The FWW floodway/wetland district is intended to preserve, protect, and enhance the ponds, streams, and wetland areas within the floodplains 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. In delineating the FWW district, the effects of development within the associated floodfringe shall be computed, as regulated under Chapter 19.46 of this title. No floodway/wetland district changes shall be permitted that are not consistent with the wetland preservation shoreland protection objectives of Wisconsin Statutes 144.26 as set forth in Section 19.69.066(B) of this code.

The FWW floodway/wetland district, as shown on the zoning map, includes those wetlands that are shown on the Wisconsin Wetland Inventory Map for the City of Whitewater, dated July 2, 1987, and stamped "FINAL;" which are also shown within the one hundred-year recurrence interval floodplain as shown on the official floodplain zoning map.

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

Permitted uses in the FWW 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.

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;

E.

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;

F.

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

G.

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 FWW floodway/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 FWW floodway/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 FWW floodway/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 FWW 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 Section 19.69.066(B) of this code;

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. Filling in the FWW district shall not be permitted if the effect will be to increase flood stage by 0.01 foot or more, except as otherwise provided in this chapter.

B.

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 structures shall be erected;

3.

No filling is to be done; and

4.

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.

C.

The construction and maintenance of fences, provided that:

1.

All fences shall have at least fifty percent of their surface area open for free passage of light, air, and floodwaters; and

2.

All fences shall be firmly anchored to prevent them from floating away and restricting bridge openings.

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 floodway/wetland district;

2.

All utilities shall be firmly anchored to prevent flotation;

3.

All utilities shall be floodproofed to an elevation at least two feet above the one hundred-year recurrence interval flood, and shall be designed to eliminate or minimize infiltration of floodwater into the utility; and

4.

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. Filling in the FWW district shall not be permitted if the effect will be to increase flood stage by 0.01 foot or more, except as otherwise provided in this chapter.

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)

No development in the FWW floodway/wetland district shall adversely affect the channels, floodways, or shorelands of Whitewater Creek, Spring Brook, any tributaries thereto, drainage ditches, or other lands lying outside the floodlands.

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

Lands lying within the FWW floodway/wetland district shall not be used for dumping or be filled.

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

Lands lying within the FWW floodway/wetland district shall not be used for the storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, or plant life.

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

A.

Lands lying within the FWW floodway/wetland district shall not be used for any solid waste disposal site or onsite soil absorption sanitary sewerage system site, or the construction of any well which is used to obtain water for ultimate human consumption. Sewage treatment plants and treatment ponds shall not be constructed in the FWW floodway/wetland district.

B.

Any use not listed as a permitted use or a conditional use in the FWW floodway/wetland district is prohibited unless the FWW 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)

No mobile home, manufactured home, mobile home park, or trailer camp shall be placed or moved onto lands lying in the FWW floodway/wetland district.

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