§ 95-188. Shoreland C-1 amendments.

Changes to shoreland C-1 Districts shall be limited in accordance with the following regulations:

(a)

Notice to DNR. The village shall transmit a notice of any change (text or map) in the C-1 Lowland Conservancy District if such change affects land in the shoreland, as defined in section 95-222 of this Ordinance, to the Wisconsin 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 village clerk.

2.

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

3.

Notice of a village 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)

Review standards. No wetland in a shoreland C-1 District shall be rezoned if the rezoning may result in a significant adverse impact on storm 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, or feeding grounds; wildlife habitat; or areas of special recreational, scenic, or scientific interest, including scarce wetland types.

(c)

DNR objections. If the DNR has notified the village plan commission that an amendment to the shoreland portion of the C-1 District may have a significant adverse impact upon any of the criteria listed in the subsection (b), above, 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 Department of Natural Resources. During that 30-day period, the Department of Natural Resources may notify the village board that it will adopt a superseding shoreland ordinance for the village, pursuant to § 61.351, Wis. Stats. If the Department does so notify the village board, the effect of this amendment shall be stayed until the § 61.351, Wis. Stats., adoption procedure is completed or otherwise terminated."

(Ord. No. 2004-04, § 95.1208, 5-25-04)