§ 525-11. Filling, grading and lagooning.

A. 

A conditional use permit shall be required for any filling or grading:

(1) 

Of the bed of navigable body of water. In addition a permit shall be obtained from the Department of Natural Resources or any other state agency having jurisdiction under the provisions of §§ 30.11 and 30.12, Wis. Stats.

(2) 

Of any area which is within 300 feet horizontal distance of a navigable water which has surface drainage toward the water and on which there is:

(a) 

Filling of more than 500 square feet of any wetland which is contiguous to the water. For purposes of this section, a wetland shall be defined as any area where groundwater is at or near the surface a substantial part of the year.

(b) 

Filling or grading on slopes of 20% or more.

(c) 

Filling or grading of more than 1,000 square feet on slopes of 12% to 20%.

(d) 

Filling or grading of more than 2,000 square feet on slopes of 12% or less.

B. 

A conditional use permit shall be required before constructing or commencing work on any artificial waterway, canal ditch, lagoon, pond, lake or similar waterway which is within 500 feet of the high-water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, diversions and grassed waterways which are used for sediment retardation. In addition a permit shall be obtained from the Public Service Commission or any other state agency having jurisdiction under the provisions of § 30.19, Wis. Stats.

C. 

In granting a condition use permit for filling, grading, or lagooning the Plan Commission may attach the following conditions in addition to those specified in § 525-9 of this chapter:

(1) 

The smallest amount of bare ground shall be exposed for the shortest time feasible.

(2) 

Temporary ground cover such as mulch shall be used and permanent cover such as sod shall be planted.

(3) 

Diversions, silting basins, terraces and other methods to trap sediment shall be used.

(4) 

Dredging to a firm bottom shall be done before filling.

(5) 

Dredging shall be conducted in such a manner as to avoid creation of fish trap conditions.

(6) 

Fill is stabilized according to accepted engineering standards.

(7) 

Fill will not restrict a floodway or destroy the storage capacity of a floodplain.

(8) 

Walls of a channel or artificial watercourse shall be stabilized to prevent slumping.

(9) 

Sides of channels or artificial watercourses shall be constructed with side slopes of two horizontal to one vertical or flatter, unless vertical bulkheading is provided.