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04-19-21-WS
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04-19-21-WS
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22 Revised 10/03/2019 Ordinance Language Commentary 6.4 Placement, Height, and Design of Structures. 6.41 OHWL Setback for Structures and Sewage Treatment Systems. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks, and comply with the following OHWL setback provisions. The structure setback standards for sewered properties can only be used if publicly owned sewer system service is available. Waterbody Classification Structures with No Sewer Structures with Sewer Sewage Treatment Systems Natural Environment Lakes 150 150 150 Recreational Development Lakes 100 75 75 General Development Lakes 75 50 50 Remote Rivers 200 200 150 Forested and Transition Rivers 150 150 100 Agriculture, Urban, & Tributary Rivers 100 50 75 A.OHWL Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet setbacks from the Ordinary High Water Level (OHWL), except that one water-oriented accessory structure or facility, designed in accordance with Section 7.3 of this ordinance, may be set back a minimum distance of ten (10) feet from the OHWL: B.Setback averaging. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or in a bluff impact zone (see Figure 7); Figure. 7 Structure Setback Averaging 6.4. Local governments may apply stricter standards than those listed here. Increasing structure setbacks can help reduce the risk of erosion in near shore areas and enhance the aesthetic character of lakes and shorelands. Larger setbacks also allow room for larger riparian buffers. Increasing septic system setbacks increases reduces the risk of subsurface effluent reaching surface waters. 6.41 Optional addition. This language clarifies that the ”sewer” standards only apply if a publicly owned sewer system is available to the property to be consistent with similar language in Section 6.23 which is specified in rule. 6.41.A. Optional language. Keeping impervious surfaces away from the riparian edge is important for reducing the risk of erosion in the near shore area and nutrient loading into surface waters due to runoff. Section 7.3 of this ordinance allows for some exceptions for impervious surfaces in the near shore area. ALL accessory structures must meet floodplain standards and are prohibited in floodways. 6.41.B. Local governments may choose to exclude this provision from their ordinance or only apply it to nonconforming lots.
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