Chapter NR 117

NR 117.05(2)(L) (L) The construction and maintenance of railroad lines provided that:

NR 117.05(2)(L)1. 1. Such lines cannot as a practical matter be located outside the wetland; and

NR 117.05(2)(L)2. 2. Any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d).

NR 117.05(2)(m) (m) The installation and maintenance of sealed tiles for the purpose of draining lands outside the shoreland-wetland zoning district provided that such installation or maintenance is done in a manner designed to minimize the adverse impact upon the natural functions of the shoreland-wetland listed under sub. (4) (d).

NR 117.05(2)(n) (n) The maintenance, repair, replacement, and reconstruction of existing county, city and village highways and bridges.

NR 117.05 Note Note: Activities affecting waters of the state as defined in s. 281.01 (18), Stats., which are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or approval requirements specified under s. 29.601, 30.11, 30.123, 30.195, 30.20, 59.692, 61.351, 62.231, 87.30 or chs. 281 to 285 or 289 to 299, Stats., except s. 281.48, Stats., if they are carried out in accordance with interdepartmental liaison procedures established by the department of natural resources and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity. However, at the earliest practical time prior to the commencement of these activities, the department of transportation is required to notify the department of natural resources of the location, nature and extent of the proposed work that may affect the waters of the state, under s. 30.2022, Stats.

NR 117.05(2)(o) (o) The maintenance and repair of existing non-agricultural drainage ditches, where permissible under s. 30.20, Stats., or of other existing non-agricultural drainage systems (such as tiling) to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is permissible under ch. 30, Stats., and that dredged spoil is placed on existing spoil banks where possible.

NR 117.05(3) (3) Prohibited uses in shoreland-wetland zoning districts. Any use not listed in sub. (2) is prohibited in a shoreland-wetland zoning district unless the wetland, or a portion thereof, is rezoned by amendment of the city or village shoreland-wetland zoning ordinance in accordance with s. 62.23 (7) (d) 2., Stats., and the procedures outlined in sub. (4).

NR 117.05(4) (4) Amending shoreland-wetland zoning regulations.

NR 117.05(4)(a) (a) Official amendments to the existing ordinance or zoning code are required for all changes to shoreland-wetland zoning regulations. Such amendments shall be made in accordance with the provisions of s. 62.23 (7) (d) 2., Stats.

NR 117.05(4)(b) (b) A copy of each proposed text or map amendment to shoreland-wetland zoning regulations shall be submitted to the appropriate district office of the department within 5 days of the submission of the proposed amendment to the city or village planning agency.

NR 117.05(4)(c) (c) All proposed text and map amendments to shoreland-wetland zoning regulations shall be referred to the city or village planning agency, and a public hearing shall be held as required by s. 62.23 (7) (d) 2., Stats. The appropriate district office of the department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.

NR 117.05(4)(d) (d) In order to ensure that the shoreland protection objectives in s. 281.31, Stats., will be accomplished by the city or village shoreland-wetland zoning ordinance or amendment, a city or village may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, if the proposed rezoning may result in a significant adverse impact upon any of the following:

NR 117.05(4)(d)1. 1. Storm and floodwater storage capacity;

NR 117.05(4)(d)2. 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;

NR 117.05(4)(d)3. 3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

NR 117.05(4)(d)4. 4. Shoreline protection against soil erosion;

NR 117.05(4)(d)5. 5. Fish spawning, breeding, nursery or feeding grounds;

NR 117.05(4)(d)6. 6. Wildlife habitat; or

NR 117.05(4)(d)7. 7. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

NR 117.05(4)(e) (e) If the department determines that the proposed rezoning may have a significant adverse impact upon any of the criteria listed in par. (d), the department shall notify city or village officials of its determination either prior to or during the public hearing held on the proposed amendment.

NR 117.05(4)(f) (f) The appropriate district office of the department shall be provided with:

NR 117.05(4)(f)1. 1. A copy of the recommendations and report, if any, of the city or village planning agency on the proposed text or map amendment within 10 days after the submission of those recommendations to the city council or village board; and

NR 117.05(4)(f)2. 2. Written notice of the city council’s or village board’s action on the proposed text or map amendment within 10 days after the action is taken.

NR 117.05(4)(g) (g) If the city council or village board approves the proposed amendment and the department determines, after review as required by s. NR 117.06 (2) (b), that the city or village shoreland-wetland zoning ordinance if so amended will no longer comply with requirements of s. 62.231 or 61.351, Stats., and this chapter, the department shall, after notice and hearing, adopt a complying ordinance for the city or village under s. 62.231 (6) or 61.351 (6), Stats.

NR 117.05(4)(h) (h) If the department has notified the city or village planning agency that a proposed amendment may have a significant adverse impact upon any of the criteria listed in par. (d), that proposed amendment, if approved by the city council or village board, may not become effective until more than 30 days have elapsed since written notice of the city council or village board approval was mailed to the department, as required by par. (f). If within the 30 day period, the department notifies the city council or village board that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the city or village under s. 62.231 (6) or 61.351 (6), Stats., the proposed amendment may not become effective until the ordinance adoption procedure under s. 62.231 (6) or 61.351 (6), Stats., is completed or otherwise terminated.

NR 117.05(5) (5) Nonconforming structures and uses.

NR 117.05(5)(a) (a) Notwithstanding s. 62.23 (7) (h), Stats., an ordinance or amendment adopted under s. 61.351, Stats., may not prohibit the repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure, or environmental control facility related to a legal nonconforming structure, in existence on the effective date of the shoreland-wetland zoning ordinance or amendment.

NR 117.05(5)(b) (b) Notwithstanding s. 62.23 (7) (h), Stats., an ordinance or amendment adopted under s. 62.231, Stats., may not prohibit the repair, reconstruction, renovation, remodeling or expansion of a legal nonconforming structure in existence on the effective date of the shoreland-wetland zoning ordinance or amendment, or of any environmental control facility in existence on May 7, 1982 related to that structure. Section 62.23 (7) (h), Stats., shall apply to any environmental control facility that was not in existence on May 7, 1982, but which was in existence on the effective date of the shoreland-wetland zoning ordinance or amendment.

NR 117.05(5)(c) (c) Every shoreland-wetland ordinance or amendment adopted under s. 62.231 or 61.351, Stats., and this chapter shall provide that:

NR 117.05(5)(c)1. 1. If a nonconforming use or the use of a nonconforming structure is discontinued for a period of 12 months, any future use of the property or structure shall conform to the requirements of the ordinance or amendment; and

NR 117.05(5)(c)2. 2. Any legal nonconforming use of property which does not involve the use of a structure and which exists at the time of the adoption or amendment of an ordinance adopted under s. 62.231 or 61.351, Stats., and this chapter may be continued although such use does not conform with the provisions of the ordinance. However, such nonconforming use may not be extended.

NR 117.05(5)(d) (d) The maintenance and repair of nonconforming boathouses which extend beyond the ordinary high-water mark of any navigable waters shall be required to comply with s. 30.121, Stats.

NR 117.05(6) (6) Adoption of administrative and enforcement provisions. Every shoreland-wetland zoning ordinance or zoning code containing shoreland-wetland zoning regulations adopted under s. 62.231 or 61.351, Stats., shall provide for:

NR 117.05(6)(a) (a) The appointment of a new administrator, or the designation of an existing official, and such additional staff as the workload may require, to administer the shoreland-wetland zoning regulations.

NR 117.05(6)(b) (b) The creation of a board of appeals under s. 62.23 (7) (e), Stats.

NR 117.05(6)(c) (c) A system for the issuance of land use or building permits for all new construction, reconstruction, structural alteration or moving of buildings and structures, and for other types of development, including the construction and reconstruction of roads. A copy of all applications shall be required to be filed in the office of the zoning administrator.

NR 117.05(6)(d) (d) Regular inspection of permitted work in progress to insure conformity of the finished building, structure or other development with the terms of the ordinance or zoning code.

NR 117.05(6)(e) (e) Maintenance of a record of all proceedings before the board of appeals and the city or village planning agency, including, at a minimum, minutes of the proceedings, copies of all exhibits and records of all official actions.

NR 117.05(6)(f) (f) Written notice to the appropriate district office of the department at least 10 days prior to hearings on proposed special exception (conditional use) permits which are required by the city or village under sub. (2) in a shoreland-wetland zoning district, appeals for map or text interpretations of shoreland-wetland zoning provisions, and map or text amendments to the shoreland-wetland zoning regulations.

NR 117.05(6)(g) (g) Submission to the appropriate district office of the department of copies of decisions on special exception (conditional use) permits in a shoreland-wetland district, appeals for map or text interpretations of shoreland-wetland zoning provisions, and map or text amendments to the shoreland-wetland zoning regulations within 10 days after the decision is made.

NR 117.05(6)(h) (h) Mapped zoning district boundaries and the recording, on an official copy of such map, of all district boundary amendments.

NR 117.05(6)(i) (i) The establishment of appropriate penalties for violations of various provisions of the shoreland-wetland zoning ordinance or amendment to an existing ordinance or zoning code, including forfeitures. The shoreland-wetland zoning ordinance or amendment to an existing ordinance or zoning code shall be enforceable by the city or village, or any adjacent or neighboring property owner who is or would be specially damaged by the violation, by the use of injunctions to prevent or abate violations, as provided for in s. 62.23 (7) (f) 2., Stats.

NR 117.05(6)(j) (j) The prosecution of violations of the shoreland-wetland zoning ordinance or amendment to an existing ordinance or zoning code.

NR 117.05 History History: Cr. Register, November, 1983, No. 335, eff. 12-1-83; correction in (4) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

NR 117.06 NR 117.06 Department duties.

NR 117.06(1) (1) Assistance to cities and villages. To the full extent of its available resources, the department shall provide advice and assistance to cities and villages in the development, adoption, administration and enforcement of shoreland-wetland zoning ordinances and amendments to existing ordinances or zoning codes, seeking the highest practicable degree of uniformity consistent with the shoreland protection objectives in s. 281.31, Stats. As a part of this effort, the department shall prepare model shoreland-wetland zoning ordinances which cities and villages may use in meeting the requirements of ss. 62.231 and 61.351, Stats., and this chapter.

NR 117.06(2) (2) Review and approval of shoreland-wetland zoning ordinances.

NR 117.06(2)(a) (a) Compliance with requirements of s. 62.231 or 61.351, Stats., will be determined by the department by comparing the shoreland-wetland zoning regulations which have been adopted by a city or village with the minimum standards for shoreland-wetland zoning regulations contained in s. NR 117.05. The department shall issue a certificate of compliance when a city or village has, in the opinion of the department, complied with s. 62.231 or 61.351, Stats., and this chapter.

NR 117.06(2)(b) (b) The department shall review all proposed amendments to shoreland-wetland zoning regulations under s. NR 117.05 (4) (e), to ensure that an ordinance or zoning code which is amended as proposed will retain its status of compliance with s. 62.231 or 61.351, Stats., and this chapter.

NR 117.06(3) (3) Determination of noncompliance. Cities and villages which do not have shoreland-wetland zoning regulations in effect within 6 months after receipt of final wetland inventory maps for that city or village shall be deemed to be in noncompliance with s. 62.231 or 61.351, Stats., and this chapter. Cities and villages which have shoreland-wetland zoning regulations that do not meet the minimum standards contained in s. NR 117.05 shall also be deemed to be in noncompliance with the requirements of s. 62.231 or 61.351, Stats., and this chapter. If a city or village fails to adopt an ordinance or modify its existing ordinance or zoning code to meet the minimum standards in s. NR 117.05 within 6 months after receipt of final wetland inventory maps for that city or village, the department shall adopt an ordinance or amendment to an existing ordinance or zoning code for the city or village after notice and hearing under s. 62.231 or 61.351, Stats. All costs for such action by the department shall be borne by the noncomplying city or village.

NR 117.06(4) (4) Monitoring.

NR 117.06(4)(a) (a) It is the responsibility of the department to:

NR 117.06(4)(a)1. 1. Monitor the administration and enforcement of city and village shoreland-wetland zoning regulations in order to fulfill the state’s role as trustee of navigable waters.

NR 117.06(4)(a)2. 2. The department shall periodically reevaluate city and village shoreland-wetland zoning regulations to ascertain continuing compliance with s. NR 117.05. Every city and village shall keep its shoreland-wetland zoning regulations current, effective and enforceable to retain its status of compliance.

NR 117.06(4)(b) (b) The department may initiate enforcement under s. 87.30 (2), Stats., if it finds that a city or village has not adequately enforced its shoreland-wetland zoning regulations.

NR 117.06 History History: Cr. Register, November, 1983, No. 335, eff. 12-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.