Description: The extent of the shoreland-wetland overlay district is based on the location of the ordinary high-water mark and which streams are determined to be navigable. Division 17 of Article 7 describes the procedures for determining the navigability of a waterbody.

Initiation: Any person, including the zoning administrator, may submit an application for determining the navigability of a waterbody.

Decision-maker(s): Zoning administrator; Wisconsin Department of Natural Resources on appeal

Application fee: No fee

Submittal deadline: None - applications can be submitted anytime

Basis of decision: In determining whether a waterbody is navigable, the zoning administrator shall consider the definition of the term and documentary evidence, and field investigations if warranted. The zoning administrator should also review the most current edition of “Floodplain and shoreland zoning: A guide for local officials” as published by the Wisconsin Department of Natural Resources, for additional guidance.

Procedure:

1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
2. Decision. The zoning administrator shall make a written determination based on the decision criteria in this division. Under normal conditions a decision can be made within 60 days of when the petition was submitted. Depending on the time of year when the application was submitted and if field inspections are necessary, this timeframe may be as long as 180 days.
3. Applicant notification. Within a reasonable time following his or her decision, the zoning administrator shall mail the decision notice to the applicant by regular mail and provide a copy of the same to the Plan Commission, the city attorney, and those city employees and agents involved in the administration of this chapter, as appropriate.
4. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
5. Amendment of zoning map. If the determination has the effect of modifying the extent of the shoreland-wetland overlay district as depicted on the current zoning map, the zoning administrator shall initiate the process to amend the zoning map based on such determination.

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