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Chapter 11
<br /> conditions are met and that a permit is granted by other county zoning base maps, and all lands which
<br /> the board of adjustment. are within 300 feet of the ordinary high-water mark
<br /> (13) Wetlands means those areas where water is at, or landward side of the flood plain of the navigable
<br /> near or above the land surface long enough to be reaches of rivers and streams. Rivers and streams
<br /> capable of supporting aquatic or hydrophytic shall be presumed to be navigable if they are
<br /> vegetation and which have soils indicative of wet designated as either continuous or intermittent
<br /> conditions. waterways on U.S.G.S. Quadrangle Maps or other
<br /> [History: 11.015 cr., Sub. 1 to OA 47, 1993-94, zoning base maps which have been incorporated by
<br /> pub. 03/22/95.] reference and made a part of the ordinance in section
<br /> 10.03 of this ordinance.
<br /> 11.02 SHORELAND DISTRICT. (b) The county zoning administrator shall
<br /> (1) Authority: This shoreland protection section is make the initial determination of whether or not a
<br /> adopted pursuant to the authorization found in lake,pond flowage,river or stream is navigable. ,
<br /> sections 59.07(51), 59.97, 59.971, 87.30 and 144.26, (c) The county zoning administrator shall
<br /> Wis. Stats. make the initial determination of the location or
<br /> (2) Legislative Finding: The county board does elevation of the ordinary high-water.mark.
<br /> find that the uncontrolled use of the shorelands and (d) When the navigability or ordinary
<br /> pollution of the navigable waters of Dane County high-water mark is questionable the zoning
<br /> adversely affect the public health, safety, administrator shall contact the appropriate
<br /> convenience, and general welfare and impair the tax department of natural resources office for assistance
<br /> base. The legislature of Wisconsin had delegated in making the determination.
<br /> responsibility to the counties to further the
<br /> maintenance of safe and healthful conditions; 11.03 SHORELAND REGULATIONS.
<br /> prevent and control water pollution; protect (1) Lot area, width and density: Area, width and
<br /> spawning grounds, fish and aquatic life; control density requisites for lots located in shoreland areas
<br /> building sites,placement of structures and land uses; shall not be less than those required in section
<br /> and, preserve shore cover and natural beauty, and 10.05(4) and (5), R-1 Residence District, section
<br /> this responsibility is hereby recognized by Dane 10.16(3), General Provisions and Exceptions of
<br /> County. Chapter 10 of the Dane County Code of Ordinances.
<br /> (3) Statement of purpose: For the purpose of (2) Setback from ordinary high-water mark:
<br /> promoting and protecting the public health, safety, (a) Setbacks for all principal buildings
<br /> convenience and general welfare to: prevent and and structures, except piers, hoists and boathouses r'-)
<br /> control water pollution; protect fish spawning shall be not less than seventy-five (75) feet,
<br /> grounds, fish and aquatic life, control building sites, measured horizontally, from an ordinary high-water `
<br /> placement of structures, preserve shore cover and mark unless otherwise specified by the County Flood -
<br /> natural beauty. Plain Zoning Ordinance provisions.
<br /> (4) Compliance: Unless specifically exempted by (b) Reduced setback: Proposed primary '
<br /> law, all cities, villages, towns and counties are buildings which will be located within 200 feet of
<br /> required to comply with this ordinance and obtain all existing primary building(s),which have a setback of
<br /> necessary permits. State agencies are required to less than 75 feet, may have a reduced setback as
<br /> comply when section 13.48(13),Wis. Stats. applies. follows:
<br /> The construction, reconstruction, maintenance and 1. Where there is a primary building on each
<br /> repair of state highways and bridges by the side of the proposed site,the setback for the proposed
<br /> Wisconsin Department of Transportation are exempt building shall be the average of the setbacks of the
<br /> when section 30.12(4)(a), Wisconsin Statutes, existing buildings.
<br /> applies. 2. If there is an existing primary building on
<br /> (5) County Jurisdiction: only one side, the setback for the proposed building
<br /> (a) Shoreland areas shall include all lands in shall be the average of the required(75') setback and
<br /> the unincorporated areas of Dane County which are the existing building's setback.
<br /> within 1,000 feet from the ordinary high-water mark 3. Other setbacks may be permitted by the board 1
<br /> of navigable lakes, ponds or flowages listed in the of adjustment as per section 10.26(6)(c), Dane
<br /> "Surface Water Resources of Dane County" County Zoning Ordinance.
<br /> published by the Wisconsin Department of Natural (3) Boathouses:
<br /> Resources, or so designated on the United States (a)Boathouses shall not be constructed below
<br /> Geological Survey Quadrangle Maps, or included on the ordinary high-water mark.
<br /> Page 54
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