Shoreland-wetland protection standards

Shoreland-wetland protection standards. (1) Establishment of shoreland-wetland zoning regulations. (a) City and village review of preliminary wetland inventory maps. Before the department prepares final Wisconsin wetlands inventory maps: 1. The department shall transmit to the appropriate city or village officials copies of preliminary wetland inventory maps for that city or village. 2. The city or village shall have 90 days to review the preliminary maps unless the review period is extended by written approval of the department, but in no case shall the review period extend for more than 180 days. 3. The city or village may hold a public hearing to solicit public comments on the preliminary maps. Notice of the time and place of the hearing shall be published as a class I notice under ch. 985 , Stats. 4. On or before the last day of the review period, the city or village shall return the preliminary maps to the department. If city or village officials believe that the preliminary maps are inaccurate, discrepancies shall be noted on the maps with an accompanying narrative explaining the problem areas. 5. The department shall schedule a meeting with city or village officials within 30 days of the return of the preliminary maps if the city or village has indicated that it believes that there are inaccuracies on the preliminary maps. 6. After meeting with city or village officials to discuss apparent map inaccuracies, the department shall, at department expense, consult available soil survey maps and conduct on-site inspections, if appropriate, in order to evaluate the city or village recommendations, and shall then prepare, adopt and deliver to the city or village the final wetland inventory maps for that city or village. 7. The adoption of a final wetland inventory map is a final decision of the department and may be reviewed as provided in ch. 227 , Stats. (b) City and village adoption of shoreland-wetland zoning regulations. 1. Except as provided in subd. 2. or 3. , each city and village shall adopt an ordinance or an amendment to an existing ordinance or zoning code which creates a shoreland-wetland zoning district for all wetlands of 5 acres or more, and all portions of wetlands of 5 acres or more, which are shown on the final wetland inventory maps and which are located in shorelands within the incorporated area of the city or village. Such ordinance or amendment shall be adopted within 6 months after receipt of the final wetland inventory maps prepared by the department which cover that city or village. Cities and villages have the option of zoning any wetlands within their incorporated area, including wetlands which are less than 5 acres in size, except those wetlands described in subd. 2. 2. Subdivision 1. is not applicable to: a. Any wetlands which are filled, prior to the date on which the city or village receives applicable final wetland inventory maps, in a manner that affects their wetland characteristics to the extent that the area would no longer meet the definition of wetland in s. NR 117.03 ; or b. Any wetlands between the ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under s. 30.11 , Stats., that are located on the landward side of the bulkhead line. 3. Subdivision 1. is not applicable to any wetlands which the city or village rezones at the time that shoreland-wetland zoning regulations are initially adopted, if the city or village and the department have determined that such rezoning will have no significant adverse impact upon the wetland functions listed in sub. (4) (d) . The provisions of sub. (4) (d) to (h) are applicable to such rezoning. In order to rezone certain mapped wetlands at the time that shoreland-wetland zoning regulations are initially adopted, the city or village shall publish a separate class II notice and hold a separate public hearing on the proposed rezoning in conjunction with the public hearing on the adoption of the shoreland-wetland zoning ordinance, or amendment to an existing ordinance or zoning code, which is required by subd. 1. 4. A public hearing shall be held on the ordinance or amendment to an existing ordinance or zoning code, which creates a shoreland-wetland zoning district, as required by s. 62.23 (7) (d) 2. , Stats. The appropriate district office of the department shall be provided with a copy of the proposed shoreland-wetland ordinance or amendment, and with written notice of the public hearing, at least 10 days prior to such hearing. (2) Permitted uses in shoreland-wetland zoning districts. Within shoreland-wetland zoning districts, cities and villages may permit, prohibit, or authorize as a special exception (conditional use) the following uses subject to the provisions of chs. 30 and 31 , Stats., and other local ordinances and state and federal laws, if applicable: (a) Hiking, fishing, trapping, hunting, swimming, snowmobiling 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 and that does not involve filling, flooding, draining, dredging, ditching, tiling or excavating. (c) The practice of silviculture, including the planting, thinning and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done except as required for: 1. Temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on the conduct of silvicultural activities if not corrected; or 2. The construction and maintenance of roads necessary to conduct silvicultural activities, as permitted under par. (k) . (d) The pasturing of livestock and the construction and maintenance of fences, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary for the construction and maintenance of fences. (e) The cultivation of agricultural crops if cultivation can be accomplished without filling, flooding, or artificial drainage of the wetland through ditching, tiling, dredging or excavating except for: 1. Flooding, dike and dam construction, and ditching for the purpose of growing and harvesting cranberries; 2. The maintenance and repair of existing farm drainage ditches, where permissible under s. 30.20 , Stats., or of other existing agricultural drainage systems (such as tiling) to restore the functional drainage of existing agricultural lands, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under ch. 30 , Stats., and that dredged spoil is placed on existing spoil banks where possible; or 3. The construction and maintenance of roads necessary for agricultural cultivation, as permitted under par. (k) . (f) The construction and maintenance of duck blinds provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done. (g) The construction and maintenance of nonresidential buildings provided that: 1. The building is used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals, or used solely for some other purpose which is compatible with wetland preservation; 2. The building cannot as a practical matter be located outside the wetland; 3. The building does not exceed 500 square feet in size; and 4. No filling, flooding, draining, dredging, ditching, tiling or excavating is done, except limited filling and excavating necessary to provide structural support for the building. (h) The construction and maintenance of piers, docks, walkways, observation decks and trail bridges, provided that no filling, flooding, dredging, draining, ditching, tiling or excavating is done, except limited filling and excavating necessary for the installation of pilings. (i) 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 farms and wildlife preserves, and public boat launching ramps, provided that: 1. No filling or excavating is done except for limited filling and excavating necessary for the development of boat launching ramps, swimming beaches or the construction of park shelters or similar structures. 2. Any private development allowed under this paragraph shall be used exclusively for the permitted purpose. 3. The construction and maintenance of roads necessary for the uses permitted under this paragraph may be permitted if the requirements of par. (k) are met. 4. Ditching, excavating, dredging, dike and dam construction may be allowed in game refuges and closed areas, fish and wildlife habitat improvement projects, game farms, and wildlife areas provided that they are done for the purpose of improving wildlife habitat or to otherwise enhance wetland values. (j) The construction and maintenance of electric and telephone transmission lines and water, gas and sewer distribution lines, and related facilities, provided that: 1. Such lines cannot as a practical matter be located outside the wetland; and 2. Any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a matter designed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d) . (k) The construction and maintenance of roads which are necessary for the continuity of the city street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that: 1. The road cannot, as a practical matter, be located outside of the wetland; 2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d) ; 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 filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road. (L) The construction and maintenance of railroad lines provided that: 1. Such lines cannot as a practical matter be located outside the wetland; and 2. Any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d) . (m) 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 the adverse impact upon the natural functions of the shoreland-wetland listed under sub. (4) (d) . (n) The maintenance, repair, replacement, and reconstruction of existing county, city and village highways and bridges. (o) The maintenance and repair of existing non-agricultural drainage ditches, where permissible under s. 30.20 , Stats., or of other existing non-agricultural drainage systems (such as tiling) to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under ch. 30 , Stats., and that dredged spoil is placed on existing spoil banks where possible. (3) Prohibited uses in shoreland-wetland zoning districts. Any use not listed in sub. (2) is prohibited in a shoreland-wetland zoning district unless the wetland, or a portion thereof, is rezoned by amendment of the city or village shoreland-wetland zoning ordinance in accordance with s. 62.23 (7) (d) 2. , Stats., and the procedures outlined in sub. (4) . (4) Amending shoreland-wetland zoning regulations.