[From the U.S. Government Printing Office, www.gpo.gov]





                                                                         TASK II.B.2.
                                                                         NA90AA-D-CZ441








          WISCONSIN                            SHOR ELAN D-WETLAN D ZONING ORDINANCE
                                                      FOR THE ONEIDA RESERVATION
                COASrAL                          ONEIDA TRIBE OF INDIANS OF WISCONSIN

                                                    REVISED VERSION SEPTEMBER 1991
              NOGRW                                                  DRAFT







                                                                                     FPO





                                                            This project was funded inpart
                                                            with a grant under the Coastal
                                                            Zone Management Act of 1972,
                                                            as amended, from the U.S.
                                                            Department of Commerce, Office
                                                            of Ocean and Coastal Resource
                                                            management, Wisconsin Coastal
                                                            Management Program.






          ISCONSIN DEPARTMENT
             OF ADMINISTRATION
                  P.O. BOX 7868
                      d

























































             MADISON,W1 53707
                   608-  266-8234
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                             [iHORELAND-WETLAND ZONING ORDINANCE
                                   FOR THE ONEIDA RESERVATION
                              ONEIDA TRIBE OF INDIANS OF WISCONSIN
                                    ADOPTED DECEMBER 7, 1981
                        BY The Action of the Oneida Business Committee


                                 REVISED VERSION SEPTEMBER 1991
                                               DRAFT



              SECTION
              1.0  STATUTORY AUTHORIZATION, FINDINGS OF FACT                    PAGE
                   STATEMENT OF PURPOSE AND TITLE   ..........................   3
                   1.   Enactment, Authority, and Title    ....................    3
                   1.1 Statutory Authorization    ............................     3
                   1.2 Finding of Fact and Purpose     ........................    3

              2.0  GENERAL PROVISIONS AND ZONING MAPS    ......................    5
                   2.1  Jurisdiction  .......................................      5
                   2.2  Zoning Map  .........................................      5
                   2.3  Compliance  .........................................      5
   C-4             2.4  Greater Restrictions   ...............................     5
                   2.5  Interpretation   ......................................    6
                   2.6  Severability  .......................................      6

              3.0  SHORELAND-WETLAND ZONING DISTRICT    .......................    6
                   3.1 Shoreland-Wetland Zoning Maps     ......................    6
                   3.2 District Boundaries    .................................    7
                   3.3  Permitted Uses  ......................................     8
                   3.4  Prohibited Uses   ....................................   11


              4.0  NONCONFORMING STRUCTURES AND USES    .......................  12
                   4.1  General Provisions   .................................   12
                   4.2  Filling, Grading, Lagooning, or Excavating     ......... 12
                   4.3  Emergency  ..........................................    12
                   4.4  Nonconforming Use Within Set Time Periods     .......... 13
                   4.5  Conditions attached to Permits    .....................  13
                   4.6  Extraction Operations   ...............................  13

              5.0  ADMINISTRATIVE PROVISIONS   ...............................    13
                   5.1  Zoning Administrator   ...............................    14
                   5.2  Zoning Permits  .....................................     14
                   5.3  Certificate of Compliance    ..........................  16
                   5.4  Conditional Use Permits    ............................  16
                   5.5  Fees  ...............................................    17
                   5.6  Recording...   .......................................   17
                   5.7  Revocation   .........................................   18
                   5.8  Appeals  ............................................    18
              6.0  AMENDING SHORELAND-WETLAND ZONING REGULATIONS     ........... 19
















                                                 2


              7.0 ENFORCEMENT AND PENALTIES   ....................  *........  '' 20
                  7.1 Governmental Role    ...................................   20
                  7.2 Non-Governmental Course of Action     ...................  21
                  7.3 Administrative Remedies   ............                     21
                  7.4 Supplemental Enforcement and Penalties      .............. 21

              8.0 DEFINITIONS   .............................................    22
                  8.1 Interpretation of Terms    .............................   22
                  8.2 Meaning of Terms    .....................................  22

















                                                3
                         SHORELAND-WETLAND ZONING ORDINANCE FOR THE
                            ONEIDA INDIAN RESERVATION IN WISCONSIN


             1.0   STATUTORY AUTHORIZATION, FINDINGS OF FACT. STATEMENT OF
                   PURPOSE AND TITLE


                   The General Tribal Council of the Oneida Tribe of Indians of
                   Wisconsin has authorized in Article IV, section 1 (F) of the
                   Constitution and By Laws of the Oneida Tribe of Indians of
                   Wisconsin, does enact this Ordinance which shall be known as
                   the Oneida Tribe of Indians of Wisconsin Shoreland-Wetland
                   Protection Ordinance.


             1.1   STATUTORY AUTHORIZATION

                   This ordinance is adopted pursuant to the authorization in
                   sections 61.35 and 61.351 for villages or 62.23 and 62.231
                   for cities and 87.30 abd 144.26, Wis. State.

             1.2   FINDING OF FACT AND PUREOSE

             1.21  FINDING

                   The Oneida Tribe of Indians   of Wisconsin finds that the
                   Shoreland-Wetlands areas of   the reservations are among the
                   most valuable and fragile of its natural resources and that
                   there is great concern related to their utilization, protec-
                   tion, restoration and preservation. Increasing pressures due
                   to land development increases the need for management of the
                   Shoreland-Wetland areas.
                   The Tribe further finds that much of the wetlands of the
                   reservation are held in private ownership,.and that certain
                   development and use trends on the privately owned or publicly
                   owned shorelands of the reservation arenot in the.best
                   interest of the tribe or other residents of the reservation.
                   Uncontrolled use of the shoreland-wetlands and pollution of
                   the navigable waters of the reservation would adversely
                   affect the public health, safety, convenience, and general
                   welfare of the Tribe. Therefore, planning and management is
                   necessary.in order to protect the Tribal and public interest
                   associated with the shoreland-wetlands of the reservation.
                   The Tribe agrees with the mandate of the Legislature of
                   Wisconsin as it has delegated responsibility to all munic-
                   palities to:

                    (1) Promote the public health, safety, convenience and
                         general welfare;

                   (2)   Maintain the storm and flood water storage capacity of
                         wetlands;

















                                            4
                (3)   Prevent and control water pollution by preserving wet-
                      lands which filter or store sediments, nutrients, heavy

                      metals or organic compounds that would otherwise drain
                      into navigable waters;

                (4)   Protect fish, their spawning grounds, other aquatic life
                      and wildlife by preserving wetlands and other aquatic
                      habitat;

                (5)   Prohibit certain uses detrimental to the shoreland-
                      wetland area; and

                (6)   Preserve shore cover and natural beauty by restricting
                      the removal of natural shoreland cover and controlling
                      shoreland-wetland excavation, filling and other earth
                      moving activities.
                To optimize the accomplishment of the goals and objectives of
                this ordinance, comprehensive management of all regions within
                the reservation is needed. To further this, intergovernmental
                coordination and cooperation shall be sought. Intergovernment
                collaboration could take the forms of technical assistance,
                agreements, compacts, boards and/or agencies.

           1.22 PURPOSE
                To protect human life and health, the natural environment,
                aquatic and terrestrial organisms, 'aesthetic and ecological
                values, appropriate water uses, and environmentally signif-
                icant areas within the shoreland area.
                Diminished water quality adversely affects the recreational
                uses and the habitats for game species of fish. The public
                health is adversely affected by threatened-water quality.
                Therefore, to protect and improve the quality of waters on the
                Oneida Indian Reservation in Wisconsin and thus protect and
                improve the public health and general welfare of all people
                therein, these land use measures, which include zoning, are
                taken.


                Furthermore, these land-use controls will regulate use in
                floodplains and on steep slopes and thereby promote public
                safety and minimize the risk of flood and erosional damage.
                These controls will enhance the quality and livability of
                human settlements by promoting and maintaining the natural,
                aesthetic values of Shoreland areas.


                Shoreland areas including associated wetlands which are
                important reproduction, nursery, resting, migration, and
                feeding areas for many species of fish, waterfowl, and other
                wildlife will be protected. The habitat of endangered species
                of which the Wood Turtle, Blanding's Turtle, and Snow
                Trillium are known to exist within the reservations wetlands

















                                            5
                will be protected. Nesting  areas for endangered migratory
                fowl will be protected. (More extensive list is available in
                the Environmental Dept.)

                Historical and Archeological sites have mainly been recorded
                adjacent to waterways within the reservation. These sites
                which are within the Shoreland area will be protected.

           SECTION 2.0 GENERAL PROVISIONS


           2.1  JURISDICTION
                The jurisdiction of this Ordinance shall include all Oneida
                Tribal Lands which are adjacent to wetlands, navigable waters
                and major drainage ways as defined herein, which would meet one
                or more of the following criteria:

                A. Would be inundated by the 100 year flood.
                B. Within 100 ft. of the ordinary high water mark of ponds,
                   lakes or flowages.
                C. Within 300 ft. of the ordinary high water mark of rivers
                   and streams.
                D. Have a slope of 12 percent or greatei@ adjacent to the
                   floodplain.
                E. Areas defined as wetlands.


           2.2  ZONING MAP
                A zoning map indicating the various"areas which are under the
                jurisdiction of this ordinance as defined in Section 3.1 Shall
                be included as part of this ordinance. See Appendix A.

           2.3  COMPLIANCE
                Compliance with this ordinance is mandatory.
                The use of wetlands and the alteration of wetlands within the
                shoreland area of the reservation shall be full compliance with
                the terms of this ordinance and other applicable, state or
                federal regulations.
                (However, see Section 5.0 of this ordinance, for the standards
                applicable to nonconforming uses.) All permitted development
                shall require the issuance of a zoning permit unless otherwise
                expressly excluded by a provision of this ordinance.

           2.4  GREATER RESTRICTIONS
                This Ordinance shall not have the effect of repealing or other-
                wise impairing ordinances or other regulations which are more
                restrictive than this Ordinance. Where this Ordinance imposes
                greater restrictions, the provisions of this Ordinance shall
                prevail.
                This Ordinance supersedes all the provisions of any municipal
                zoning ordinance enacted under sections 61.35, 62.23 or 87.30,
                Wis. Stats., which relate to floodplains and shoreland-
                wetlands.
















                                            6
           2.5 INTERPRE
               In their interpretation and application, the provisions of this
               ordinance shall be held to be minimum requirements and shall be
               liberally construed in favor of the Oneida Tribe. Where a pro-
               vision of this ordinance is required by a standard in chapter
               NR 117, Wis. Adm. Code, and  where the ordinance provision is
               unclear, the provision shall be interpreted in light of the
               Chapter NR 117, standards in effect on the date of the adoption
               of this ordinance or in effect on the date of the most recent
               text amendment to this ordinance.


           2.6 SEVERABILITY
               Should any portion of this ordinance be declared invalid or
               unconstitutional by a court of competent jurisdictions, ponds
               or flowages on the reservation shall be presumed to be
               navigable if they are shown on the United States Geological
               Survey quadrangle maps or other zoning base maps which have
               been incorporated by reference and made a part of this'
               ordinance. The remainder of this ordinance shall not be
               affected thereby.

           SECTION 3: SHORELAND-WETLAND ZONING DISTRICT

           3.1 SHORELAND-WETLAND MAP
               The shoreland-wetland zoning district includes all wetlands,
               floodplains and corresponding environmental significant areas
               in the Oneida Reservation which are.two acres or more and are
               shown on the final Wetland Inventory Map that has been adopted
               and made a part of this ordinance.

           3.12 DESIGNATION OF SHORELAND-WETLAND DISTRICT
                A. The Environmental Significant district shall include the
                   following:

                   1.  All areas delineated as Wetlands.
                   2.  The bed of all navigable waterways or major drainage
                       ways.
                   3.  All areas with a slope of 12 percent or greater
                       adjacent to the floodplain.
                   4.  Endangered species habitat.
                   5.  Historical or Archeological sites.
                   6.  All other areas as designated due to aesthetics
                       uniqueness, or high potential for contamination or
                       destruction.

                B. Where the floodplain district and this district overlap,
                   the regulations of this district shall prevail.

           3.13 DESIGNATION OF FLOODPLAIN DISTRICT
                A. Purpose
                To allow safe discharge of flood water, to preserve storage















                capacity of the floodplain     to minimize erosion and other
                problems which occur during times of flooding. To protect
                and promote the public health and general welfare.

                B. Designation
                The floodplain district shall include all lands adjacent to
                navigable waters or major drainage ways that would be inun-
                dated by the 100 year flood.

                C. Where the Environmental Significant District and this
                    district overlap, the regulations of the Environmentally
                    Significant District shall prevail.

           3.2  DISTRICT BOUNDARIES
                (1) Within one thousand (1,000) feet of the ordinary high-
                water mark of navigable lakes, ponds or flowages, Lakes,
                ponds or flowages in the municipality shall be presumed to be
                navigable if they are shown on the United States Geological
                Survey quadrangle maps or other zoning base maps which have
                been incorporated by reference and made a part of this
                ordinance.

           3.21 (2) Within three hundred (300) feet of the ordinary high-
                water mark of navigable rivers or streams, or to the landward
                side of the floodplain, whichever distance is greater. Rivers
                and streams shall be presumed to be navigable if they are
                designated as either continuous or intermittent waterways on
                the United States Geological Survey quadrangle maps or other
                zoning base maps which have been incorporated by reference and
                made a part of this ordinance. Floodplain zoning maps adopted
                in Section 3.1(2) shall be used to determine the extent of
                floodplain areas.

           3.22 Determinations of navigability and ordinary high-water mark
                location shall initially be made by the zoning administrator.
                When questions arise, the zoning administrator shall consult
                with the land office for a final determination of navigability
                or ordinary high-water mark.

           3.23 When a apparent discrepancy exists between the shoreland-
                wetland district boundary shown on the official zoning maps
                and actual field conditions at the time the maps were adopted,
                the zoning administrator shall make a determination for amend-
                ment for the wetlands map, if the shoreland-wetland district
                boundary as mapped, is in error. If the Business Committee
                concur with the zoning administrator that a particular area
                was incorrectly mapped as a wetland, the zoning administrator
                shall have the -authority to immediately grant or deny a zoning
                permit in accordance with the regulations applicable to the
                correct zoning district. In order to correct wetland mapping
                errors or acknowledge exempted wetlands designated in Section

















                                              8
                 6.00, the zoning administrator shall be responsible for initi-
                 ating a map amendment within a reasonable period.

           3.24  FILLED WETLANDS
                 The Tribe shall attempt to restore all wetlands that have been
                 filled, tiled, trenched or disturbed from their there natural
                 site. Therefore, filled wetlands are not necessarily exempt
                 from this ordinance.


           3.3   PERMITTED USES
                 The following uses are permitted subject to the provisions of
                 the Oneida Tribal Constitution with its Conservation and
                 Zoning Laws and Chapters 30 and 31, Wis. Stats., and the pro-
                 visions of other local, state and federal laws, if appli-
                 cable.


           3.31  Activities and uses which do not require the issuance of a
                 zoning permit provided that no wetland alteration occurs:

                 (1) Hiking, fishing, trapping, hunting, swimming, snowmobiling
                 and boating.

                 (2) The harvesting of wild crops, such as marsh hay, ferns,
                 moss, wild rice, berries, mushrooms, tree fruits and tree
                 seeds, in a manner that is not injurious to the natural re-
                 production of such crops.

                 (3) The practice of protective silviculture.

                 (4) The construction and maintenance of duck blinds.

                 (5) Wildlife Preserves, Conservancy Areas, and Scientific
                     Areas.


           3.32  Uses which do not require the issuance of a zoning permit and
                 which may involve wetland alterations only to the extent
                 specifically provided below:

                 (1) The practice of silviculture, including limited temporary
                 water level stabilization measures which are necessary to
                 alleviate abnormally wet or dry conditions that would have an
                 adverse impact on the conduct of silvicultural activities       if
                 not corrected.

                 (2) The cultivation of cranberries, including limited wetland
                 alterations necessary for the purpose of growing and har-
                 vesting cranberries.

                 (3) The maintenance and repair of existing drainage systems to
                 restore pre-existing levels of drainage, including the minimum
                 amount of filling necessary to dispose of dredged spoil,














               provided that the filling is otherwise permissible and that
               dredged spoil is placed on existing spoil banks where
               possible.

               (4) The construction and maintenance of fences for the
               pasturing of livestock, including limited excavating and
               filling necessary for such construction or maintenance.

               (5) The construction and maintenance of piers, docks, walk-
               ways, observation decks and trail bridges built on pilings,
               including limited excavating and fillIng necessary for such
               construction or maintenance.

               (6) The maintenance, repair,   replacement and reconstruction
               of existing highways and bridges, including limited exca-
               vating and filling necessary for such maintenance, repair,
               replacement or reconstruction.

         3.33  Uses which are allowed upon the issuance of a Zoning permit
               and which may include wetland alterations only to the extent
               specifically provided below:

               (1) The construction and maintenance of roads which are
               necessary for the continuity of the municipal street system,
               the provision of essential utility and emergency services or
               to provide access to uses permitted under Section 3. 3, of this
               ordinance, provided that:

               (a) The road cannot, as a practical matter, be located outside
                  the wetland;

               (b) The road is designed and constructed to minimize adverse
                   impacts upon the natural functions of the wetland listed
                   in Section 6.13 of this ordinance;

               (c) The road is designed and constructed with the minimum
                   cross-sectional area practical to serve the intended use;

               (d) Road construction activities are carried out in the
                   immediate area of the roadbed only; and

               (e) Any wetland alteration must be necessary for the construc-
                   tion or maintenance of the road.


               (f) The pasturing of livestock;

               (g) The cultivation of agricultural crops;

               (2) The construction and maintenance of nonresidential
                   buildings provided that:















                                           10
               (a) The building is used solely in conjunction with a use
                  permitted in the shoreland-wetland district or for the
                  raising of waterfowl, minnows or other wetland or aquatic
                  animals;

               (b) The building cannot, as a practical matter, be located
                  Outside the wetland;

               (c) The building does not exceed 500 square feet in floor
                  area; and

               (d) Only limited filling and excavating necessary to provide
                  structural support for the building is allowed.

               (3) The establishment and development of public and private
               parks and recreation areas, outdoor education areas, historic
               natural and scientific areas, game refuges and closed areas,
               fish and wildlife habitat improvement projects, game bird and
               animal farms, wildlife preserves and public boat launching
               ramps, provided that:

               (a) Any private development allowed Linder this paragraph shall
               be used exclusively for the permitted purpose;

               (b) Only limited filling and excavating necessary for the
               development of public boat launching ramps, swimming beaches
               or the construction of park shelters or similar structures is
               allowed;

               (c) The construction and maintenance of roads necessary for
               the uses permitted under this paragraph are allowed only where
               such construction and maintenance meets the criteria in
               Section 3.33(l) of this ordinance; and

               (d) Wetland alterations in game refuges and closed areas, fish
               and wildlife habitat improvement projects, game bird and
               animal farms and wildlife preserves shall be for the purpose
               of improving wildlife habitat or to otherwise enhance wetland
               value.


               (4) The construction and maintenance of electric and telephone
               transmission-lines, water and gas distribution lines and
               sewage collection lines and related facilities and the con-
               struction and maintenance of railroad lines provided that:

               (a) The utility transmission and distribution facilities and
               railroad lines cannot, as a practical matter, be located out-
               side the wetland.

               (b) Only limited filling or excavating necessary for such
               construction or maintenance is allowed; and














              (c) Such construction or maintenance is done in a manner
              designed to minimize adverse impacts upon the natural func-
              tions of the wetland listed in Section 6.13 of the ordinance.


         3.34 PERMITTED USES
              The following shall be allowed within the floodplain provided
              they are not prohibited by other sections or parts of this
              ordinance.
              A. Agriculture, Forestry, Recreation, non-essential
                  utilities.


              B. Floodproofing Methods:
                  1.   Placement of essential utilities above the flood
                       protection elevation.

                  2.   Construction of Water Supply and Waste Treatment'
                       systems to prevent the entrance of flood waters.

                  3.   Cutoff valves on sewer lines of the elimination of
                       gravity flow basement drains near the floodplain
                       100 year flood mark.

                  4.   Modifications to structures will not increase the
                       amount of obstruction to flood flows.

                  5.   Any addition to a structure shall be floodproofed, by
                       means other than the use of fill, to at least 2 ft
                       above the 100 year flood elevation.

                  6.   No structural repairs shall exceed 50% of the
                       assessed value of the structure adjusted to the most

         3.4  PROHIBITED USES

         3.41 Any use not listed in Section 3 and Section 4 of this
              ordinance is prohibited, unless the wetland or a portion of
              the wetland has been rezoned by amendment of this ordinance
              in accordance with Section 6.0 of this ordinance.


         3.42 The use'of a boathouse for human habitation and the construc-
              tion or placement of a boathouse or fixed houseboat below the
              ordinary high-water mark of any navigable waters are pro-
              hibited.



         SECTION 4 NQNQONFORMING STRUCTURES AND USES

         4.1 GENERAL PROVISIONS:
              The lawful use of a building, structure or property which
              existed at the time of this ordinance, or an applicable
              amendment to this ordinance, took effect and which is not in














                                           12
             conformity with the provisions of the ordinance, including the
             routine maintenance of such a building or structure, may be
             continued, subject to the following conditions:

        4. 121 The shoreland-wetland provisions of this ordinance authorized
             by 61.351, Wis. Stats., shall not limit the repair, recon-
             struction, renovation, remodeling, or expansion of a noncon-
             forming structure or of any environmental control facility
             related to such a structure in existence on the effective date
             of the shore land- wet land provisions. All other modifications
             nonconforming structures are subject to s.62.23(7)(h), Wis.
             Stats., which limits total lifetime structural repairs and
             alterations to 50% of current fair market value.
        4_-.13 If a nonconforming use or the use of a nonconforming structure
             is discontinued for twelve (12) consecutive months, any future
             use of the building, structure or property shall conform to
             this ordinance.


        4.14 Any legal nonconforming use of property which does not involve
             the use of a structure and which existed at the time of the
             adoption or subsequent amendment of this ordinance adopted
             tinder Sections 61. 351 or 62. 231, Wis. Stats. , may be continued
             although such use does not conform with the provisions of the
             ordinance. However, such nonconforming use may not be
             extended.


        4.15 The maintenance and repair of nonconforming boathouses which
             are located below the ordinary high-water mark of any
             navigable waters shall comply with the requirements of Section
             30.121, Wis. Stats.

        4.16 Uses which are nuisances under common law shall not be
             permitted to continue as nonconforming uses.

        4.2  FILLINC3. GRADING, LAGOONING. DEGRADING OR EXCAVATING

        4.21 No filling, grading lagooning, dredging or excavating
             within a strip parallel to the shoreline and extending 50ft
             inland from all points along the ordinary high-water mark or
             within the environmentally significant district shall be
             allowed. A variance may be granted if it can be shown that
             such a proposal will not cause irreversible damage.

        4.3  EMERGENCY
             In instances of genuine emergency, individuals or parties
             may act in contrast to the above regulations where immediate
             and decisive measures are required to protect against loss of
             life, injury or*extreme property lose.
             Any individual or organization who does this must demonstrate
             to the zoning administrator that the time needed to secure















                                       13
           prior approval would have been detrimental and that reasonable
           means were used to deal with the situation.
           No hearing or permit fees shall be charged in situations
           involving emergency action.

      4.4  NON-CONFORHING USES WHICH HUST CONFORM WITHIN A SET TIME
           PERIOD
           (A) Setbacks for pasture and agriculture which were in
           existence at the time of the first adoption of this ordinance,
           shall come into compliance within three years following the
           date each case is recorded as a nonconfo.rming use.

           (B) Feedlots and Barnyards shall come into compliance for the
           minimum setback within 3 years that each case is recorded as
           nonconforming.

           (C) The date which the Zoning administrator requires for
           compliance and contacts any individual or other party which
           maintains any nonconforming place shall be dependent on the
           severity of the case of pollution.

      4.5         ON
           C_0RD_LTJ'L)_HS ATTACHED TO PERMITS
           In granting a special exception permit or land use permit for
           filling, grading, lagooning, dredging, or excavating, the
           following considerations shall be addressed and specific
           conditions shall be attached to the permit where applicable.
           (A) The smallest amount of disturbed or bare ground shall be
               exposed for the shortest time feasible.

           (B) Temporary vegetation or mulching be applied as necessary
               and permanent cover be established as soon as possible.

      4.6 EXTRACTION OPERATIQN2
           (A) Gravel pits, quarries and other earth material extraction
               operations shall maintain a minimum setback of 100 feet
               from the ordinary high-water mark of navigable waterways
               and major drainage ways and shall not operate in the
               Environmental Significant District.

           (B) At the time of site discontinuation or abandonment a
               horizontal to vertical slope of 3:1 or flatter must be
               obtained. The final slope must be stabilized to prevent
               erosion.


      SECTION 5 ADMINISTRATION

      5.1 ZONING ADMINISTRATOR
           The Ordinance Administrator as referred to in the 1981 version
           is the appointed zoning administrator for the purpose of
           administering and enforcing this ordinance.














                                        14
           The Business Committee, largely through it Zoning Admin-
           istrator shall have the duty and power to enforce the
           provisions of this ordinance and all other ordinance, laws,
           and orders of the Oneida Tribe of Indians which relate to
           shorelands, floodplains, surface waters and groundwaters of
           the Oneida Indian Reservation.


           The Oneida Zoning Administrator shall have the following
           duties and powers:

     5.12  Advise applicants as to the provisions of this ordinance and
           assist them in preparing permit applications and appeal forms.

     5.1.3 Issue permits and certificates of compliance and inspect
           properties for compliance with this ordinance.

     5.14  Keep records of all permits issued, inspections made, work
           approved and other official actions.

     5.15  Have access to any structure or premises between the hours of
           8 a.m. and 6 p.m. for the purpose of performing these duties.

     5.16  Submit copies.of decisions on variances, conditional use
           permits, appeals for a map or text interpretation, and map
           or text amendments within 10 days after they are granted o'r
           denied, to the appropriate district office of the Department.

     5.17  Investigate and report violations of this ordinance to the
           Business Committee appeals commission. If non-tribal person
           is in violation then the violations will be reported to Brown
           County or Outagamie County Zoning Administrator.

     5.2   ZONING PERMITS


     5.21  WHEN REQUIRED

           Unless another section of this ordinance specifically exempts
           certain types of development from this requirement, a zoning
           permit shall be obtained from the zoning administrator before
           any new development, as defined in section 3.3, of this
           ordinance, or any change in the use of an existing building
           or structure is Initiated.


     5.22  APPLICATION

           An application for a zoning permit shall be made to the zoning
           @dministrator upon forms furnished by the Tribe and shall
           include, for the purpose of proper enforcement of these reg-
           ulations, the following information:

           (1) GENERAL INFORMATIQN














                                        15
          (a) Name, address, and telephone number of applicant, property
          owner contractor, where applicable.

          (b) Legal description of the property and a general descrip-
          tion of the proposed use or development.

          (c) Whether or not a private water supply or sewage system is
          to be installed.


          (2) SITE DEVELOPHENT PLAN

          The site development plan shall be submitted as a part of the
          permit application and shall contain the following information
          drawn to scale:


          (a) Dimensions and area of the lot;

          (b) Location of any structures with distances measured from
          the lines and center line of all abutting streets or highways;

          (c) Description of any existing or proposed on-site sewage
          systems or private water supply systems;

          (d) Location of the ordinary high-water mark of any abutting
          navigable waterways;

          (e) Boundaries of all wetlands;

          (f) Existing and proposed topographic and-drainage features
          and vegetative cover';

          (g) Location of floodplain and floodway limits on the property
          as determined from floodplain zoning maps;

          (h) Location of existing or future access roads; and

          (i) Specifications and dimensions for areas of proposed wet-
          land alteration.



    5.23  EXPIRATION


          All permits issued under the authority of this ordinance shall
          expire two years from the date of issue. Work permitted shall
          be completed prior to the expiration date. Extension for
          additional periods of 6 months may be granted by the zoning
          administrator or the adjustment committee subject to the
          following conditions.
          (A) Extension requests be made in writing to the Zoning
              Administrator at least 90 days prior to the permit expir-
              ation date.














                                       16
          (B) Permits shall be reviewed by the Zoning Administrator.

     5.3  CERTIFICATES OF COMPLIANCE

     5.31 Except where no zoning permit or conditional use permit is
          required, no land shall be occupied or used, and no building
          which is hereafter constructed, altered, added*to, modified,
          rebuilt or replaced shall be occupied, until a certificate
          of compliance is issued by the zoning administrator subject
          within 15 days of an inspection which results in a verdict
          of project compliance. The certificate of compliance is
          subject to the following provisions:

          (1) The certificate of compliance shall show that the
          building or premises listed in the permit application and the
          standards applicable to the conditional uses designated in
          section 3.33 of this ordinance. The Business Committee shall
          attach such conditions to a conditional use permit, in addi-
          tion to those required elsewhere in this ordinance, as are
          necessary to further the purpose of this ordinance as listed
          in section 3. Such conditions may include specifications for,
          without limitation because of specific enumeration: type of
          shore cover; erosion controls; increased setbacks; specific
          sewage disposal and water supply facilities; landscaping and
          planting screens; period of operation; operational control;
          sureties; deed restrictions; location of piers, docks, parking
          areas and signs; and type of construction. To secure informa-
          tion upon which to base its determination, the Business
          Committee may require the applicant to furnish, in addition to
          the infoi@mation required for a zoning permit, other pertinent
          information which is necessary to determine that such use
          conforms-to the provisions of this ordinance.

     5.4  CONDITIONAL USE PERMITS


     5.41 APPLTCATION


          Any use listed as a conditional use in this ordinance shall be
          permitted only after an application has been submitted to the
          zoning administrator and a conditional use permit has been
          granted by the Business Committee following the procedures in
          sections 5.8-9, 5.83 and 5.84 of this ordinance.

     5.42 CONDITIONS

          Upon consideration of the permit application and the standards
          applicable to the conditional uses designated in section 3.33
          of this ordinance, the Business Committee shall attach such
          conditions to a co 'nditional use permit, in addition to those
          required elsewhere in this ordinance, as are necessary to
          further the purposes of this ordinance as listed in section 3.













                                    17
        Such conditions may include specifications for, without
        limitation because of specific enumeration: type of shore
        cover; erosion controls; increased setbacks; specific sewage
        disposal and water supply facilities; landscaping and planting
        screens; period of operation; operational control; sureties;
        deed restrictions; location of piers, docks, parking areas and
        type of construction. To secure information upon which to
        base its determination, the Business Committee may require the
        applicant to furnish, in addition to the information required
        for a zoning permit, other pertinent information which is
        necessary to determine if the proposed use is consistent with
        the purpose of this ordinance.

  5.5   FEES

        The Business Committee may, by resolution, adopt fees for the
        following:

        (1) Zoning permits.

        (2) Certificates of compliance.

        (3) Public hearings.

        (4) Legal notice publications.

        (5) Conditional use permits.

        (6) Rezoning petitions.

        (A) Any individual or other party upon filling an application
        for permits, receiving a certificate of compliance, or
        requesting a public hearing shall pay a fee to the Zoning
        Administrator according to the following schedule:

        The fee paid,shall be the greater of the two amounts.
        Land use permit ...... $5.00 or .04% of the total project cost.
        Public Hearing (Special ... $25.00 or .2% of the total project
        cost. Exception, Variances, Appeal of Administrative
        Decisions, Mapping Disputes)

        (B) To encourage conservation practices, any project which is
        an approved conservation practice shall be excepted from the
        payment of a fee.

   5.6  RECORDING


        Where a zoning permit or conditional use permit is approved,
        an appropriate record shall be made by the zoning adminis-
        trator of the land use and structures permitted.














                                    18
 5.7   REVOCATION


       Where a zoning permit   or conditional use permit is approved,
       an appropriate record   shall be made by the zoning adminis-
       trator of the land use and structures permitted.

       A copy of such decision shall be mailed to the parties in
       interest and the Business Committee within 10 days after the
       decision is issued.


 5.8   APPEALS


 5.81  The Business Committee shall act as Board of Appeals:

       (1) Shall hear and decided appeals where it is alleged there
       is error in any order, requirement, decision or determination
       made by an administrative official in the enforcement or
       administration of this ordinance.


       (2) Shall hear and decide applications for conditional use
       permits.

       (3) May authorize upon appeal a variance from the dimensional
       standards of this ordinance where an applicant convincingly
       demonstrates:


       (a) That literal enforcement of the terms of the ordinance
       will result in unnecessary hardship for the applicant.

       (b) That the hardship is due to special conditions unique to
       property; and is not self-created or based solely on economic
       gain or loss;

       (c) That such variance is not contrary to the public interest
       as expressed by the purpose of this ordinance and;

       (d) That such variance will not grant or increase any use of
       property which is prohibited in the zoning district.
k.82   APPEALS TO THE BOARD

       Appeals to the Business Committee may be taken by an person
       aggrieved or by an officer, department, board or bureau of the
       community affected by any order, requirement, decision, or
       determination of the zoning administrator or other administra-
       tive official. Such appeals shall be taken within a
       reasonable time, as provided by the rules of the Business
       Committee by filing with the official whose decision is in
       question, and with the Business Committee, a notice of appeal
       specifying the reasons for the appeal. The zoning adminis-
       trator or other official whose decision is in question shall













                                     19
        transmit to the Business Committee  all  the papers constituting
        the record on the matter appealed.

   5.83 PUBLIC HEARINGS

        (1) Before making a decision on an appeal or application, the
        Business Committee shall, within a reasonable period of time,
        hold a public hearing. The Board shall give public notice of
        the hearing by publishing in the Tribal Newspaper a notice
        specifying the date, time and place of the hearing and the
        matters to come before the Business Committee. At the public
        hearing, any party may present testimony in person, by agent
        or by attorney. (The tribe shall not party for attorney fees) .

        (2) A copy of such notice shall be mailed to the parties in
        interest and the appropriate district office of the Department
        at least 10 days prior to all public hearings on issues
        involving shoreland-wetland zoning.

   5.84 DECISIONS


        (1) The final disposition of an appeal or application for a
        conditional use permit before the Business Committee shall be
        in the form of a written decision, made within a reasonable
        time after the public hearing and signed by the Tribal Chair-
        person. Such decision shall state the specific fact which
        are the basis of the determination and shall either affirm,
        reverse, or modify the order, requirement, decision or
        determination appealed, in whole or part, dismiss the appeal
        for lack of jurisdiction or prosecution, or-grant the appli-
        cation for a conditional use. All decisions are final.



   SECTION 6.0 AMENDING SHORELAND-WETLAND ZONING REGULATIONS

   6.1  The Oneida Tribe of Wisconsin through its Business Committee
        may alter, supplement or change the wetland district
        boundaries and the regulations contained in this ordinance
        and the following:

   6.11 A copy of each proposed text or map amendment shall be
        submitted to the appropriate district office of the Depart-
        ment within 5 days of the submission of the proposed
        amendment to the municipal planning agency;

   6.12 All proposed text and map amendments to the shoreland-
        wetland zoning regulations shall be referred to the Oneida
        Tribal Planning Dept and to the Environmental Dept.

   6.13 A wetland may not be rezoned or a portion thereof, in the
        shoreland-wetland district if the proposed rezoning may













                                 20
     result in a significant adverse impact upon any of the
     following:

     (1) Storm and flood water storage capacity;

     (2) Maintenance of dry season stream flow or the discharge
     of groundwater to a wetland, the recharge of groundwater
     from a wetland to another area or the flow of groundwater
     through a wetland;

     (3) Filtering or storage of sediments, nutrients, heavy
     metals or organic compounds that would other wise drain into
     navigable waters;

     (4) Shoreline protection against erosion;

     (5) Fish spawning, breeding, nursery or feeding grounds;

     (6) Wildlife habitat; or

     (7) Areas of special recreational, scenic or scientific
     interest, including scarce wetland types and habitat of
     endangered species.

  14 Where the Zoning Administrator or the Environmental
     Department determines that a proposed rezoning may have
     a significant adverse impact upon any of the criteria listed
     in section 6.13, of this ordinance, the Department shall so
     notify the Business Committee of its determination either
     prior to or during the public hearing held oft the proposed
     amendment.


  15 The Zoning Administrator and the Environmental Department
     shall be provided with:

     (1) A copy of the recommendation and report, if any, of the
     municipal planning agency on a proposed text or map amendment,
     within 10 days after the submission of those recommendations
     to the Business Committee.


     (2) Written notice of the action on the proposed text or map
     amendment within 10 days after the action is taken.


ORCTION 7 ENFORCEMENT AND PENALTIES

r-1  Governmental Role.
     Any development, building or structure or accessary building
     or structure constructed, altered, added to, modified, rebuilt
     or replaced or any use or accessary use established after the
     effective date of this ordinance in violation of the













                                 21
      provisions of this ordinance, by any person, firm, associa-
      tion, corporation (including building contractors or their,
      agents) shall be deemed a violation. The zoning administrator
      shall refer violations to the Business Committee.

      Any person, firm, association, or corporation who violates or
      refuses to comply with any of the provisions of this ordinance
      shall be subject to a forfeiture to the Oneida Tribe of
      Indians the costs of Business Committee declaratory action
      and all costs associated with the restoration of the affected
      shoreland-wetland area to its original condition prior to the
      non-conformance to the fullest extent possible as determined
      by the zoning administrator. The forfeiture of costs
      associated with restoration may be avoided if restoration is
      accomplished by the individual or party in non-conformance.
      All restoration work shall be subject to approval by the
      zoning administrator.
t 2   NON-GOVERNMENTAL COURSE OF ACTION
      Every non-conformance with the provisions of this Ordinance
      may be ended by the action of any individual or other party
      residing or located within the Oneida Indian Reservation, or
      any other party may forward a non-conformance to the Zoning
      Administrator. Upon receipt of a written petition, the
      zoning administrator shall establish whether or not a non-
      conformance exists. If it is determined that a non-
      conformance does exist the zoning administrator shall seek
      appropriate means as established in section 7 to resolve the
      situation. If the situation is determined to be in conformity
      with this ordinance, no further action is taken. This
      determination of the zoning administrator may be appealed
      according to section 5.82, 5.83, 5.84.

7.3   ADMINISTRATIVE REMEDIES
      Prior to any litigation the zoning administrator shall seek
      to remedy any non-conformance through administrative means.
      The zoning administrator shall contact any party in non-
      conformance with this ordinance and inform them of such
      non-conformance. The zoning administrator shall work the
      individual or party to aid in developing a plan to attain
      compliance. Only if this fails or if there is no response
      from the individual or party within 30 days shall the zoning
      administrator pursue litigation. Where it is determined by
      the Zoning Administrator that immediate action is necessary
      to enjoin a development or land use, the zoning administrator
      shall bypass the above procedure, however the zoning adminis-
      trator shall always contact the individual or party to seek
      voluntary relief prior to litigation.



7.4 SUPPLEMENTAL ENFORCEMENT AND PENALTIES:












                                   22
      The Business Committee and   the appeals commission shall have
      all the powers of a court of equity including the power to
      enforce its orders and the power to enjoin an individual or
      other party.
1ECTION 8. DEFINTTIQNS

   1  INTERPRETATION OF TERMS:
      For the purpose of administering and enforcing this ordinance,
      the terms or words used herein shall be interpreted as
      follows: Words used in the present tense include the future;
      words in the singular number include the plural number; words
      in the plural number include the singular number. The word
      .. shall' is mandatory, not permissive. All distances unless
      otherwise specified, shall be measured horizontally and shall
      be to the nearest integral foot; if a fraction is less than
      one-half foot, the next integral foot below shall be taken.

   2  MEANING OF TERMS:
      The following terms used in this ordinance mean:
      The word "Tribe" shall mean the Oneida Tribe of Indians of
      Wisconsin.
      (1) "Accessory structure or use:" means a detached subordinate
      structure or a use which is clearly incidental to, and
      customarily found in connection with, the principle structure
      or use to which it is related and which is located on the same
      lot as that of the principle structure or use.
      (2) Appropriate Water Use: means the use of water, which is
      associated with or affects water which is consistent with the
      specific guidelines and the spirit of this ordinance.
      (3) Associated Wetlands: are those wetland area which either
      influence are influenced by and are in proximity to any
      stream, river, or other water body.
      (4) Aquatic Life: means any living organism which derives its
      existence and would not survive without a water environment
      for a significant portion of its life cycle.
      (5) Barnyard: for the purpose of this ordinance means an area
      associated with a structure for housing domestic animals, A
      barnyard is the fenced area where the animals are kept.
      (6) Building: Any structure intended for the support, shelter,
      or enclosure of any person, chattel, or property of any kind.
      (7) Building Line: The line that is defined as the minimum
      distance a building must be set back from the road right-of-
      way or shall be defined as a line parallel to the road right
      of way which passes through the front most part of the
      building, whichever is greatest.
      (8) "Boathouse" as defined in section 30. 121 (1), Wis. Stats. ,
      means a permanent structure used for the storage of watercraft
      and associated materials and includes all structures which are
      totally enclosed, have roofs or walls or any combination of
      structural parts.












                                 23
     (9) "Class 2 public notice" means publication of a public
     hearing notice in the Kaliwisaks newspaper. Publication is
     required at least seven days prior to the hearing.
     (10) "Conditional use" means a use which is permitted by this
     ordinance provided that certain conditions specified in the
     ordinance are met and that a permit is granted by the Business
     Committee.
     (11) "Development" means any man-made change to improved or
     unimproved real estate, including, but not limited to, the
     construction of additions or substantial alterations to
     buildings, structures or accessory structures; the placement
     of buildings or structures; ditching, lagooning, dredging,
     filling, grading, paving, excavation or drilling operations;
     and the deposition or extraction of earthen materials.
     (12) "Drainage system" means one or more artificial ditches,
     tile drains or similar devices which collect surface runoff or
     groundwater and convey it to a point of discharge.
     (13) "Environmental control facility" means any facility,
     temporary or permanent, which is reasonably expected to abate,
     reduce or aid in the prevention, measurement, control or
     monitoring of noise, air or water pollutants, solid waste and
     thermal pollution, radiation or other pollutants, including
     facilities installed principally to supplement or to replace
     existing property or equipment not meeting or allegedly not
     meeting acceptable pollution control standards or which are
     to be supplemented or replaced by other pollution control
     facilities.
     (14) "Fixed houseboat" as defined in section 30.121(l), Wis.
     Stats., means a structure not actually used for navigation
     which extends beyond they ordinary high-watermark of a
     navigable waterway and is retained in place either by cables
     to the shoreline or by anchors or spudpoles attached to the
     bed of the waterway.
     (15) "Navigable waters" means Lake Superior, Lake Michigan,
     all natural inland lakes within Wisconsin, and all streams,
     ponds, slough, flowages and other waters within the
     territorial limits of this state, including the Wisconsin
     portion of boundary waters, which are navigable under the
     laws of this state. Under section 144.26(2)(d), Wis. Stats.,
     not withstanding any other provision of law or administrative
     rule promulgated thereunder, shoreland ordinances required
     under sections 61.351 or 62.221, Wis. Stats., and Chapter
     NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm
     drainage ditches if;

     (a)     Such lands are not adjacent to a natural navigable
             stream or river;

     (b)     Those parts of such drainage ditches adjacent to such
             lands were not. navigable streams before ditching; and











                               24
  (c)     Such lands are maintained in nonstructural
          agricultural use.

    Wisconsin's Supreme Court has declared navigable bodies of
    water that have' a bed differentiated from adjacent uplands and
    levels or flow sufficient to support navigation by a recrea-
    tional craft of the shallowest draft on an annually recurring
    basis [Muench v. Public Service Commission, 261 Wis. 492
    (1952) and DeGaynor and Co., Inc., v. Department of Natural
    Resources, 70 Wis. 2d 936 (1975)]. For example, a stream
    which is navigable by skiff or canoe during normal spring
    high water is navigable, in fact, under the laws of this state
    though it may be dry during other seasons."

    (16) "Ordinary high-water mark" means the point on the bank or
    shore up to which the presence and action of surface water is
    so continuous as to leave a distinctive mark such as by
    erosion, destruction or prevention of terrestrial vegetation,
    predominance of aquatic vegetation, or other easily recog-
    nized characteristic.
    (17) "Planning Dept" means the Tribal planning dept which maps
    zoned areas.
    (18) "Shorelands" means lands with the following distances
    from the ordinary high-water mark of navigable waters; 1,000
    feet from a lake, pond or flowage; and 300 feet from a river
    or stream or to the landward side of the floodplain, whichever
    distance is greater.
    (19) "Shoreland-wetland district" means the zoning district
    created as part of this shoreland zoning ordinance, comprised
    of shorelands that are designated as wetlands on the wetland
    maps which have been adopted and made a part of this
    ordinance.
    (20) "Special exception conditional use" means a use which is
    permitted by this ordinance provided that certain conditions
    specified in the ordinance are met and that a permit is
    granted by the Business Committee.
    (21) "Unnecessary hardship" means that circumstances where
    special conditions, which were not self-created, affect a
    particular property and make strict conformity with restric-
    tions governing area, setbacks, frontage, height or density
    unnecessarily burdensome or unreasonable in light of the
    purposes of this ordinance.
    (22) "Variance" means an authorization granted by the Business
    Committee that deviates,from the dimensional standards of this
    ordinance.
    (23) "Wetlands" means those areas where water is at, near or
    above the land surface long enough to be capable of supporting
    aquatic or hydrophytic vegetation and which have soils
    indicative of wet conditions.


























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                                                       ONEIDA RESERVATION SHORELAND ORDINANCE
                                                                            COASTAL MANAGEMENT PROGRAM
                                                                                               APPROVED JANUARY 25, 1982
                                                                                       ONEIDA TRIBAL BUSINESS COMMITTEE
                                                                          TNIOAL LAND
                                                                          (OU(LTIN(, DISTRICIA
                                                                          @IiOHELANO ZONE:

                                                                          FLOODPLAI" DISINICI                                                            JANUARY i9ai
                                                                                                                            e5L.,, 14                    FROM 11?l AND 1974
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