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Chapter 20. Shorelands-Wetlands

Sec. 20-05. Amending shoreland-wetland zoning regulations.

(1) The council may alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of 62.23(7)(d)2Wis. Stats. and NR 117 Wis. Admin. Code and the provisions of this section.

(2) A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department within five days of the submission of proposed amendment to the plan commission.

(3) All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the plan commission, and a public hearing shall be held after class 2 notice as required by 62.23(7)(d)2 Wis. Stats. The appropriate district office of the department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(4) In order to ensure that this chapter will remain consistent with the shoreland protection objectives of 281.31 Wis. Stats., the council may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:

  1. Stormwater and floodwater storage capacity;
  2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
  3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
  4. Shoreline protection against erosion;
  5. Fish spawning, breeding, nursery or feeding grounds;
  6. Wildlife habitat; or
  7. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(5) Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (4) of this section, the department shall so notify the city of its determination either prior to or during the public hearing held on the proposed amendment.

(6) The appropriate district office of the department shall be provided with:

  1. A copy of the recommendation and report, if any, of the plan commission on a proposed text or map amendment, within ten days after the submission of those recommendations to the council.
  2. Written notice of the action on the proposed text or map amendment within ten days after the action is taken.

(7) If the department notifies the plan commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (4) of this section, that proposed amendment, if approved by the council, shall not become effective until more than 30 days have elapsed since written notice of the city approval was mailed to the department, as required by subsection (6)(a) of this section. If within the 30-day period the department notifies the city that the department intends to adopt a superseding shorelandwetland zoning chapter for the city as provided by 62.231(6) Wis. Stats., the proposed amendment shall not become effective until the chapter adoption procedure under 62.231(6) Wis. Stats. is completed or otherwise terminated.

(Code 1982, 27.01(6))