Section NR 118.06 - General provisions(1) DIMENSIONAL AND OTHER STANDARDS. (a)Minimum lot size. The minimum lot size for parcels that are allowed to be used as building sites in each management zone shall be as follows:1. In the river town, small town and small town historic management zones, the minimum lot size shall be established in the local riverway ordinance.2. In the rural residential and conservation management zones, the minimum lot size shall meet the following standards:a. The minimum lot size shall have at least one acre of net project area.b. If the lot is not served by a public sewage system or community sewage collection and treatment services, the lot shall have adequate room for one single-family residence and 2 private on-site wastewater treatment systems. (b)Density standard. In the rural residential and conservation management zones, there may not be more than one single-family residence on each lot.(c)Minimum lot width. The minimum lot width shall apply at the building line and at the side of the lot nearest the river. The minimum lot width for each management zone shall be as follows:1. In the river town and small town management zones, the minimum lot width shall be established by local ordinance.2. In the small town historic management zone, the minimum lot width shall be 100 feet.3. In the rural residential management zone, the minimum lot width shall be 200 feet.4. In the conservation management zone, the minimum lot width shall be 250 feet.(d)Maximum structure height. The maximum structure height shall be measured between the average ground elevation and the uppermost point of the structure excluding chimneys. The maximum structure height for each management zone shall be as follows:1. In the river town management zone, the maximum structure height shall be 45 feet except for wireless communication service facilities which meet the requirements of s. NR 118.07(4) (c) and (d).2. In the small town, small town historic and rural residential management zones, the maximum structure height shall be 35 feet except for wireless communication service facilities in the rural residential management zone which meet the height requirements of s. NR 118.07(4) (c), (d) and (e).3. In the conservation management zone, the maximum structure height shall be 25 feet except for wireless communication service facilities which are subject to the height requirement of s. NR 118.07(4) (c) and (e).(e)Ordinary high water mark setback. Except as provided in par. (g), the ordinary high water mark setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhangs and any cantilevered portions of the structure. The ordinary high water mark setback for each management zone shall be as follows: 1. In the river town, small town and small town historic management zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 100 feet from the ordinary high water mark.2. In the rural residential and conservation management zones, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 200 feet from the ordinary high water mark.(f)Bluffline setback. Except as provided in par. (g), the bluffline setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluffline, including roof overhangs and any cantilevered portions of the structure. The bluffline setback for each management zone shall be as follows: 1. In the river town, small town and small town historic management zones, all structures except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 40 feet from the bluffline.2. In the rural residential management zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 100 feet from the bluffline or meet the performance standards outlined in subd. 4.3. In the conservation management zone, all structures, except piers, wharves, structural erosion control measures, stairways and lifts, shall be setback at least 200 feet from the bluffline or meet the performance standards outlined in subd. 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: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.b. The structure is not located within a slope preservation zone.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.d. The structure is visually inconspicuous.(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).(2) Structure color standards . The following structure color standards shall apply: (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.(b) Except as provided in par. (a), in the river town management zone, structure color requirements shall be determined by local zoning ordinance. (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.(3) SIGN STANDARDS. Signs are allowed in all management zones if one or more of the following criteria are met: (a) The sign is approved by state or local government and is necessary for public health or safety.(b) The sign indicates areas that are available or not available for public use.(c) The sign is not visible from the river and is otherwise lawful.(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:(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).(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.(c) The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.(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.(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%.(6) VEGETATION MANAGEMENT.(a)Goals. All of the following goals apply to all management zones: 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.2. A secondary goal is to maintain and restore historically and ecologically significant plant communities and enhance diversity.3. Successional climax forest and pre-settlement disturbed oak savanna will be the preferred forest ecotype examples of significant plant communities.4. Vegetative screening of structures will take priority over restoration and maintenance of significant plant communities.(b)Standards.1. `Vegetation management standards in all management zones.' In all management zones, all of the following vegetation management standards shall apply: 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).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).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.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.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. 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.
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. 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: 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.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. 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.
c. Noxious weeds, exotic species, poison ivy, poison oak, poison sumac or any other vegetation that is removed shall be replaced with native vegetation.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.(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.(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.(9) FILLING AND GRADING. Filling and grading may be permitted outside slope preservation zones if all of the following requirements are met: (a) Filling and grading activities are set back at least 40 feet from slope preservation zones.(b) Filling and grading activities do not disturb more than 10,000 square feet of land.(c) No wetlands are filled or drained.(d) Any vegetation that is removed is replaced with native vegetation.(e) Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.(f) As part of an erosion control plan, Wisconsin construction site best management practices are implemented.Wis. Admin. Code Department of Natural Resources NR 118.06
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.Amended by, correction in (6) (b) 3. b. (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017Approved 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.