Chapter 17.92
WETLAND PRESERVATION DISTRICT
Sections:
17.92.060 Municipalities and state agencies regulated.
17.92.080 Wetland preservation district.
17.92.100 Nonconforming structures and uses.
17.92.110 Administrative provisions.
17.92.120 Amendments to regulations.
17.92.130 Abrogation and greater restrictions.
17.92.150 Violations—Enforcement and penalties.
17.92.010 Authorization.
These regulations are adopted by the council pursuant to the authorization contained in Sections 62.23, 62.231, 87.30 and 144.26, Wisconsin Statutes, and Wisconsin Administrative Code NR 117. (Prior code § 17.395(1)(a))
17.92.020 Purpose.
The purpose of these rules is to:
A. Promote the public health, safety, convenience and general welfare;
B. Maintain the stormwater and floodwater storage capacity of wetlands;
C. Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals and organic compounds that would otherwise drain into navigable waters;
D. Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
E. Prohibit certain uses detrimental to wetland area;
F. Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling wetland excavation, filling and other earth-moving activities. (Prior code § 17.395(1)(b))
17.92.030 Title.
This chapter shall be known as, referred to or cited as the wetland preservation district of Brookfield, Wisconsin. (Prior code § 17.395(1)(h))
17.92.040 Definitions.
For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as follows: words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word “shall” is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. The following terms used in this chapter shall have meanings, as follows:
“Accessory structure or use” means a detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.
“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
“Drainage system” means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
“Environmental control facility” means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.
“Navigable waters” means Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters which are navigable under the laws of this state. Under Section 144.26(2)(d), Wisconsin Statutes, notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland sections required under Sections 61.351 and 62.231, Wisconsin Statutes, and Wisconsin Administrative Code NR 117 do not apply to lands adjacent to farm drainage ditches if:
1. Such lands are not adjacent to a natural navigable stream or river;
2. Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching;
3. Such lands are maintained in nonstructural agricultural use.
Wisconsin’s Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis (Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)). For example, a stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.
This definition is mandated by the Wisconsin Department of Natural Resources and is adopted by the council under protest. The council disclaims any responsibility for arbitrary, capricious and unreasonable application thereof.
“Ordinary high-water mark” means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
“Shorelands” means lands within the following distances from the ordinary high-water mark of navigable waters: one thousand (1,000) feet from a lake, pond or flowage and three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
“Shoreland-wetland district” means the zoning district, created in this shoreland-wetland zoning chapter, comprised of shorelands that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this chapter.
“Unnecessary hardship” means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.
“Wetlands” means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
“Wetland alteration” means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area. (Amended during 1997 codification; prior code § 17.395(8))
17.92.050 Jurisdiction.
The jurisdiction of this chapter includes all lands within the city as specified in other sections of this code. (Prior code § 17.395(1)(j))
17.92.060 Municipalities and state agencies regulated.
Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if Section 13.48(13), Wisconsin Statutes, applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt from compliance when Section 30.12(4)(a), Wisconsin Statutes, applies. (Prior code § 17.395(1)(k))
17.92.070 Compliance.
The use of wetlands which are regulated under this chapter and the alteration of wetlands within the shoreland and nonshoreland areas of the city shall be in full compliance with the terms of this chapter and other applicable local, state or federal regulations. (However, see Section 17.92.110 for the standards applicable to nonconforming uses.) All permitted development shall require the issuance of a wetland permit unless otherwise expressly excused by a provision of this section and shall meet all applicable local, state and federal regulations. (Prior code § 17.395(1)(c))
17.92.080 Wetland preservation district.
A. Wetland Preservation Zoning Maps. The following maps are adopted and made part of this chapter and are on file in the office of the director of community development:
1. The boundaries of the wetland preservation district are based on the Wisconsin Wetland Inventory Map for the City of Brookfield, dated January 31, 1986, and stamped “FINAL,” and include, but are not limited to, all shoreland wetlands five acres or greater in area shown on that map.
2. The boundaries of the wetland preservation district are further illustrated on the “City of Brookfield Topographic Maps-Wetland Preservation and Upland Conservancy Zoning Maps,” prepared by the city engineering department at a scale of one inch equals two hundred (200) feet and dated June 18, 1991.
B. District Boundaries.
1. The wetland preservation district consists of two classes of wetland which shall be governed by the same use regulations unless otherwise specified.
a. Shoreland Wetland Subdistrict. Shoreland wetlands are that portion of the wetland preservation district which are shown by the shaded pattern on the afore-referenced “City of Brookfield Topographic Maps-Wetland Preservation and Flood Fringe Zoning Districts.” Shoreland wetlands are five acres or more in area and are located:
i. Within one thousand (1,000) feet of the ordinary high-water mark of navigable lakes, ponds and flowages. The navigability of lakes, ponds or flowages in the city shall be determined by the Wisconsin Department of Natural Resources (DNR);
ii. Within three hundred (300) feet of the ordinary high-water mark of navigable streams, or to the landward side of the floodplain, whichever is greater. For the purpose of this chapter, rivers and streams are presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
b. Non-Shoreland Wetland Subdistrict. Non-shoreland wetlands are that portion of the wetland preservation district which are shown by the hatch pattern on the afore-referenced “City of Brookfield Topographic Maps-Wetland Preservation and Flood Fringe Zoning Districts.” Non-shoreland wetlands are those wetlands which are:
i. Not designated as a shoreland wetland;
ii. Located within a primary environmental corridor delineated on the park and open space plan of the city, or are located outside a Primary Environmental Corridor and are five acres or more in area. In determining if a particular wetland is five acres or larger, the wetland complex, regardless of whether it is divided by property lines or cooperate limit lines, shall be a minimum five acres in area.
2. When questions of navigability of a stream or the location of the ordinary highwater mark arise, the administrator shall contact the southeast district office of the Department of Natural Resources for a final determination of navigability or ordinary highwater mark.
3. The boundaries of wetlands, floodplains and shorelands shown on the wetland preservation and flood fringe zoning maps were delineated using the latest aerial photography and topographic cartography available to the city. The maps were prepared to facilitate wetland and floodplain activities only. The city disclaims any representation that the maps show exact boundaries of wetlands, floodplains or shorelands. The city declares that field investigation by a permit applicant or rezoning petitioner to verify wetland, floodplain and shoreland locations is necessary to make such exact boundary determinations. All such verifications shall be reviewed and approved by the city.
4. When an apparent discrepancy exists or a landowner believes that a discrepancy exists between the city’s final wetland inventory map, or the afore-referenced “City of Brookfield Topographic Maps-Wetland Preservation and Flood Fringe Zoning Districts,” and actual field conditions, the administrator shall contact the Department of Natural Resources (DNR), or agency designated by the DNR, to determine if the wetland inventory map is in error. If the DNR staff, or the designated agency, concurs that the particular area was incorrectly mapped as a wetland, the administrator shall have the authority to grant or deny a wetland permit in accordance with the regulations applicable upon correction of the zoning district and to correct wetland mapping errors shown on the wetland inventory map, or the afore-referenced “City of Brookfield Topographic Maps-Wetland Preservation and Flood Fringe Zoning District.” Owners of properties for which corrections are made shall be given ten calendar days advance written notice of the administrator’s intent to make the correction in the zoning district unless the owner(s) waive the ten-day notice.
C. Permitted Uses. The following uses are permitted, subject to the provisions of Chapters 30 and 31, Wisconsin Statutes; the provisions of other local, state and federal laws, if applicable; and the provisions of the underlying base zoning district:
1. Activities and uses which do not require the issuance of a wetland permit, provided that no wetland alteration occurs:
a. Hiking, fishing, swimming, snowmobiling and boating,
b. The harvesting of wild crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds in a manner that is not injurious to the natural reproduction of such crops,
c. The practice of silviculture, including the planting, thinning and harvesting of timber,
d. The pasturing of livestock,
e. The cultivation of agricultural crops;
2. Uses which do not require the issuance of a wetland permit and which may involve wetland alterations only to the extent specifically provided below:
a. The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected,
b. The maintenance and repair of existing drainage systems to restore pre-existing levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible,
c. The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance,
d. The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance,
e. The installation and maintenance of sealed tiles for the purpose of draining lands outside the wetland preservation district; provided, that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the wetland as listed in Section 17.92.120(C),
f. The maintenance, repair, replacement and reconstruction of existing streets, roads, bridges and bicycle paths, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction;
3. Uses which are allowed upon the issuance of a wetland permit and which may include wetland alterations only to the extent specifically provided below:
a. The construction and maintenance of streets which are necessary for the continuity of the city street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space and recreational uses in the wetland preservation district, provided that:
i. The street cannot, as a practical matter, be located outside the wetland,
ii. The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in Section 17.92.120(C),
iii. The street is designed and constructed with the minimum cross-section practical to serve the intended use,
iv. The street construction activities are carried out in the immediate area of the roadbed only,
v. Any filling, flooding, drainage, dredging, ditching, tiling or excavating that is done must be necessary for the construction or maintenance of the street,
b. The construction and maintenance of nonresidential buildings used solely in conjunction with raising or water fowl, minnows or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:
i. The building cannot, as a practical matter, be located outside the wetland,
ii. The building is not designed for human habitation and does not exceed five hundred (500) square feet in floor area,
iii. Only limited filling or excavating necessary to provide structural support for the building is conducted,
c. The establishment and development of public and private parks, recreation areas, recreational transportation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, games preserves and private habitat areas, provided that:
i. Parks shall be limited to passive activities. No ball diamond, tennis court, playfield, playground or other active recreational area shall be constructed in a wetland,
ii. Any private recreation or wildlife habitat area must be exclusively for that purpose,
iii. Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of bicycle paths, recreational paths, recreational transportation trails, park shelters or similar structures is allowed,
iv. Construction and maintenance of streets necessary for permitted uses under this subsection, including bike paths in nonshoreland wetland districts, shall be in accordance with subdivision (3)(a) of this subsection,
v. Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource,
d. The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members located outside the wetland preservation district, provided that:
i. The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside the wetland,
ii. Any filling, draining, dredging, ditching or excavating that is done must be necessary for the construction or maintenance of the utility and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland as listed in Section 17.92.120(C).
e. The construction and maintenance of railroad lines, provided that:
i. The railroad lines cannot as a practical matter be located outside the wetland; and
ii. Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland area.
f. Construction of bike paths including excavating and filling necessary for such construction according to city specifications in nonshoreland wetland subdistricts. (Prior code § 17.395(2))
D. Prohibited Uses.
1. Any use not listed as a permitted use is prohibited unless the zoning classification of wetland preservation district on the lands concerned is amended and changed to another district in accordance with the procedures set forth in Section 17.92.120.
2. The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed boathouse below the ordinary high-water mark of any navigable water are prohibited.
E. Shoreland Areas (SP).
1. For any shoreland area annexed by the city after May 7, 1982, there is hereby established a shoreland setback area of at least fifty (50) feet from the ordinary high-water mark excepting construction of a principal building within this setback area if the land immediately adjacent on each side of the land on which the principal building will be constructed also has a principal building. In such a case, the setback is the same distance as the average setback of the adjacent principal buildings or thirty-five (35) feet from the ordinary high-water mark, whichever is greater.
2. Any owner of shoreland property annexed by the city after May 7, 1982, that contains vegetation shall maintain the vegetation in a vegetative buffer zone along the entire shoreline of the property and extending thirty-five (35) feet inland from the ordinary high-water of the navigable water excepting that if the vegetation in the vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner may remove it. If the owner removes all of the vegetation, the owner must establish a vegetative buffer zone with new vegetation.
3. An owner required to maintain a vegetative buffer zone of a shoreland area annexed by the city after May 7, 1982, may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than thirty (30) feet wide for every one hundred (100) feet of shoreline frontage and extending no more than thirty-five (35) feet inland from the ordinary high-water mark. (Ord. 2371-14 § 2, 2014; Ord. 2103-07 § 5 (part), 2007; Ord. 1912-03 § 1 (part), 2003; Ord. 1421, 1992; 1371, 1991; Prior code § 17.395(2))
17.92.090 Waukesha County shoreland, floodland protection ordinance adopted by reference with modifications.
Repealed by Ord. 2371-14. (Ord. 1912-03 § 1 (part), 2003; Ord. 1819 § 3 (part), 2001; Prior code § 17.395(3))
17.92.100 Nonconforming structures and uses.
A. The lawful use of a building, structure or property which existed at the time this chapter, or an applicable amendment to this chapter, took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions.
B. The wetland preservation provisions of this chapter as set forth in Section 62.231(5), Wisconsin Statutes, shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming building or structure in existence on the effective date of the wetland provisions of this code, or of any environmental control facility in existence on May 7, 1982 related to such a building or structure. All other modifications to nonconforming buildings and structures are subject to Section 17.08.040.
C. If a nonconforming use or the use of a nonconforming building or structure is discontinued for twelve (12) consecutive months, any future use of the building, structure or property shall conform to this chapter.
D. Any legal nonconforming use of property which does not involve the use of a building or structure and which existed at the time of the adoption or subsequent amendment of this chapter adopted pursuant to Section 62.231, Wisconsin Statutes, may be continued although such use does not conform with the provisions of this section. However, such nonconforming use may not be extended or expanded.
E. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses. (Prior code § 17.395(4))
17.92.110 Administrative provisions.
This section provides for the plan commission and the council to develop the necessary policies and procedures to administer the wetland preservation district.
A. Administrator. The director of community development is appointed administrator for the purpose of administering and enforcing this chapter. The administrator or his designee, such as the city engineering department or the inspection services department, shall have the following duties and powers:
1. Advise applicants as to the provisions of this chapter and assist them in preparing wetland permit applications and appeal forms;
2. Issue wetland permits and inspect properties for compliance with this chapter;
3. Keep records of all wetland permits issued, inspections made, work approved and other official actions;
4. Have access to any structure or premises between the hours of eight a.m. and six p.m. for the purpose of performing these duties;
5. Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation and map or text amendments through the city clerk within ten days after they are granted or denied to the appropriate district office of the DNR;
6. Investigate and report violations of this chapter to the plan commission and the city attorney.
B. Wetland Permits.
1. When Required. Unless another section specifically exempts certain types of development from this requirement, a wetland permit shall be obtained from the administrator before any new development, as defined in Section 17.92.040, or any change in the use of an existing building or structure is initiated.
2. Application. An application for a wetland permit shall be made to the administrator upon forms furnished by the city and shall include, for the purpose of proper enforcement of these regulations, the following information:
a. General Information.
i. Name, address and telephone number of applicant, property owners and contractor, where applicable. Controlling interest in the property must be demonstrated when agents or prospective owners file the application;
ii. Legal description of the property and a general description of the proposed use or development;
iii. Whether or not a private water supply or sewage system is to be installed.
b. Site Development Plan. The site development plan, prepared at a standard engineering scale of one inch equals twenty (20) feet or one inch equals thirty (30) feet, shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
i. Dimensions and area of the lot;
ii. Location of any existing or proposed structures with distances measured from the lot lines and center line of all abutting streets or highways;
iii. Description of any existing or proposed on-site sewage disposal systems or private water supply systems;
iv. Location of the ordinary high-water mark of any abutting navigable waterways;
v. Boundaries of all wetlands;
vi. Existing and proposed topographic and drainage features, shown at a maximum contour interval of two feet, and vegetative cover;
vii. Location of all floodplain and floodway limits on the property, as determined from the official floodplain zoning studies and maps;
viii. Location of existing and future access roads;
ix. Specifications and dimensions for areas of proposed wetland alteration.
c. Expiration. All wetland permits issued under the authority of this chapter shall expire twelve (12) months from the date of issuance.
d. Fee. The original or a duplicate of a receipt of the city treasurer or the city clerk showing the payment of a fee as specified in Section 3.28.010(M).
C. Recording. Where a wetland permit is approved, an appropriate record shall be made by the administrator or his designee of the land use and structures permitted.
D. Revocation. Where the conditions of a wetland permit are violated, the permit shall be revoked by the plan commission.
E. Appeals. Appeals may be made to the board of appeals pursuant to Chapter 17.12 where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter or an unnecessary hardship, as defined in this chapter, is demonstrated. The DNR shall be considered an interested party in the shoreland portion of the wetland preservation district and shall be given notice of public hearing at least ten days prior to the public hearing and copies of all decisions within ten days following the decision. (Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 1 (part), 2003; Ord. 1725 § 2 (part), 2000; prior code § 17.395(5))
17.92.120 Amendments to regulations.
The city may 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, Wisconsin Statutes, Wisconsin Administrative Code NR 117 as it applies to the shoreland wetland subdistrict, and the following:
A. Any amendment described above shall follow the procedures set forth in Section 17.08.070.
B. A copy of each proposed text or map amendment shall be submitted to the appropriate district office of the DNR within five days of the submission of the proposed amendment to the plan commission. A Class II notice is required for notice of the public hearing required pursuant to Section 17.08.070. The appropriate district office of the DNR shall be provided with written notice of the public hearing at least ten days prior to such hearing.
C. In order to insure that this chapter will remain consistent with the wetland protection objectives of Section 144.26, Wisconsin Statutes, the city may not amend the boundaries of the wetland preservation district or any portion thereof where the proposed amendment may result in significant adverse impact upon any of the following wetland functions:
1. Stormwater and floodwater storage capacity; or
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; or
3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; or
4. Shoreland protection against erosion; or
5. Fish spawning, breeding, nursery or feeding grounds; or
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 amendment may have a significant adverse impact upon any of the criteria listed in subsection C of this section, the DNR shall notify the city of its determination either prior to or during the public hearing held on the proposed amendment.
E. The appropriate district office of the DNR shall be provided with:
1. A copy of the recommendation and report, if any, of the plan commission on a proposed text or map amendment within ten days after the submission of those recommendations to the city;
2. Written notice of the action on the proposed text or map amendment within ten days after the action is taken.
F. If the DNR notifies the plan commission in writing that a proposed amendment of a shoreland wetland subdistrict parcel 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 city, shall not become effective until more than thirty (30) days have elapsed since written notice of the municipal approval was mailed to the DNR as required by subsection E of this section. If, within the thirty (30) day period, the DNR notifies the city that the DNR intends to adopt a superseding shoreland-wetland zoning section for the city, as provided by Section 62.231, Wisconsin Statutes, the proposed amendment shall not become effective until the adoption procedure provided in Section 62.231(6), Wisconsin Statutes, is completed or otherwise terminated.
G. The provisions of this subsection requiring notices to the DNR and DNR exercise of its remedial and enforcement powers under Section 62.231(6), Wisconsin Statutes, shall apply only within the nonshoreland wetland subdistrict. (Prior code § 17.395(6))
17.92.130 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, sections, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern. (Prior code § 17.395(1)(d))
17.92.140 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this chapter is required by a standard in Wisconsin Administrative Code NR 117, and where the chapter provision is unclear, the provision shall be interpreted in light of the NR 117 standards in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter. (Prior code § 17.395(1)(e))
17.92.150 Violations—Enforcement and penalties.
Violations of the provisions of this chapter shall be referred to the plan commission and the city attorney for prosecution. Penalties shall be administered per Chapter 1.12. (Prior code § 17.395(7))