Chapter NR 118

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.

NR 118.08(2)(b)5. 5. The lot has an area of at least 7,000 square feet.

NR 118.08(2)(b)6. 6. The expanded structure will be visually inconspicuous or will be rendered so through mitigation.

NR 118.08(2)(b)7. 7. Any reconstructed portion of the nonconforming structure may only be reconstructed in the same footprint as the pre-existing structure. Notwithstanding the definition of “reconstruction” in s. NR 118.03 (36), the pre-existing foundation of a structure that is more than 50 feet from the ordinary high water mark and is not within a slope preservation zone may be replaced, repaired or structurally altered in conjunction with the expansion of the structure.

NR 118.08(2)(b)8. 8. For structures located wholly or partially within the ordinary high water mark setback area, the total footprint of the structure may not exceed 1500 square feet.

NR 118.08(2)(b)9. 9. For structures located wholly or partially within the bluffline setback, but not within the ordinary high water mark setback area, the total footprint of the structure may not exceed 2000 square feet and the structure shall comply with all of the requirements in s. NR 118.06 (1) (f) 4.

NR 118.08(2)(b)10. 10. Expansion is on the side of the structure farthest from the river or, if landward expansion is not possible, the expansion is parallel to the ordinary high water mark or bluffline.

NR 118.08(2)(b)11. 11. The height of the structure complies with s. NR 118.06 (1) (d).

NR 118.08(2)(b)12. 12. The color of the structure complies with s. NR 118.06 (2).

NR 118.08(2)(b)13. 13. The property owner submits a mitigation plan that complies with the requirements of sub. (5). If a permit is issued after a mitigation plan is 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)(b)14. 14. Private on-site wastewater treatment systems are brought into compliance with the requirements of ch. SPS 383.

NR 118.08(2)(b)15. 15. 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 expansion.

NR 118.08(2)(b)16. 16. There will be no filling or grading conducted as part of the reconstruction or expansion except as necessary to reconstruct or build the expansion in compliance with other provisions of this chapter, upgrade a private on-site wastewater treatment system, replace sewer or water laterals, or install storm water or erosion control measures.

NR 118.08(3) (3) Nonconforming accessory structures. In all management zones, ordinary maintenance and repair of nonconforming accessory structures is allowed. Nonconforming accessory structures may not be structurally altered, reconstructed or expanded, except that garages and storage sheds may be structurally altered, reconstructed or expanded if all of the following requirements are met where applicable:

NR 118.08(3)(a) (a) The entire garage or storage shed is not located in a slope preservation zone.

NR 118.08(3)(b) (b) The entire garage or storage shed is set back more than 75 feet from the ordinary high water mark.

NR 118.08(3)(c) (c) The garage or storage shed is not used for human habitation.

NR 118.08(3)(d) (d) The total footprint of all nonconforming accessory structures, other than existing driveways, within 75 feet of the ordinary high water mark, within a slope preservation zone or within the bluffline setback area may not exceed 500 square feet.

NR 118.08(3)(e) (e) The garage or storage shed is built with earth-tone building materials that are non-reflective, 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 118.08(3)(f) (f) Mitigation measures are implemented and maintained that comply with the requirements of sub. (5).

NR 118.08(3)(g) (g) The structure is visually inconspicuous or will be rendered so through a mitigation plan that complies with sub. (5).

NR 118.08(4) (4) Substandard lots. Lots of record in the register of deeds office on January 1, 1976, or on the date of the adoption of an amendment to a riverway ordinance that makes a lot substandard, which do not meet the requirements of this chapter, may be allowed as building sites provided that the following criteria are met:

NR 118.08(4)(a) (a)

NR 118.08(4)(a)1. 1. The lot is in separate ownership from abutting lands, or

NR 118.08(4)(a)2. 2. The lot by itself or in combination with an adjacent lot or lots under common ownership in an existing subdivision has at least one acre of net project area. Adjacent substandard lots in common ownership may only be sold or developed as separate lots if each of the lots has at least one acre of net project area.

NR 118.08(4)(b) (b) All structures that are proposed to be constructed or placed on the lot and the proposed use of the lot comply with the requirements of the local unit of government’s Lower St. Croix riverway ordinance and any underlying zoning or sanitary code requirements.

NR 118.08(5) (5) Mitigation requirements. Expansion or reconstruction of nonconforming principal structures, and the expansion, reconstruction or structural alteration of nonconforming accessory structures shall trigger mitigation requirements to offset the impacts of the proposed project. Mitigation measures shall be roughly proportional to the magnitude of the impacts of the proposed project on scenic resources, water quality, erosion potential and the protection of the shoreland area. Mitigation shall include, but may not be limited to, the following:

NR 118.08(5)(a) (a) Planting trees capable of screening the entire structure, if existing vegetation is not sufficient to render the structure visually inconspicuous. The trees shall be native to the area, at least 2 inches diameter breast height and planted no more than 12 feet apart.

NR 118.08(5)(b) (b) The vegetation in the area within 50 feet of the ordinary high water mark shall be preserved or restored through planting of native vegetation. Vegetation shall be established or maintained at densities that are adequate to protect water quality, habitat and natural scenic beauty of the shoreland area. If a nonconforming structure is located in this area, the vegetation shall be planted surrounding the structure, although the owner may create a screened view of the river from the structure and may leave a 15-foot wide mowed area around the structure to protect it from wildfire.

NR 118.08(5)(c) (c) Best management practices shall be followed to encourage stormwater infiltration and to limit erosion and runoff.

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(5)(d) (d) An affidavit describing the approved mitigation plan shall be executed and recorded with the county register of deeds by the property owner within 14 days after approval of the mitigation plan. The affidavit shall alert subsequent purchasers of the land of the requirements of the mitigation plan.

NR 118.08 History History: CR 03-054: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (2) (a) 7., (b) 14. made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674.

NR 118.09 NR 118.09 Administrative provisions.

NR 118.09(1) (1) Adoption and review of ordinances.

NR 118.09(1)(a) (a) Ordinances implementing the provisions of this chapter shall be adopted by counties, cities, villages and towns located in the Lower St. Croix national scenic riverway within 30 days after November 1, 2004, as required by s. 30.27 (3), Stats., except that a town is not required to adopt an ordinance under this chapter if the county in which the town is located has adopted a local zoning ordinance that applies to the town.

NR 118.09(1)(b) (b) Upon adoption of an ordinance, or ordinance amendment, implementing these rules, the local unit of government shall submit 2 copies of the ordinance or amendment to the department. The department shall review the ordinance or amendment and determine whether it satisfies the requirements of this chapter. The department shall notify the local unit of government of its determination.

NR 118.09(2) (2) Conditional use, variance procedures, and zoning map and text amendments.

NR 118.09(2)(a) (a) Public hearing required. A public hearing shall be held before any conditional use permit, any variance, or any zoning map or text amendment is approved or denied by the appropriate local zoning authority. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials submitted under par. (b) shall be provided to the department, the county, city, or village planning department, the regional planning commission and the town board of the town within which the affected parcel of land is located, at least 30 days before the public hearing.

NR 118.09(2)(b) (b) Conditional use and variance application requirements.

NR 118.09(2)(b)1. 1. Conditional use and variance applications shall supply pertinent information adequate for the appropriate local zoning authority to make a decision based on the type of project to be undertaken. The applicant shall submit to the appropriate local zoning authority sufficient copies of the following information for all applications:

NR 118.09(2)(b)1.a. a. A scale drawing or survey showing the property location, boundaries, dimensions, elevations, blufflines, slope preservation zones, utility and roadway corridors, ordinary high water mark, ordinary high water mark setback, floodway and flood fringe boundaries, and adjoining land and water-oriented uses.

NR 118.09(2)(b)1.b. b. A recent aerial photo with property lines drawn in, showing the location of existing and proposed structures, including height and setback dimensions.

NR 118.09(2)(b)1.c. c. The location of existing and proposed alterations of vegetation and topography, including any vegetation removal and replacement that is proposed.

NR 118.09(2)(b)1.d. d. A mitigation plan, if required.

NR 118.09(2)(b)1.e. e. Photos of the site taken from the river slightly upstream and down stream of the property, and directly offshore.

NR 118.09(2)(b)1.f. f. An erosion control plan.

NR 118.09(2)(b)1.g. g. A vegetative management plan, showing where vegetation is proposed to be removed and replaced.

NR 118.09(2)(b)1.h. h. Other information that the local zoning authority or the department requests. If the local zoning authority or the department requests additional information, it shall be submitted by the applicant to the local zoning authority and the department prior to any hearing on the application.

NR 118.09(2)(b)2. 2. Applications for land divisions, planned cluster developments, bed and breakfast operations, home occupations, nature oriented educational, non-profit facilities and variances shall also include:

NR 118.09(2)(b)2.a. a. The location of any proposed private on-site wastewater treatment system.

NR 118.09(2)(b)2.b. b. Water supply information, including the location of any proposed wells.

NR 118.09(2)(b)3. 3. Applications for filling and grading, structural erosion control structures, and road construction shall also include a plan showing the proposed construction, reconstruction, location and design of the filling grading, structural erosion control measure or road construction.

NR 118.09(2)(b)4. 4. Applications for transmission services and wireless communication service facilities shall also include:

NR 118.09(2)(b)4.a. a. For transmission services a plan showing the location of proposed facilities, and if not placed underground, a documentation of why this is technically infeasible, and a plan outlining design and construction methods to minimize adverse visual impacts to the riverway.

NR 118.09(2)(b)4.b. b. For wireless communication service facilities, a plan showing the location of proposed facilities and an illustration of the methods to be used to meet design requirements for the appropriate, stealth, camouflage, and height requirements.

NR 118.09(2)(b)5. 5. Applications for stairways and lifts shall also include a plan showing the stairway or lift location, design, dimensions, color, construction materials, erosion control measures and vegetative removal and replacement. The plan shall contain a certification by a registered professional engineer or architect that the stairway or lift components are securely anchored to prevent them from shifting and from causing erosion. The plan shall be approved, or modified and approved by the local unit of government and incorporated into the conditional use permit.

NR 118.09(2)(c) (c) Map and text amendment procedures.

NR 118.09(2)(c)1. 1. A public hearing shall be held before any zoning map or text amendment is approved or denied by the appropriate local zoning authority. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials submitted shall be provided to the department, county, city or village planning department, the regional planning commission and the town board of the town within which the affected parcel of land is located, at least 30 days prior to the public hearing. Applications for map and text amendments shall include:

NR 118.09(2)(c)1.a. a. A scale drawing or survey showing the property location, boundaries, dimensions, elevations, blufflines, slope preservation zones, utility and roadway corridors, ordinary high water mark, floodway, flood fringe, and adjoining land and water-oriented uses.

NR 118.09(2)(c)1.b. b. Photos of the site taken from the river slightly upstream and down stream of the property, and directly offshore.

NR 118.09(2)(c)1.c. c. Other information that the local zoning authority or the department requests. If the local zoning authority or the department requests additional information, it shall be submitted by the applicant to the local zoning authority and the department prior to any hearing on the application.

NR 118.09(2)(c)2. 2. The procedures and application requirements in this paragraph do not apply to proposals to change the management zone boundaries established in s. NR 118.04. The management zone boundaries in s. NR 118.04 may only be changed by revision of s. NR 118.04.

NR 118.09(2)(d) (d) Public hearing and decision record. The public hearing record shall contain the comments of the department, if any were submitted, and the comments of any other interested parties. The local zoning authority’s record of decision shall address the following: preservation of the scenic and recreational resources of the riverway, especially in regard to the view from and use of the river; the maintenance of safe and healthful conditions; the prevention of and control of water pollution, including sedimentation; the location of the site with respect to floodways, floodplains, slope preservation zones and blufflines; the erosion potential of the site based on degree and direction of slope, soil type and vegetative cover; potential impact on terrestrial and aquatic habitat; location of the site with respect to existing or future access roads; adequacy of proposed wastewater treatment; and compatibility with adjacent land uses. Any plan submitted with an application shall be approved, or modified and approved, and included as part of the permit application. The local zoning authority shall send a copy of each decision, including a summary of the hearing, to the department, within 5 working days after the date of the hearing.

NR 118.09(3) (3) Reasonable accommodations for disabled persons. Each ordinance adopted to implement this chapter shall contain a description of the procedure that is to be followed to process applications from persons who claim to be disabled and who are requesting that they be allowed to take action because of their disability that would otherwise be prohibited under the zoning ordinance. In order to allow a disabled person who is entitled to reasonable accommodations under the Americans with Disabilities Act, the federal Fair Housing Act or the Wisconsin Open Housing Law to take action that would otherwise violate the requirements of a Lower St. Croix river district zoning ordinance, the local zoning authority shall issue an administrative permit to the disabled person. Local zoning authorities may not issue variances to disabled persons unless the statutory variance criteria in s. 59.694 (7) (c), Stats., or s. 62.23 (7) (e) 7., Stats., are satisfied.

NR 118.09 Note Note: The Americans with Disabilities Act (“ADA”), 42 USC 12101 to 12213; requires states and local units of government to take action to avoid discriminating against disabled persons in their employment practices, in public accommodations and in all programs, activities and services provided by the governmental entity. The federal Fair Housing Act, 42 USC 3601 to 3631, and the Wisconsin Open Housing Law, s. 106.50, Stats., require local governments to make “reasonable accommodations” in the application of zoning ordinances in order to provide equal opportunity to housing to disabled persons. However, the issuance of a variance is not the appropriate mechanism for granting “reasonable accommodations” that are required because of a person’s disabilities because, under Wisconsin law, variances can only be granted based on the unique characteristics of the property.

NR 118.09(4) (4) Permit procedures.

NR 118.09(4)(a) (a) Permit procedures for all permitted and conditional uses. In order to facilitate the orderly and efficient administration and enforcement of Lower St. Croix riverway ordinances, local units of government located within the Lower St. Croix riverway shall establish permit procedures for the processing of permit applications for all permitted uses that involve the construction, reconstruction, expansion or structural alteration of a building or other structure or other land development. Local units of government located in the river town, small town, and small town historic management zones shall list in their riverway ordinances specific conditional uses and the standards that are to be satisfied before a conditional use permit may be granted in accordance with s. NR 118.05 (2) (b), and shall establish procedures in their riverway ordinances for the processing of applications for conditional use permits. In addition to the decisions required to be submitted to the department under sub. (2) (d), local units of government shall submit to the department copies of permits that have been issued under a Lower St. Croix riverway ordinance if requested to do so by the department.

NR 118.09(4)(b) (b) Permit procedures for variances. The appropriate local zoning authority may grant variances from the requirements of their local zoning ordinance, pursuant to s. 59.694 (7) (c) or 62.23 (7) (e) 7., Stats., that will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. Economic considerations alone may not constitute a hardship if a reasonable use for the property exists under the conditions allowed by the local zoning ordinance. Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties and the public interest, especially in regard to the view from the river.

NR 118.09(5) (5) Review of appeals.

NR 118.09(5)(a) (a) All applications for conditional use permits, zoning map or text amendments and variances shall be reviewed by the department and the department’s comments shall be submitted to the appropriate local zoning authority for inclusion in the hearing record.

NR 118.09(5)(b) (b) Where additional information is introduced at the hearing by the applicant or where the applicant may wish to review the department’s or town’s opposition, the hearing record may be held open for review of the information. If, at the end of 30 days after the date of the hearing, the appropriate local zoning authority has not scheduled a second hearing on the application at the request of the applicant, the department or the town, the hearing record shall be closed. A conditional use permit may not be granted if the town board objects to the issuance.

NR 118.09(5)(c) (c) The department shall assist local zoning authorities in implementing and enforcing ordinances adopted pursuant to this chapter.

NR 118.09(6) (6) Penalties. In order to facilitate the orderly and efficient administration and enforcement of Lower St. Croix riverway ordinances, local units of government located within the Lower St. Croix river district shall establish penalties for violations of the requirements of the ordinance, including appropriate forfeitures. Each day that a violation continues is considered a separate offense. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation, as provided in s. 59.69 (11), Stats.

NR 118.09 History History: CR 03-054: cr. Register October 2004 No. 586, eff. 11-1-04.