Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

CSV.7.5.010 Setbacks from Navigable Water

(a) Building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution.

(b) For lots that abut on navigable waters, all buildings and structures, new dwellings on vacant lots and replacement dwellings; except piers and boat hoists shall be set back a minimum of 75 feet from the ordinary high-water mark of navigable waters and wetlands adjacent to any navigable water. The minimum setbacks shall be 100 feet on the Chippewa Flowage. All setback distances are measured from the overhang or appendage such as a deck, horizontally to the closest point of the ordinary high-water mark. For lots that abut on nonnavigable wetlands, all buildings and structures shall be set back a minimum of 50 feet from the wetland boundary. Navigable wetlands shall be determined by a representative of the Lac Courte Oreilles Conservation Department. Certification of wetland delineation, if required, is the responsibility of the property owner.

(c) New boathouses shall not be allowed within 75 feet (100 feet on the Chippewa Flowage) of the ordinary high-water mark of navigable waters.

(d) Retaining walls shall not be allowed within 75feet (100 feet on the Chippewa Flowage) of the ordinary high-water mark of navigable waters, within 75 feet (100 feet on the Chippewa Flowage) of navigable wetlands or within 50 feet of nonnavigable wetlands.

(1) A need for retaining walls shall not be created by excavation activities.

(2) Existing retaining walls, at their point of replacement/major repair, shall be removed or reduced in height.