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by Chapter of Revised Municipal Code
Go to Index of All Ordinances
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.
Chapter
23 - Zoning Code
Section 23.08A - Shoreland - Wetland
23.08 A. Shoreland-Wetland Ordinance
1.0 Statutory Authorization, Finding Of Fact, Statement
Of Purpose, Title And General Provisions
1.1 Statutory Authorization
1.2 Finding of Fact
1.3 Purpose
1.4 Title
2.0 General Provisions
2.1 Compliance - Other Permits
2.2 Municipalities and State Agencies Regulated
2.3 Abrogation and Greater Restrictions
2.4 Interpretation
2.5 Severability
2.6 Warning and Disclaimer of Liability
2.7 Zoning Maps
3.0 Shoreland-Wetland Zoning District
3.1 District Boundaries
3.2 Permitted Uses
3.3 Prohibited Uses
3.4 Rezoning
1.0 Statutory Authorization, Findings of Fact, Statement of Purpose and Title.
1.1 Statutory Authorization. This ordinance is adopted pursuant to the authorization in ss. 62.23 and 62.231 for
cities; and ss. 87.30 and 281.31, Wis. Stats.
1.2 Findings of Fact. Uncontrolled development and use of the shoreland-wetlands, floodplains, rivers and streams,
and the pollution of the navigable waters of this municipality would adversely affect the public health, safety,
convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility
to all municipalities to further the maintenance of safe and healthful conditions; prevent and control water pollution;
protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses;
and preserve shore cover and natural beauty. The governing body does ordain:
1.3 Purpose. To promote the public health, safety, convenience and general welfare, and protect life, health and
property, this ordinance has been established to:
1) maintain the storm and flood water storage capacity of wetlands;
2) prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
3) protect fish spawning grounds, fish, aquatic life and wildlife by preserving wetlands and other fish and aquatic habitat;
4) prohibit certain uses detrimental to the shoreland-wetland area;
5) preserve shore cover and natural beauty by restricting shoreland-wetland excavation, filling and other earth moving activities;
6) minimize expenditures of public monies for costly flood control projects;
7) reduce rescue and relief efforts, generally undertaken at the expense of the tax paying public;
8) prevent business interruptions which usually result in the loss of local incomes;
9) reduce damage to public facilities such as utilities, municipal buildings, streets and bridges which may be located in the floodplains;
10) prevent the occurrence of future flood blight areas on floodplains; and
11) discourage the victimization of unwary land and home buyers;
12) prevent increases in regional flood heights which could increase damage during floods and may result in conflicts or litigation between property owners.
1.4 Title. This ordinance shall be known as the
Floodplain and Shoreland-Wetland Zoning Ordinance for Stevens Point.
2.0 General Provisions
2.1 Compliance - Other Permits. Any development, as defined in s. 9.2, in floodplains and shorelands shall be in
full compliance with the terms of this ordinance. (However, see s. 5.0 of this ordinance for the standards applicable
to nonconforming uses.) It is the responsibility of the applicant to secure all other necessary permits from appropriate
federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under Section
404 of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1334.
2.2 Municipalities and 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 s. 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state
highways and bridges by the Wisconsin Department of Transportation are exempt when s. 30.12(4)(a), Wis. Stats.,
applies.
2.3 Abrogation and Greater Restrictions.
(1) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 62.23 for cities or 61.35 for villages or 87.30 Wis. Stats., which related to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than the provisions contained in this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. The more restrictive of either the Shoreland-Wetland District or Floodplain District regulations shall apply when a property is located in both zoning districts.
(2) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.
2.4 Interpretation. In their interpretation and
application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed
in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the
Wisconsin Statutes. Where a provision of this ordinance is required by a standard in chs. NR 116 or NR 117, Wis.
Adm. Code, and where the ordinance provision is unclear, the provisions shall be interpreted in light of the chs.
NR 116 or NR 117 standards in effect on the date of the adoption of this ordinance or in effect on the date of
the most recent text amendment to this ordinance.
2.5 Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent
jurisdiction the remainder of this ordinance shall not be affected.
2.6 Warning and Disclaimer of Liability. The degree of flood protection provided by this ordinance is based on
engineering experience and scientific methods of study. Larger floods may occur or the flood height may be increased
by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this ordinance
does not imply that areas outside of the delineated floodplain or permitted land uses within the floodplain will
be totally free from flooding and associated flood damages. Nor does this ordinance create liability on the part
of, or a cause of action against, the municipality of any officer or employee thereof for any flood damage that
may result from reliance on this ordinance.
2.7 Zoning Maps. The maps designated below are hereby adopted and made part of this ordinance. They are on file
in the office of Community Development.
(1) United States Geological Survey Quadrangle Maps revised and dated 1978.
(2) Wisconsin Wetland Inventory maps stamped "FINAL" on August 27, 1986.
(3) Floodplain zoning maps titled Flood Boundary and Floodway Maps and dated June 1, 1983 including the Flood Insurance Study and corresponding profiles from Federal Emergency Management ASS dated Dec.1, 1982.
(4) Comprehensive Zoning Base Maps titled Official Zoning Maps and dated February 19, 1979.
3.0 Shoreland-Wetland Zoning District
3.1 District Boundaries of Shoreland-Wetlands
(1) The shoreland-wetland zoning district includes all wetlands in the municipality which (are five acres or more in size and) are shown on the final Wetland Inventory Map that has been adopted and made a part of this ordinance in s. 2.7 and which are:
(a) Within one thousand (1,000) feet of the ordinance highwater mark of navigable lakes, ponds, or flowages.
(b) Within three hundred (300) feet of the ordinary highwater mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater.(2) Determinations of navigability and ordinary highway mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary highway mark
(3) Under s. 281.31, Wis. Stats., notwithstanding any other provision of law or administrative rule wetland zoning ordinances required under Wis. Stats., ss. 62.231 for cities and ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if;
(a) Such lands are not adjacent to a natural navigable stream or river;
(b) Those parts of the drainage ditches adjacent to such lands were not navigable streams before ditching; and
(c) Such lands are maintained in nonstructural agricultural use.
3.2 Permitted Uses in Shoreland-Wetlands. The following uses are permitted subject to the provisions of chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
(1) Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
(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;
(c) The practice of silviculture, including the planting, thinning and harvesting of timber;
(d) The pasturing of livestock;
(e) The cultivation of agricultural crops;
(f) The construction and maintenance of duck blinds.(2) Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
(a) The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
(b) The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
(c) The maintenance and repair of existing drainage systems, where permissible under s. 30.20, Wis. Stats., 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., Wis. Stats., and that dredged spoil is placed on existing spoil banks where possible;
(d) The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
(e) The construction and maintenance of piers, docks and walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
(f) 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 shore-wetland listed in s. 3.4(1) of this ordinance;
(g) The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.(3) Uses which are allowed upon the issuance of a Zoning permit and which may include wetland alterations only to the extent specifically provided below:
(a) The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under s. 3.2, provided:
1. The road cannot, as a practical matter, be located outside the wetland;
2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed in s. 3.4(1) of this ordinance;
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 wetland alteration must be necessary for the construction or maintenance of the road.(b) The construction and maintenance of nonresidential buildings provided that:
1. The building is used solely in conjunction with a use permitted in the shoreland-wetland district or for the raising of waterfowl, minnows, or other wetland or aquatic animals;
2. The building cannot, as a practical matter, be located outside the wetland;
3. The building does not exceed 500 square feet in floor area; and
4. Only limited filling and excavating necessary to provide structural support for the building is allowed.(c) 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 bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
1. Any private development allowed under this paragraph shall be used exclusively for the permitted purpose;
2. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;
3. The construction and maintenance of roads necessary for the uses permitted under this paragraph are allowed only where such construction and maintenance meets the criteria in s. 3.2(3)a;
4. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.(d) The construction and maintenance of electric and telephone transmission lines and water, gas and sewer lines, and related facilities and the construction and maintenance of railroad lines provided that:
1. The transmission and distribution lines and related facilities and railroad lines cannot, as a practical matter, be located outside the wetlands;
2. Only limited filling or excavating necessary for such construction or maintenance is allowed; and
3. Such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed in s. 3.4(1).
3.3 Prohibited Uses in Shoreland-Wetlands
(1) Any use not listed in s. 3.2 is prohibited unless the wetland or a portion of the wetland has been rezoned by amendment of this ordinance in accordance with ss. 3.4 and 7.0.
(2) the use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary highwater mark of any navigable waters are prohibited.
3.4 Rezoning Shoreland-Wetlands
(1) Rezoning of a shoreland-wetland shall require amendment of the Final Wisconsin Wetland Inventory map adopted in s. 2.7 of this ordinance pursuant to procedures established in s. 7.0. In order to insure that any amendment will be consistent with the shoreland protection objectives of s. 144.26, Stats., the municipality shall not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following:
(a) storm and flood water storage capacity;
(b) maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater through a wetland;
(c) filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(d) shoreline protection against soil erosion;
(e) fish spawning, breeding, nursery or feeding grounds;
(f) wildlife habitat; or
(g) areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.(2) Upon notification of a proposed amendment has required by s. 7.0, if the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in s. 3.4(1) of this ordinance, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(3) If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in s. 3.4(1), that proposed amendment, if approved by the municipality shall not become effective until more than 30 days have elapsed since written notice of the council or board approval was mailed to the Department, as required by s. 7.0. If within the 30 day period, the Department notifies the council or board that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality under ss. 62.231(6) or 61.351(6), Wis. Stats., the proposed amendment shall not become effective until that ordinance adoption procedure is completed or otherwise terminated. The record of the council or board decision on the proposed amendment shall advise the petitioner of the provisions of this section.
Index for this Chapter
The ordinances reproduced on this website are
derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens
Point, but are unofficial. The ordinances on this web site cannot be certified under
s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables
and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included
in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City
of Stevens Point, available in the City
Clerk's Office, for the official text.