NR 115.04(2)(c)4.g.
g. Areas of special recreational, scenic or scientific interest, including scarce wetland types.
NR 115.04(2)(c)5.
5. If the department determines that the proposed rezoning may have a significant adverse impact upon any of the criteria listed in subd.
4., the department shall notify the county zoning agency of its determination either prior to or during the public hearing held on the proposed amendment.
NR 115.04(2)(c)6.
6. As soon as possible after holding a public hearing, the county zoning agency shall submit its written findings and recommendations to the county board. Said findings shall outline the reason for the agency's recommendations. After receipt of the county zoning agency's findings and recommendations, the board may approve or disapprove of the proposed amendment.
NR 115.04(2)(c)7.
7. The appropriate regional office of the department shall be provided with all of the following:
NR 115.04(2)(c)7.a.
a. A copy of the county zoning agency's findings and recommendations on the proposed amendment within 10 days after the submission of those findings and recommendations to the county board;
NR 115.04(2)(c)7.b.
b. Written notice of the board's decision on the proposed amendment within 10 days after it is issued.
NR 115.04(2)(c)8.
8. If the county board approves of the proposed amendment and the department determines, after review as required by s.
NR 115.06 (2) (c), that the county shoreland zoning ordinance if so amended would no longer comply with the requirements of s.
59.692, Stats., and this chapter, the department shall, after notice and hearing, adopt a complying ordinance for the county, under s.
59.692 (6), Stats.
NR 115.04(2)(c)9.
9. If the department has notified the county zoning agency that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subd.
4., that proposed amendment, if approved by the county board, shall not become effective until more than 30 days have elapsed since written notice of the county board's approval was mailed to the department, as required by subd.
7. If within the 30-day period the department notifies the county board that the department intends to adopt a superseding shoreland zoning ordinance for the county under s.
59.692 (6), Stats., the proposed amendment shall not become effective while the ordinance adoption procedure is proceeding, but shall have its effect stayed until the s.
59.692 (6), Stats., procedure is completed or otherwise terminated.
NR 115.04(3)
(3) Permitted uses in shoreland-wetland zoning districts. Within shoreland-wetland zoning districts, counties shall permit the following uses subject to the general requirements of s.
NR 115.05, the provisions of chs.
30 and
31, Stats., and other state and federal laws, if applicable:
NR 115.04(3)(a)
(a) Hiking, fishing, trapping, hunting, swimming and boating.
NR 115.04(3)(b)
(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.
NR 115.04(3)(c)
(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 to construct and maintain roads which are necessary to conduct silviculture activities, which cannot as a practical matter be located outside the wetland, and which are designed and constructed to minimize the adverse impact upon the natural functions of the wetland, or except as required for 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.
NR 115.04 Note
Note: Local units of government, in the development and application of ordinances which apply to shoreland areas, must consider other programs of statewide interest and other state regulations affecting the lands to be regulated, i.e. regulations and management practices applicable to state and county forests and lands entered under the forest cropland and managed forest land programs.
NR 115.04(3)(d)
(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.
NR 115.04(3)(e)
(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 that flooding, dike and dam construction, and ditching shall be allowed for the purpose of growing and harvesting cranberries. The maintenance and repair of existing drainage systems (such as ditching and tiling) shall be permitted. The construction and maintenance of roads shall be permitted if the roads are necessary for agricultural cultivation, cannot as a practical matter be located outside the wetland, and are designed and constructed to minimize the adverse impact upon the natural functions of the wetland.
NR 115.04(3)(f)
(f) The construction and maintenance of duck blinds provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done.
NR 115.04(3)(g)
(g) The construction and maintenance of nonresidential structures, not to exceed 500 square feet, 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 if the structure cannot as a practical matter be located outside the wetland, provided that no filling, flooding, draining, dredging, ditching, tiling or excavating is done.
NR 115.04(3)(h)
(h) The construction and maintenance of piers, docks and walkways, including those built on pilings, provided that no filling, flooding, dredging, draining, ditching, tiling or excavating is done.
NR 115.04(3)(i)
(i) The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas, provided that no filling is done and that any private wildlife habitat area is used exclusively for that purpose. The owner or operator of a new private recreation or wildlife area to be located in a shoreland-wetland zoning district shall be required to notify the county zoning agency of the proposed project before beginning construction. Ditching, excavating, dredging, dike and dam construction shall be allowed in wildlife refuges, game preserves, and private wildlife habitat areas for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
NR 115.04(3)(j)
(j) The construction and maintenance of electric, gas, telephone water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, which cannot as a practical matter be located outside the wetland, provided that any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland.
NR 115.04 Note
Note: Major electrical generating facilities and high-voltage transmission lines that have obtained a certificate of public convenience and necessity under s.
196.491, Stats., are not subject to the requirements of local ordinances.
NR 115.04(3)(k)
(k) The construction and maintenance of railroad lines which cannot as a practical matter be located outside the wetland, provided that any filling, excavating, ditching or draining necessary for the construction or maintenance is done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland.
NR 115.04(3)(L)
(L) The maintenance, repair, replacement, and reconstruction of existing town and county highways and bridges.
NR 115.04(4)
(4) Prohibited uses in shoreland-wetland zoning districts. Any use not permitted in sub.
(3) is prohibited in a shoreland-wetland zoning district unless the wetland or portion thereof is rezoned by amendment of the county shoreland zoning ordinance in accordance with s.
59.69 (5) (e), Stats., and the procedures outlined in sub.
(2) (c).
NR 115.04 History
History: CR 05-058: cr.
Register January 2010 No. 649, eff. 2-1-10.
NR 115.05
NR 115.05
Minimum zoning standards for shorelands. NR 115.05(1)(1)
Establishment of shoreland zoning standards. The shoreland zoning ordinance adopted by each county shall control use of shorelands to afford the protection of water quality as specified in chs.
NR 102 and
103. At a minimum, the ordinance shall include all of the following provisions:
NR 115.05(1)(a)
(a) Minimum lot sizes. Minimum lot sizes in the shoreland area shall be established to afford protection against danger to health, safety and welfare, and protection against pollution of the adjacent body of water.
NR 115.05(1)(a)1.
1. `Sewered lots.' Lots served by public sanitary sewer shall have a minimum average width of 65 feet and a minimum area of 10,000 square feet.
NR 115.05(1)(a)2.
2. `Unsewered lots.' Lots not served by public sanitary sewer shall have a minimum average width of 100 feet and a minimum area of 20,000 square feet.
NR 115.05(1)(a)3.
3. `Substandard lots.' A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply:
NR 115.05 Note
Note: Effective April 17, 2012,
2011 Wisconsin Act 170 created s.
59.692 (2m), Stats., which prohibits a county from enacting, and a county, city, or village from enforcing, any provision in a county shoreland or subdivision ordinance that regulates the construction of a structure or building on a substandard lot if the provision is more restrictive than the standards for substandard lots under ch.
NR 115.
NR 115.05(1)(a)3.a.
a. The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel.
NR 115.05(1)(a)3.b.
b. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.
NR 115.05(1)(a)3.c.
c. The substandard lot or parcel is developed to comply with all other ordinance requirements.
NR 115.05(1)(a)4.
4. `Planned unit development.' A non-riparian lot may be created which does not meet the requirements of subd.
1. if the county has approved and recorded a plat or certified survey map including that lot within a planned unit development, if the planned unit development contains at least 2 acres or 200 feet of frontage, and if the reduced non-riparian lot sizes are allowed in exchange for larger shoreland buffers and setbacks on those lots adjacent to navigable waters that are proportional to and offset the impacts of the reduced lots on habitat, water quality and natural scenic beauty.
NR 115.05(1)(b)
(b) Building setbacks. Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.
NR 115.05(1)(b)1.
1. `Shoreland setback.' Except where exempt under subd.
1m., a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures. Where an existing development pattern exists, the shoreland setback for a proposed principal structure may be reduced to the average shoreland setback of the principal structure on each adjacent lot, but the shoreland setback may not be reduced to less than 35 feet from the ordinary high-water mark of any navigable waters.
NR 115.05 Note
Note: A property owner may seek a variance to a dimensional standard of the county ordinance and a county board of adjustment may review the request pursuant to s.
59.694 (7) (c), Stats.
NR 115.05(1)(b)1m.
1m. `Exempt structures.' All of the following structures are exempt from the shoreland setback standards in subd.
1.:
NR 115.05(1)(b)1m.a.
a. Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation.
NR 115.05 Note
Note: This chapter does not prohibit repair and maintenance of boathouses located above the ordinary high-water mark.
NR 115.05(1)(b)1m.b.
b. Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in s.
59.692 (1v), Stats.
NR 115.05(1)(b)1m.d.
d. Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are 2 meters or less in diameter.
NR 115.05(1)(b)1m.e.
e. Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with ch.
SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure.
NR 115.05(1)(b)1m.f.
f. Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60-inches in width.
NR 115.05(1)(b)2.
2. `Floodplain structures.' Buildings and structures to be constructed or placed in a flood plain shall be required to comply with any applicable flood plain zoning ordinance.
NR 115.05(1)(b)3.
3. `Boathouses.' The use of boathouses for human habitation and the construction or placing of boathouses beyond the ordinary high-water mark of any navigable waters shall be prohibited.
NR 115.05(1)(c)
(c) Vegetation. To protect natural scenic beauty, fish and wildlife habitat, and water quality, a county shall regulate removal of vegetation in shoreland areas, consistent with the following:
NR 115.05(1)(c)1.
1. The county shall establish ordinance standards that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients.
NR 115.05 Note
Note: In developing and applying ordinances which apply to shoreland areas, local units of government must consider other applicable law and programs affecting the lands to be regulated, e.g., law and management practices that apply to state and county forests and lands entered under forest cropland and managed forest land programs, and ss.
59.692 (2) (a) and
59.69 (4) (a), Stats.
NR 115.05(1)(c)2.
2. To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, the county ordinance shall designate land that extends from the ordinary high water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone except as follows:
NR 115.05(1)(c)2.b.
b. The county may allow removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors, provided that the combined width of all access and viewing corridors on a riparian lot or parcel may not exceed the lesser of 30 percent of the shoreline frontage or 200 feet.
NR 115.05(1)(c)2.c.
c. The county may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with “generally accepted forestry management practices" as defined in s.
NR 1.25 (2) (b), and described in Department publication “Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.
NR 115.05(1)(c)2.d.
d. The
coun
ty
may
allow
re
moval
of vegetation
within
the vegetative
buffer zone
to
manage
exotic
or inva
sive
species,
da
maged
vegetation,
vegetation
that
must
be re
moved
to control
disease,
or vegetation
creating
an im
minent
safety
hazard,
provided
that any
vegetation
re
moved
be replaced
by
replanting
in the
sa
me
area
as soon as practicable.
NR 115.05(1)(c)2.e.
e. The county may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this subd. par. shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.
NR 115.05(1)(d)
(d) Filling, grading, lagooning, dredging, ditching and excavating. Filling, grading, lagooning, dredging, ditching and excavating may be permitted only in accordance with the provisions of s.
NR 115.04, the requirements of ch.
30, Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.
NR 115.05(1)(e)
(e)
Impervious surfaces. Counties
shall
establish
i
mpervious
surface
standards
to protect water
quali
ty
and
fish
and wildlife
habitat
and
protect
against
pollution
of navigable
waters. Coun
ty i
mpervious
surface
standards
shall
require
all of the following:
NR 115.05(1)(e)1.
1. `Application.' I
mpervious
surface
standards
shall apply
to the
construction,
reconstruction, expansion,
replace
ment
or relocation
of a
ny
i
mpervious
surface
that
is or will
be located
within 300
feet
of the
ordinary
high water
mark of any
navigable
waterway
on a
ny
of the
following:
NR 115.05(1)(e)1.b.
b. A nonriparian
lot or parcel
that is located
entire
ly
within 300 feet
of the ordinary
high
-water
mark of any
navigable
waterw
ay
NR 115.05(1)(e)1m.
1m. `Calculation.' Percentage
of i
mpervious
surface
shall be calculated
by
dividing
the
surface area
of the existing
and proposed
i
mpervious
surfaces
on the
lot or parcel
by
the total surface
area
of that lot or parcel,
and
multipl
ying
by
100. For the purposes
of this subdivision
counties
may
exclude i
mpervious
surfaces
described
in subd.
3m. If an outlot lies between
the ordinary
high water
mark and
the developable
lot or parcel
described
in subd.
1. and both
are in com
mon
ownership,
the
lot or parcel
and
the outlot
shall
be considered
one lot or parcel
for the
purposes
of cal
culating
the
percentage of i
mpervious
surfaces.
NR 115.05(1)(e)2.
2. `General
standard.'
Except
as allowed
in subds.
2m. to
4., a coun
ty
may
allow
up to 15% i
mpervious
surface
as cal
culated
under
subd. 1m on a lot or parcel
described
in
subd.
1. NR 115.05(1)(e)2m.
2m. `Standard
for high
ly
developed
shorelines.' At its discretion,
a
coun
ty
may
adopt
an ordinance
for highly
developed
shorelines
that allows i
mpervious
surface
as calculated
under
subd. 1m on lots or parcels
described
in subd. 1 as follows:
up to 30%
for residential
land uses or up to 40%
for com
mercial,
industrial
or business
land
uses.
NR 115.05(1)(e)2m.a.
a. A “high
ly
developed
shoreline"
means
a shoreline
within an area identified
as an Urbanized Area or Urban Cluster
in the
2010
US
Census
or a shoreline
that has a com
mercial,
industrial
or bu
siness land
use as of Janua
ry
31, 2013.
NR 115.05(1)(e)2m.b.
b. A coun
ty
may
establish,
after
conducting
a hearing
and
receiving
approval
by
the
depart
ment, a
map
of additional
areas
of high
ly
developed
shorelines
not included
in subd.
2m. a. NR 115.05(1)(e)2m.c.
c. An additional
area
of high
ly
developed
shoreline
under
subd.
2m. b., shall in
clude
at least
500 feet
of shoreline
and as of February
1, 2010,
have
either
a
majority
of its lots developed
with
more
than 30%
i
mpervious
surface
area
as calculated
under
subd.
1m. or be located
on a la
ke
and
served
by
a sewerage
system as defined
in s.
NR 110.03 (30). To obtain approval
from the
depart
ment
for an additional
area,
the
county
shall
provide
data
to the depart
ment
that
establishes
that
the
additional area
meets
the
criteria
under
this subd.
2m. c. NR 115.05(1)(e)3.
3. `Maximum
i
mpervious
surface.'
A county
may
allow
a property
owner
to exceed
the i
mpervious surface
standard
under
subds.
2. and
2m. provided
that
all of the following
require
ments
are
met:
NR 115.05(1)(e)3.a.
a. For lots or parcels
described
under
subd.
1. that exceed
the i
mpervious
surface
standard
under subd.
2. and
are not located
within
a high
ly
developed
shoreline
as defined
in subd.
2m.,
a coun
ty
may allow
more
than 15% i
mpervious
surface
but not
more
than 30% i
mpervious
surface
as calculated
under subd.
1m on the
lot or parcel.
NR 115.05(1)(e)3.b.
b. For lots or parcels
described
under
subd.
1. and lo
cated
within an area defined
by
coun
ty ordinance
as a high
ly
developed
shoreline
under
subd.
2m.,
a county
may
allow
more
than
30% i
mpervious
surface
but not
more
than
40% i
mpervious
surface
as calculated
under subd. 1m on the
lot or parcel
for properties
that have a residential
land use, or
more
than 40% i
mpervious
surface
but
not
more than 60% i
mpervious
surface
as calculated
under
subd.
1m. for properties
that
have a com
mercial, industrial
or business
land use.
NR 115.05(1)(e)3.c.
c. For lots or parcels
described
under
subd. 1 that exceed
the i
mpervious
surface
standard
under subds.
2. and
2m.,
but
do not
exceed
the
maxi
mum
impervious
surface
standard
under
subd.
3. a. or
b., the
county
shall issue
a per
mit
that
requires
a
mitigation
plan approved
by
the coun
ty
and i
mple
mented
by
the property
owner
by
the
date specified
in the
per
mit. The
mitigation
plan shall include enforceable
obligations
of the
proper
ty
owner
to establish
or
maintain
measures
that
the
coun
ty deter
mines
adequate
to offset
the i
mpacts
of the
i
mpervious
surface
on water
qualit
y,
near-shore
aquatic habitat,
upland
wildlife
habitat
and
natural
scenic
beaut
y. The
mitigation
measures
shall be proportional to the
a
mount
and i
mpacts
of the
i
mpervious
surface
being
per
mitted.
The obligations
of the proper
ty owner
under
the
mitigation
plan
shall be evidenced
by
an instru
ment
recorded
in the
office
of the
coun
ty register
of deeds.
NR 115.05(1)(e)3m.
3m. `Treated
i
mpervious
surfaces.'
A coun
ty
may
exclude
from the
calculation
under
subdivision 1
m.,
any
i
mpervious
surface
where the property
owner can
show
that runoff from the
i
mpervious
surface is treated
by
devices
such as stor
mwater
ponds,
constructed
wetlands,
infiltration
basins,
rain gardens, bio
swales
or other
engineered
syste
ms,
or that
the
runoff discharges
to internally
drained
pervious
area that
retains
the
runoff on the
parcel
to allow
infiltration
into the soil.
NR 115.05 Note
Note: A property owner may seek a variance to a dimensional standard of the county ordinance, for areas that e
xceed the ma
ximum impervious surface standard in subd. 3. and do not meet the provisions in subd. 3m. A county board of adjustment must review the request pursuant to s.
59.694 (7) (c), Stats., and applicable case law.
NR 115.05 Note
Note: Nothing in this paragraph shall be construed to supersede the setback provisions in par. (b). New structures must meet all setback provisions in the county shoreland ordinance unless the property owner obtains a variance from the County Board of Adjustment.
NR 115.05(1)(e)4.
4. `Existing
i
mpervious
surfaces.'
For e
xisting
i
mpervious
surfaces
that were lawful
ly
placed when constructed
but
that
do not co
mply
with the
standards
in subds.
2. and
3., the
property
owner
may
do a
ny of the
following
as long
as the
proper
ty
owner
does not increase
the percentage
of i
mpervious
surface that existed
on the effective
date of the
coun
ty
shoreland
ordinance:
NR 115.05(1)(e)4.b.
b. Replace
e
xisting
i
mpervious
surfaces
with si
milar
surfaces
within the existing
building
envelope.
NR 115.05(1)(e)4.c.
c. Relocate
or
modi
fy
existing
i
mpervious
surfaces
with si
milar
or different
i
mpervious
surfaces, provided
that
the
relocation
or
modification
meets
the applicable
setback
require
ments
in par.
(b).
NR 115.05 Note
Note: For example this provision would allow an existing at-grade patio to be removed and replaced with a new building, if the new building meets the shoreland setback requirements.
NR 115.05 Note
Note: Nothing in this paragraph shall be construed to supersede other provisions in county shoreland ordinances.
NR 115.05(1)(f)
(f) Height. To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, a county may not permit any construction that results in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.
NR 115.05(1)(g)1.1. `General rule for nonconforming uses.' Pursuant to ss.
59.69 (10) and
59.692 (2) (a), Stats., an ordinance enacted under those provisions may not prohibit the continuation of the lawful use of a building, structure or property, that exists when an ordinance or ordinance amendment takes effect, which is not in conformity with the provisions of the ordinance or amendment.
NR 115.05(1)(g)2.
2. `Nonconforming use of temporary structure.' The continuance of the nonconforming use of a temporary structure may be prohibited.
