NR 115.05(1)(c)2.c.
c. The county may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with “generally accepted forestry management practices" as defined in s.
NR 1.25 (2) (b), and described in Department publication “Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.
NR 115.05(1)(c)2.d.
d. The
coun
ty
may
allow
re
moval
of vegetation
within
the vegetative
buffer zone
to
manage
exotic
or inva
sive
species,
da
maged
vegetation,
vegetation
that
must
be re
moved
to control
disease,
or vegetation
creating
an im
minent
safety
hazard,
provided
that any
vegetation
re
moved
be replaced
by
replanting
in the
sa
me
area
as soon as practicable.
NR 115.05(1)(c)2.e.
e. The county may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this subd. par. shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area.
NR 115.05(1)(d)
(d) Filling, grading, lagooning, dredging, ditching and excavating. Filling, grading, lagooning, dredging, ditching and excavating may be permitted only in accordance with the provisions of s.
NR 115.04, the requirements of ch.
30, Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.
NR 115.05(1)(e)
(e)
Impervious surfaces. Counties
shall
establish
i
mpervious
surface
standards
to protect water
quali
ty
and
fish
and wildlife
habitat
and
protect
against
pollution
of navigable
waters. Coun
ty i
mpervious
surface
standards
shall
require
all of the following:
NR 115.05(1)(e)1.
1. `Application.' I
mpervious
surface
standards
shall apply
to the
construction,
reconstruction, expansion,
replace
ment
or relocation
of a
ny
i
mpervious
surface
that
is or will
be located
within 300
feet
of the
ordinary
high water
mark of any
navigable
waterway
on a
ny
of the
following:
NR 115.05(1)(e)1.b.
b. A nonriparian
lot or parcel
that is located
entire
ly
within 300 feet
of the ordinary
high
-water
mark of any
navigable
waterw
ay
NR 115.05(1)(e)1m.
1m. `Calculation.' Percentage
of i
mpervious
surface
shall be calculated
by
dividing
the
surface area
of the existing
and proposed
i
mpervious
surfaces
on the
lot or parcel
by
the total surface
area
of that lot or parcel,
and
multipl
ying
by
100. For the purposes
of this subdivision
counties
may
exclude i
mpervious
surfaces
described
in subd.
3m. If an outlot lies between
the ordinary
high water
mark and
the developable
lot or parcel
described
in subd.
1. and both
are in com
mon
ownership,
the
lot or parcel
and
the outlot
shall
be considered
one lot or parcel
for the
purposes
of cal
culating
the
percentage of i
mpervious
surfaces.
NR 115.05(1)(e)2.
2. `General
standard.'
Except
as allowed
in subds.
2m. to
4., a coun
ty
may
allow
up to 15% i
mpervious
surface
as cal
culated
under
subd. 1m on a lot or parcel
described
in
subd.
1. NR 115.05(1)(e)2m.
2m. `Standard
for high
ly
developed
shorelines.' At its discretion,
a
coun
ty
may
adopt
an ordinance
for highly
developed
shorelines
that allows i
mpervious
surface
as calculated
under
subd. 1m on lots or parcels
described
in subd. 1 as follows:
up to 30%
for residential
land uses or up to 40%
for com
mercial,
industrial
or business
land
uses.
NR 115.05(1)(e)2m.a.
a. A “high
ly
developed
shoreline"
means
a shoreline
within an area identified
as an Urbanized Area or Urban Cluster
in the
2010
US
Census
or a shoreline
that has a com
mercial,
industrial
or bu
siness land
use as of Janua
ry
31, 2013.
NR 115.05(1)(e)2m.b.
b. A coun
ty
may
establish,
after
conducting
a hearing
and
receiving
approval
by
the
depart
ment, a
map
of additional
areas
of high
ly
developed
shorelines
not included
in subd.
2m. a. NR 115.05(1)(e)2m.c.
c. An additional
area
of high
ly
developed
shoreline
under
subd.
2m. b., shall in
clude
at least
500 feet
of shoreline
and as of February
1, 2010,
have
either
a
majority
of its lots developed
with
more
than 30%
i
mpervious
surface
area
as calculated
under
subd.
1m. or be located
on a la
ke
and
served
by
a sewerage
system as defined
in s.
NR 110.03 (30). To obtain approval
from the
depart
ment
for an additional
area,
the
county
shall
provide
data
to the depart
ment
that
establishes
that
the
additional area
meets
the
criteria
under
this subd.
2m. c. NR 115.05(1)(e)3.
3. `Maximum
i
mpervious
surface.'
A county
may
allow
a property
owner
to exceed
the i
mpervious surface
standard
under
subds.
2. and
2m. provided
that
all of the following
require
ments
are
met:
NR 115.05(1)(e)3.a.
a. For lots or parcels
described
under
subd.
1. that exceed
the i
mpervious
surface
standard
under subd.
2. and
are not located
within
a high
ly
developed
shoreline
as defined
in subd.
2m.,
a coun
ty
may allow
more
than 15% i
mpervious
surface
but not
more
than 30% i
mpervious
surface
as calculated
under subd.
1m on the
lot or parcel.
NR 115.05(1)(e)3.b.
b. For lots or parcels
described
under
subd.
1. and lo
cated
within an area defined
by
coun
ty ordinance
as a high
ly
developed
shoreline
under
subd.
2m.,
a county
may
allow
more
than
30% i
mpervious
surface
but not
more
than
40% i
mpervious
surface
as calculated
under subd. 1m on the
lot or parcel
for properties
that have a residential
land use, or
more
than 40% i
mpervious
surface
but
not
more than 60% i
mpervious
surface
as calculated
under
subd.
1m. for properties
that
have a com
mercial, industrial
or business
land use.
NR 115.05(1)(e)3.c.
c. For lots or parcels
described
under
subd. 1 that exceed
the i
mpervious
surface
standard
under subds.
2. and
2m.,
but
do not
exceed
the
maxi
mum
impervious
surface
standard
under
subd.
3. a. or
b., the
county
shall issue
a per
mit
that
requires
a
mitigation
plan approved
by
the coun
ty
and i
mple
mented
by
the property
owner
by
the
date specified
in the
per
mit. The
mitigation
plan shall include enforceable
obligations
of the
proper
ty
owner
to establish
or
maintain
measures
that
the
coun
ty deter
mines
adequate
to offset
the i
mpacts
of the
i
mpervious
surface
on water
qualit
y,
near-shore
aquatic habitat,
upland
wildlife
habitat
and
natural
scenic
beaut
y. The
mitigation
measures
shall be proportional to the
a
mount
and i
mpacts
of the
i
mpervious
surface
being
per
mitted.
The obligations
of the proper
ty owner
under
the
mitigation
plan
shall be evidenced
by
an instru
ment
recorded
in the
office
of the
coun
ty register
of deeds.
NR 115.05(1)(e)3m.
3m. `Treated
i
mpervious
surfaces.'
A coun
ty
may
exclude
from the
calculation
under
subdivision 1
m.,
any
i
mpervious
surface
where the property
owner can
show
that runoff from the
i
mpervious
surface is treated
by
devices
such as stor
mwater
ponds,
constructed
wetlands,
infiltration
basins,
rain gardens, bio
swales
or other
engineered
syste
ms,
or that
the
runoff discharges
to internally
drained
pervious
area that
retains
the
runoff on the
parcel
to allow
infiltration
into the soil.
NR 115.05 Note
Note: A property owner may seek a variance to a dimensional standard of the county ordinance, for areas that e
xceed the ma
ximum impervious surface standard in subd. 3. and do not meet the provisions in subd. 3m. A county board of adjustment must review the request pursuant to s.
59.694 (7) (c), Stats., and applicable case law.
NR 115.05 Note
Note: Nothing in this paragraph shall be construed to supersede the setback provisions in par. (b). New structures must meet all setback provisions in the county shoreland ordinance unless the property owner obtains a variance from the County Board of Adjustment.
NR 115.05(1)(e)4.
4. `Existing
i
mpervious
surfaces.'
For e
xisting
i
mpervious
surfaces
that were lawful
ly
placed when constructed
but
that
do not co
mply
with the
standards
in subds.
2. and
3., the
property
owner
may
do a
ny of the
following
as long
as the
proper
ty
owner
does not increase
the percentage
of i
mpervious
surface that existed
on the effective
date of the
coun
ty
shoreland
ordinance:
NR 115.05(1)(e)4.b.
b. Replace
e
xisting
i
mpervious
surfaces
with si
milar
surfaces
within the existing
building
envelope.
NR 115.05(1)(e)4.c.
c. Relocate
or
modi
fy
existing
i
mpervious
surfaces
with si
milar
or different
i
mpervious
surfaces, provided
that
the
relocation
or
modification
meets
the applicable
setback
require
ments
in par.
(b).
NR 115.05 Note
Note: For example this provision would allow an existing at-grade patio to be removed and replaced with a new building, if the new building meets the shoreland setback requirements.
NR 115.05 Note
Note: Nothing in this paragraph shall be construed to supersede other provisions in county shoreland ordinances.
NR 115.05(1)(f)
(f) Height. To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, a county may not permit any construction that results in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.
NR 115.05(1)(g)1.1. `General rule for nonconforming uses.' Pursuant to ss.
59.69 (10) and
59.692 (2) (a), Stats., an ordinance enacted under those provisions may not prohibit the continuation of the lawful use of a building, structure or property, that exists when an ordinance or ordinance amendment takes effect, which is not in conformity with the provisions of the ordinance or amendment.
NR 115.05(1)(g)2.
2. `Nonconforming use of temporary structure.' The continuance of the nonconforming use of a temporary structure may be prohibited.
NR 115.05(1)(g)3.
3. `Discontinued nonconforming use.' If a nonconforming use is discontinued for a period of 12 months, any future use of the building, structure or property shall conform to the ordinance.
NR 115.05(1)(g)4.
4. `Maintenance of nonconforming principal structure.' An existing
principal
structure
that was lawfully
placed
when constructed
but
that does not
co
mply
with the
required
building
setback
under
par.
(b) 1. may
be
maintained
and
repaired
within its e
xisting
building
envelope.
Maintenance
and
repair
also includes
such
activities
as interior
re
modeling,
exterior re
modeling,
and
the
repla
ce
ment
or enhance
ment of plu
mbing
or electrical
systems,
insulation,
windows,
doors,
siding,
or roof within the e
xisting
building
envelope.
NR 115.05(1)(g)5.
5. `Expansion of nonconforming principal structure within the setback.' An existing
principal
structure
that was lawful
ly
placed when
constructed
but
that
does not
co
mply
with
the required
building
setback
under
par.
(b) 1. may
be expanded
lateral
ly
or vertical
ly,
provided
that all of the following
require
ments
are
met:
NR 115.05(1)(g)5.a.
a. The
use
of the structure
has not been
discontinued
for a period
of 12
months
or
more
if a nonconfor
ming
use.
NR 115.05(1)(g)5.b.
b. The existing principal structure is at least 35 feet from the ordinary high-water mark.
NR 115.05(1)(g)5.c.
c. Vertical
expansion
is li
mited
to the
height
allowed
in s.
NR 115.05 (1) (f) and
lateral
expansions
are li
mited
to a
maxi
mum
of 200
square
feet over the
life
of the structure.
No
portion of the expansion
may
be a
ny
closer
to the
ordinary
high
-water
mark than
the closest
point
of the existing
principal
structure.
NR 115.05(1)(g)5.d.
d. The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall include enforceable obligations of the property owner to establish or maintain measures that the county determines adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the expansion being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the county register of deeds.
NR 115.05 Note
Note: Other provisions include requirements such as impervious surface limitations.
NR 115.05(1)(g)5m.
5m. `Expansion of nonconforming principal structure beyond setback'. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under par.
(b) 1., may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements in par.
(b) 1., and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required under par.
(e) 3. NR 115.05(1)(g)6.
6. `Replacement
or relocation
of nonconfor
ming
principal
structure.'
An existing
principal
structure that was lawful
ly
placed
when
constructed
but
that
does not
co
mply
with
the
required
building
setback under par.
(b) 1. may
be replaced
or relocated
on the proper
ty
provided
all of the
following
require
ments are
met:
NR 115.05(1)(g)6.a.
a. The
use
of the structure
has not been
discontinued
for a period
of 12
months
or
more
if a nonconfor
ming
use.
NR 115.05(1)(g)6.b.
b. The existing principal structure is at least 35 feet from the ordinary high-water mark.
NR 115.05(1)(g)6.c.
c. No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.
NR 115.05(1)(g)6.d.
d. The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for replacement or relocation that will result in compliance with the shoreland setback requirement in par.
(b) 1. NR 115.05(1)(g)6.e.
e. The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the county register of deeds.
NR 115.05 Note
Note: Other provisions include requirements such as height and impervious surface limitations.
NR 115.05 Note
Note: Effective April 17, 2012,
2011 Wisconsin Act 170 created s.
59.692 (2m), Stats., which prohibits a county from enacting, and a county, city, or village from enforcing, any provision in a county shoreland or subdivision ordinance that regulates the location, maintenance, expansion, replacement, repair, or relocation of a nonconforming building if the provision is more restrictive than the standards for nonconforming buildings under ch.
NR 115.
NR 115.05(2)
(2) Establishment of land division review. Each county shall review, pursuant to s.
236.45, Stats., all land divisions in shoreland areas which create 3 or more parcels or building sites of 5 acres each or less within a 5-year period. In such review all of the following factors shall be considered:
NR 115.05(2)(a)
(a) Hazards to the health, safety or welfare of future residents.
NR 115.05(2)(e)
(e) Conformity to state law and administrative code provisions.
NR 115.05(3)
(3) Establishment of sanitary regulations. Each county shall adopt sanitary regulations for the protection of health and the preservation and enhancement of water quality.
NR 115.05(3)(a)
(a) Where public water supply systems are not available, private well construction shall be required to conform to ch.
NR 812.
NR 115.05(3)(b)
(b) Where a public sewage collection and treatment system is not available, design and construction of private sewage disposal systems shall, prior to July 1, 1980, be required to comply with ch.
SPS 383, and after June 30, 1980, be governed by a private sewage system ordinance adopted by the county under s.
59.70 (5), Stats.
NR 115.05(4)
(4) Adoption of administrative and enforcement provisions. The shoreland ordinance adopted by each county shall require all of the following:
NR 115.05(4)(a)
(a) The appointment of an administrator and such additional staff as the workload may require.
NR 115.05(4)(b)
(b) The creation of a zoning agency, as authorized by s.
59.69, Stats., a board of adjustment, as authorized by s.
59.694, Stats., and a county planning agency, as defined in s.
236.02 (1), Stats., and required by s.
59.692 (3), Stats.
NR 115.05(4)(c)
(c) A system of permits for all new construction, development, reconstruction, structural alteration or moving of buildings and structures. A copy of all applications shall be required to be filed in the office of the county zoning administrator.
NR 115.05(4)(d)
(d) Regular inspection of permitted work in progress to insure conformity of the finished structures with the terms of the ordinance.
NR 115.05(4)(e)
(e) A variance procedure which authorizes the board of adjustment to grant such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions and the adoption of the shoreland zoning ordinance, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, as long as the granting of a variance does not have the effect of granting or increasing any use of property which is prohibited in that zoning district by the shoreland zoning ordinance.
NR 115.05(4)(f)
(f) A special exception (conditional use) procedure for uses presenting special problems.
NR 115.05(4)(g)
(g) The county shall keep a complete record of all proceedings before the board of adjustment, zoning agency and planning agency.
NR 115.05(4)(h)
(h) Written
notice
to the appropriate
regional
office
of the
depart
ment
at least
10 da
ys prior to a
ny
hearing
on a propo
sed
variance,
special
exception
or conditional
use
per
mit,
appeal
for a
map
or text
interpretation,
map
or text
a
mend
ment,
and
copies
of all proposed
land divi
sions
sub
mitted
to the coun
ty
for review
under
sub.
(2).
NR 115.05(4)(hm)
(hm) Sub
mission
to the
appropriate
regional
office
of the
depart
ment,
within 10 da
ys after
grant or denial,
copies
of a
ny
decision
on a variance,
special
exception
or conditional
use
per
mit,
or appeal
for a
map
or text interpretation,
and
any
decision
to a
mend
a
map
or text of an ordinance.
NR 115.05(4)(i)
(i) Mapped zoning districts and the recording, on an official copy of such map, of all district boundary amendments.
NR 115.05(4)(j)
(j) The establishment of appropriate penalties for violations of various provisions of the ordinance, including forfeitures. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in s.
59.69 (11), Stats.
NR 115.05(4)(k)
(k) The prosecution of violations of the shoreland ordinance.
NR 115.05 History
History: Cr.
Register, July, 1980, No. 295, eff. 8-1-80; r. and recr. (2) (a) 3., am. (2) (a) 6., (2) (c) 3., 5., 7., 9., 10., (3) (d), (3) (e) 1. and cr. (2) (c) 11. and 12.,
Register, October, 1980, No. 298, eff. 11-1-80; correction in (5) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1995, No. 477; corrections in (2) (a) 1., (b) 2., (d), (e) 1. to 4. (intro.), 8. and 9., (3) (e) 1., (5) (b), (6) (b) and (j) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2000, No. 532;
CR 05-058: am. (title), r. (1) and (2), renum. (3) to (6) to be (1) to (4) and am. (1), (2) (intro.), (4) (intro.) and (h), cr. (4) (hm)
Register January 2010 No. 649, eff. 2-1-10; corrections in (1) (b) 1m. e., (5) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674; correction in (1) (g) 1. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2014 No. 697;
CR 13-051: am. (1) (c) 2. d., r. and recr. (1) (e), am. (1) (g) 4., 5. (intro.), a., c., 6. a., r. (1) (g) 6. f., 7., am. (4) (h), (hm)
Register September 2014 No. 705, eff. 10-1-14; corrections in (1) (e) made under s. 13.92 (4) (b) 7., Stats.,
Register September 2014 No. 705.
NR 115.06(1)(1)
Assistance to counties. To the full extent of its available resources, the department shall provide advice and assistance to counties in the development, adoption, administration and enforcement of their shoreland zoning and land division ordinances, seeking the highest practicable degree of uniformity consistent with the shoreland protection objectives found in s.
281.31, Stats. As a part of this effort, the department shall prepare a model shoreland zoning ordinance which counties may use in meeting the requirements of s.
59.692, Stats., and this chapter.
NR 115.06(2)
(2) Review and approval of shoreland zoning and land division ordinances. When determining whether a shoreland zoning or subdivision ordinance or any subsequent amendment enacted by a county complies with s.
59.692, Stats., the department shall compare the ordinance and amendments with the minimum standards and requirements for shoreland regulation in this chapter.
NR 115.06(2)(a)
(a) Initial ordinance. The department shall issue a certificate of compliance when a county has, in the opinion of the department, complied with s.
59.692, Stats., and this chapter.
NR 115.06(2)(b)
(b) Amendments to ordinance. The department and each county shall assure that the county shoreland ordinance continues to comply with this chapter by doing the following:
NR 115.06(2)(b)1.
1. `County duties.' A county shall keep its shoreland zoning and subdivision ordinances in compliance with s.
59.692, Stats., and this chapter by doing all of the following:
NR 115.06(2)(b)1.a.
a. A county
shall
a
mend
its shoreland
and
subdivi
sion
ordinances
to
meet
the
mini
mum standards
in this chapter
within two
years
after October 1, 2014.
NR 115.06 Note
Note: On September 12, 2010, the Secretary of the Department of Natural Resources signed an executive order extending the date by which a county must adopt or amend shoreland and subdivision ordinances to meet the revised standards in ch.
NR 115. The date was extended to February 1, 2014.
NR 115.06(2)(b)1.b.
b. Pursuant to s.
NR 115.05 (4) (h) and
(hm), a county shall provide the department notice of hearing on any proposed ordinance amendment and a copy of any decision denying or enacting an amendment.
NR 115.06(2)(b)2.a.a. The department may periodically reevaluate county shoreland zoning and subdivision ordinances for continuing compliance with s.
59.692, Stats., and this chapter.
NR 115.06(2)(b)2.b.
b. The department shall review any ordinance amendment enacted pursuant to subd.
1. a. and shall issue a certificate of compliance when the amended ordinance, in the opinion of the department, complies with s.
59.692, Stats., and this chapter.
NR 115.06(2)(c)
(c) Proposed amendments to shoreland-wetland districts. The department shall review all proposed amendments to shoreland-wetland zoning districts pursuant to s.
NR 115.04 (2) to determine whether an ordinance which is amended as proposed will comply with s.
59.692, Stats., and this chapter.
NR 115.06(3)(a)
(a)
Failure to enact initial ordinance or amendments. A county that does not have a shoreland zoning ordinance and subdivision ordinance in effect or that fails to amend its ordinance as required by sub.
(2) (b) 1. shall be deemed to be in noncompliance with s.
59.692, Stats., and this chapter. Pursuant to s.
59.692 (6), Stats., and after notice and hearing, the department shall adopt an ordinance if a county fails to do one of the following:
NR 115.06(3)(a)1.
1. Draft and enact shoreland and subdivision ordinances or required amendments within a time period specified by the department.
