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11.015(12)— 11.03(2)(b)
<br /> conditions are met and that a permit is granted United States Geological Survey Quadrangle
<br /> by the board of adjustment. Maps, or included on other county zoning base
<br /> (13) Wetlands means those areas where water maps, and all lands which are within 300 feet of
<br /> is at, near or above the land surface long enough the ordinary high-water mark or landward side of
<br /> to be capable of supporting aquatic or • the flood plain of the navigable reaches of rivers
<br /> hydrophytic vegetation and which have soils and streams. Rivers and streams shall be
<br /> indicative of wet conditions. presumed to be navigable if they are designated
<br /> [History: 11.015 cr., Sub. 1 to OA 47, 1993-94, pub. as either continuous or intermittent waterways on
<br /> 03/22/95; (1)and(7)am.,OA 42, 1996-97,pub.06/17/97; (1) U.S.G.S. Quadrangle Maps or other zoning base
<br /> am., OA 19, 1996-99, pub. 02/17/99; (7m) cr., Sub. 1 to OA
<br /> 1,2001-02,pub.01/22/02.] maps which have been incorporated by
<br /> reference and made a part of the ordinance in
<br /> 11.02 SHORELAND DISTRICT. (1) Authority. section 10.03 of this ordinance.
<br /> This. shoreland protection section is adopted (b) The county zoning administrator shall
<br /> pursuant to the authorization found in sections make the initial determination of whether or not a
<br /> 59.70(1), 59.69, 59.692, 87.30 and 144.26, Wis. lake, pond flowage, river or stream is navigable.
<br /> Stats. (c) The county zoning administrator shall
<br /> (2) Legislative finding. The county board does make the initial determination of the location or
<br /> find that the uncontrolled use of the shorelands elevation of the ordinary high-water mark.
<br /> and pollution of the navigable waters of Dane (d) When the navigability or ordinary high-
<br /> County adversely affect the public health, safety, water mark is questionable the zoning
<br /> convenience, and general welfare and impair the administrator shall contact the appropriate
<br /> tax base. The legislature of Wisconsin had department of natural resources office for
<br /> delegated responsibility to the counties to further assistance in making the determination.
<br /> • [History: (1)am.,OA 42, 1996-97,pub.06/17/97.]
<br /> the maintenance of safe and healthful conditions;
<br /> prevent and control water pollution; protect 11.03.SHORELAND REGULATIONS. (1) Lot
<br /> spawning grounds, fish and aquatic life; control area, width and density. Area, width and density
<br /> building sites, placement of structures and land
<br /> requisites for lots located in shoreland areas
<br /> uses; and, preserve shore cover and natural shall not be less than those required in section
<br /> beauty, and this responsibility is hereby 10.05(4) and (5), R-1 residence district, section
<br /> recognized by Dane County. 10.16(3), general provisions and exceptions of
<br /> (3) Statement of purpose. For the purpose of chapter 10 of the Dane County Code of
<br /> promoting and protecting the public health, Ordinances.
<br /> safety, convenience and general welfare to: (2) Setback from ordinary high-water mark.
<br /> prevent and control water pollution; protect fish (a) Except as provided in sections 11.03(2)(b)
<br /> spawning grounds, fish and aquatic life, control and 11.03(4), the setbacks for all buildings and
<br /> building sites, placement of structures, preserve structures, except piers, boat hoists and
<br /> shore cover and natural beauty. boathouses, shall not be less than seventy-five
<br /> (4) Compliance. Unless specifically exempted (75) feet, measured horizontally, from an
<br /> by law, all cities, villages, towns and counties are ordinary high-water mark, unless otherwise
<br /> required to comply with this ordinance and obtain specified by the county flood plain zoning
<br /> all necessary permits. State agencies are ordinance provisions.
<br /> required to comply when section 13.48(13), (b) Reduced setback. Proposed primary
<br /> Wisconsin Statutes, applies. The construction, buildings which will be located within 200 feet of
<br /> reconstruction, maintenance and repair of state existing primary building(s), which have a
<br /> highways and bridges by the Wisconsin setback of less than 75 feet, may have a reduced
<br /> Department of Transportation are exempt when setback as follows:
<br /> section 30.12(4)(a), Wisconsin Statutes, applies. 1. Where there is a primary building on each
<br /> (5) County jurisdiction. (a) shoreland areas side of the proposed site, the setback for the
<br /> shall include all lands in the unincorporated proposed building shall be the average of the
<br /> areas of Dane County which are within 1,000 setbacks of the existing buildings.
<br /> feet from the ordinary high-water mark of
<br /> 2. If there is an existing primary building on
<br /> navigable lakes, ponds or flowages listed in the only one side, the setback for the proposed
<br /> "Surface Water Resources of Dane County" building shall be the average of the required (75')
<br /> published by the Wisconsin Department of setback and the existing building's setback.
<br /> Natural Resources, or so designated on the
<br /> Page 11-2
<br /> rev 013102
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