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 NoteNote: 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 NoteNote: 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.