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SECTION 10.16 <br /> 75 feet from the high water mark on a lot or parcel of land is prohibited in shoreland areas, and no building permit for a building or structure shall <br /> be issued for property so situated where more than twenty (20) per cent of <br /> the trees have been removed sLnce the date- of adoption of this provision, <br /> provided, however, that at the discretion of the property owner removal of <br /> dead, diseased or dying trees, or silvicultural thinning shall be permitted. <br /> In addition, removal of trees in excess of twenty (20) per cent may be <br /> permitted by the Board of Adjustment as a special exception. In passing on <br /> a special exception permit, the Board of Adjustment shall, in so far as <br /> practicable, protect scenic beauty, control erosion and reduce effluent <br /> and nutrient flow from, the shore land. <br /> (g) Filling and grading which would result in substantial detriment to navi- <br /> gable waters by reason of erosion, sedimentation, or impairment of fish <br /> or aquatic life is prohibited. A special exception permit from the Board <br /> of Adjustment shall be required in addition to permits required by state <br /> agencies under the Statutes for any filling or grading of the bed of a <br /> navigable body of water, or for any filling or grading of any area which <br /> is within three hundred (300) feet of a navigable body of water and which <br /> has surface drainage toward the water and on which there is filling or <br /> grading of more than 1,000 square feet of area. In passing on a special <br /> exception permit, the Board of Adjustment shall evaluate the effect of. the <br /> proposal on possible water pollution including erosion and sedimentation, <br /> maintainance of safe and healthful conditions. This provision shall not <br /> apply to soil conservation practices such as terraces, run off diversions, <br /> grassed waterways constructed for sediment retardation. <br /> (h) Construction of lagoons connected to a navigable body of water for the <br /> purpose of private development shall be prohibited. A special exception <br /> permit shall be required before construction or dredging any other artificial <br /> waterway, canal, ditch, lagoon, pond, lake or similar waterway which is <br /> within three hundred (300) feet of a navigable body of water. In passing <br /> on a special exception permit, the Board of Adjustment shall evaluate the <br /> effect of the proposal on erosion and sedimentation both during construction <br /> and thereafter, water quality, stream flow, fish life, acquatic plants, and <br /> flooding, and evaluate the measures proposed to prevent harmful changes. <br /> Section 7, Section IX of the ordinance of July 20, 1938, the title to which is recited <br /> in the title to this ordinance, is hereby renumbered to be Section 10.17, and as so <br /> renumbered is amended to read: <br /> 10.17 SETBACK REGULATIONS <br /> For the purpose of determining the distance buildings and other structures shall <br /> be set back from streets and highways, the streets and highways in Dane County are <br /> divided into the following classes: <br /> (1) CLASS A HIGHWAYS <br /> (a) All state and federal highways are hereby classified Class A highways; also <br /> County Trunk S from the west city limits of the City of Madison to its inter- <br /> - 31 - <br />