What are the “shorelands?” The shorelands are defined as those lands within 1,000 feet of a lake, pond or flowage and those lands within 300 feet of a river or stream.
Why do we regulate land uses within the shorelands?
Sawyer County regulates land uses within the shorelands because: (1) Wisconsin Statute 59.692 Zoning of Shorelands on Navigable Waters, states that each county shall adopt a zoning ordinance regulating all shorelands in its unincorporated area and (2) Sawyer County recognizes an even greater responsibility to prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building site locations and land uses and to preserve shoreline cover and natural beauty. The lakes, rivers, streams and flowages of Sawyer County are invaluable and irreplaceable natural resources. Their protection is mandated not only by law (the Public Trust Doctrine) but also by common sense.
The introductory paragraph to the County’s shoreland zoning ordinance clearly states the responsibility that the County has accepted for the regulation of its navigable waters.
Uncontrolled use of the shorelands and pollution of the navigable waters of Sawyer County would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The legislature of Wisconsin has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by Sawyer County, Wisconsin.
How do we regulate land uses within the shorelands?
The regulation of land uses within the shorelands is accomplished through the County’s “Shoreland Zoning Ordinance.” This is not a separate zoning ordinance, but rather it is integrated into the Sawyer County Zoning Ordinance as Section 4.4 SHORELAND REGULATIONS.
What is regulated by the County’s Shoreland Zoning Ordinance.
The Shoreland Zoning Ordinance regulates many activities that could have an adverse impact on water quality and habitat if abused. Among the most critical regulated activities are:
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Minimum building and structure setbacks from navigable waters and wetlands.
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Why regulate? Minimum setbacks minimize disturbance of the shoreline, reduce the opportunity for runoff into the waterway and screen structure from the waterway.
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Activities that take place within 35 feet of a lake, river, stream, pond or flowage.
It helps to envision this area as a strip of land 35 feet wide that parallels the shoreline. This area is commonly referred to as the shoreline vegetation protection area, buffer zone, buffer area or buffer strip. The zoning ordinance specifically states that within 35’ of the lake, with very few exceptions, the removal of trees, shrubs and ground cover, mowing, and filling, grading and other land disturbing activities are prohibited. Typical exceptions include the establishment of use corridors for access to the waterway, removal of dead and diseased trees, removal of noxious vegetation and the creation and maintenance of watercraft launching sites.
Why regulate? Protecting the buffer zone enhances the preservation of the trees, shrubs and ground cover thereby controlling runoff from buildings and impervious surfaces and provides habitat for birds and wildlife.
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Land disturbance within the shorelands.
Land disturbing activities are defined as construction, grading, filling, dredging, ditching, excavating or other activities which result in the temporary or permanent removal of vegetative cover. Typical examples are construction activities on steep slopes, the creation of boat landings, access roadways and paths. Basically, if soil is newly exposed and visible, a land disturbing activity has occurred.
Land disturbing activities that exceed 10,000 square feet in area and are within 300 feet of a waterway require the prior issuance of a land use permit by the Zoning Department. Other land disturbing activities not requiring a permit may still take place provided that they are conducted in such a manner designed to minimize erosion, sedimentation and the impairment of fish and wildlife habitat. Typical minimization techniques are the installation of silt fencing, straw bale barriers, berms, retention ponds and seed and mulch.
Why regulate? Uncontrolled land disturbance can result in sedimentation, erosion and the depositing of material into adjacent water bodies, thus destroying both shore land habitat and wildlife and aquatic habitat and species.