10-19-2025 - Agenda Packet Planning Commission - PC Packet

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Created: 2025-07-31 14:51:31 [EST] Page 14 of 20 screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 6.12.6270. Retaining walls within the shore setback zone may be permitted according to the following: a. A retaining wall may be constructed within the shore setback zone if it is an integral part of a permitted lake access stair and the retaining wall is designed to be the minimum size necessary. b. A replacement retaining wall, including a change in material, may be permitted within a definedthe bluff, bluff setback, or shore setback zone when all of the following conditions are met: 1. The wall is under four feet in height, and in the same location; and 2. The existing wall shows signs of failure. 3. The wall is screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions. c. A new retaining wall, or a replacement wall four feet in height or greater, constructed within a defined bluff, and bluff setback, or shore setback zone ; and/or a replacement wall four feet in height or greater; and/or any new walls shall require a conditional use permit. All wNew walls and replacement walls greater than four feet in height must meet the following conditions. The wall must be: 1. The walls are used only Designed to correct an existing erosion or slope stability established erosion problem documented by a licensed professional engineer, and not for aesthetic reasons; and 2. The walls must be screened by deep-rooted, native vegetation so as not to be visible from the waterbody in year-round conditions;Suitable given the demonstrated need; and 3. The number, height, and length of the walls are the minimum necessary to control the erosion or slope stability problem and are not taller than 4 feet or longer than 10 feet, unless the licensed professional engineer determines that a larger wall is necessary to correct the documented erosion or slope stability problemDesigned by a registered engineer or landscape architect, depending on project scope; and 4. Clear cutting vegetation is prohibited in compliance with Sec. 6.12.6300. d. Designed to be the minimum size necessary to control the erosion problem.If the project includes work at or below the OHWL or within WCA jurisdictional wetland, that portion of the project must be approved and/or permitted by the appropriate governing agency. (6) Average lakeshore setback. No principal or accessory building shall be located closer to the ordinary high-water line (OHWL) on a lakeshore lot than the average distance from the shoreline of existing principal buildings on adjacent lots; this does not apply to patios and other accessory structures less than 42 inches above existing grade and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the principal building on the immediately adjacent improved lakeshore lot. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Underline, Font color: Text 1, Highlight Formatted: Underline, Highlight Formatted: Font color: Auto Commented [RT1]: Assuming condition 1) here is met, vegetation may be removed for a retaining wall, but should follow code for vegetation alterations particularly with respect to replacement. This reference will also help ensure that clearing is limited to what is necessary for construction of a wall that addresses erosion. Formatted: Underline Formatted: Indent: Left: 0.66" Formatted: Underline, Highlight Formatted: Underline Formatted: Underline, Highlight Formatted: Highlight Commented [RT2]: This language is more generally applicable, so I believe it makes sense as d. instead of a sub- paragraph of c. Retaining walls are prohibited at the OHWL under the public water rules. Legal nonconformities are not recognized at or below the OHWL so old walls at or below the OHWL are not allowed unless DNR permits them – the LGU does not have this authority. 269