15.670 Shoreland-Wetland Zoning.

(1) Statutory Authorization, Findings of Fact, Statement of Purpose and Title.

(a) Statutory Authorization. The ordinance codified in this section is adopted pursuant to the authorization in Wis. Stat. §§ 62.23 and 62.231 for cities and Wis. Stat. §§ 87.30 and 281.31 for counties.

(b) Finding of Fact and Purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the City would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

1. Promote the public health, safety, convenience and general welfare;

2. Maintain the storm and flood water storage capacity of wetlands;

3. Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

4. Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;

5. Prohibit certain uses detrimental to the shoreland-wetland area; and

6. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earth moving activities.

(2) Definitions.

(a) For the purposes of administering and enforcing this section, the terms or words used herein shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word shall is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

(b) The following terms used in this section shall have the following meanings:

Accessory structure or use means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Boathouse, as defined in Wis. Stat. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of structural parts.

Class 2 public notice means publication of a public hearing notice under Wis. Stat. Ch. 985 in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.

Conditional use means a use which is permitted by this section; provided, that certain conditions specified in the ordinance are met and that a permit is granted by the City Plan Commission.

Department means the Wisconsin Department of Natural Resources.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

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 pollution, 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 supplement or replace other pollution control facilities.

Fixed houseboat, as defined in Wis. Stat. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, 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. Under Wis. Stat. § 281.31(2m), notwithstanding any other provisions of law or administrative rule promulgated thereunder, shoreland ordinances required under Wis. Stat. § 61.351 or 62.231, and Wis. Admin. Code NR 117, do not apply to lands adjacent to farm drainage ditches if:

A. Such lands are not adjacent to a natural navigable stream or river;

B. Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and

C. Such lands are maintained in nonstructural agricultural use.

Note: “Wisconsin’s Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this State though it may be dry during other seasons.”

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 characteristic.

Planning Agency means the City Plan Commission created under Wis. Stat. § 62.23(1) and under MMC 3.050.

Shorelands means lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Shoreland-Wetland District means the zoning district, created in this section, comprised of shorelands that are designated as wetlands on the Wetland Inventory Maps which have been adopted and made a part of the ordinance codified in this section.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setback, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this section.

Variance means an authorization granted by the Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this section.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

(3) General Provisions.

(a) Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the City shall be in full compliance with the terms of this section and other applicable local, State or Federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.

(b) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of State highways and bridges by the Wisconsin Department of Transportation are exempt when Wis. Stat. § 30.12(4)(a) applies.

(c) Abrogation and Greater Restrictions.

1. This section supersedes all the provisions of any City zoning ordinance enacted under Wis. Stat. § 61.35, 62.23 or 87.30 which relate to floodplains and shoreland-wetlands, except that where another City zoning ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

2. This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(d) Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this section is required by a standard in Wis. Admin. Code NR 117, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wis. Admin. Code NR 117 standards in effect on the date of the adoption of the ordinance codified in this section or in effect on the date of the most recent text amendment to this section.

(e) Severability. Should any portion of this section be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this section shall not be affected.

(f) Annexed Areas. For all areas annexed by the City after May 7, 1992, the Manitowoc County shoreland zoning provisions in effect on the date of annexation remain in effect, but shall be administered by the City. These annexed lands are described on the City’s Official Zoning District Map. The Manitowoc County shoreland zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the City Plan Commission.

(4) Shoreland-Wetland Zoning District.

(a) Shoreland-Wetland Zoning Maps. The following maps are hereby adopted and made part of this section and are on file in the office of the City Plan Commission:

1. Only that part of the Wisconsin Wetland Inventory Maps stamped “FINAL” on December 11, 1991, and located within the shorelands area as defined in subsection (2)(b) of this section;

2. Floodplain zoning maps titled “Federal Flood Insurance Rate Maps” and the City’s “Floodplain Delineation Maps,” in effect March 10, 1992; and

3. United States Geological Survey maps dated 1954.

(b) District Boundaries.

1. The Shoreland-Wetland Zoning District includes all wetlands in the City which are five acres or more and are shown on the final Wetland Inventory Map that has been adopted and made part of this section and which are:

A. Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the City shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section; or

B. Within 300 feet of the ordinary high-water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this section. Floodplain zoning maps adopted in subsection (4)(a)(2) of this section shall be used to determine the extent of floodplain areas.

2. Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department of Natural Resources for a final determination of navigability or ordinary high-water mark.

3. When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the City’s official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department of Natural Resources to determine if the Shoreland-Wetland District boundary, as mapped, is in error. If the Department of Natural Resources staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors or acknowledge exempted wetlands designated in subsections (4)(b)(4) and (5) of this section, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.

4. Filled Wetlands. Wetlands which are filled prior to December 11, 1991, the date on which the City received final Wetland Inventory Maps, in a manner which affects their wetland characteristics to the extent that the area can no longer be defined as wetland, are not subject to this section.

5. Wetlands Landward of a Bulkhead Line. Wetlands located between the original ordinary high-water mark and a bulkhead line established prior to May 7, 1982, under Wis. Stat. § 30.11 are not subject to this section.

(c) Permitted Uses. The following uses are permitted subject to the provisions of Wis. Stat. Chs. 30 and 31, and the provisions of other local, State and Federal laws, if applicable:

1. Activities and uses which do not require the issuance of a zoning permit; provided, that no wetland alteration occurs:

A. Hiking, fishing, trapping, hunting, swimming, snowmobiling and boating;

B. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;

C. The practice of silviculture, including the planting, thinning and harvesting of timber;

D. The pasturing of livestock;

E. The cultivation of agricultural crops; and

F. The construction and maintenance of duck blinds.

2. Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:

A. The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;

B. The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;

C. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil; provided, that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;

D. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;

E. The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;

F. The installation and maintenance of sealed tiles and/or storm sewers 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 adverse impacts upon the natural functions of the shoreland-wetland listed in subsection (7)(a)(3) of this section; and

G. The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, or reconstruction.

3. Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below:

A. The construction and maintenance of roads which are necessary for the continuity of the City’s street system, the provision of essential utility and emergency services or to provide access to uses permitted under this subsection (4)(c); provided, that:

i. The road cannot, as a practical matter, be located outside the wetland;

ii. The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in subsection (7)(a)(3) of this section;

iii. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;

iv. Road construction activities are carried out in the immediate area of the roadbed only; and

v. Any wetland alteration must be necessary for the construction or maintenance of the road.

B. The construction and maintenance of nonresidential buildings; provided, that:

i. The building is used solely in conjunction with a use permitted in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;

ii. The building cannot, as a practical matter, be located outside the wetland;

iii. The building does not exceed 500 square feet in floor area; and

iv. Only limited filling and excavating necessary to provide structural support for the building is allowed.

C. The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife preserves and public boat launching ramps; provided, that:

i. Any private development allowed under this subsection shall be used exclusively for the permitted purpose;

ii. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures is allowed;

iii. The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meets the criteria in subsection (4)(c)(3)(A) of this section; and

iv. Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.

D. The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines; provided, that:

i. The utility transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland;

ii. Only limited filling or excavating necessary for such construction or maintenance is allowed; and

iii. Such construction or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland listed in subsection (7)(a)(3) of this section.

(d) Prohibited Uses.

1. Any use not listed in subsection (4)(c) of this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment of this section in accordance with subsection (7) of this section.

2. The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high-water mark of any navigable waters are prohibited.

(5) Nonconforming Structures and Uses.

(a) The active and actual use of a building, structure or property which existed at the time the ordinance codified in this section, or an applicable amendment to the ordinance codified in this section, took effect and which is not in conformity with the provisions of this section, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:

(b) The shoreland-wetland provisions of this section authorized by Wis. Stat. § 62.231 shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions, or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to Wis. Stat. § 62.23(7)(h), which limits total lifetime structural repairs and alteration to not more than 50 percent of current assessed value.

(c) If a nonconforming use or the use of a nonconforming structure is discontinued or abandoned for a period of 365 consecutive calendar days from a date specified by the Director of Building Inspection, any future use of the building, structure or property shall conform to this section.

(d) Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of the ordinance codified in this section adopted under Wis. Stat. § 61.351 or 62.231 may be continued although such use does not conform with the provisions of this section. However, such nonconforming use may not be extended.

(e) The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of Wis. Stat. § 30.121.

(f) Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(6) Administrative Provisions.

(a) Zoning Administrator. The Director of Building Inspection is appointed Zoning Administrator for the purpose of administering and enforcing this section. The Zoning Administrator shall have the following duties and powers:

1. Advise applicants as to the provisions of this section and assist them in preparing permit applications and appeal forms;

2. Issue permits and certificates of compliance and inspect properties for compliance with this section;

3. Keep records of all permits issued, inspections made, work approved and other official actions;

4. Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties;

5. Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within 10 working days after they are granted or denied, to the appropriate district office of the Department of Natural Resources; and

6. Investigate and report violations of this section to the City Plan Commission and the City Attorney.

(b) Zoning Permits.

1. When Required. Unless another subsection of this section specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development, as defined in subsection (2)(b) of this section, or any change in the use of an existing building or structure is initiated. Zoning permits are not required where conditional uses as described in subsection (4)(c)(3) of this section have been approved by the City Plan Commission and Common Council.

2. Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the City and shall include, for the purpose of proper enforcement of these regulations, the following information:

A. General Information.

i. Name, address, and telephone number of applicant, property owner and contractor, where applicable;

ii. Legal description of the property and a general description of proposed use or development; and

iii. Whether or not a private water supply or sewage system is to be installed.

B. Site Development Plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:

i. Dimensions and area of the lot;

ii. Location of any structures with distances measured from the lot lines and center lines of all abutting streets or highways;

iii. Description of any existing or proposed on-site sewage systems or private water supply systems;

iv. Location of the ordinary high-water mark of any abutting navigable waterways;

v. Boundaries of all wetlands;

vi. Existing and proposed topographic elevations and drainage features and vegetative cover;

vii. Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

viii. Location of existing or future access roads; and

ix. Specifications and dimensions for areas of proposed wetland alteration.

3. Expiration. All permits issued under the authority of this section shall expire 18 months from the date of issuance.

(c) Certificates of Compliance.

1. Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator subject to the following provisions:

A. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this section;

B. Application for such certificate shall be concurrent with the application for a zoning or conditional use permit; and

C. The certificate of compliance shall be issued within 10 working days after notification of the completion of the work specified in the zoning or conditional use permit, providing the building or premises and proposed use thereof conform with all the provisions of this section.

2. The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the Common Council.

3. Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of ordinance adoption, certifying after inspection the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this section.

(d) Conditional Use Permit. (See MMC 15.370(27)).

(e) Board of Appeals.

1. The Board of Appeals created by MMC 15.550 shall have the following powers and duties under this section:

A. Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this section; and

B. May authorize upon appeal a variance from the dimensional standards of this section where an applicant convincingly demonstrates:

i. That literal enforcement of the terms of this section will result in unnecessary hardship for the applicant;

ii. That the hardship is due to special conditions unique to the property; and is not self-created or based solely on economic gain or loss;

iii. That such variance is not contrary to the public interest as expressed by the purpose of this section; and

iv. That such variance will not grant or increase any use of property which is prohibited in the zoning district.

2. Appeals to the Board. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the City affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board of Appeals, by filing with the official whose decision is in question, and with the Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.

3. Public Hearings. Before making a decision on an appeal or application, the Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Wis. Stat. Ch. 985 specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney. A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department of Natural Resources within 10 working days after the decision is issued.

(7) Amending Shoreland-Wetland Zoning Regulations.

(a) The Common Council may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of Wis. Stat. § 62.23(7)(d)(2), Wis. Admin. Code NR 117, and the following:

1. A copy of each proposed text or map amendment shall be submitted to the appropriate district of the Department of Natural Resources within five working days of the submission of the proposed amendment to the City Plan Commission;

2. All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the City Plan Commission, and a public hearing shall be held after Class 2 notice as required by Wis. Stat. § 62.23(7)(d)(2). The appropriate district office of the Department of Natural Resources shall be provided with written notice of the public hearing at least 10 working days prior to such hearing;

3. In order to ensure that this section will remain consistent with the shoreland protection objectives of Wis. Stat. § 281.31, the Common 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:

A. Storm and flood water storage capacity;

B. 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;

C. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;

D. Shoreline protection against erosion;

E. Fish spawning, breeding, nursery or feeding grounds;

F. Wildlife habitat; or

G. Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.

4. Where the district office of the Department of Natural Resources determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (7)(a)(3) 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;

5. The appropriate district office of the Department shall be provided with:

A. A copy of the recommendation and report, if any, of the City Plan Commission on a proposed text or map amendment, within 10 working days after the submission of those recommendations to the Common Council; and

B. Written notice of the action on the proposed text or map amendment within 10 working days after the action is taken.

6. If the Department of Natural Resources notifies the City Plan Commission in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (7)(a)(3) of this section, that proposed amendment, if approved by the Common Council, shall not become effective until more than 30 days have elapsed since written notice of the City’s approval was mailed to the Department of Natural Resources as required by subsection (7)(a)(5)(B) of this section. If, within the 30-day period, the Department of Natural Resources notifies the City that the Department of Natural Resources intends to adopt a superseding shoreland-wetland zoning ordinance for the City as provided by Wis. Stat. §§ 62.231(6) and 61.351(6), the proposed amendment shall not become effective until the ordinance adoption procedure under Wis. Stat. § 62.231(6) or 61.351(6) is completed or otherwise terminated.

[Ord. 16-741 § 16, 2016; Ord. 11-430 § 35, 2011. Prior code § 15.67]