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SECTION 11.01 DANE COUNTY SHORELAND, SHORELAND-WETLAND AND FLOOD PLAIN MANAGEMENT:
<br /> NOTE: This section is not subject to approval or disapproval by any town board as provided
<br /> by ss 59.971 (2) (a)-Wisconsin Statutes.
<br /> SECTION 11.02 SHORELAND DISTRICT: .
<br /> (1) AUTHORITY: This shoreland protection section is adopted pursuant to the authorization
<br /> found in ss 59.07 (51) , 59.97, 59.971, 87.30 and 144.26 Wis. Stats.
<br /> (2) LEGISLATIVE FINDING: The County Board does find that the uncontrolled use of the shore-
<br /> lands and pollution of the navigable waters of Dane County- adversely affect the public
<br /> health, safety, convenience, and general welfare and impair the tax-base. The legisla-
<br /> • ture of Wisconsin had delegated responsibility to the counties to further the maintenance
<br /> of safe and healthful conditions; prevent and control water pollution; protect spawning
<br /> grounds, fish and aquatic life; control building, sites, placement of structures and land
<br /> uses; and preserve shore cover and natural beauty, and this responsibility is hereby
<br /> recognized by Dane County.
<br /> (3) STATEMENT OF PURPOSE: For the purpose of promoting and protecting the public health,
<br /> safety, convenience and general welfare to: prevent and control water pollution;
<br /> protect fish spawning grounds, fish and aquatic life, control building sites, placement
<br /> of structures, preserve shore cover and natural beauty.
<br /> (4) COMPLIANCE: Unless specifically exempted by law, all cities, villages, towns, and
<br /> counties are required to comply with this Ordinance and obtain all necessary permits.
<br /> State agencies are required to comply when section 13.48 (13) , Wisconsin Statutes,
<br /> applies. The construction, reconstruction, maintenance and repair of state highways
<br /> and bridges by the Wisconsin Department of Transportation are exempt when section 30.12
<br /> (4) (a) , Wisconsin Statutes, applies.
<br /> (5) COUNTY JURISDICTION:
<br /> (a) Shoreland areas shall include all lands in the unincorporated areas of Dane County
<br /> which are within 1,000 feet from the ordinary high water mark of navigable lakes
<br /> ponds or flowages listed in the "Surface Water Resources of Dane County" published
<br /> by the Wisconsin Department of Natural Resources, or so designated on the United States
<br /> Geological Survey Quadrangle Maps, or included on other County Zoning base maps, and
<br /> all lands which are within 300 feet of the ordinary high water mark or landward side
<br /> of a flood plain of the navigable reaches of rivers and streams. Rivers and streams
<br /> shall be presumed to be navigable if they are designated as either continuous or in-
<br /> termittent waterways on the U.S.G.S. Quadrangle Maps or other zoning base maps which
<br /> have been incorporated by reference and made a part of the ordinance in Section 10.03
<br /> of this ordinance.
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<br /> (b) The County Zoning Administrator shall make the initial determination of whether or
<br /> not a lake, pond, flowage, river or stream is navigable.
<br /> (c) The County Zoning Administrator shall make the initial determination of the location
<br /> or elevation of the ordinary high water mark.
<br /> (d) When the navigability or ordinaryihigh water mark is questionable the Zoning Administrator
<br /> shall contact the appropriate Department of Natural Resources Office for assistance in
<br /> making the determination.
<br /> SECTION 11.03 SHORELAND REGULATIONS: / ,s= -o/�- /.177— c %
<br /> (1) LOT AREA, WIDTH AND DENSITY: Area, width and density requisites for lots located in
<br /> shoreland areas shall not be less than those required in Section 10.05 (4) and (5) , R-1
<br /> Residence District, Section 10.16 (3) , General Provisions_ and Exceptions of Chapter 10
<br /> of the Dane County Code of Ordinances.
<br /> (2) SETBACK FROM ORDINARY HIGH WATER MARK: - -
<br /> (a) Setbacks for all principal buildings and structures, except piers, hoists and boat-
<br /> houses shall be not less than seventy five (75) feet, measured horizontally, from a
<br /> ordinary high water ,mark unless otherwise specified by the County Flood Plain Zoning
<br /> Ordinance provisions.
<br /> (b) REDUCED SETBACK: Proposed primary buildings which will be located within 200 feet of
<br /> existing primary building/s, which have a setback of less than 75 feet, may have a
<br /> reduced setback as follows:
<br /> 1.' Where there is a primary building on each side of the proposed site, the setback for
<br /> the proposed building shall be the average of the setbacks of the existing buildings.
<br /> 2. If there is an existing primary building on only one side, the setback for the pro-
<br /> posed building shall be the average of the required (75' ) setback and the existing
<br /> building's setback.
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