Wis. Admin. Code Department of Natural Resources NR 118.05

Current through September 30, 2024

Section NR 118.05 - Land uses and structures in the Lower St. Croix river district

(1) PERMITTED USES AND STRUCTURES.

(a)All management zones.

1. `Permitted uses.' The following uses are allowed in all management zones if the standards in s. NR 118.06 are met:

a. Single-family residential and accessory uses.

b. Conservancy.

c. Forestry.

d. Agriculture.

e. Public parks, areas devoted to natural resource management and interpretation, waysides, rest areas, information areas and scenic overlooks.

f. Filling and grading outside of slope preservation zones.

2. `Permitted structures.' The following structures are allowed in all management zones if the standards in s. NR 118.06 are met:

a. Single-family residences and accessory structures.

b. Piers or wharves that have required state and federal permits or that meet statutory criteria or administrative rule standards and do not require a state or federal permit.

c. Signs.

d. Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and in the ordinary high water mark setback area if the local zoning authority determines that rip-rap is necessary to prevent erosion in flood-prone areas, and either a state permit is granted for the rip-rap or statutory criteria or administrative rule standards are met and a state permit is not required for the rip-rap.

(b)River town management zone. In the river town management zone, other uses and structures that are allowed by the local unit of government's underlying zoning ordinance may be allowed as permitted uses and structures provided that the permitted uses and structures are listed in the local zoning ordinance with standards for those uses and structures that satisfy all of the following criteria:

1. Protect the natural and scenic qualities of the Lower St. Croix riverway.

2. Protect public health and safety.

3. Prevent erosion and water pollution.

(2) CONDITIONAL USES.

(a)All management zones. The following uses and structures are conditionally permitted uses in all management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements in ss. NR 118.06 and 118.07.

1. Land divisions.

2. Planned cluster developments for single-family residences.

3. Transmission services.

4. Wireless communication service facilities.

5. Filling and grading within slope preservation zones.

6. Structural erosion control measures constructed in slope preservation zones.

7. Stairways.

8. Lifts.

9. Public roads and private roads serving 2 or more properties or single-family residences.

10. Bed and breakfast operations.

11. Home occupations.

12. Nature-oriented educational, non-profit facilities.

(b)River town, small town and small town historic management zones. In the river town management zone, small town management zone and small town historic management zone, other uses and structures that are listed as conditional uses or special exceptions in the local unit of government's underlying zoning ordinance may be allowed as conditional uses provided that they are listed in the local unit of government's riverway ordinance with standards for those conditional uses that satisfy all of the following criteria:

1. Protect the natural and scenic qualities of the Lower St. Croix riverway.

2. Protect public health and safety.

3. Prevent erosion and water pollution.

(3) PROHIBITED USES. All uses and structures not listed as permitted or conditional shall be prohibited.

Wis. Admin. Code Department of Natural Resources NR 118.05

Cr. Register, June, 1980, No. 294, eff. 7-1-80; am. Register, February, 1984, No. 338, eff. 3-1-84; am. (2) (a) (intro.) and 5., (b) (intro.) and (c) (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.