NR 118.06(1)(f)4. 4. In the rural residential management zone and conservation management zone, structures that do not meet the requirements of subd. 2. or 3. may be permitted within the bluffline setback area if they are set back at least 40 feet from the bluffline and meet all of the following performance standards:
NR 118.06(1)(f)4.a. a. The structure does not protrude above the bluffline as viewed from at or near the mid-line of the river or from 250 feet riverward from the shoreline, whichever is less.
NR 118.06(1)(f)4.b. b. The structure is not located within a slope preservation zone.
NR 118.06(1)(f)4.c. c. The structure utilizes earth-tone building materials that are of a non-reflective nature, except that windows may be made of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.
NR 118.06(1)(f)4.d. d. The structure is visually inconspicuous.
NR 118.06(1)(g) (g) If, prior to November 1, 2004, a local unit of government has measured the ordinary high water mark setback or bluffline setback, or both, under its Lower St. Croix riverway ordinance to the nearest point of the foundation of a structure instead of measuring to roof overhangs, the local unit of government may continue to measure the ordinary high water mark setback and bluffline setback on a horizontal plane from the foundation of the structure at the point nearest to the ordinary high water mark or bluffline. The local unit of government shall measure the ordinary high water mark setback and the bluffline setback on a horizontal plane from the point of any cantilevered portions of the structure that is nearest the ordinary high water mark or bluffline. For new structures constructed after November 1, 2004, if the local unit of government continues to measure the ordinary high water mark or bluffline setback, or both, from the nearest point of the foundation of a structure instead of from roof overhangs, the local unit of government shall limit roof overhang width to no more than 3 feet. The local unit of government shall also require any cantilevered portion of the structure other than roof overhangs to be set back from the ordinary high water mark as required in par. (e) and to be set back from the bluffline as required in par. (f).
NR 118.06(2) (2) Structure color standards. The following structure color standards shall apply:
NR 118.06(2)(a) (a) In all management zones, structures designated as historic buildings or located in designated historic districts shall be either earth-tone colored or colored appropriate to the period in history for which they were designated.
NR 118.06(2)(b) (b) Except as provided in par. (a), in the river town management zone, structure color requirements shall be determined by local zoning ordinance.
NR 118.06(2)(c) (c) Except as provided in par. (a), in the small town, small town historic, rural residential and conservation management zones, all new, expanded or reconstructed structures shall be earth-tone colored.
NR 118.06(3) (3)Sign standards. Signs are allowed in all management zones if one or more of the following criteria are met:
NR 118.06(3)(a) (a) The sign is approved by state or local government and is necessary for public health or safety.
NR 118.06(3)(b) (b) The sign indicates areas that are available or not available for public use.
NR 118.06(3)(c) (c) The sign is not visible from the river and is otherwise lawful.
NR 118.06(4) (4)Structural erosion control measures. Except for rock rip-rap that is allowed in compliance with the requirements in s. NR 118.05 (1) (a) 2. d., structural erosion control measures may only be placed above the ordinary high water mark and within the ordinary high water mark setback area and bluffline setback area if all of the following criteria are met:
NR 118.06(4)(a) (a) The structural erosion control measure is constructed outside of slope preservation zones, or a conditional use permit has been issued in compliance with the requirements of s. NR 118.07 (6).
NR 118.06(4)(b) (b) The local zoning authority determines that structural erosion control measures are necessary to address significant on-going erosion that nonstructural erosion control measures cannot control.
NR 118.06(4)(c) (c) The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.
NR 118.06(4)(d) (d) The person seeking to construct the structural erosion control measure submits a detailed construction plan, an erosion control plan and a vegetative management plan, showing how the structural erosion control measure will be constructed, what land disturbing activities will take place, what, if any, vegetation will be removed, and how new, native vegetation will be re-established. Construction may not proceed until the local zoning authority has approved the plans.
NR 118.06(5) (5)Slope preservation zone standards. No structures, except piers, wharves, structural erosion control measures, stairways and lifts, may be placed in slope preservation zones. Slopes greater than 12% may not be altered to become less than 12%.
NR 118.06(6) (6)Vegetation management.
NR 118.06(6)(a)(a) Goals. All of the following goals apply to all management zones:
NR 118.06(6)(a)1. 1. The primary goals of these vegetative management provisions are to screen structures to make them visually inconspicuous and to prevent disturbance of environmentally sensitive areas such as steep slopes, shorelines and blufftop areas.
NR 118.06(6)(a)2. 2. A secondary goal is to maintain and restore historically and ecologically significant plant communities and enhance diversity.
NR 118.06(6)(a)3. 3. Successional climax forest and pre-settlement disturbed oak savanna will be the preferred forest ecotype examples of significant plant communities.
NR 118.06(6)(a)4. 4. Vegetative screening of structures will take priority over restoration and maintenance of significant plant communities.
NR 118.06(6)(b) (b) Standards.
NR 118.06(6)(b)1.1. `Vegetation management standards in all management zones.' In all management zones, all of the following vegetation management standards shall apply:
NR 118.06(6)(b)1.a. a. Vegetation in ordinary high water mark setback areas, slope preservation zones and 40 feet landward of blufflines shall be left undisturbed, except as provided elsewhere in this subsection or in s. NR 118.07 (3), (4) or (9).
NR 118.06(6)(b)1.b. b. Vegetation may not be disturbed or removed if it would disrupt the visually inconspicuous character of structures, reduce the quality or diversity of the plant community, or increase the potential for erosion, except as provided elsewhere in this subsection or in s. NR 118.07 (3), (4) or (9).
NR 118.06(6)(b)1.c. c. Routine pruning of trees or shrubs to improve their health and vigor, pruning to provide a filtered view of the river, pruning to prevent property damage, or removing trees that pose an imminent safety hazard to persons or structures is allowed.
NR 118.06(6)(b)1.d. d. Lawns within the ordinary high water mark setback areas, slope preservation zones, bluffline setback areas and within conservation management zones may not be expanded. However, mowing of existing lawns may be continued.
NR 118.06(6)(b)1.e. e. These standards do not prohibit the growth and harvest of non-wood-fiber crops, the removal of vegetation in order to allow permitted uses or structures or conditional uses, the removal of state-designated noxious weeds, and the pruning or removal of vegetation to prevent insect infestation or disease that threaten large areas of vegetative cover.
NR 118.06 Note Note: Noxious weeds include those species designated by s. 66.0407 (1) (b), Stats., which includes Canada thistle, leafy spurge and field bindweed, and any other such weeds as the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.
NR 118.06(6)(b)2. 2. `Additional vegetation management standards in river town, small town and small town historic management zones.' In addition to the vegetation management standards found in subd. 1., the following vegetation management standards also apply in river town, small town and small town historic management zones: If there are fewer than 25 trees over 5 inches in diameter on the lot between the building line and the river, the existing number of trees over 5 inches in diameter shall be maintained, and any trees that are removed as allowed in subd. 1. shall be replaced by trees that are at least one inch in circumference at the base.
NR 118.06(6)(b)3. 3. `Additional vegetation management standards in the rural residential and conservation management zones.' In addition to the standards found in subd. 1., all of the following standards also apply in the rural residential and conservation management zones:
NR 118.06(6)(b)3.a. a. Herbicide use shall be limited to direct topical application to cut stems to kill noxious weeds, exotic species, poison ivy, poison oak or poison sumac, or as a prescribed treatment within a forest stewardship plan.
NR 118.06(6)(b)3.b. b. The practice of forestry shall be allowed on lands for which a forest stewardship plan has been developed under ch. 77, Stats., or ch. NR 46 or 47, and on lands managed under forest stewardship plans that employ best management practices for water quality protection, erosion control and generally accepted forest management guidelines and have been approved by a department forester. Forest stewardship plans prepared under this section shall be implemented to employ commonly accepted silvicultural practices approved by a department forester, to ensure that silvicultural practices are compatible with the riverway goals of protecting natural scenic values and ensuring that structures will remain visually inconspicuous. Cutting, harvesting or removal of timber under this provision on land that is visible from the river during the time when the leaves are on the deciduous trees may only include the following practices: small regeneration cuts with boundaries designed to harmonize with naturally occurring shapes; shelterwood cuts not to exceed the size, shape, spacing or timing of regeneration cuts; or selection cutting leaving a residual timber stand of at least 60 square feet basal area.
NR 118.06 Note Note: Generally accepted forest management guidelines, which include guidelines for forest aesthetics, are described in a WDNR publication titled Wisconsin Forest Management Guidelines, PUB-FR-226 2003 available from the WDNR Forestry Division, PO Box 7921, Madison, Wisconsin 53707-7921 or on the Wisconsin DNR web site at http://dnr.wi.gov/topic/ForestManagement/guidelines.html#toc.
NR 118.06(6)(b)3.c. c. Noxious weeds, exotic species, poison ivy, poison oak, poison sumac or any other vegetation that is removed shall be replaced with native vegetation.
NR 118.06(6)(b)4. 4. `Penalties.' In addition to any other penalties assessed by local authorities, the penalty for removing vegetation in violation of a local zoning ordinance implementing these rules shall include replacement of vegetation with native vegetation at the property owner's expense.
NR 118.06(7) (7)Private on-site wastewater treatment systems. Private on-site wastewater treatment systems shall be constructed in accordance with the requirements of ch. SPS 383.
NR 118.06(8) (8)Historic preservation. In the river town and small town historic management zones, the local unit of government shall adopt and enforce historic preservation ordinances and historic theme architectural standards for new or reconstructed development that will protect the historic character of their communities. Local units of government may establish a historic preservation commission or landmarks commission to review proposals affected by the ordinance. The ordinance shall define historic properties in the community and provide for review of proposals to alter, relocate, demolish or reconstruct historic properties as well as providing for review of any new development that may impact historic properties or impact the community's historic character.
NR 118.06(9) (9)Filling and grading. Filling and grading may be permitted outside slope preservation zones if all of the following requirements are met:
NR 118.06(9)(a) (a) Filling and grading activities are set back at least 40 feet from slope preservation zones.
NR 118.06(9)(b) (b) Filling and grading activities do not disturb more than 10,000 square feet of land.
NR 118.06(9)(c) (c) No wetlands are filled or drained.
NR 118.06(9)(d) (d) Any vegetation that is removed is replaced with native vegetation.
NR 118.06(9)(e) (e) Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
NR 118.06(9)(f) (f) As part of an erosion control plan, Wisconsin construction site best management practices are implemented.
NR 118.06 Note Note: Approved best management practices for construction site erosion control can be found in Wisconsin's Construction Site Best Management Practice Handbook (WDNR Pub. WR-222 November 1993 Revision) which is available from the Wisconsin Department of Administration, Document Sales, 4622 University Avenue, Madison, WI 53705-2156.
NR 118.06 History History: Cr. Register, June, 1980, No. 294, eff. 7-1-80; cr. (11) (a) 2. c., Register, May, 1982, No. 317, eff. 6-1-82; r. and recr. (2), (3) (a), (6) and (7), am. (3) (b), (4), (5), (8), (9) (intro.), (b), (c), (e) and (f), (10) (intro.), (a), (b), (f) and (h), (11) (intro.), (a) 2. intro., a. and b., (12) (a) 2. a., (14) (intro.), renum. (11) (a) 2. c. to be 2. d. and am., renum. (15) and (16) to be (16) and (17), cr. (11) (a) 2. c., (12) (d), (15) and (18), Register, February, 1984, No. 338, eff. 3-1-84; corrections in (15) and (18) were made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; CR 03-054: r. and recr. Register October 2004 No. 586, eff. 11-1-04; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.
NR 118.07 NR 118.07Conditional use standards. The conditional uses and structures listed in s. NR 118.05 (2) may be permitted if the requirements in s. NR 118.06 and the following standards are met:
NR 118.07(1) (1)Land divisions. A conditional use permit may be granted to divide property into lots if all of the following conditions are met:
NR 118.07(1)(a) (a) All lots proposed to be built on shall meet the minimum lot size requirements in s. NR 118.06 (1) (a) and (c), and shall be suitable for residential development in their existing condition without the need for a variance.
NR 118.07(1)(b) (b) All lots are suitable for their proposed use and will not be subject to the potential for flooding, inadequate drainage, severe erosion, inadequate water supply or inadequate sewage disposal capabilities.
NR 118.07(1)(c) (c) Use of the lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature which is likely to result in harm to the health, safety or welfare of future residents of the lots or of the local community.
NR 118.07(1)(d) (d) The local zoning authority shall consult with the state historical society concerning potential impacts to archeological sites. If the property is found to contain an archeological site, the local unit of government and the applicant shall develop and implement a plan to avoid or mitigate impacts to the archeological site with the assistance from the state historical society.
NR 118.07(2) (2)Planned cluster developments. A conditional use permit may be issued for a planned cluster development for single-family residences if all of the following criteria are met:
NR 118.07(2)(a) (a) The proposed clustering provides a better means of preserving scenic views, open space and shoreline than a traditional single-family residential subdivision.
NR 118.07(2)(b) (b) The proposed structures comply with the minimum ordinary high water mark and bluffline setbacks and height standards in s. NR 118.06 (1).
NR 118.07(2)(c) (c) Exceptions to the standards in s. NR 118.06 (1) (a) and (c) may be allowed for planned cluster developments, provided that the total number of single-family residences may not exceed 50% more than the total number of single-family residences allowed if the development complied with all standards in s. NR 118.06 (1) (a) and (c).
NR 118.07(2)(d) (d) On any lots that abut the river, all of the standards in s. NR 118.06 (1) shall be met.
NR 118.07(2)(f) (f) If lands are divided, the land division meets the requirements of sub. (1).
NR 118.07(3) (3)Transmission services. A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of transmission services if all of the following conditions are met:
NR 118.07(3)(a) (a) All new, updated or reconstructed transmission services shall be placed underground, if underground placement is determined to be technically feasible by the local unit of government. If an applicant seeks to establish that underground placement is technically infeasible, the application shall explain what factors make it infeasible.
NR 118.07(3)(b) (b) If underground placement is determined to be technically infeasible, overhead or above ground transmission services may be permitted, but shall be designed to minimize the adverse visual impact on the scenic character of the riverway.
NR 118.07(3)(c) (c) New, updated or reconstructed transmission services shall be constructed and maintained using minimally invasive techniques for construction and maintenance, including erosion control. Existing transmission facilities shall be maintained using minimally invasive techniques for maintenance, including erosion control.
NR 118.07(3)(d) (d) Cutting or clearing of vegetation for transmission service maintenance may be conducted; however, an understory layer of vegetation shall be maintained to prevent erosion and allow succession. Vegetation management shall protect the quality and diversity of the plant community and prevent erosion. Herbicide use shall be limited to direct topical application to cut stems to prevent regrowth. The pruning of normal tree growth for safety reasons or to prevent interference with the transmission service and removal of noxious weeds is allowed.
NR 118.07(4) (4)Wireless communication service facilities. A conditional use permit may be issued for the installation, reconstruction, modification and replacement of wireless communication service facilities if all of the following criteria are met:
NR 118.07(4)(a) (a) Construction and maintenance shall be conducted using techniques which minimize the cutting or pruning of vegetation in order to preserve mature vegetation and provide screening of the facilities. Erosion control measures shall be used.
NR 118.07(4)(b) (b) Wireless communication service facilities shall use building materials, colors, textures, screening and landscaping that blend the facilities in with surrounding natural features or nearby structures and shall be visually inconspicuous.
NR 118.07(4)(c) (c) Wireless communication service facilities shall be of camouflage or stealth design, unless placed on existing structures.
NR 118.07(4)(d) (d) In the river town, small town and small town historic management zones, the facilities shall be of a height designed to blend in with the historic character of the community.
NR 118.07(4)(e) (e) Wireless communication service facilities in the rural residential or conservation management zones may not exceed a height of 50 feet or not more than 20 feet above the tallest structure or tree canopy within a 300 foot radius of the proposed wireless communication service facilities as measured horizontally, whichever is higher.
NR 118.07(4)(f) (f) New or reconstructed wireless communication service facilities may not be placed in slope preservation zones, floodplains or wetlands.
NR 118.07(5) (5)Filling and grading activities.
NR 118.07(5)(a)(a) A conditional use permit may be issued for filling and grading activities in the following areas if the conditions in par. (b) are satisfied:
NR 118.07(5)(a)1. 1. In slope preservation zones that do not directly face the river and do not drain directly to the river.
NR 118.07(5)(a)2. 2. Outside of slope preservation zones when more than 10,000 square feet of land is proposed to be disturbed by filling or grading activity.
NR 118.07(5)(a)3. 3. Within 40 feet of a slope preservation zone.
NR 118.07(5)(b) (b) A conditional use permit may be issued for filling and grading in the areas described in par. (a) if all of the following conditions are met:
NR 118.07(5)(b)1. 1. Filling and grading activities do not disturb more than 10,000 square feet of land within a slope preservation zone.
NR 118.07(5)(b)2. 2. No wetlands are filled or graded.
NR 118.07(5)(b)3. 3. Any vegetation that is removed is replaced with native vegetation.
NR 118.07(5)(b)4. 4. Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.
NR 118.07(5)(b)5. 5. As part of an erosion control plan, Wisconsin construction site best management practices are implemented.
NR 118.07 Note Note: Approved best management practices for construction site erosion control can be found in Wisconsin's Construction Site Best Management Practice Handbook (WDNR Pub. WR-222 November 1993 Revision) which is available from the Wisconsin Department of Administration, Document Sales, 4622 University Avenue, Madison, WI 53705-2156.
NR 118.07(6) (6)Structural erosion control measures in slope preservation zones. A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of structural erosion control measures in slope preservation zones if all of the following conditions are met:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.