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HomeMy WebLinkAboutOrdinance 1996 (398) ORDINANCE AMENDING SECTION 17.29, ST. CROIX COUNTY ZONING CODE, FILLING AND GRADING IN OR NEAR NAVIGABLE BODIES OF WATER Ordinance No. 0 q St. Croix County, Wisconsin The St. Croix 'County Board of Supervisors does ordain as follows: WHEREAS, section 1729 regulates filling and grading of a bed of a navigable body of water and on certain slopes landward of a navigable body of water; and WHEREAS, the County has experienced increasingly situations where water levels in lakes are rising and landowners have filled or graded to prevent the rising water from reaching farther onto their property, often resulting in runoff into, pollution and /or sedimentation of the lake; and WHEREAS, this situation cannot be regulated under the current zoning ordinance; and WHEREAS, amending the zoning ordinance as follows will allow landowners to protect their property and prevent runoff, pollution and /or sedimentation by requiring environmentally sound methods of control to be used. THEREFORE, Section 17.29(1) is amended as follows: Subsection (a) - No change. Subsection (b) - New section: Erosion control practices, including but not limited to silt fences, hay bales and seeding (see "Wisconsin Construction Site Handbook "), shall be utilized when necessary to prevent excessive runoff, sedimentation or pollution of a navigable body of water until the site has been stabilized. Subsection (c) is old subsection (b): Filling, grading, lagooning, dredging, ditching or excavating in a shoreland- wetland district may be permitted only if the requirements of §17.34(3)(b) are met. Section 17.29(2) is hereby repealed and recreated as follows: (2) RESTRICTIONS ON FILLING AND GRADING. (a) There shall be no filling or grading of any area at or below the Ordinary High Water Mark of a navigable body of water without first obtaining a special exception permit from the Board of Adjustment . Such a permit shall not be granted until any state permit required by the Department of Natural Resources has been obtained. (b) There shall be no filling or grading of any area that is inundated or likely to be inundated with water above the Ordinary High Water Mark without first obtaining a filling or grading permit from the County Zoning Administrator. The County Zoning Administrator shall be subject to the standards of *17.70(7), relating to the granting of special exceptions, when considering a request. His /her decision is appealable to the Board of Adjustment. (c) The provisions of par. (a) above shall also apply to any filling or grading of any area which has surface drainage toward and is within 300 ft. horizontal distance of a navigable body of water if there will be: 1. Any filling or grading of slopes of more than 20% . 2. Filling or grading of more than 1,000 sq. ft. on slopes of 12 -20 %. 3. Filling or grading of more than 2,000 sq. ft. on slopes of less than 12% . Dated this l -)r day of �Y , 1996. Offered by: Planning & Development Committee NEGATIVE AFFIRMATIVE .. .oUZJ , r /4.11/ STATE OF WISCONSIN COUNTY OF ST. CRO0C I. Sue E. Nelson, St. Crobr County auk, DO HEREBY CERTIFY that the foregoing is a true and coned copy of adopted by the County Board of CupsMsas attheirmeetir .gald 1 � t -I, / C i Sue E. ha3s:.A. St Croix Ccunly Clerk