April Dane County Code of Ordinances

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cgs _=.-...-. -'-.-37. .r._.�..�-'.a_.�Tr _ ` . '1108 3 intro• =11:10(5) -_ preserves _and • private wildlife habitat areas, (2) A wetland, or a -portion thereof, -in the provided that: shoreland-wetland or inland-wetland district shall (a) Any private recreation or wildlife habitat not be rezoned if the proposed rezoning may result area must be used exclusively for that purpose; 'in a significant adverse impact upon any of the (b) No filling is to be done; and following: (c) Ditching, excavating, dredging,- dike and (a) Storm and flood water storage capacity; dam construction may be done in wildlife refuges, (b) Maintenance of dry season stream flow, the game preserves and private wildlife habitat areas, discharge of groundwater to a wetland, the . but only for the purpose of improving wildlife recharge of groundwater from a wetland to another habitat or otherwise enhancing wetland values. area, or the flow of groundwater through a (4) The construction and maintenance of wetland; electric, gas, telephone, water and sewer (c) Filtering or storage of sediments, nutrients, - transmission and distribution lines, and related heavy metals or organic compounds that would • facilities, by public utilities and cooperative otherwise drain into navigable waters; associations organized for the purpose of (d) Shoreline protection against soil erosion; producing or furnishing heat, light, power or water (e) Fish spawning, breeding, nursery or feeding to their members, provided that: grounds; (a) The transmission and distribution lines and (f) Wildlife habitat; or related facilities cannot as a practical matter be (g) Areas of special recreational, scenic or located outside the wetland;and scientific interest, including scarce wetland types. (b) Any filling, excavating, ditching or draining (3) For all proposed text and map amendments to that is to be done must be necessary for such the shoreland-wetland district, involving an area of construction or maintenance and must be done in five acres or more in size, the appropriate district a manner designed to minimize flooding and other office of the department of natural resources shall adverse impacts upon the natural functions of the be provided with the following: wetlands. (a) A copy of every petition for a text or map (5) The construction and maintenance of amendment to the shoreland-wetland district. railroad lines, provided that: within 5 days of the filing of such petition with the (a) The railroad lines cannot as a practical county clerk; - matter be located outside the wetland; and (b) Written notice of the public hearing to be (b) Any filling, excavating, ditching or draining held on a proposed amendment, at least 10 days that is to be done must be necessary for such prior to such hearing; construction or maintenance and must be done in (c) A copy of the county zoning agency's a manner designed to minimize flooding and other finding and recommendations on each proposed adverse impacts upon natural functions of the amendment, within 10 days after the submission of wetland. those findings and recommendations to the county [History: caption am., Sub. 2 to OA 21, 1993-94, pub. board; and 09/30/94.] (d) Written notice of . the county board's decision on the proposed amendment, within 10 11.09 PROHIBITED USES. Any use not listed in days•after it is issued. sections 11.07 and 11.08 is prohibited, unless the (4) This ordinance shall not be construed cr wetland or a portion of the wetland has been administered to-limit or prohibit federally approved rezoned by amendment of this ordinance in wetlands mitigation projects implemented pursuant • accordance with section 11.10 of this ordinance. to applicable federal and state requirements. (5) If a department of natural resources has 11.10 REZONING OF LANDS IN THE notified the county zoning agency that a proposed - SHORELAND-WETLAND AND INLAND- amendment to the . shoreland-wetland district WETLAND DISTRICTS. (1) Rezoning of a wetland affecting a designated wetland area of five acres or • or portion of a wetland shall be by an amendment more in size may have a significant adverse impact to this ordinance and the related wetland maps in upon any of the criteria listed in section 11.10(2) of accordance with the requirements of section this ordinance, that amendment, if approved by the ' 59.69(5)(e), Wisconsin Statutes, chapter NR 115, county board, shall contain the following Wisconsin Administrative Code and sub. (2) provision: "This amendment shall not take effect below. until more than 30 days have elapsed since written Page 11-6 rev. 073197