NR 117.05(2)(j)1.1. Such lines cannot as a practical matter be located outside the wetland; and
NR 117.05(2)(j)2.2. Any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a matter designed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d).
NR 117.05 NoteNote: Major electrical generating facilities and high-voltage transmission lines that have obtained a certificate of public convenience and necessity under s. 196.491, Stats., are not subject to the requirements of local ordinances.
NR 117.05(2)(k)(k) The construction and maintenance of roads which are necessary for the continuity of the city street system, necessary for the provision of essential utility and emergency services, or necessary to provide access to uses permitted under this subsection, provided that:
NR 117.05(2)(k)1.1. The road cannot, as a practical matter, be located outside of the wetland;
NR 117.05(2)(k)2.2. The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland listed under sub. (4) (d);
NR 117.05(2)(k)3.3. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
NR 117.05(2)(k)4.4. Road construction activities are carried out in the immediate area of the roadbed only; and
NR 117.05(2)(k)5.5. Any filling, flooding, draining, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the road.
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 NoteNote: 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.