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<br /> conditions are met and that a permit is granted by designated on the United States Geological Survey
<br /> the board of adjustment. Quadrangle Maps, or included on other county
<br /> (13) Wetlands means those areas where water is zoning base maps, and all lands which are within
<br /> at, near or above the land surface long enough to 300 feet of the ordinary high-water mark or
<br /> be capable of supporting aquatic or hydrophytic landward side of the flood plain of the navigable
<br /> vegetation and which have soils indicative of wet reaches of rivers and streams. Rivers and streams
<br /> conditions. shall be presumed to be navigable if they are
<br /> [History: 11.015 cr., Sub. 1 to OA 47, 1993-94, designated as either continuous or intermittent
<br /> pub. 03/22/95.] waterways on U.S.G.S. Quadrangle Maps or other
<br /> zoning base maps which have been incorporated
<br /> 11.02 SHORELAND DISTRICT. (1) Authority: by reference and made a part of the ordinance in
<br /> This shoreland protection section is adopted section 10.03 of this ordinance.
<br /> pursuant to the authorization found in sections (b) The county zoning administrator shall make
<br /> 59.07(51), 59.97, 59.971, 87.30 and 144.26, Wis. the initial determination of whether or not a lake,
<br /> Stats. pond flowage, river or stream is navigable.
<br /> (2) Legislative Finding: The county board does (c) The county zoning administrator shall make
<br /> find that the uncontrolled use of the shorelands the initial determination of the location or
<br /> and pollution of the navigable waters of Dane elevation of the ordinary high-water mark.
<br /> County adversely affect the public health, safety; (d) When the navigability or ordinary high-water
<br /> convenience, and general welfare and impair the mark is questionable the zoning administrator shall
<br /> tax base. The legislature of Wisconsin had contact the appropriate .department of natural
<br /> delegated responsibility to the counties to further resources office for assistance in making the
<br /> the maintenance of safe and healthful conditions; determination.
<br /> prevent and control water pollution; protect
<br /> spawning grounds, fish and aquatic life; control 11.03 SHORELAND REGULATIONS. (1) Lot
<br /> building sites, placement of structures and land area, width and density: Area, width and density
<br /> uses; and, preserve shore cover and natural requisites for lots located in shoreland areas shall -
<br /> beauty, and this responsibility is hereby recognized not be less than those required in section 10.05(4)
<br /> by Dane County. and (5), R-1 Residence District, section 10.16(3),
<br /> (3) Statement of purpose: For the purpose of General Provisions and Exceptions of Chapter 10
<br /> promoting and protecting the public health, safety, of the Dane County Code of Ordinances.
<br /> convenience and general welfare to: prevent and (2) Setback from ordinary high-water mark: (a)
<br /> control water pollution; protect fish spawning Setbacks for all principal buildings and structures,
<br /> grounds, fish and aquatic life, control building except piers, hoists and boathouses shall be not
<br /> sites, placement of structures, preserve shore cover less than seventy-five (75) feet, measured
<br /> and natural beauty. horizontally, from an ordinary high-water mark
<br /> (4) Compliance: Unless specifically exempted unless otherwise specified by the County Flood
<br /> by law, all cities, villages, towns and counties are Plain Zoning Ordinance provisions.
<br /> required to comply with this ordinance and obtain (b) Reduced setback: Proposed primary
<br /> all necessary permits. State agencies are required buildings which will be located within 200 feet of
<br /> to comply when section 13.48(13), Wisconsin existing primary building(s), which have a setback
<br /> Statutes, applies. The construction, reconstruction, of less than 75 feet, may have a reduced setback as
<br /> maintenance and repair of state highways and follows:
<br /> bridges by the Wisconsin Department of 1. Where there is a primary building on each
<br /> Transportation are exempt when section side of the proposed site, the setback for the
<br /> 30.12(4)(a), Wisconsin Statutes, applies. proposed building shall be. the average of the
<br /> (5) County Jurisdiction: (a) Shoreland areas setbacks of the existing buildings.
<br /> shall include all lands in the unincorporated areas 2. If there is an existing primary building on
<br /> of Dane County which are within 1,000 feet from only one side, the setback for the proposed'
<br /> the ordinary high-water mark of navigable lakes, building shall be the average of the required (75')
<br /> ponds or flowages listed in the "Surface Water setback and the existing building's setback.
<br /> Resources of Dane County" published by the 3. Other setbacks may be permitted by the
<br /> Wisconsin Department of Natural Resources, or so board of adjustment as per section 10.26(6)(c),
<br /> Dane County Zoning Ordinance. •
<br /> Unofficial Text Dane County Code of Ordinances
<br /> rev. 043095
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