§ 44-203. Boat houses and other structures within shoreland setback.  


Latest version.
  • (a)

    (NR115.05(1)(b)1.) Unless exempt under subsection (b), or reduced under section 44-204, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.

    (b)

    Exempt structures. (NR 115.05(1)(b)1m.) All of the following structures are exempt from the shoreland setback standards in section 44-203:

    (1)

    Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor.

    a.

    Construction or placing of boathouses beyond the ordinary high-water mark of any navigable waters shall be prohibited.

    b.

    Boathouses shall be designed and constructed solely for the storage of boats and related equipment and shall not be used for human habitation.

    c.

    One boathouse is permitted on a lot as an accessory structure.

    d.

    Boathouses shall be square or rectangular in shape.

    e.

    On lakes less than 600 acres and on navigable streams, boathouses shall be one story in height, sidewalls shall not exceed ten feet in height and the roof pitch shall be 4/12. On Lake Winnebago, boathouses shall be one story in height, sidewalls shall not exceed 14 feet in height and the roof pitch shall be 4/12.

    f.

    At least one boat access door with a minimum width of seven feet wide shall be provided on the side of the boathouse that faces the water.

    g.

    Patio style, French doors or similar doors shall not be allowed on a boathouse.

    h.

    Indoor plumbing shall not be allowed in a boathouse.

    i.

    Decks and patios are prohibited adjacent to boathouses. The roof of a boathouse may be used as a deck provided that:

    1.

    The boathouse has a flat roof.

    2.

    The roof has no side walls or screens.

    3.

    The roof may have a railing that meets the department of safety and professional services.

    j.

    No boathouse shall exceed 520 square feet on lakes less than 600 acres and navigable streams and no boathouse shall exceed 864 square feet on Lake Winnebago.

    k.

    Eaves on the boathouse shall not exceed outward more than two feet from the sidewall, excluding gutters.

    l.

    Boathouses shall not be of pole building type construction.

    m.

    Boathouses shall not have dormers.

    (2)

    Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in Wis. Stats. § 59.692(1v).

    a.

    The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary-high water mark.

    b.

    The floor area of all the structures in the shoreland setback area will not exceed 200 square feet.

    c.

    The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides.

    d.

    The county must approve a plan that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70 percent of the half of the shoreland setback area that is nearest to the water.

    e.

    An enforceable affidavit must be filed with the register of deeds prior to construction, acknowledging the limitations on vegetation.

    (3)

    Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.

    (4)

    Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with ch. SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure.

    (5)

    Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 60-inches in width.

( Res. of 8-16-16 , Att.; Res. of 2-13-18(2) )