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10.015(10m)—11.02(5)
<br /> way to meet the performance standards and may to be capable of supporting aquatic or
<br /> vary based on the performance standard and site hydrophytic vegetation and which have soils
<br /> conditions. indicative of wet conditions.
<br /> (11) Navigable waters. As used in this chapter, [History: 11.015 cr., Sub. 1 to OA 47, 1993-94, pub.
<br /> navigable waters has the meaning set forth in s. 03/22/95;(1)and(7)am.,OA 42,1996-97,pub.06/17/97;(1)
<br /> 30.10, WIS. Stats. am., OA 19, 1998-99, pub. 02/17/99; (7m) Cr., Sub. 1 to OA
<br /> 1, 2001-02,pub. 01/22/02; 11.015 am., OA 7,2003-04, pub.
<br /> (12) Non-conforming structure. An existing 12/03/03; (2m)cr., Sub. 1 to OA 15,2004-05,pub.06/23/05;
<br /> lawful structure or building which is not in (8m), (10m),(14m),(16m),(16n),(16r)and(17m)cr.,OA 12,
<br /> conformity with the provisions of the applicable 2005-06,pub.11/11/05.]
<br /> zoning ordinance for the area which it occupies.
<br /> (13) Non-conforming use. A lawful use that 11.02 SHORELAND DISTRICT. (1) Authority.
<br /> existed prior to adoption of a zoning ordinance This shoreland protection section is adopted
<br /> which restricts or prohibits said use. pursuant to the authorization found in sections
<br /> (14) Ordinary high-water mark means the point 59.70(1), 59.69, 59.692, 87.30 and 144.26, Wis.
<br /> on the bank or shore up to which the presence Stats.
<br /> and action of surface water is so continuous as (2) Legislative finding. The county board does
<br /> to leave a distinctive mark such as by erosion, find that the uncontrolled use of the shorelands
<br /> destruction or prevention of terrestrial vegetation, and pollution of the navigable waters of Dane
<br /> predominance of aquatic vegetation, or other County adversely affect the public health, safety,
<br /> easily recognized characteristics. convenience, and general welfare and impair the
<br /> (14m) Preliminary review. A preliminary review tax base. The legislature of Wisconsin had
<br /> letter as described in s. 14.48. delegated responsibility to the counties to further
<br /> (15) Inland-wetlands. These wetlands include the maintenance of safe and healthful conditions;
<br /> all wetlands located throughout unincorporated prevent and control water pollution; protect
<br /> Dane County that are not within the county spawning grounds, fish and aquatic life; control
<br /> shoreland district, i.e., not located within 1,000 building sites, placement of structures and land
<br /> feet from the ordinary high-water mark of uses; and, preserve shore cover and natural
<br /> navigable lakes, ponds or flowages, and also not beauty, and this responsibility is hereby
<br /> located within 300 feet of the ordinary high-water recognized by Dane County.
<br /> mark or landward side of the flood plain of the (3) Statement of purpose. For the purpose of
<br /> navigable reaches of rivers and streams. promoting and protecting the public health,
<br /> (16) Shoreland means the land area within the safety, convenience and general welfare to:
<br /> shoreland district as defined by s. 11.02(5) of this prevent and control water pollution; protect fish
<br /> ordinance. spawning grounds, fish and aquatic life, control
<br /> (16m) Site. The bounded area described in an building sites, placement of structures, preserve
<br /> erosion control plan, stormwater management shore cover and natural beauty.
<br /> plan, or shoreland management plan. (4) Compliance. Unless specifically exempted
<br /> (16n) Slope. The net vertical rise over by law, all cities, villages, towns and counties are
<br /> horizontal run, expressed as a percentage,which required to comply with this ordinance and obtain
<br /> represents a relatively homogeneous surface all necessary permits. State agencies are
<br /> incline or decline over the area disturbed. required to comply when section 13.48(13),
<br /> (16r) Stormwater runoff. The waters derived Wisconsin Statutes, applies. The construction,
<br /> from rains falling or snowmelt or ice melt reconstruction, maintenance and repair of state
<br /> occurring within the drainage area, flowing over highways and bridges by the Wisconsin
<br /> the surface of the ground and collected in Department of Transportation are exempt when
<br /> channels,watercourses or conduits. section 30.12(4)(a), Wisconsin Statutes, applies.
<br /> (17) Structure. Any human-made object with (5) County jurisdiction. (a) Shoreland areas
<br /> form, shape and utility, either permanently or shall include all lands in the unincorporated
<br /> temporarily attached to or placed upon the areas of Dane County which are within 1,000
<br /> ground, river bed, stream bed or lakebed. feet from the ordinary high-water mark of
<br /> (17m) Topography. The configuration of the navigable lakes, ponds or flowages listed in the
<br /> ground surface and relations among human- "Surface Water Resources of Dane County"
<br /> made and natural features that may determine published by the Wisconsin Department of
<br /> ground slope and the direction of runoff flow. Natural Resources, or so designated on the
<br /> (18) Wetlands means those areas where water United States Geological Survey Quadrangle
<br /> is at, near or above the land surface long enough Maps, or included on other county zoning base
<br /> Page 11-2
<br /> rev 013106
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