Chapter A43

 

 

COUNTY SHORELAND 

 

 

14.500 Zoning Standards for Use of Shorelands Along Navigable Waters

 

14.501 The Shoreland Standards Apply to the Following Lands

 

1.         All lands in unincorporated parts of Oconto County within one thousand (1,000) feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in Oconto County shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication - "Surface Water Resources of Oconto County" or are shown on the United States Geological Survey quadrangle maps or other zoning base maps which are hereby incorporated by reference and made a part of this ordinance. If evidence to the contrary is presented, the county Zoning Administrator shall make the initial determination whether or not the lake, pond or flowage in question is navigable under the laws of this state. The county Zoning Administrator shall also make the initial determination of the location of the ordinary high water mark. When questions arise, the county zoning administrator shall contact the appropriate district DNR office for a determination of navigability or ordinary high water mark. (amended 12-17-98)

 

2.         Within three hundred (300) feet of the ordinary high water mark of all navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams in Oconto County 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 are hereby incorporated by reference and made a part of this ordinance. If evidence to the contrary is presented, the county Zoning Administrator shall make the initial determination whether or not the river or stream in question is navigable under the laws of the state. The county Zoning Administrator shall also make the initial determination of the location of the ordinary high water mark. When questions arise, the county Zoning Administrator shall contact the appropriate district DNR office for a determination of navigability or ordinary high water mark. Flood Hazard Boundary Maps and the existing county zoning maps shall be used to determine the extent of the floodplain or navigable rivers or streams in Oconto County.

 

3.         Under Section 281.31(2)(d), Wisconsin Statutes, notwithstanding any other provision of law or administrative rule promulgated thereunder, this Shoreland section does not apply to lands adjacent to farm drainage ditches if:

 

a.         Such lands are not adjacent to a natural navigable stream or river; and (amended 12-17-98)

 

b.         Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

 

c.         Such lands are maintained in non-structural agricultural use.

 

 

14.502 County Jurisdiction, Other Jurisdiction

 

1.         The regulatory jurisdiction of Oconto County for shoreland protection purposes commences at the ordinary high water mark of navigable waters. Jurisdiction is vested in the State of Wisconsin, Department of Natural Resources, for activities which involve the bed of navigable water bodies or which involve the use or occupancy of waters themselves. The regulatory jurisdiction of the State of Wisconsin, Department of Natural Resources, or of other state agencies or of the federal government may extend above the ordinary high water mark. Activities such as beach building and maintenance, the construction or maintenance of shoreline retaining walls, sea walls and shoreline protection structures and activities, piers, docks, boathouses, etc., may involve overlapping jurisdictions of Oconto County and of state and federal agencies.

 

2.         Permits authorized by Oconto County for work within shorelands may need to be supplemented with permits or approvals granted by the State of Wisconsin under chapter 30 of the Wisconsin Statutes or other applicable state regulations or by the federal government. Oconto County may delay processing of permits or approvals until all other permits are obtained if required to do so by state or federal agencies, or where doing so will give the county information that will be useful and necessary In applying county standards.

 

3.         Copies of all notices of public hearings and copies of all final decisions regarding conditional uses, variances, appeals for map or text interpretations and map or text amendments involving lands within the shoreland jurisdiction shall be transmitted to the appropriate officials of the Wisconsin Department of Natural Resources. Hearing notices shall be sent at least 10 days prior to the hearings; decision notices shall be sent within 10 days after the decision is filed. (amended 1-19-95)

 

4.         State agencies regulated - Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if section 13.48 (13) Wisconsin Statutes applies. The construction, re-construction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when section 30.12 (4) (a), Wisconsin Statutes applies.

 

 

14.503 The Regulatory Concerns and Objectives of Oconto County in Applying Zoning Standards for use of Shorelands on Navigable Waters

 

1.         Further the maintenance of safe and healthful conditions and prevent and control water pollution through:

 

a.         Limiting structures to those areas where soil and geological conditions will provide a safe foundation.

 

b.         Establishing minimum lot sizes to provide adequate area for private sewage disposal facilities.

 

c.         Controlling filling and grading to prevent serious erosion problems.

 

2.         Protect spawning grounds, fish and aquatic life through:

 

a.         Preserving wetlands and other fish and aquatic habitat.

 

b.         Regulating pollution sources.

 

c.         Controlling shoreline alterations, dredging and lagooning.

 

3.         Control building sites, placement of structures and land uses through:

 

a.         Separating conflicting land uses.

 

b.         Prohibiting certain uses detrimental to the shoreland area.

 

c.         Setting minimum lot sizes and widths.

 

d.         Regulating side yards and building setbacks from waterways.

 

4.         Preserve shore cover and natural beauty through:

 

a.         Restricting the removal of natural shoreland cover.

 

b.         Preventing shoreline encroachment by structures.

 

c.         Controlling shoreland excavation and other earth moving activities.

 

d.         Regulating the use and placement of boathouses and other structures.

 

 

14.504 Minimum Parcel Sizes

 

The following minimum lot sizes are established within the shoreland jurisdiction unless larger parcels are required by applicable zoning or subdivision standards. (amended 6-18-98)

 

1.         Lots served by public sanitary sewers shall have 66 feet at the building line, 66 feet of road frontage measured at right angles at the right-of-way, and 100 feet at the ordinary high water mark. These lots shall have a minimum area of 10,000 square feet.

 

2.         Lots not served by public sanitary sewers shall have 100 feet at the building line, 100 feet of road frontage measure at right angles at the right-of-way, and 100 feet at the ordinary high water mark. These lots shall have a minimum area of 20,000 square feet. (amended 1-19-95)

 

 

14.505 Setbacks of Buildings and Structures from the Water

 

1.         Basic setback rule: No building or structure, except as provided in section 14.410 3. or section 14.502 2. shall be located closer than 75 feet from the ordinary high-water mark. (amended 4-17-90)

 

2.         Averaging to reflect existing development patterns - The basic setback rule of 75 feet may be subject to modification to reflect existing development patterns as provided in section 14.410 4.

 

3.         Special regulations for boathouses, marinas, boat liveries or similar structures. A county zoning permit shall be required for these structures and the following standards shall apply: (amended 4-17-90)

 

a.         All structures and uses shall comply with the standards of Chapter 30, Wisconsin Statutes and of other state and federal laws or regulations, where applicable.

 

b.         No structure shall be allowed to impede the free movement of water or to cause formation of land upon the bed of a water body.

 

c.         Erosion, sedimentation or impairment of fish or wildlife habitat shall be prevented.

 

d.         All structures and activities shall be designed, constructed and located so as to preserve natural beauty of the shoreland area.

 

e.         Boathouses: Boathouses shall not exceed 12 feet wide, 24 feet long and 10 feet in height or extend closer than 3 feet to the ordinary high-watermark. Boathouses roofs shall not be used as a deck. Boathouse shall not include plumbing or sanitary fixtures, patio doors or any similar feature, and shall not be used for human habitation.

 

f.          Marinas and boat liveries shall be located a distance greater than 500 feet from public bathing beaches, parks or boat access points. They shall be designed and constructed so as not to interfere with the adjacent riparian owners uses of the water for swimming, fishing or boating; nor interfere or obstruct with the public's free navigation. Fueling pumps and tanks shall be located a minimum of 2 feet above the ordinary high-water mark, and no fuel hose shall extend beyond a point necessary to fuel boats at the closest proximity to land. Marinas shall be equipped with facilities for the disposition of domestic waste from boats. Holding tanks shall be located above the ordinary high-water mark and in accordance with the Sanitary Code. Adequate parking areas shall be provided. No building or structure shall be located closer than 50 feet from the lot line of an adjoining residential parcel, or 75 feet from the ordinary high water mark. Minimum lot width at the waters edge shall be 125 feet.

 

g.         Satellite dishes are defined as a structure and shall comply with this section and section 14.3003 6.(a)(1)(a).

14.506 Alteration of Surface Vegetation

 

Cutting of trees and shrubbery within the shoreland area shall be regulated as follows to protect the natural beauty, control erosion and reduce the flow of effluents, sediments and nutrients into the waters: (amended 5-15-97)

 

1.         In a strip of land 35 feet wide inland from the ordinary high-water mark, no more than 30 feet in any 100 feet of frontage may be clear-cut. In the remaining 70% of the length of this strip, selective cutting only shall be permitted. Such cutting shall leave sufficient trees and other vegetation so as to: (amended 12-17-98)

 

a.         Screen uses of the landward side of the strip as seen from the water; and

 

b.         Maintain shore or channel bank stabilization; and

 

c.         Retard the flow of pollutants from shorelands; and

 

d.         Protect aesthetic values.

 

2.         In shoreland areas located more than 35 feet inland from the ordinary high-water mark, tree and shrub cutting shall be governed by consideration of the effect on water quality, natural beauty, consideration of attend forestry practices and soil conservation practices. The tree and shrubbery cutting regulations required by this ordinance shall not apply to the removal of dead, diseased or dying trees or shrubs. Slash material shall be disposed of lawfully.

 

 

14.507 Land Surface Alterations

 

1.         Filling, grading or excavating - A grading permit shall be required prior to any filing, excavating, grading or similar alteration of the existing surface contours of any shoreland area:

 

a.         For any filling or grading of any area which is in the shoreland jurisdiction which has surface drainage toward the water and on which there is either: (amended 5-15-97)

 

(1)        Filling or grading where a single area of more than 500 square feet is exposed or where the cumulative exposed area exceeds 1000 square feet.

 

(2)        Any filling or grading on slopes of 20% or more.

 

b.         Any activities that involve lands other than wetlands shall be governed by the following standard:

 

(1)        Applications shall be denied if the activity threatens to cause unreasonable erosion, sedimentation or disruption of fish or wildlife habitat and any permits that are granted shall be conditioned with standards designed to prevent such problems from arising.

 

2.         A conditional use permit shall be required prior to filling, excavating, grading or similar alterations of the existing surface contours of any shoreland area in excess of 10,000 square feet.

 

3.         A conditional use permit is not required to install paving when such paving is otherwise allowable under this ordinance provided that the activity is conducted and the paved area is designed as to minimize erosion, sedimentation or transport of pollutants or nutrients into the water.

 

4.         Land surface alteration in the Conservancy District must be consistent with section 14.2100 of this ordinance.

 

5.         In addition to 1-4 above, all activity under these provisions shall be subject to Ch. NR 102 Water Quality Standards for Wisconsin Surface Waters and Ch. NR 103 Water Quality Standards for Wetlands. (added 5-20-93)

 

 

14.508 Work with Respect to Waterways

 

1.         A conditional use permit shall be required to undertake any of the following activities within the shoreland jurisdiction:

 

a.         To construct an artificial waterway, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other body of navigable water; or (amended 5-20-93; 7-22-99)

 

b.         To connect any unnatural or artificially constructed waterway, canal, channel, ditch, lagoon, pond, lake or other similar waterway with an existing body of navigable water; or

 

c.         To initiate any lagooning, dredging or ditching to create channels, lagoons, ponds or to channelize or alter the channel or any surface water body, whether or not navigable.

 

2.         Decisions on such permits shall be governed by the requirements of Chapter 30, Wisconsin Statutes, section 14.1900 of this ordinance, other applicable state and federal laws, and upon whether the activity can be conducted so as to prevent unreasonable erosion, sedimentation or impairment of fish or wildlife habitat.

 

3.         Provided, however a conditional use permit shall not be required for the construction or repair of public roads, flood control structures, or for conservation practices such as terracing, the installation of diversions, grass waterways, sub-surface drainage, non-navigable drainage ditches, stream stabilization by rip-rapping or vegetative cover or docks accessory to private dwellings except that they must meet the general requirements of this section.

 

4.         In addition to 1-3 above, all activity under these provisions shall be subject to Ch. NR 102 Water Quality Standards for Wisconsin Surface Waters and Ch. NR 143 Water Quality Standards for Wetlands. (added 5-20-93)

 

 

14.509 Other Shoreland Provisions

 

1.         No landfill, junk or salvage yard may be established within the shoreland jurisdiction. Pre-existing facilities may not be extended or enlarged.

 

2.         Buildings, pens and structures used for housing, sheltering or feeding of livestock shall be located, designed and constructed so as to prevent animal wastes form entering waters and located not less than 100 feet from the ordinary high-water mark.

 

3.         The installation or alteration of on-site waste disposal facilities within the shoreland area shall be governed by the rules and regulations of the Oconto County Sanitary Ordinance and the state regulations promulgated under Chapter 145, Wisconsin Statutes.

 

4.         The dumping or disposal of any materials that are toxic or that would in any manner create a health hazard or nuisance or would harm public rights in navigable waters including surface irrigation, lagooning or burial of sewage or similar waste materials is prohibited within the shoreland jurisdiction. This provision does not apply to spreading of fertilizer, manure or farm chemicals to the land, provided careful practices are employed.

 

5.         No signs or commercial advertising shall hereinafter be erected so as to be visible from the water except intermittent streams mapped on the U.S.G.S. Topographic maps. (amended 12-17-98)

 

 

14.510 Non-Conforming Structures in the Shoreland Zone (added 6-18-98)

 

1.         As required by Wis. Stats., where a building or structure violates only the dimensional or use standards of the shoreland portion of this ordinance and does not violate any other provisions of this ordinance, and the violating building or structure has been in place more than ten years before an enforcement action is initiated, such building or structure shall be treated as a legal nonconforming structure. All provisions of Section 14.408 of this ordinance shall apply to such nonconforming buildings or structures. Any property owner asserting as a defense to a charge of violating this ordinance that the alleged violation has been in place more than ten years before enforcement action was initiated has the burden of proving that: (amended 12-20-01)

 

a.         The building, structure or use that is in violation has been in place more than ten years before enforcement action was initiated;

 

b.         The building or structure (and its use, if the use is nonconforming) has remained essentially unchanged for at least ten years;

 

c.         The use of the building or structure has been active and continual for ten years or more. If the use was discontinued for more than twelve months, that use shall not be considered active and continual.

 

2.         As required by Wis. Stats., if a landowner can establish that a nonconforming structure that violates only the dimensional or use standards of the shoreland portion of this ordinance and does not violate any other provisions of this ordinance has been destroyed or damaged after October 14, 1997 by violent wind, fire, flood or vandalism, the structure may be reconstructed or repaired to the size, location and use it had immediately before the damage occurred, subject to the following conditions: (amended 12-20-01)

 

a.         The structure that is destroyed or damaged due to a deliberate act by the landowner or by his or her agent, or due to general deterioration or dilapidated condition, may not be reconstructed or repaired, except in conformance with the standards of this ordinance.

 

b.         Except as provided in Wis. Stats., nonconforming buildings that are subject to regulation under a floodplain zoning ordinance may not be reconstructed or repaired except in compliance with the floodplain portion of this ordinance.

 

c.         A plan to mitigate the adverse effects of nonconformity shall be developed and submitted prior to repair or reconstruction of any destroyed or damaged nonconforming structure. The plan shall be approved by the Zoning Administrator prior to the issuance of a zoning permit. The plan shall include an implementation schedule and shall comply with the following requirements:

 

(1)        The nonconforming structures sanitary system, if any, shall be brought up to current standards for new construction.

 

(2)        A buffer of native vegetation shall be planted or restored to the extent possible beginning at the ordinary high water mark and continuing for a distance of 35 feet inland. To the extent possible, such buffer shall comply with current Wisconsin Forestry Best Management Practices for Water Quality, shall provide effective, permanent erosion and sediment control and shall, within five years, provide at least 75% visual screening of the nonconforming structure, as seen from the water.

 

(3)        Stormwater and runoff shall be controlled in compliance with the current version of The Wisconsin Stormwater Manual.

 

(4)        Exterior building materials shall be colored as to make the structure visually inconspicuous.

 

(5)        Any grading, filling or dredging associated with reconstruction or repair must comply with Section 14.507 of this ordinance. Excess fill, rock or materials associated with reconstruction or repair shall be removed from the site.

 

(6)        Any construction activities, including mitigation activities required by this section, shall comply with all applicable standards of the current version of the Wisconsin Construction Site Best Management Practice Handbook.

 

d.         The landowner shall bear the burden of proof as to the size, location or use a destroyed or damaged nonconforming structure had immediately before the destruction or damage occurred.

 

e.         Repairs are authorized under this provision only to the extent that they are necessary to repair the specific damage caused by violent wind, vandalism, fire or flood, and only that portion of the nonconforming structure that has been destroyed may be reconstructed.

 

 

14.511 Minor Structures in the Shoreland Zone

 

As required by Wis. Stats., special zoning permission for the construction or placement of a structure in the shoreland setback area can be granted if the following conditions are met: (added 6-22-00)

 

1.         The structure is located at least 35 feet from the ordinary high water mark.

 

2.         The total floor area of all the structures in the shoreland setback area of the property will not exceed 200 square feet.

 

3.         The structure has open or screened sides.

 

4.         A plan to mitigate the adverse effects of the structure has been developed and approved by the Zoning Administrator prior to the issuance of the zoning permit. The plan shall include an implementation schedule and shall comply with the following requirements:

 

a.         A buffer of native vegetation shall be planted or restored to the extent possible beginning at the ordinary high water mark and continuing for a distance of 35 feet inland. To the extent possible, such buffer shall comply with current Wisconsin Forestry Best Management Practices for Water Quality, shall provide effective, permanent erosion and sediment control and shall, within five years, provide at least 70% visual screening of the lot.

 

b.         Stormwater and runoff shall be controlled in compliance with the current version of The Wisconsin Stormwater Manual.

 

c.         Exterior building materials shall be colored as to make the structure visually inconspicuous.

 

d.         Any grading, filling or dredging must comply with Section 14.507 of this ordinance. Excess fill, rock or materials associated with the construction shall be removed from the site.

 

e.         Any construction activities, including mitigation activities required by this section, shall comply with all applicable standards of the current version of the Wisconsin Construction Site Best Management Practice Handbook.