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Chapter 11
<br /> game preserves and private wildlife habitat areas,but (c) Filtering or storage of sediments, • --
<br /> only for the purpose of improving wildlife habitat or nutrients, heavy metals or organic compounds that
<br /> otherwise enhance wetland values. would otherwise drain into navigable waters;
<br /> (4) The construction and maintenance of electric, (d)Shoreline protection against soil erosion;
<br /> gas, telephone, water and sewer transmission and (e) Fish spawning, breeding, nursery or
<br /> distribution lines, and related facilities, by public feeding grounds;
<br /> utilities and cooperative associations organized for (f) Wildlife habitat;or
<br /> the purpose of producing or furnishing heat, light, (g) Areas of special recreational, scenic or —
<br /> power or water to their members,provided that: scientific interest,including scarce wetland types.
<br /> (a) The transmission and distribution lines (3) For all proposed text and map amendments to
<br /> and related facilities cannot as a practical matter be the shoreland-wetland district, involving an area of
<br /> located outside the wetland;and five acres or more in size, the appropriate district
<br /> (b) Any filling, excavating, ditching or office of the department of natural resources shall be
<br /> draining that is to be done must be necessary for provided with the following:
<br /> such construction or maintenance and must be done (a) A copy of every petition for a text or map
<br /> in a manner designed to minimize flooding and amendment to the shoreland-wetland district, within
<br /> other adverse impacts upon the natural functions of 5 days of the filing of such petition with the county
<br /> the wetlands. clerk;
<br /> (5) The construction & maintenance of railroad (b) Written notice of the public hearing to be 1
<br /> lines,provided that: held on a proposed amendment, at least 10 days
<br /> (a) The railroad lines cannot as a practical prior to such hearing;
<br /> matter be located outside the wetland;and (c) A copy of the county zoning agency's j
<br /> (b) Any filling, excavating, ditching, or finding and recommendations on each proposed i_
<br /> draining that is to be done must be necessary for amendment, within 10 days after the submission of
<br /> such construction or maintenance and must be done those findings and recommendations to the county j"
<br /> in a manner designed to minimize flooding and board;and , 1
<br /> other adverse impacts upon natural functions of (d) Written notice of the county board's L-L
<br /> thewetland. decision on the proposed amendment,within 10 days , ,
<br /> [History: caption am., Sub. 2 to OA 21, 1993-94, after it is issued.
<br /> pub.09/30/94.] (4) This ordinance shall not be construed or
<br /> administered to limit or prohibit federally approved
<br /> 1L09 PROHIBITED USES. Any use not listed in wetlands mitigation projects implemented pursuant 'I
<br /> sections 11.07 and 11.08 is prohibited, unless the to applicable federal and state requirements. '11
<br /> wetland or a portion of the wetland has been rezoned (5) If the department of natural resources has
<br /> by amendment of this ordinance in accordance with notified the county zoning agency that a proposed
<br /> section 11.10 of this Ordinance. amendment to the shoreland-wetland district
<br /> affecting a designated wetland area of five acres or
<br /> 11.10 REZONING OF LANDS IN THE more in size may have a significant adverse impact �,
<br /> SHORELAND-WETLAND AND INLAND- upon any of the criteria listed in section 11.10(2) of
<br /> ,
<br /> WETLAND DISTRICTS. this ordinance, that amendment, if approved by the -
<br /> (1) Rezoning of a wetland or portion of a wetland county board, shall contain the following provision:
<br /> shall be by an amendment to this ordinance and the "This amendment shall not take effect until more Sri
<br /> related wetland maps in accordance with the than 30 days have elapsed since written notice of the L.
<br /> requirements of section 59.97(5)(e), Wisconsin county board's approval of this amendment was
<br /> Statutes, Chapter NR 115,Wisconsin Administrative mailed to the department of natural resources. ,-1
<br /> Code and section 11.10(2),following. During that 30-day period the department of natural
<br /> (2)A wetland, or a portion thereof;in the shoreland- resources may notify the county board that it will
<br /> wetland or inland-wetland district shall not be adopt a superseding shoreland ordinance for the
<br /> rezoned if the proposed rezoning may result in a county under section 59.971(6) of the Wisconsin ,
<br /> significant adverse impact upon any of the following: Statutes. If the department does so notify the county !
<br /> (a)Storm and flood water storage capacity; board, the effect of this amendment shall be stayed
<br /> (b) Maintenance of dry season stream flow, until the section 59.971(6) adoption procedure is 7I
<br /> the discharge of groundwater to a wetland, the completed or otherwise terminated." L_i
<br /> recharge of groundwater from a wetland to another [History: caption, (1), (2), (3)and(4) am., and(5)
<br /> area,or the flow of groundwater through a wetland; cr., Sub.2 to OA 21, 1993-94,pub.09/30/94.]
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