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Chapter 20. Shorelands-Wetlands

Sec. 20-03. General provisions.

(1) Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the city shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see section 20-04 of this chapter, for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.

(2) Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all necessary permits. State agencies are required to comply if 13.48(13)Wis. Stats. applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when 30.12(4)(a) Wis. Stats. applies.

(3) Abrogation and greater restrictions.

  1. This chapter supersedes all the provisions of any municipal zoning chapter enacted under 62.23 or 87.30 Wis. Stats., which relate to floodplains and shorelandswetlands, except that where another municipal zoning chapter is more restrictive than this chapter, that chapter shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
  2. This chapter is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

(4) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in chapter NR 117, Wis. Admin. Code, the provision shall be interpreted in light of the chapter NR 117 standards in effect on the date of the adoption of the ordinance from which this chapter derives or in effect on the date of the most recent text amendment to this chapter.

(5) Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(6) Annexed areas. The Wood County/Marathon County shoreland zoning provisions in effect on the date of annexation shall remain in effect and shall be administered by the city for all areas annexed by the city after May 7, 1982. These annexed lands shall be described on the city's official zoning map. TheWood County/Marathon County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and shall be kept on file in the office of the zoning administrator.

(Code 1982, 27.01(2))