12.09.020 Tree cutting, shrubbery clearing and impervious surface (8/6/02).
(a) To protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation, the County ordinance shall designate land that extends from the ordinary high water mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone except as follows:
1. The County may allow routine maintenance of vegetation.
2. The County may allow removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors. The viewing corridor may be at least 35 feet wide for every 100 feet of shoreline frontage. The viewing corridor may run contiguously for the for the entire maximum width or shoreline frontage owned.
3. The County may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with “generally accepted forestry management practices” as defined in s. NR 1.25 (2) (b), and described in Department publication “Wisconsin Forest Management Guidelines” (publication FR-226); provided, that vegetation removal be consistent with these practices.
4. The County may allow removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard; provided, that any vegetation removed be replaced by replanting in the same area as soon as practicable.
5. The County may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit shall require that all management activities comply with detailed plans approved by the County and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area that meets the standards found in section 12.09.100 (Mitigation). The permit also shall require an enforceable restriction to preserve the newly restored area.
(b) Impervious Surface. Impervious surface standards were established to protect water quality and fish and wildlife habitat and to protect against pollution of navigable waters. County impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface on a riparian lot or parcel and any nonriparian lot or parcel that is located entirely within 300 feet of the ordinary high-water mark of any navigable waterway.
1. Calculation of Percentage of Impervious Surface. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark by the total surface area of that lot or parcel, and multiplied by 100. Impervious surfaces described in section 12.09.020(b)(2)(d) shall be excluded from the calculation of impervious surface on the lot or parcel. If an outlot lies between the ordinary high water mark and the developable lot or parcel and both are in common ownership, the lot or parcel and the outlot shall be considered one lot or parcel for the purposes of calculating the percentage of impervious surface.
a. Impervious Surface Standard for Highly Developed Shorelines. For properties on shorelands of highly developed lakes including:
Voltz Lake | Powers Lake |
Silver Lake | Lily Lake |
Camp Lake | Center Lake |
Rock Lake | Cross Lake |
Benedict Lake | Benet Lake |
Montgomery Lake | Hooker Lake |
Shangri-La Lake |
A property owner is allowed up to 30% for residential land use and up to 40% for commercial, industrial or business land uses.
b. General Impervious Surface Standards. A shoreland property owner not on a highly developed shoreland listed in 12.09.020(b)(1)(a) shall be allow up to 15% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
2. Maximum Impervious Surface Standard.
a. A property owner in a highly developed shoreland listed in 12.09.020(b)(1)(a) may have more than 30% impervious surface but not more than 40% impervious surface for residential land uses. For commercial, industrial or business land uses a property owner may have more than 40% impervious surface but not more than 60% impervious surface.
b. For properties where the general impervious surface standard applies under section 12.09.020(b)(1)(b), a property owner may have more than 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
c. For properties that exceed the standard under 12.09.020(b)(2)(a) and (b) but do not exceed the maximum standard under 12.09.020(b)(2)(a) and (b) a zoning permit can be issued for development with an approved shoreland permit that details the mitigation plan that meets the standards found in section 12.09.100 (Mitigation), unless exempt under 12.09.020(b)2(f).
d. Treated Impervious Surfaces. Impervious surfaces that can be documented to demonstrate they meet either of the following standards shall be excluded from the impervious surface calculations under section 12.09.020(b)(1):
1) The impervious surface is treated by devices such as storm water ponds, constructed wetlands, infiltration basins, rain gardens, bio-swales or other engineered systems.
2) The runoff from the impervious surface discharges to an internally drained pervious area that retains the runoff on or off the parcel and allows infiltration into the soil, such as pervious pavement.
e. Existing Impervious Surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in section 12.09.020(b) or the maximum impervious surface standard in section 12.09.020(b)(2), the property owner may do any of the following:
1) Maintain and repair the existing impervious surfaces;
2) Replace existing impervious surfaces with similar surfaces within the existing building envelope;
3) Relocate or modify an existing impervious surface with similar or different impervious surface; provided, that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the County shoreland ordinance, and the impervious surface meets the applicable setback requirements.
4) The impervious surface standards in this ordinance shall not be construed to supersede other provisions in the County shoreland ordinance. All of the provisions of the County shoreland ordinance still apply to new or existing development.
f. Vegetated Buffer Exemptions. In accordance with the provisions of ch. 59.692(1f) Wis. Stats. This ordinance shall not require a person to do any of the following:
1) Establish a vegetative buffer zone on previously developed land;
2) Expand an existing vegetative buffer zone. [Code § 12.18-2.]