NR 118.05(1)(a)1.1. `Permitted uses.' The following uses are allowed in all management zones if the standards in
s. NR 118.06 are met:
NR 118.05(1)(a)1.e.
e. Public parks, areas devoted to natural resource management and interpretation, waysides, rest areas, information areas and scenic overlooks.
NR 118.05(1)(a)2.
2. `Permitted structures.' The following structures are allowed in all management zones if the standards in
s. NR 118.06 are met:
NR 118.05(1)(a)2.b.
b. Piers or wharves that have required state and federal permits or that meet statutory criteria or administrative rule standards and do not require a state or federal permit.
NR 118.05(1)(a)2.d.
d. Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and in the ordinary high water mark setback area if the local zoning authority determines that rip-rap is necessary to prevent erosion in flood-prone areas, and either a state permit is granted for the rip-rap or statutory criteria or administrative rule standards are met and a state permit is not required for the rip-rap.
NR 118.05(1)(b)
(b)
River town management zone. In the river town management zone, other uses and structures that are allowed by the local unit of government's underlying zoning ordinance may be allowed as permitted uses and structures provided that the permitted uses and structures are listed in the local zoning ordinance with standards for those uses and structures that satisfy all of the following criteria:
NR 118.05(1)(b)1.
1. Protect the natural and scenic qualities of the Lower St. Croix riverway.
NR 118.05(2)(a)(a)
All management zones. The following uses and structures are conditionally permitted uses in all management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements in
ss. NR 118.06 and
118.07.
NR 118.05(2)(a)6.
6. Structural erosion control measures constructed in slope preservation zones.
NR 118.05(2)(a)9.
9. Public roads and private roads serving 2 or more properties or single-family residences.
NR 118.05(2)(b)
(b)
River town, small town and small town historic management zones. In the river town management zone, small town management zone and small town historic management zone, other uses and structures that are listed as conditional uses or special exceptions in the local unit of government's underlying zoning ordinance may be allowed as conditional uses provided that they are listed in the local unit of government's riverway ordinance with standards for those conditional uses that satisfy all of the following criteria:
NR 118.05(2)(b)1.
1. Protect the natural and scenic qualities of the Lower St. Croix riverway.
NR 118.05(3)
(3) Prohibited uses. All uses and structures not listed as permitted or conditional shall be prohibited.
NR 118.05 History
History: Cr.
Register, June, 1980, No. 294, eff. 7-1-80; am.
Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (a) (intro.) and 5., (b) (intro.) and (c) (intro.),
Register, August, 1986, No. 368, eff. 9-1-86;
CR 03-054: r. and recr.
Register October 2004 No. 586, eff. 11-1-04.
NR 118.06(1)(a)(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:
NR 118.06(1)(a)1.
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.
NR 118.06(1)(a)2.
2. In the rural residential and conservation management zones, the minimum lot size shall meet the following standards:
NR 118.06(1)(a)2.b.
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.
NR 118.06(1)(b)
(b)
Density standard. In the rural residential and conservation management zones, there may not be more than one single-family residence on each lot.
NR 118.06(1)(c)
(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:
NR 118.06(1)(c)1.
1. In the river town and small town management zones, the minimum lot width shall be established by local ordinance.
NR 118.06(1)(c)2.
2. In the small town historic management zone, the minimum lot width shall be 100 feet.
NR 118.06(1)(c)3.
3. In the rural residential management zone, the minimum lot width shall be 200 feet.
NR 118.06(1)(c)4.
4. In the conservation management zone, the minimum lot width shall be 250 feet.
NR 118.06(1)(d)
(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:
NR 118.06(1)(d)1.
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).
NR 118.06(1)(d)2.
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).
NR 118.06(1)(d)3.
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).
NR 118.06(1)(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:
NR 118.06(1)(e)1.
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.
NR 118.06(1)(e)2.
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.
NR 118.06(1)(f)
(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:
NR 118.06(1)(f)1.
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.
NR 118.06(1)(f)2.
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.
NR 118.06(1)(f)3.
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.
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.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)(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) S
tructure 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)(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)1.1. `Vegetation management standards in all management zones.' In all management zones, all of the following vegetation management standards shall apply:
