NR 117.01NR 117.01 Purpose. The purpose of this chapter is to establish minimum standards for city and village shoreland-wetland zoning ordinances to accomplish the shoreland protection objectives of s. 281.31, Stats. Cities and villages are required by ss. 62.231 and 61.351, Stats., to adopt shoreland-wetland zoning ordinances within 6 months after receipt of final wetland inventory maps, which have been prepared by the department under s. 23.32, Stats.

NR 117.01 HistoryHistory: Cr. Register, November, 1983, No. 335, eff. 12-1-83; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

NR 117.02(1)(1) The provisions of this chapter are applicable to the adoption, administration and enforcement of city and village shoreland-wetland zoning ordinances adopted under ss. 62.231 and 61.351, Stats. Unless specifically exempted by law, all cities and villages, towns, counties and, when s. 13.48 (13), Stats., applies, state agencies are required to comply with, and obtain all necessary permits, under local shoreland-wetland zoning ordinances.

NR 117.02(2)(2) If a city or village ordinance adopted under s. 62.23, 61.35 or 87.30, Stats., affecting wetlands in a shoreland area is more restrictive than an ordinance enacted under s. 62.231 or 61.351, Stats., affecting the same lands, it continues to be effective in all respects to the extent of the greater restrictions, but not otherwise.

NR 117.03(1)(1) “City planning agency” means a city plan commission created under s. 62.23 (1), Stats., a board of public land commissioners created under s. 27.11, Stats., or a committee of the city council which acts on matters pertaining to city planning.

NR 117.03(3)(3) “Environmental control facility” means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

NR 117.03(5)(5) “Floodplain” means the land which has been or may be covered by flood water during the “regional flood,” as that term is defined in s. NR 116.03. The floodplain includes the floodway and the flood fringe.

NR 117.03(7)(7) “Navigable water” or “navigable waters,” as defined in s. 281.31 (2) (d), Stats., means Lake Superior, Lake Michigan, all natural inland lakes within this state and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692, Stats., and this chapter or a wetland zoning ordinance required under s. 61.351 or 62.231, Stats., and this chapter does not apply to lands adjacent to farm drainage ditches if:

NR 117.03 NoteNote: In Muench v. Public Service Commission, 261 Wis. 492 (1952), the Wisconsin Supreme Court held that a stream is navigable in fact if it is capable of floating any boat, skiff or canoe of the shallowest draft used for recreational purposes. In DeGayner and Co., Inc. v. Department of Natural Resources, 70 Wis.2d 936 (1975), the court also held that a stream need not be navigable in its normal or natural condition to be navigable in fact. The DeGayner opinion indicates that it is proper to consider artificial conditions, such as beaver dams, where such conditions have existed long enough to make a stream useful as a highway for recreation or commerce, and to consider ordinarily recurring seasonal fluctuations, such as spring floods, in determining the navigability of a stream.

NR 117.03(8)(8) “Ordinary high-water mark” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

NR 117.03 NoteNote: Where the bank or shore of any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high-water mark.

NR 117.03(9)(9) “Shorelands”, as defined in s. 59.692 (1) (b), Stats., means the area within the following distances from the ordinary high-water mark of navigable waters, as defined in s. 281.31 (2) (d), Stats.:

NR 117.03(9)(a)(a) One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake, this distance shall be measured from the high-water mark of the lake.

NR 117.03 NoteNote: The water level in a glacial pothole lake may remain above the“ordinary high-water mark” several years after flooding, resulting in a“high-water mark” which is above the “ordinary high-water mark.” However, there would be no practical difference between the “high-water mark” of a glacial pothole lake and the “ordinary high-water mark” of a glacial pothole lake where the effects of such flooding are no longer evident.

NR 117.03(10)(10) “Special exception (conditional use)” means a use which is permitted by a zoning ordinance provided that certain conditions specified in the ordinance are met and that a permit is granted by the board of appeals or, where appropriate, the city or village planning agency or governing body.