4.4 SHORELAND REGULATIONS

(1) Setbacks

1. SETBACK AVERAGING: Setback averaging may be allowed when existing principal buildings within 100 feet either side of a proposed building site (to include additions) do not conform to required setbacks. In no such case will a setback less than 75’ from the ordinary high water mark be allowed.

(3) The structure shall be no more than four (4) feet wide.

(4) Structures shall be inconspicuously colored.

(5) Railings are permitted only where required by safety concerns.

(6) Canopies and roofs on such structures are prohibited.

1. Stairways shall be supported on piles or footings. Other construction methods such as steps excavated into the slope may be permitted and will require plan and site review.

1. FENCES: All fences shall meet the shoreland setbacks required in the Lake Class Development Standards. 4.4(7)c.

1. Open fences may be allowed to within 40 feet of the ordinary high water mark and may not exceed 6 feet in height.
2. Agricultural/livestock fences shall be exempt from the 40’ setback.
3. An open fence is considered to be a chainlink, wood rail or wire and will not obstruct the adjoining property owners view of the water.
4. No permit will be required, but must comply with the above criteria.

1. WETLAND SETBACKS: All buildings and structures, except stairways, walkways, piers, boat hoists, satellite dishes 1 meter or under in diameter, and open fences shall be setback 40 feet from any wetland boundary.

(2) Removal of Shoreline Cover

1. One viewing/access corridor more or less perpendicular to the shore and no more than 30 feet wide may be established. Limited tree removal, pruning and mowing will be permitted. Clearcutting, filling, grading and other land disturbing activities are not permitted in this area. On contiguous frontage, there shall be a 30 foot separation of uncut area between adjoining view corridors.
2. Limited pruning and mowing will be allowed in the area greater than 35 feet from the ordinary high water mark.
3. Pedestrian access, walkways, pathways, and stairways must be located in the access/viewing corridor and also subject to section 4.4(1)d, unless such location is not feasible due to steep slopes, wet soils, or similar limited conditions.
4. Pier, wharf and lift placement must also be confined to waters immediately adjacent to viewing/access corridor unless such location is not feasible due to steep slopes, wet soils, or similar limiting conditions.
5. Normal maintenance of existing vegetative buffer strips.

(3) Forest Management Programs

(4) Filling, Grading, Lagooning, Ditching, Excavating and Dredging

(2) Any filling or grading on slopes of 20% or more.

(a) Time limits on the exposure of bare grounds.

(b) Required use of temporary or permanent ground cover.

(5) Piers and Boat Shelters

1. Piers may only be placed by the riparian property owner in the riparian zone. No permits will be required for piers meeting the following criteria and state guidelines:
2. Piers may be placed to the line of navigation which generally means the three foot depth contour, an established pierhead line or depth required by boat to be berthed. A pier may not unreasonably obstruct navigable waters.
3. Piers shall be a maximum width of 6 feet, shall not enclose any portion of water and shall not have decks, platforms, or other construction not essential for berthing of boats. T’s, L’s, and other finger shaped docks are permitted subject to mooring slip guidelines.
4. The number of berths or moorings shall be limited to two for the first 50 feet of shoreline and one for each additional 50 feet.
5. Only one pier shall be permitted for each minimum lakeshore frontage as required by the Lake Classification, i.e. on a Class 1 lake, one pier is allowed for each 150 feet of frontage.
6. Piers shall meet all state guidelines.

"Pier" means any structure extending into navigable waters from the shore with water on both sides, build or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft and may include a temporary boat hoist and a boat shelter which is removed seasonally. [s.30.01, Stats.] Mooring (noun) means a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants and related equipment and is considered to be a storage space for a single watercraft.

7. Permanent boat shelters are not allowed.

1. After adoption of this section, or an amendment thereto, no lot area shall be so reduced that the dimensional and yard requirements required by this ordinance cannot be met. Parcels of land existing and of record shall meet the minimum requirements of Section 3.4 and lots existing and of records, i.e., documented by recorded platted subdivision, but of substandard size to the Lake Class Development Standards are hereby not nonconforming to the parcel size.

The construction of new dwellings or replacement dwellings; additions to existing structures and the construction of accessory buildings when a principal structure exists on the premises may be allowed by permit provided all other requirements, regulations and setbacks can be met.

2. The following classification lists identify lakes named in "Surface Water Resources of Burnett County", published by Wisconsin Department of Natural Resources and appearing by name on the 1:24000 scale topographic maps published by the U.S. Geological Survey, commonly referred to as the U.S.G.S. Quadrangle Maps.

All unnamed lakes listed in the "Surface Water Resources of Burnett County", Wisconsin Department of Natural Resources and all named lakes 50 acres in size or less are considered Class 3 protection lakes.

In addition, any lake inadvertently omitted from the "Surface Water Resources of Burnett County" over 50 acres in size will be classified according to available information and non-listed lakes 50 acres or less in size will be considered Class 3 protection lakes.

It should be noted that Burnett County’s shoreline regulation jurisdiction extends only to those portions of shoreline outside the boundaries of any incorporated municipality.

Development standards for rivers and streams refer to all rivers and streams in Burnett County deemed by the Wisconsin Department of Natural Resources to be navigable.

There are un-named lakes that have "local" names and for the purpose of this classification are considered Class 3 lakes.

The RR-2 (Residential-Recreation District), RR-3 (Residential-Recreation District), A (Exclusive Agricultural District), A-1 (Agricultural-Transition District), A-2 (Agricultural-Residential District) and F-1 (Forestry District) zone districts supersede the lake classification development standards.

3. Dimensional Requirements

(7) Lake Access

1. The access to a navigable waterway for backlot or off-lake development shall meet the minimum lot and parcel size requirements of the Lake Class Development Standards. The lot width shall be measured at right angles at all points along its side lot lines and the minimum required lot area shall exclude any wetlands. A contiguous buffer area of 25 feet along each side lot line running the full depth of the lot shall remain in its natural state. The cutting of vegetation or trees or the construction/placement of buildings within the buffer zone is prohibited.
2. The number of single family lots, building sites, single family units or single family condominium units utilizing said access shall be limited to four (4).
3. Only one (1) accessory building will be allowed on the lake access parcel meeting the requirements of Section 4.42(5); except that actual boat storage and/or the connection of any pressurized water system is prohibited.
4. The creation of use or land for a lake access shall be by conditional use only. The Zoning Committee shall consider the size, shape, depth, present and potential use of the lake, and the effect of the private access on public rights in navigable waters.

8. Resorts and Condominiums

1. The construction of additional rental cabins/dwellings within an existing resort or the construction of additional dwelling units within a recorded condominium shall meet the minimum lot width and parcel size requirements of the Lake Class Development Standards.

8. Shoreline Setback Nonconformities

1. Nonconforming principal structures less than 40 feet from the ordinary high water mark are permitted ordinary maintenance and repair. Such structures may be improved internally provided:

1. No more than 25% of the structural members of the existing external walls and roof are modified or replaced (allows matching of existing roof lines);
2. Internal improvement is confined to the building envelope (i.e. no new basements, additional stories, lateral expansion or accessory construction outside of the perimeter of existing enclosed dwelling space are permitted but replacement of windows, doors, roofing and siding and upgrading of the insulation of a structure are permitted); and

1. A nonconforming principal structure located between 40 and 75’ from the ordinary high water mark which includes at least 500 square feet (footprint) of enclosed area may be expanded providing:

1. No more than 25% of the structural members of the existing external walls and roof are modified or replaced (allows matching of existing roof lines);

1. All expansion is no closer to the water than the landward façade of the existing principal structure (placement of standard or walkout basements under existing structures is prohibited); except for a one time maximum 144 square foot expansion (including open patios and decks) which is no closer to the ordinary high water mark than the closest setback of the structure provided further that such addition does not extend toward the ordinary high water mark beyond the shoreline façade, of existing structure;
2. Existing nonconforming accessory structures are removed from the property; and
3. The property owner implements a plan approved by the County Land Conservationist which restores the shoreline cover buffer zone as per Section 4.4(2).

1. Expansion of nonconforming principal structures between 75’ and the required setback from the ordinary high water mark is allowed provided expansion is at least 75 from the ordinary high water mark, i.e. additions will be allowed to structures that are at least 75 feet back from a Class 3 lake/river.
2. Nonconforming accessory structures are permitted ordinary maintenance and repair only, provided

9. Structures Exempted From Setbacks to Ordinary High Water Mark of Navigable Waters As Per Wisconsin State Statute Section 59.692 (1v) provided:

1. The part of the structure that is nearest to the water is at least 35 feet landward from the ordinary high water mark.
2. The total floor area for all structures in the shoreland setback area of the property does not exceed 200 square feet. In calculating this square footage all portions of all existing structures not meeting the required shoreland setback will be counted except permitted boathouses and stairway/walkways.
3. The structure has no sides or has open screened construction. Knee walls of 32 inches or less will be considered open construction. The color of the structure must be earth toned. If a roof is present it must be a pitched roof, with maximum height of 12 feet (as measured to the peak) with maximum overhang of 24 inches.
4. The property owner(s) has an approved plan to restore and/or preserve the shoreline vegetative buffer zone as per Section 4.4.2 of the Burnett County Land Use/Zoning Ordinance. This plan must be approved by Burnett County meeting Shoreline Buffer Restoration/Preservation Standards, a Shoreline Vegetative Buffer Restoration/Preservation Agreement must be recorded with the Burnett County Register of Deeds, and the Restoration Plan must be implemented prior to permit issuance.