§ 13-2-38. Amending shoreland-wetland zoning regulations.

The village board may, from time to time, alter, supplement or change the district boundaries and the regulations contained in this chapter in accordance with the requirements of section 62.23(7)(d)2, Wis. Stats. [Wis. Stats. § 62.23(7)(d)2)], Ch. NR 117, Wis. Adm. Code [Wis. Admin. Code ch. NR 117], and the following:

(a)

A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the department within five days of the submission of the proposed amendment to the village planning agency.

(b)

All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held as required by section 62.23(7)(d)2, Wis. Stats [Wis. Stats. § 62.23(7)(d)2)]. The appropriate district office of the department shall be provided with written notice of the public hearing at least ten days prior to such hearing.

(c)

In order to insure that the shoreland protection objectives in section 144.26, Wis. Stats. [Wis. Stats. § 281.31], will be accomplished by the amendment, the village board may not rezone a wetland in a shoreland-wetland zoning district, or any portion thereof, where 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 or 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)

Areas of special recreational scenic or scientific interest, including scarce wetland types and habitat of endangered species.

(d)

Where the district office of the department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in subsection (c) of this section, the department shall so notify the village of its determination either prior to or during the public hearing held on the proposed amendment.

(e)

The appropriate district office of the department shall be provided with:

(1)

A copy of the recommendations and report, if any, of the municipal planning agency on the proposed text or map amendment within ten days after the submission of those recommendations to the village board; and

(2)

Written notice of the village board's action on the proposed text or map amendment within ten days after the action is taken.

(f)

If the department notices the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in subsection (c) of this section, that proposed amendment, if approved by the village board, may not become effective until more than 30 days have elapsed since written notice of the village board approval was mailed to the department, as required by subsection (e) of this section. If, within the 30 days period, the department notifies the village board that the department intends to adopt a superseding shoreland-wetland zoning ordinance for the village under section 62.231(6) and 61.351(6), Wis. Stats. [Wis. Stats. §§ 62.231(6) and 61.351(6)], the proposed amendment may not become effective until the ordinance adoption procedure under section 62.231(6) and 61.351(6), Wis. Stats. [Wis. Stats. §§ 62.231(6) and 61.351(6)], is completed or otherwise terminated.

(Code 1990, § 13-2-38)