§ 46-43. Amendments to shoreland C-1 districts.  


Latest version.
  • (a)

    The village shall transmit a notice of any change (text or map) in the shoreland portion of the C-1 lowland conservancy district to the state department of natural resources (DNR). Notice requirements shall be as follows:

    (1)

    A copy of every petition for a text or map change mailed within five days of filing with the clerk.

    (2)

    At least ten days prior notice of any public hearing on a shoreland C-1 zoning amendment.

    (3)

    Notice of a plan commission recommendation no later than ten days following the recommendation.

    (4)

    Notice of a village board decision no later than ten days following the decision.

    (b)

    No wetland in the shoreland portion of a C-1 district shall be rezoned if the rezoning may result in a significant adverse impact on stormwater or floodwater storage capacity; maintenance of dry season streamflow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery of feeding grounds; wildlife; habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.

    (c)

    If the DNR has notified the plan commission that an amendment to the C-1 district may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the village board, shall contain the following provision:

    "This amendment shall not take effect until more than 30 days have elapsed since written notice of the village board's approval of this amendment was mailed to the state department of natural resources. During the 30-day period, the state department of natural resources may notify the village board that it will adopt a superseding shoreland ordinance for the village pursuant to Wis. Stats. § 61.351. If the department does so notify the village board, the effect of this amendment shall be stayed until the Wis. Stats. § 61.351 adoption procedure is completed or otherwise terminated."