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 NoteNote: 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 118.06 HistoryHistory: 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.

NR 118.07NR 118.07 Conditional use standards. The conditional uses and structures listed in s. NR 118.05 (2) may be permitted if the requirements in s. NR 118.06 and the following standards are met:

NR 118.07(1)(a)(a) All lots proposed to be built on shall meet the minimum lot size requirements in s. NR 118.06 (1) (a) and (c), and shall be suitable for residential development in their existing condition without the need for a variance.

NR 118.07(1)(b)(b) All lots are suitable for their proposed use and will not be subject to the potential for flooding, inadequate drainage, severe erosion, inadequate water supply or inadequate sewage disposal capabilities.

NR 118.07(1)(c)(c) Use of the lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature which is likely to result in harm to the health, safety or welfare of future residents of the lots or of the local community.

NR 118.07(1)(d)(d) The local zoning authority shall consult with the state historical society concerning potential impacts to archeological sites. If the property is found to contain an archeological site, the local unit of government and the applicant shall develop and implement a plan to avoid or mitigate impacts to the archeological site with the assistance from the state historical society.

NR 118.07(2)(2) Planned cluster developments. A conditional use permit may be issued for a planned cluster development for single-family residences if all of the following criteria are met:

NR 118.07(2)(a)(a) The proposed clustering provides a better means of preserving scenic views, open space and shoreline than a traditional single-family residential subdivision.

NR 118.07(2)(c)(c) Exceptions to the standards in s. NR 118.06 (1) (a) and (c) may be allowed for planned cluster developments, provided that the total number of single-family residences may not exceed 50% more than the total number of single-family residences allowed if the development complied with all standards in s. NR 118.06 (1) (a) and (c).

NR 118.07(3)(3) Transmission services. A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of transmission services if all of the following conditions are met:

NR 118.07(3)(a)(a) All new, updated or reconstructed transmission services shall be placed underground, if underground placement is determined to be technically feasible by the local unit of government. If an applicant seeks to establish that underground placement is technically infeasible, the application shall explain what factors make it infeasible.

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)(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.