

H.

The maintenance, repair, replacement, and reconstruction of existing streets, roads, and bridges.

(Ord. No. 1914A, 2-18-2016)

The following uses are conditional uses in the C-1 shoreland wetland district and may be permitted as specified. The city plan commission shall transmit a copy of each application for a conditional use in the C-1 shoreland wetland district to the Wisconsin Department of Natural Resources (DNR) at least ten days prior to the public hearing. Final action on the application shall not be taken for thirty days or until the DNR has made its recommendation, whichever comes first. A copy of all C-1 shoreland wetland district conditional use permits shall be transmitted to the DNR within ten days following the decision:

A.

The construction of streets which are necessary for the continuity of the city street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 district, provided that:

1.

The street cannot as a practical matter be located outside the conservancy district;

2.

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in Wisconsin Statutes 11.1308(B);

3.

The street is designed and constructed with the minimum cross-section practical to serve the intended use;

4.

The street construction activities are carried out in the immediate area of the roadbed only; and

5.

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.

B.

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, provided that:

1.

The building cannot as a practical matter be located outside the conservancy district;

2.

The building is not designed for human habitation and does not exceed five hundred square feet in area; and

3.

Only limited filling or excavating necessary to provide structural support is conducted.

C.

The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided, that:

1.

Any private recreation or wildlife habitat area must be exclusively for that purpose;

2.

No filling is to be done; and

3.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

D.

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, provided that:

1.

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and

2.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

E.

The construction and maintenance of railroad lines, provided that:

1.

The railroad lines cannot as a practical matter be located outside the conservancy district; and

2.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(Ord. No. 1914A, 2-18-2016)

Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 district lands concerned are first rezoned into another district. Furthermore, 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 water are prohibited.

(Ord. No. 1914A, 2-18-2016)