§ 44-55. Rezoning of lands in the shoreland-wetland district.

NR 115.04(2)

(a)

For all proposed text and map amendments to the shoreland-wetland provisions of this chapter, the appropriate office with the Department shall be provided with the following:

(1)

A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this chapter, within five days of the filing of such petition with the county clerk. Such petition shall include a copy of the Wisconsin Wetland Inventory map adopted as part of this chapter describing any proposed rezoning of a shoreland-wetland;

(2)

Written notice of the public hearing to be held on a proposed amendment at least ten days prior to such hearing;

(3)

A copy of the county zoning agency's findings and recommendations on each proposed amendment within ten days after the submission of those findings and recommendations to the county board; and

(4)

Written notice of the county board's decision on the proposed amendment within ten days after it is issued.

(b)

A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:

(1)

Storm and flood water storage capacity;

(2)

Maintenance of dry season stream flow, 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;

(3)

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

(4)

Shoreline protection against soil erosion;

(5)

Fish spawning, breeding, nursery or feeding grounds;

(6)

Wildlife habitat; or

(7)

Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in NR 103.04.

(c)

If the department notifies the county zoning agency that a proposed text or map amendment to the shoreland-wetland provisions of this chapter may have a significant adverse impact upon any of the criteria listed in section 44-55(b) of this chapter, that amendment, if approved by the county board, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed after written notice of the county board's approval of this amendment is mailed to the Department of Natural Resources. During that 30-day period the Department of Natural Resources may notify the county board that it will adopt a superseding shoreland chapter for the county under Wis. Stats. § 59.692(6). If the department does so notify the county board, the effect of this amendment shall be stayed until the Wis. Stats. § 59.692(6) adoption procedure is completed or otherwise terminated."

( Res. of 8-16-16 , Att.)