CHAPTER
3
City
of
(Please
note this online copy is FOR REFERENCE ONLY! – Please see the official copy at
City Hall before proceeding with any shoreland
related development)
Sec.
These
provisions are adopted under the authority of Sections 281.31 and 62.23 of
Wisconsin Statutes.
The purpose
of the Shorelands Regulations is to insure the proper
management and development of the Shorelands of all
navigable lakes, ponds, flowages, rivers and streams in the incorporated areas
of the City of Shell Lake. The intent of
these regulations is to further the maintenance of safe and healthful
conditions: prevent and control water pollution; protect spawning grounds for
fish and aquatic life; control building sites, placements of structures, and
land uses; and preserve shore cover and natural beauty. For those reasons development and
alterations, which may affect the natural functioning of the shorelands of the City of Shell Lake shall be controlled
and regulated.
Sec. 13-3-2
Areas to be regulated
(a) The shorelands area shall be considered as those lands within
one thousand (1,000) feet of the
ordinary high-water mark(*1) of any navigable
lake, pond, or flowage, and those lands within three hundred (300) feet
of the ordinary high-water mark of any navigable river or stream, or to the
landward side of the floodplain, whichever is greater.
(b) All
lands within the shoreland area shall be placed
within one of the zoning districts listed in Article C of Title 13 chapter 1,
in accordance with its best use, efficiency, and general continuity with
existing land uses. Uses within the shorelands area shall conform to the requirements of
respective zoning districts and in addition, each use and property shall be
subject to the requirements listed within this article and the City of
(c) 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 office
of the Department of Natural Resources for a final determination on
navigability or ordinary high-water mark.
Sec.13-3-3
Greater Restrictions
Shoreland management
provisions of this ordinance supersede less restrictive provisions of any City
ordinance, deed restriction, private covenant, or easement and shall be applied
in addition to any other such requirements.
Sec. 13-3-4
Shoreline, Drainageway and Wetland Setbacks
For all
properties located within the shoreland areas, the
following setback requirements shall apply:
(a) All buildings and structures shall be set
back from the ordinary high-water mark of navigable waters as required by the
table of dimensional standards in Section 13-3-17. Such setback shall be measured from the most
waterward projection of a structure to all points
along the ordinary high-water mark. When
the class setback is greater than 75 feet and there are existing principal
structures of at least 750 square feet in area on adjoining lots, the setback
may be reduced to the average of the adjacent principal structures but not to
less than 75 feet.
(b) The
following structures are exempted from shoreline, drainageway
and wetland setback requirements:
(1) Shoreline protection structures
permitted by the Department of Natural Resources;
(2) Piers, boat hoists, public boat ramps, fences
with open construction, and TV satellite dishes one (1) meter or less in
diameter. Boathouses, permanent boat
shelters, retaining walls, TV satellite dishes greater than one (1) meter in
diameter, and accessory buildings of any size are prohibited.
(3) Elevated pedestrian walkways and
stairways essential to access the shore because of steep slopes or wet soils
and which comply with the provisions of Section 13-3-8 (c). Such stairways or walkways may be no more
than five (5) feet in width and landings may not exceed fifty (50) square feet.
(4) Erosion control structures designed to
remedy significant, existing erosion that cannot otherwise be controlled
provided the design of the structure is approved by the Zoning Administrator.
(c) All buildings and structures shall be set
back at least ten (10) feet from the high-water mark(*3)
of non-navigable streams and drainageways. Roadways, recreational trails and pedestrian
walkways shall be permitted to cross non-navigable streams and drainageways provided such construction allows for the free
passage of waters and that runoff is controlled so as to prevent erosion and
transport of sediment and pollutants to nearby waters.
(d) All
buildings and structures except for those permitted to be located within shoreland wetlands regarding wetland protection standards
shall be set back at least 25 feet landward from the boundary of mapped
wetlands. This setback area is subject
to the provisions of City of Shell Lake Shoreland
Wetland Zoning Code Title 13 Chapter 2.
Sec. 13-3-5
Shoreline Setback Nonconformities
(a)
Replacements and additions to nonconforming principle structures may not exceed
50% of the assessed fair market value over the life of the structure in
accordance with State Statute 62.23 (7)h.
(b) Nonconforming
accessory structures; All nonconforming accessory
structures are limited to ordinary maintenance and repair (no improvement or
expansion).
(c)
Nonconforming Principal structures;
(1) Nonconforming principal structures less
than 40 feet from the ordinary high-watermark are permitted ordinary
maintenance and repair. Expansion is not
permitted except by variance. Such
structures may be improved internally provided;
a. The existing structure includes at
least 750 square feet of enclosed living space;
b. No more than 25% of the structural
members of the existing external walls and roof are modified or replaced
(allows matching of existing roof lines);
c. internal improvement is confined to
the building envelope (i.e. no new basements, additional stories, lateral
expansion or accessory construction outside of the perimeter of existing
enclosed dwelling space are permitted but replacement of windows, doors,
roofing and siding and upgrading of the insulation of a structure are
permitted); and
d. A
variance granting any expansion shall meet the mitigation requirements of
Section 13-3-5(e).
(2) Nonconforming principal structures
40-75 feet from the ordinary high- water
mark are permitted ordinary maintenance and repair. Such structures may be improved and expanded
provided:
a. The existing structure includes at
least 750 square feet of enclosed living space;
b. The addition may not exceed 50% of
the assessed fair market value over the life of the structure.
c. Additions are located on the
landward side of the structure except where prevented by a roadside or rear
yard setback in which case the addition may be located no closer to the water
body than the existing structure
d. Limitations on land disturbing
activities in Section 13-3-11 are observed; and
e. The mitigation requirements of
Section 13-3-5(e) are implemented.
(3) Nonconforming principal structures
greater than 75 feet from the ordinary high-water mark (class 3 waters) are
permitted ordinary maintenance and repair.
Such structures may be improved and expanded provided:
a. The existing structure includes at
least 750 square feet of enclosed, habitable living space;
b. The addition may not exceed 50% of
the assessed fair market value over the life of the structure.
c. Additions are located on the
landward side of the structure except where prevented by a roadside or rear
yard setback in which case the addition may be located no closer to the water
body than the existing structure.
d. Limitations on land disturbing activities
in Section 13-3-11 are observed; and
e. The mitigation requirements of
Section 13-3-5(e) are implemented.
(d)
Nonconforming structures that are located in more than one setback zone shall
comply with the standards of the more restrictive zone.
(e)
Mitigation is required to compensate for lost shore buffer area functions when
nonconforming structures are improved or expanded within the shore setback area
and is required when the enclosed living space of conforming principal structure is
expanded by more than 50 percent, or when the principal structure is removed
and replaced with a principal structure of equal size or larger. A person proposing such improvement or
expansion shall submit a mitigation plan and implementation schedule for
approval by the Zoning Administrator.
The plan shall meet the following:
(1) The City of Shell Lake Shoreline Buffer
Mitigation Standards
(2) The associated privately owned
wastewater treatment system must be evaluated and upgraded as appropriate
(DCOMM 83.055(3) (b) (1&3).
(3) Native vegetation and water quality
protection functions of the shore buffer area must be restored to the extent
practicable in accordance with the City of Shell Lake Shoreline Buffer
Mitigation Standards
(4) Nonconforming accessory structures must
be removed from the shore setback area.
(5) Standard erosion and storm water runoff
control measures must be implemented.
(f)
Notwithstanding the previous subsections, nonconforming structures in the Shoreland zone which are damaged or destroyed by violent
wind, vandalism, fire or flood may be reconstructed provided:
(1) Damage, which is due to an intentional
act of the owner, may only be repaired in conformity with the ordinance.
(2) The owner must establish the specific
extent of damage to a structure and its improvements.
(3) Repair and reconstruction are limited
to that part of a structure and its specific improvements which were actually
damaged and similar building materials are employed;
(4) Repair and reconstruction are in
compliance with all other provisions applicable ordinances;
(5) The mitigation requirements of Section
13-3-5(e) are implemented.
(6.) Boathouses: The maintenance and repair of nonconforming
boathouses that extend waterward beyond the ordinary
high-water mark of any navigable waters shall comply with the requirements of
s. 30.121, Stats.
Sec. 13-3-6
Nonconforming Shoreland Lots
(a)Nonconforming
as to Lot Dimension or Area
A lot that
does not meet dimensional standards described in Section 13-3-17 may be used as
a building site if:
(1) The parcel was legally created and
recorded prior to the date of this amendment on October 21, 2004;
(2) The proposed use is permitted in the
zoning district; and
(3) All other dimensional requirements of this
ordinance will be complied
with.
(b)
Nonconforming as to Lot Width
An
undeveloped waterfront lot which is nonconforming as to lot width at the
ordinary high-water mark and setback line but which has the required area may
be divided and developed provided:
(1) The remaining back lot complies with
all applicable ordinance provisions; and
(2) A minimum side yard of 10 feet and
total side yard of 25 feet are maintained and all other applicable ordinance
requirements are met.
(c) Reduced
Roadway and Shoreline Setbacks for Undeveloped Nonconforming Lots
(1) The roadway setback for an undeveloped
nonconforming waterfront lot may be reduced until a 30 foot deep building site
is established provided the resulting road setback is not less than two thirds
(2/3) of the required road setback.
If the roadway setback reduction in Section
13-3-6(c) (1) does not provide a 30 foot deep building site, the shoreline
setback may then be reduced until a 30 foot deep building site is established
provided the resulting shoreline setback is no less than sixty-five (65) feet
on Shell Lake and seventy-five (75) feet on all Class 3 waters. In such case the water quality, habitat and
natural beauty protection functions of the remaining shoreline buffer area
shall be reestablished or enhanced to compensate for the setback reduction.
(d) Other
Substandard Lots
Except for
lots which meet the requirements of, Section 13-3-17, a building permit for the
improvement of a lot having lesser dimensions than those required by the
standards for the district in which the lot is located shall be issued only
after granting of a variance by the Shell Lake Board of Appeals.
Sec. 13-3-7 Shoreland Setback Conformities
Mitigation
is required when a new conforming principal structure is built on lots
containing lake frontage.
Sec 13-3-8 Shoreline Vegetation Protection Area
The area
extending from the ordinary high water mark to a line that is 40 feet less than
the required shoreline setbacks is called the Vegetation Protection Area or
Buffer Zone. Mowing of previously
established lawn areas and pruning of trees and shrubs on developed lots is
permitted unless mitigation requirements apply.
The removal of live trees, shrubs and ground cover and other land
disturbing activities are prohibited with the following exceptions.
(a)
Establishment of one viewing corridor for each lot by pruning and selective
removal of trees and shrubbery. Clear
cutting, grading and other land disturbing activities are not permitted (except
in the viewing corridor). Sufficient
trees and shrubbery shall be retained to screen development from view from the
water but provide a filtered view of the water.
The viewing corridor shall be more or less perpendicular to the shore,
no more than 30 feet wide in the dimension paralleling the shore and shall be
setback at least 10 feet from side lot lines.
The 30 foot wide corridor shall be reduced in width proportionally for
lots that have less than 100 feet of water frontage.
(b)
Construction of a pier, temporary boat shelter(*4) or
boatlift. Placement shall be confined to
waters immediately adjacent the viewing corridor described in Section 13-3-8
(a) unless such location is not feasible due to steep slopes, wet soils or
similar limiting conditions.
(c) One
pedestrian access pathway to the shoreline provided:
(1) It is located within the viewing
corridor unless such location is not feasible due to steep slopes, wet soils or
similar limiting conditions;
(2) It is located and constructed so as to
avoid erosion;
(3) It is the minimum construction
necessary to provide access and includes no additional construction other than
railings essential for safety;
(4) It is no more than five (5) feet wide
and
(5) It is constructed of materials, which
blend with the natural ground cover in the vicinity of the pathway.
(d) An
elevated walkway or powered lift may be substituted for a pedestrian access
pathway if:
(1) It is the minimum construction
essential to access the shore because of steep slopes, wet soils or similar limiting
conditions;
(2) It complies with the standards for
location and construction of such pathways; and
(3) Construction plans are approved by the
Zoning Administrator.
(e)
Shoreline protection activities authorized by a state permit and erosion control
measures approved by the Washburn County Planning, Land and Resource Management
Department which are designed to remedy significant, existing erosion problems.
(f) Removal
of dead and diseased trees which are a safety hazard or which endanger
structures and the removal of exotic invasive species(*5)
and noxious vegetation which poses a threat to health or safety, (i.e., poison
ivy, purple loosestrife etc.).
(g) Roadways
adjacent to permitted stream crossings.
(h) Public
and private watercraft launching sites provided they comply with the following
standards and are authorized as a conditional use:
(1) Construction on slopes steeper than 20%
over a 50 foot horizontal distance is prohibited;
(2) An access site on a residential
property cannot be approved if an alternative site on the waterway is available
to the general public;
(3) Paving of access sites on residential
properties cannot be approved;
(4) Access sites shall be located within
the viewing corridor unless such location is not feasible due to steep slopes,
wet soils or similar limiting conditions:
(5) A State Chapter 30 permit shall be
obtained for all construction below the ordinary high-water mark, and;
(6) Vegetation removal and land disturbing
activities shall be minimized and runoff shall be diverted or controlled so
that erosion within the access corridor is avoided.
(7) Established Municipal Park, Municipal
Campground and Public Accesses
(i) Fish and wildlife habitat management projects included
in a Department of Natural Resources approved management plan restoration of
native vegetation by areas exposed by fluctuating water levels.
(j)
Commercial timber harvest is exempted from the provisions of this Section
related to the vegetation protection area and land disturbing activities if:
(1) Such lands are located in a
Agricultural-Forestry (A-1) Zoning District; and
(2) Such activity complies with appropriate
practices specified in
(3) Public lands (State, County, or
Federal): The Washburn County Forest ten
year management plan and respective master plans are deemed to meet the intent
of this Ordinance in as much as these plans establish riparian protection
standards through aesthetic management zones and appropriate management
practices to maintain water quality and wildlife habitat.
(k) Agricultural
cultivation is exempted from the provisions of this Section related to the
vegetation protection area and land disturbing activities if:
(1) Such lands are located in a
Forestry-Agricultural Zoning District
(l) Required
shoreland restoration shall follow the Shell Lake
Shoreline Buffer Mitigation Standards.
(m)
Sec. 13-3-9
Fertilizer Use
Fertilizers
use in shore yards limited. Fertilizers
containing phosphorus shall not be applied to the soil within the shore setback
(75' on Shell Lake and all streams and 100' on all other lakes) area unless
specifically recommended in a plan approved by the Washburn County Planning,
Land and Resource Management Department.
Sec. 13-3-10
Filling, Grading, and Ditching
Filling,
grading, lagooning, dredging, ditching, or excavating
which does not require a permit under Section 13-3-11 may be permitted in the shorelands area provided that:
(a) It is
done in a manner designed to minimize erosion, sedimentation, and impairment of
fish and wildlife habitat.
(b) All
applicable federal, state, and local authority is obtained in addition to a
permit under this Ordinance.
(c) Any fill
placed in the shoreland areas is protected against
erosion by the use of riprap, vegetative cover, or bulkhead.
(d) Fill
placed in floodplain(*6) areas (lands below elevation
1226' mean sea level (msl) on
(1) Existing structures in floodplains -
Only fill required under the city Floodplain Ordinance to elevate or flood
protect an existing structure is permissible within the floodplain.
(2) New development in floodplains -
Filling for new development in floodplains is prohibited if the lot contains a buildable site that is located above the regional flood
elevation of 1226' msl on Shell Lake or out of the
floodplain in other lakes.
(3)Filling within 10 feet of the foundation
of a building to conduct runoff away from the building is permissible.
(4)Filling and grading to stabilize shoreland areas may be allowed provided it is done in
accordance with a plan approved by the Washburn County Planning, Land and
Resource Management Department.
Sec.
Land
Disturbing Activities
(a)
Notification Required
Where
proposed land disturbing activities will expose more than 2,000 square feet,
the Zoning Administrator shall be notified of a project at least ten (10) working
days prior to its commencement. The
Zoning Administrator shall respond within the ten (10) day period.
(b) Land
disturbing activities, which expose between 2,000 and 10,000 square feet
If the
project involves land disturbing activities which expose between 2,000 and
10,000 square feet, the property owner shall provide a proposed plan that shall
indicate the best management practices specified in the manual for construction
site erosion published by the Wisconsin Department of Natural Resources, which
are applicable to the project. The
Zoning Administrator will review the proposal and may make additional changes
to the plan as deemed necessary and shall notify the property owner that if
such practices are implemented no permit will be required for the project. However, should any sediment or deleterious
substance be discharged to any waterway or wetland as a result of such
activities, the Zoning Administrator shall direct the responsible parties to
perform such actions as are necessary to remove the discharge, restore the site
to its former condition and fully repair any environmental damage.
(c) Slopes
of 12-40% or land disturbing activities, which expose more than 10,000 square
feet
If the
project involves land disturbing activities which expose more than 10,000
square feet cumulatively in a calendar year on slopes of 12-40%, the property
owner shall provide a storm water management and erosion control plan. The Zoning Administrator will review the plan
and may make additional changes to the plan as deemed necessary. Slope shall be computed as the total change
in elevation over any 50-foot horizontal distance, which includes the
construction site. A plan may be
approved if appropriate best management practices specified in the manual for
construction site erosion control published by the Wisconsin Department of
Natural Resources are employed in addition to the following standards and such
other requirements as the Zoning Administrator judges to be necessary to
accomplish the objectives of this ordinance.
(1) The area of soil exposed and duration
of exposure shall be minimized;
(2) Prior to site clearing the construction
zone shall be fenced to confine heavy equipment operation and land disturbing
activities;
(3) Prior to site clearing, berms, swales or other appropriate techniques shall be
employed to divert runoff away from exposed soils until they are stabilized by
vegetation or other means;
(4) Excavated materials shall be confined
by filter fabric, fencing or other appropriate means until they are employed as
backfill, final grading materials or are otherwise permanently stabilized;
(5) Fill shall not be deposited in any
floodplain, wetland or outside the designated and fenced construction without
proper written authorization;
(6) Post construction runoff shall be
infiltrated or stored to prevent erosion and sediment transport; and
(7) Upland slopes and artificial
watercourses shall be stabilized according to accepted engineering standards.
If the
applicant and the Zoning Administrator cannot agree on an acceptable plan, the
applicant may apply to the Shell Lake Plan Commission for a conditional use
permit. . The standards listed above
shall apply in addition to other requirements related to approval or denial of
a conditional use permit.
(d) Slopes in excess of 40%
On slopes in
excess of 40%, land disturbing activities are prohibited on shorelands
that have surface drainage toward surface waters.
Sec. 13-3-12
Permit Conditions
In granting
a Grading Permit, the Zoning Administrator shall consider the following
standards:
(a) Ground
shall be exposed for as short a time as feasible.
(b)
Temporary ground cover (mulch or jute netting, etc.) shall be used and
permanent vegetative cover shall be established.
(c)
Diversion berms or bales, silting basins, terraces,
filter fabric fencing, and other methods shall be used to prevent erosions.
(d) Fill
shall be stabilized according to accepted engineering standards.
(e) Filling
shall comply with the Shell Lake Floodplain Ordinance, and shall not restrict a
floodway or destroy the flood storage capacity of a floodplain.
(f) Channels
or artificial water courses shall be constructed with side slopes of two (2)
units horizontal distance to (1) unit vertical or flatter which shall be
promptly vegetated, unless bulkheads or riprap are provided.
(g) Where
wetlands are being filled, the Zoning Administrator shall consider the
standards in Title 13 Chapter 2 (Shoreland Wetland
Zoning Code) before granting or denial of the permit.
Sec.
The use of waterfront lots to provide deeded
access to back lots is specifically prohibited in all districts that allow
single-family residential use. No land
division shall be recorded and no zoning permit shall be issued for a
waterfront parcel unless the minimum lot area, width and water frontage are
provided for each dwelling unit which is or proposed to be located on the
waterfront property or located on a back lot where the owner has a deeded
interest in the waterfront property.
Sec. 13-3-14
Minimum Shoreland Lot Dimensional Requirements
(a) Minimum Shoreland Lot Area
(1) Each lot shall include a minimum area.
(2) The minimum lot width shall extend over
the entire portion of the lot used to compute minimum lot area.
(3) Any portion of a lot which is less than
30 feet in width and any easement or combination of adjacent easements which
are greater than 20 feet wide shall not be considered in determining minimum
lot area. Utility easements used
exclusively to service the subject lot and conservation easements are excluded
from this requirement.
(b) Minimum Buildable Area
In every
district, except those designated exclusively for open space uses, each lot
created after October 21, 2004 shall contain at least 10,000 contiguous square
feet of buildable area. Portions of a lot designated for privately
owned wastewater treatment systems or where construction of buildings and
related infrastructure is precluded by the provisions of federal, state, or
county regulations shall not be included in computing buildable
area.
(c) Minimum Shoreland Lot Width
(1) Each shoreland
lot shall conform to a minimum lot width.
(2) Lot width shall be measured both at the
ordinary high-water mark and at the shore setback line.
(3) Lot width at the ordinary high-water
mark shall be measured both as a straight line connecting points where a lot’s
side lot lines intersect the ordinary high-water mark and as the length of a
chord which is perpendicular to a side lot line where it intersects the ordinary
high-water mark and terminates at the opposite side lot line.
(d) Minimum
Side yards
All
structures except for fences, common access roadway and public utility
structures for service to a lot shall be set back from side lot lines to provide
a side yard as specified for each zoning district. The side yard requirement for the Lakeshore
Districts shall include a minimum side yard for either side and a total side
yard, which is the sum of the side yards required for both sides.
(e) Lot Coverage
At least 60%
of every lot that is located within 500 feet of any water body or drainage way
shall be maintained in vegetative cover (i.e. impervious surfaces shall be
limited to no more that 40% of the lot area).
Sec. 13-3-15
Classification of Waters
Waters in
the Shell Lake City limits and Washburn County waters are classified into three
(3) classes. Class 3 waters are those
that are most vulnerable and include, all lakes that
score nine (9) or less on the Washburn County Waters Classification Report, any
named lake not listed, all unnamed lakes, and all rivers and streams. The City
of Shell Lake Contains class 1 and class 3 waters (see table of dimensional
standards 13-3-17).
Class 2
waters are those that are moderately vulnerable, scoring from 10-12 on the
Washburn County Waters Classification Report.
There are no Class 2 waters in the Shell Lake City limits.
Class 1
waters are those that are least vulnerable, scoring from 13-17 on the Washburn
County Waters Classification Report.
Navigable Waters
in Washburn County are classified as described in the Washburn County Waters
Classification Report accepted March 17, 1998.
Sec. 13-3-16
Water Class Development Standards
All
development shall comply both with the general development standards of this
ordinance which apply throughout the shoreland and
with the class development standards of this section.
Sec.
|
Table
of Dimensional Standards |
||
|
Standard |
Water
class |
|
|
|
Class
1 Shell Lake |
Class
3 Round, Little Ripley & Chain Lakes & all
rivers & streams |
|
Min. lot area |
30,000 sq. ft. |
3 acres |
|
Min. lot width |
150 ft. |
300 ft. |
|
Min. side yard |
10 ft. one side &
25 ft. total both sides for principal structure. 3 ft. for accessory structures |
|
|
Min. front/road yard |
25 ft. |
|
|
Min. shoreline setback |
75 ft. |
100
ft. on lakes/75 ft. on rivers & streams |
|
Shoreline vegetation protection area |
No disturbance
within 35 ft. of shoreline with specified exceptions. Mowing of pre-established
lawns is permitted unless mitigation is required. |
No disturbance
within 60 ft. of shoreline on lakes & 35 ft. on rivers & streams with
specified exceptions. Mowing of pre-established lawns is
permitted unless mitigation is required. |
|
Min. wetland setback |
25 ft. |
|
|
Min. drainageway
setback |
10 ft. |
|
Sec.13-3-18 Definitions
*1 On Shell
Lake the Ordinary High Water Mark (OHWM) is established at elevation 1221.8 ft.
MSL as established in 1994. This line shall be re-established using a
combination of the following; site specific physical evidence, the waterline as
shown on the digital orthophotos of Washburn County
of May, 1996 (Shell Lake water elevation of 1222.0 nominal), and the elevation
of 1221.8 MSL NAVD 29-83 as referenced to bench mark number 1436A elevation
1223.94 MSL. On all other waters within
the jurisdiction of this ordinance, the ordinary high water mark of the water
body as that term is defined in Wisconsin case law as means “the point on the
bank or shore where the presence, wave action or flow, leaves a distinct mark
on the shore or bank.”
*2 “Mitigation” means action taken to minimize
the adverse impacts of development. The term “mitigation” includes, but is not
limited to, the installation of vegetative buffers, the removal of
nonconforming structures from the shoreland setback
area, and the implementation of best management practices for erosion control
or storm water management.
*3 “The
high-water mark” means the mark left by water at its highest level. Note (NR117): 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.
*4 “Boat
shelter” means a structure in navigable waters designed and constructed for the
purpose of providing cover for a berth place for watercraft, which has a roof
but does not have walls or sides. Such a
structure may include a device for lifting a boat [s. 30.01 (1c), Stats. & NR 325].
*5 “Exotic
and invasive species” Wisconsin Manual of Control Recommendations for
Ecologically Invasive Plants, Bureau of Endangered Resources, Wisconsin
Department of Natural Resources.
*6
“Floodplain” of Shell Lake means all lands located below elevation 1226 MSL
NAVD 29-83 as referenced to benchmark number 1436A elevation 1223.94 MSL. All other lakes within the city limits, the
floodplain means that area identified as floodplain on the Federal Emergency
Management Floodplain Map.