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) Structure 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) (6) Vegetation management.

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 Note Note: 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.