Chapter NR 118

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:

NR 118.07(6)(a) (a) 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 118.07(6)(b) (b) The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.

NR 118.07(6)(c) (c) 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 118.07(7) (7) Stairways. A conditional use permit may be issued for a stairway if all of the following conditions are met:

NR 118.07(7)(a) (a) The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

NR 118.07(7)(b) (b) The tread width of the stairway may not exceed 48 inches.

NR 118.07(7)(c) (c) Landings are located at a vertical interval of not less than 20 feet and may not exceed 40 square feet in area.

NR 118.07(7)(d) (d) Hand rails may be permitted in conjunction with stairways.

NR 118.07(7)(e) (e) Canopies and roofs are not allowed on stairways.

NR 118.07(7)(f) (f) Stairways, handrails and landings shall be anchored and supported above grade with pilings or footings.

NR 118.07(7)(g) (g) Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone materials.

NR 118.07(7)(h) (h) Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.

NR 118.07(7)(i) (i) Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river.

NR 118.07(7)(j) (j) Existing vegetation may be removed within one foot of either side of the stairway route and up to 8 feet above the stairway floor.

NR 118.07(7)(k) (k) Only one stairway may be permitted on a lot that abuts the Lower St. Croix river.

NR 118.07(8) (8) Lift standards. A conditional use permit may be issued for a lift if all of the following requirements are met:

NR 118.07(8)(a) (a) The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

NR 118.07(8)(b) (b) The car of the lift may not exceed 4 feet by 6 feet.

NR 118.07(8)(c) (c) Canopies and roofs are not allowed.

NR 118.07(8)(d) (d) All visible parts of the lift shall be painted or finished in earth-tone, non-reflective materials and shall be visually inconspicuous.

NR 118.07(8)(e) (e) Lifts and their transporting device or power source shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.

NR 118.07(8)(f) (f) Native vegetation plantings shall be used to form a vegetative canopy to screen the lift from the river.

NR 118.07(8)(g) (g) Existing vegetation may be removed within one foot on either side of the lift route and up to 8 feet above the lift floor.

NR 118.07(8)(h) (h) Only one lift may be permitted on a lot that abuts the Lower St. Croix river.

NR 118.07(9) (9) Public roads and private roads serving 2 or more properties or single-family residences. A conditional use permit may be issued for the construction, reconstruction or right-of-way maintenance for public roads and private roads serving 2 or more properties or single-family residences if all of the following conditions are met:

NR 118.07(9)(a) (a) No new road may be constructed in slope preservation zones, in an area 40 feet landward of blufflines, within 200 feet of the river, within 100 feet of tributary watercourses or in wetlands.

NR 118.07(9)(b) (b) Route design and construction or reconstruction shall minimize visual impacts by using terrain features to blend the road into the landscape, avoiding cuts and fills as much as feasible.

NR 118.07(9)(c) (c) New roads shall be visually inconspicuous. Reconstruction of existing roads shall be performed in a manner that does not increase visibility of the road from the river.

NR 118.07(9)(d) (d) Cutting or clearing vegetation for road right-of-way maintenance shall be conducted in accordance with the following requirements:

NR 118.07(9)(d)1. 1. Vegetation shall be managed to allow an understory layer to remain in place to prevent erosion and allow succession. Vegetation may not be disturbed in such a way that there would be reduced quality or diversity of the plant community or increased potential for erosion.

NR 118.07(9)(d)2. 2. 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 infrastructure and the removal of noxious weeds is permitted.

NR 118.07(9)(d)3. 3. Mowing of a safety zone from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, and clearing intersection vision triangles is allowed. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush only after July 15 of each year to avoid impacts to ground-nesting birds.

NR 118.07(9)(d)4. 4. Cutting of trees more than 4 inches in diameter breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.

NR 118.07(10) (10) Bed and breakfast operations. A conditional use permit may be issued for a bed and breakfast operation if all of the following requirements are met:

NR 118.07(10)(a) (a) The bed and breakfast operation provides 4 or fewer rooms for rent to transient visitors.

NR 118.07(10)(b) (b) The bed and breakfast operation has sufficient parking spaces on their lot or on public roads for the guests.

NR 118.07(11) (11) Home occupations. A conditional use permit may be issued for the use of a single-family residence for a home occupation if all of the following requirements are met:

NR 118.07(11)(a) (a) The owner or person who rents the residence on a full-time basis conducts the home occupation.

NR 118.07(11)(b) (b) The home occupation is conducted inside of the residence and is subordinate to the use of the home as a principal residence.

NR 118.07(11)(c) (c) The home occupation will not cause environmental pollution.

NR 118.07(11)(d) (d) If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot or on public streets.

NR 118.07(12) (12) Nature-oriented educational, non-profit facilities. A conditional use permit may be issued for a nature-oriented educational, non-profit facility if all of the following requirements are met:

NR 118.07(12)(a) (a) The facility will not cause environmental pollution or erosion.

NR 118.07(12)(b) (b) The facility has sufficient parking on its property or on public streets for patrons to park.

NR 118.07 History History: Cr. Register, June, 1980, No. 294, eff. 7-1-80; am. (2) (c), (d), (e) 1. and 2., Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (a) and (d) (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 118.08 NR 118.08 Nonconforming uses and structures and substandard lots.

NR 118.08(1) (1) Nonconforming uses. A nonconforming use may not be expanded or enlarged. An increase in the volume, intensity or frequency of use is allowed if the area used for the nonconforming use is not enlarged. A change from one nonconforming use to another nonconforming use is not allowed. If a nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to all of the requirements of the local zoning ordinance.

NR 118.08(2) (2) Nonconforming principal structures. In all management zones, ordinary maintenance and repair of nonconforming principal structures is allowed. However, structural alteration, reconstruction and expansion of nonconforming principal structures and replacement, improvement or structural alteration of the foundation may only be allowed if all of the following requirements are met, where applicable:

NR 118.08(2)(a) (a) Reconstruction of nonconforming principal structures. Nonconforming principal structures located within the ordinary high water mark setback area, bluffline setback area or slope preservation zone may be structurally altered or reconstructed and foundations may be replaced, improved or structurally altered if all of the following requirements are met:

NR 118.08(2)(a)1. 1. The lot has an area of at least 7,000 square feet.

NR 118.08(2)(a)2. 2. The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation in accordance with sub. (5).

NR 118.08(2)(a)3. 3. The structure is altered or reconstructed in the same footprint as the pre-existing structure.

NR 118.08(2)(a)4. 4. The height of the altered or reconstructed structure complies with s. NR 118.06 (1) (d). The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a flat roof may be replaced with a pitched roof.

NR 118.08(2)(a)5. 5. The color of the structure complies with s. NR 118.06 (2).

NR 118.08(2)(a)6. 6. The property owner submits a mitigation plan that complies with the requirements of sub. (5). If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the local zoning authority. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.

NR 118.08(2)(a)7. 7. Private on-site wastewater treatment systems are brought into compliance with the requirements of ch. SPS 383.

NR 118.08(2)(a)8. 8. The foundation of the structure may not be replaced, improved or structurally altered. Notwithstanding the definition of “reconstruction” in s. NR 118.03 (36) and the preceding sentence, the foundation of the structure may be replaced, improved or structurally altered in conjunction with the reconstruction of the structure if the entire structure is more than 50 feet from the ordinary high water mark and is not located in a slope preservation zone.

NR 118.08(2)(a)9. 9. An erosion control plan and revegetation plan shall be submitted to the local zoning authority for approval, or modification and approval, prior to the issuance of a permit for the structural alteration or reconstruction.

NR 118.08(2)(a)10. 10. There will be no filling and grading activities conducted during the alteration or reconstruction, except for the minimum necessary to accomplish the alteration or reconstruction in compliance with other provisions of this chapter, and as needed to upgrade a private on-site wastewater treatment system, to replace sewer or water laterals, or to install storm water or erosion control measures.

NR 118.08(2)(a)11. 11. If the nonconforming principal residence is located in a slope preservation zone, it may be reconstructed only if Wisconsin construction site best management practices applicable to steeper sloped areas are implemented to control erosion.

NR 118.08 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 118.08(2)(b) (b) Expansion of nonconforming principal structures. Nonconforming principal structures located in the ordinary high water mark setback area or bluffline setback area may be expanded and the pre-existing foundation may be replaced, repaired or structurally altered in conjunction with the expansion if all of the applicable following requirements are met:

NR 118.08(2)(b)1. 1. Structures located wholly or partially within 50 feet of the ordinary high water mark may not be expanded.

NR 118.08(2)(b)2. 2. Structures located wholly or partially within slope preservation zones may not be expanded.

NR 118.08(2)(b)3. 3. Structures entirely set back more than 50 feet from the ordinary high water mark but located wholly or partially less than 75 feet from the ordinary high water mark may be expanded only if there is no compliant building location available on the lot.

NR 118.08(2)(b)4. 4. Structures entirely set back more than 75 feet from the ordinary high water mark may be expanded regardless of whether a compliant building location exists elsewhere on the lot.