reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.08 - Uses downstream of dams

Current through June 24, 2024
(1) GENERAL.
				Adequately designed, constructed and maintained dams provide reduced damages
				and relief from flooding for developed areas. Areas downstream of dams shall be
				zoned and regulated by municipalities with floodplain zoning ordinances in
				compliance with the standards in this section, to reduce potential loss of life
				and property located downstream of the dams. Except as provided in sub. (2),
				areas downstream of all dams shall be delineated on floodplain maps in
				accordance with s.
				NR
				116.09(1) (b) 5. Flood studies and
				related mapping, completed and adopted prior to August 1, 2001, which
				calculated flood flow attenuation based on the existence of the dam structures
				within the contributing basin, may continue to use the dam in-place, no
				failure, profile.
(2) EXEMPTIONS.
				All dams having a structural height of 6 feet or less, or a storage capacity of
				15 acre feet or less, and all dams having a structural height of more than 6
				feet but less than 25 feet with a storage capacity of less than 50 acre feet
				are exempt from the requirements of this section unless the department
				determines pursuant to s.
				31.19,
				Stats., that the dam is likely to endanger life, health or property.
(3) COMPLIANT DAMS.
(a) A dam is considered compliant if all the
				following requirements are met:
1. The dam is
				structurally adequate to meet the conditions in ss.
				NR
				333.05(2) (k) and
				333.07(3)
				(b).
2. The dam is hydraulically adequate to meet
				the standards in s.
				NR
				333.07(1).
3. The dam has been certified by a
				professional engineer, registered in Wisconsin, to meet the requirements of
				subds. 1. and 2.
4. Written
				assurance of the dam owner's ability to operate and maintain the dam in good
				condition is obtained from the dam owner.
5. An emergency action plan to minimize loss
				of human life has been developed for the area downstream of the dam based on
				the assumption that the dam fails during the regional flood.
6. The department reviews and approves the
				material submitted under subds. 1. to 5.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.09 - Data required to be shown on floodplain zoning maps

Current through June 24, 2024
Municipalities shall delineate the entire floodplain on their
				  floodplain zoning maps.
(1) If the
				regional flood profile has been determined, the profile shall be used to
				develop the floodplain zoning maps which the municipality shall use as the
				basis for floodplain zoning.
(a) The maps
				shall show the following:
1. The floodway
				district;
2. The floodfringe
				district;
3. The regional flood
				elevation consistent with the regional flood profile shall be clearly lettered
				at identifiable positions on the official floodplain zoning maps. If for any
				reason that elevation is not shown on the maps, the profile shall be attached
				to and made a part of the maps; and
4. Source and date of study.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.10 - Conflicts between water surface profiles and floodplain zoning maps

Current through June 24, 2024
Accepted engineering principles and techniques shall govern
				  the transfer of profile elevation for use in delineation of the floodplain
				  limits on the official floodplain zoning maps. If a conflict exists between the
				  floodplain limits illustrated on the maps and the actual field conditions, the
				  elevations from the water surface profile shall be the governing factor in
				  locating the official floodplain limits.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.11 - Criteria for establishing and rezoning floodplain districts

Current through June 24, 2024
(1) DELINEATION OF
				FLOODWAY, FLOODFRINGE AND COASTAL FLOODPLAIN DISTRICTS. Except as provided in
				sub. (2), the following criteria shall apply to the delineation of floodway,
				floodfringe and coastal floodplain districts.
(a)
Floodway district.
The
				official floodway lines shown on floodplain zoning maps shall be the hydraulic
				floodway lines. These hydraulic floodway lines shall be determined by studies
				complying with the standards contained in s.
				NR
				116.07.
(b)
Floodfringe district.
All areas within the floodplain landward of the official floodway lines shall
				be shown as a "floodfringe district."
(c)
Coastal floodplain
				district.
All areas adjacent to Lake Superior or Lake Michigan within
				the regional floodplain shall be designated as a coastal floodplain
				district.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.12 - Development standards in floodway areas

Current through June 24, 2024
(1) PROHIBITED
				USES. Municipalities shall prohibit the following uses in floodway areas:
(a) Except as provided in sub. (2), any
				development which will cause an obstruction to flood flows or an increase in
				regional flood discharge or will adversely affect the existing drainage courses
				or facilities.
(b) A structure is
				always prohibited in, on or over floodway areas if the structure is:
1. Designed for human habitation;
2. Associated with high flood damage
				potential; or
3. Not associated
				with permanent open space uses.
(c) Any storage of materials that are
				buoyant, flammable, explosive or injurious to human, animal, plant, fish or
				other aquatic life.
(d) Any use
				which is not in harmony with, or which may be detrimental to, the uses
				permitted in the adjoining districts.
(e) Any sewage system, whether public or
				private, except portable latrines that are removed during flooding, or systems
				associated with recreational areas that meet the applicable provisions of local
				ordinances and ch. SPS 383.
(f) Any
				well, whether public or private, which is used to obtain water for ultimate
				human consumption, except systems associated with recreational areas that meet
				the applicable provisions of municipal zoning ordinances and chs.
				NR 811 and
				812.
(g) Any solid or hazardous waste disposal
				facility.
(h) Any wastewater
				treatment pond or facility except as permitted in s.
				NR
				110.15(3) (b).
(i) Any sanitary sewer or water line except
				those used to service existing development or proposed development located
				outside of the floodway and which comply with the requirement for the
				floodplain area on which it is located.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.13 - Development standards in floodfringe areas

Current through June 24, 2024
(1) GENERAL.
(a) Municipalities, using the appropriate
				procedure described in s.
				NR
				116.21, may issue permits allowing uses in floodfringe
				areas which are compatible with the criteria in this section.
(b) All floodfringe developments shall be
				compatible with local land use plans. In the absence of formal plans,
				development shall be compatible with the uses permitted in adjoining
				districts.
(c) Floodfringe
				developments may be permitted only if such developments do not cause an
				obstruction to flood flows of any tributaries to the main stream, drainage
				ditches, or any other drainage facilities or systems or if amendments are made
				to the affected official floodway lines, water surface profiles, floodplain
				zoning maps and floodplain zoning ordinances in accordance with the provisions
				of ss.
				NR
				116.11 and
				116.21(6).
(d) Floodfringe developments may be permitted
				only if such developments do not affect the conveyance capacity by causing an
				obstruction to flow or storage capacity of the floodplains, such that it causes
				any increase in the regional flood height or discharge.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.14 - Development standards in other floodplain areas

Current through June 24, 2024
In cooperation with municipalities, and to insure sound
				  floodplain management, the department may designate or approve the following
				  floodplain districts, in addition to those established in ss.
				  NR
				  116.12 and
				  116.13, providing the criteria in s.
				  NR
				  116.11 are met:
(1) SHALLOW DEPTH FLOODING DISTRICT. The
				standards for permitting development in a floodfringe area under s.
				NR
				116.13 shall be applicable to a shallow depth flooding
				area except that such development may not result in an obstruction to flood
				flows. If development does cause an obstruction to flood flows, the development
				may not be permitted unless the entire shallow depth flooding district is
				rezoned to floodfringe district according to the criteria established in s.
				NR
				116.11(2) (f).
(2) FLOOD STORAGE DISTRICT.
(a)
General.
Municipalities
				using the appropriate procedure described in s.
				NR
				116.20, may issue permits for development in flood
				storage areas which are compatible with the criteria for floodfringe areas, as
				described in s.
				NR
				116.13, providing the provisions of par. (b) are
				met.
(b)
Flood storage
				modifications.
When any proposed development would remove flood
				storage volume, an equal volume of storage, as defined by the ground surface
				and the regional flood elevation, shall be provided to compensate for the
				volume of storage which is lost. Excavation below the groundwater table is not
				considered as providing an equal volume of storage.
(c)
Rezoning of flood storage
				district.
If compensatory storage cannot be provided, the area may not
				be developed unless the entire flood storage district is rezoned to floodfringe
				district utilizing the criteria established in s.
				NR
				116.11(2) (e).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.16 - Floodproofing

Current through June 24, 2024
(1) GENERAL STANDARDS. When floodproofing
				measures are required by either a municipal floodplain zoning ordinance or some
				other regulation which incorporates by reference the floodproofing requirements
				of this chapter, such measures shall be designed to withstand the flood depths,
				pressures, velocities, impact and uplift forces and other factors associated
				with the regional flood, to assure that the structures are watertight and
				completely dry to the flood protection elevation without human intervention
				during flooding.
(2) CERTIFICATION.
(a) Whenever floodproofing measures are
				required, a registered professional engineer or architect shall certify that
				the following floodproofing measures will be utilized, where appropriate, and
				are adequate to withstand the flood depths, pressures, velocities, impact and
				uplift forces and other factors associated with the regional flood:
1. Anchorage of structures, or addition of
				mass or weight to structures, to prevent flotation.
2. Reinforcement of walls and floors to
				resist rupture or collapse caused by water pressures or floating
				debris.
3. Construction of wells,
				water supply systems and waste treatment systems so as to prevent the entrance
				of flood waters into such systems.
4. Subsurface drainage systems to relieve
				external pressures on foundation walls and basement floors.
5. Cutoff valves on sewer lines or the
				elimination of gravity flow basement drains.
6. Placement of essential utilities above the
				flood protection elevation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.17 - Levees, floodwalls and channel improvements

Current through June 24, 2024
(1) GENERAL. The
				following standards shall apply to municipal floodplain zoning regulations for
				areas landward of levees, floodwalls and channel improvements.
(2) LEVEES OR FLOODWALLS.
(a) A levee or floodwall shall be considered
				adequate if all of the following criteria and the requirements of par. (b) are
				met:
1. The minimum top elevation of the
				levee or floodwall shall be calculated using whichever of the following
				provides the greater protection from floods:
a. The profile of the regional flood with
				that regional flood confined riverward of the proposed levee or floodwall, plus
				3 feet of freeboard; or
b. The
				standard project flood and/or the 500 year flood confined riverward of the
				proposed levee or floodwall.
c.
				Exceptions to the standards in subd. 1. a. and b. may be granted by the
				department on a case-by-case basis for levees and floodwalls not used to
				protect human life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.18 - Procedures for changing floodplain, floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain district limits

Current through June 24, 2024
Municipalities may not change the limits of the floodplain or
				  the floodway, floodfringe, shallow depth flooding, flood storage or the coastal
				  floodplain district without first amending the applicable portions of the water
				  surface profiles, floodplain zoning maps and floodplain zoning ordinances in
				  accordance with s.
				  NR
				  116.11 and securing department approval for such
				  amendments. No area in the floodplain may be removed from the floodplain unless
				  it can be shown that the area has been filled to the flood protection elevation
				  and is contiguous to other lands lying outside the
				  floodplain.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.19 - Appointment and duties of zoning administrator, zoning agency and board of adjustment or appeals

Current through June 24, 2024
(1) APPOINTMENT POWERS. Municipalities shall
				provide in their floodplain zoning ordinances for the appointment of
				appropriate boards and staff, and the development of necessary policies and
				procedures, to administer the floodplain zoning ordinance in accordance with
				this section. If a zoning administrator, zoning agency or a board of adjustment
				or appeals has already been appointed to administer a zoning ordinance adopted
				under s.
				59.69,
				59.692
				or
				62.23(7),
				Stats., these officials shall also administer the floodplain zoning
				ordinance.
(2) ZONING
				ADMINISTRATOR. A zoning administrator and such additional staff as needed shall
				be appointed and given the duties and powers to:
(a) Advise applicants of the provisions of
				the floodplain zoning ordinance and provide assistance in preparing permit
				applications and appeals;
(b) Issue
				permits and inspect properties for compliance with the floodplain zoning
				ordinance;
(c) Keep the official
				records of, and any changes to, all water surface profiles, floodplain zoning
				maps, floodplain zoning ordinances, nonconforming buildings and nonconforming
				uses and the official records of all permit applications, permits, appeals,
				variances and amendments related to the floodplain zoning ordinance;
(d) Submit copies of any required data,
				special exception permits, variances, amendments, case-by-case analyses, annual
				reports and any other required information to the department. An annual summary
				showing only the number and types of zoning actions taken by the municipality
				shall be submitted to the department by the zoning administrator; and
(e) Investigate, prepare reports and report
				violations of the floodplain zoning ordinance to the appropriate municipal
				committee and to the municipal attorney, corporation counsel or district
				attorney, with copies to the appropriate department district office.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.20 - Municipal responsibilities

Current through June 24, 2024
(1) JURISDICTION.
(a) The floodplain zoning ordinance shall
				require authorization through permits, special exceptions, variances and
				amendments, from the appropriate municipality for any of the following
				activities in floodplain areas:
1. Any new use
				or change in use of land or water.
2. Any new use or change in use of a
				structure or building.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.21 - Permits, special exceptions, conditional uses, variances, appeals and amendments

Current through June 24, 2024
(1) GENERAL. The floodplain zoning ordinance
				shall list the specific types of uses which may be authorized by permit,
				special exception or conditional use, indicating the particular authorization
				required for each type of use. These authorizations may not be contrary to the
				provisions of this chapter or other state law, or to applicable municipal
				ordinances.
(2) PERMITS.
				Municipalities shall issue permits for uses in floodplain areas which are in
				compliance with the applicable provisions for permitted uses in their
				floodplain zoning ordinances. These permits shall be issued by the zoning
				administrator.
(3) SPECIAL
				EXCEPTIONS OR CONDITIONAL USES. Any use requiring a special exception or
				conditional use permit may be allowed only upon application to the zoning
				administrator, public hearing and issuance of a special exception or
				conditional use permit by the board of adjustment or appeals or, where
				appropriate, the zoning agency. When determining whether to grant or deny a
				special exception or conditional use permit, the board of adjustment or appeals
				shall assure compliance of the proposal with:
(a) The provisions of the floodplain zoning
				ordinance;
(b) The purpose and
				objective of floodplain management, as enumerated in s.
				NR
				116.01; and
(c) Local land use plans and other land use
				controls.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 116 - Wisconsin's floodplain management program › Section NR 116.22 - Department duties

Current through June 24, 2024
(1) ASSISTANCE TO MUNICIPALITIES. The
				department shall provide assistance to municipalities in the development,
				adoption and administration of their official floodway lines, water surface
				profiles, floodplain zoning maps and floodplain zoning ordinances. Such
				assistance shall include, but not be limited to, the activities described in
				this subsection.
(a) The department shall
				establish and upgrade standards for local floodplain zoning
				ordinances.
(b) When requested by a
				municipality, the department shall evaluate flood hazards and the effects of
				proposals in floodplain areas upon water surface profiles, floodway limits and
				flood velocities as provided in s.
				NR 116.20(2)
				(b). Requests for such evaluations shall come
				from a municipality, not from individual property owners or applicants.
				Information needed to conduct the evaluation shall be provided by the applicant
				or the municipality.
(c) The
				department shall work with federal agencies to provide technical guidance and
				computer facilities for certain hydrologic, hydraulic and engineering studies.
				Generally, the necessary topographic and other base maps and field surveys will
				be the responsibility of the municipality.
(d) The department shall establish priorities
				for engineering studies to be done in municipalities by federal
				agencies.
(e) The department shall
				respond to the requests from municipalities to provide them assistance in
				enforcement actions against violations of their floodplain zoning
				ordinances.
(f) The department
				shall respond to requests from municipalities for assistance in developing
				hydraulic and official floodway lines.
(g) The department shall review all studies.
				No studies may be used until department approval has been secured.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 117 - Wisconsin's city and village shoreland-wetland protection program › Section NR 117.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish minimum standards
				  for city and village shoreland-wetland zoning ordinances to accomplish the
				  shoreland protection objectives of s.
				  281.31,
				  Stats. Cities and villages are required by ss.
				  62.231
				  and
				  61.351,
				  Stats., to adopt shoreland-wetland zoning ordinances within 6 months after
				  receipt of final wetland inventory maps, which have been prepared by the
				  department under s.
				  23.32,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 117 - Wisconsin's city and village shoreland-wetland protection program › Section NR 117.02 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter are
				applicable to the adoption, administration and enforcement of city and village
				shoreland-wetland zoning ordinances adopted under ss.
				62.231
				and
				61.351,
				Stats. Unless specifically exempted by law, all cities and villages, towns,
				counties and, when s.
				13.48(13),
				Stats., applies, state agencies are required to comply with, and obtain all
				necessary permits, under local shoreland-wetland zoning ordinances.
(2) If a city or village ordinance adopted
				under s.
				62.23,
				61.35 or
				87.30, Stats.,
				affecting wetlands in a shoreland area is more restrictive than an ordinance
				enacted under s.
				62.231
				or
				61.351,
				Stats., affecting the same lands, it continues to be effective in all respects
				to the extent of the greater restrictions, but not otherwise.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 117 - Wisconsin's city and village shoreland-wetland protection program › Section NR 117.05 - Shoreland-wetland protection standards

Current through June 24, 2024
(1) ESTABLISHMENT
				OF SHORELAND-WETLAND ZONING REGULATIONS.
(a)
City and village review of preliminary wetland inventory maps.
Before the department prepares final Wisconsin wetlands inventory maps:
1. The department shall transmit to the
				appropriate city or village officials copies of preliminary wetland inventory
				maps for that city or village.
2.
				The city or village shall have 90 days to review the preliminary maps unless
				the review period is extended by written approval of the department, but in no
				case shall the review period extend for more than 180 days.
3. The city or village may hold a public
				hearing to solicit public comments on the preliminary maps. Notice of the time
				and place of the hearing shall be published as a class I notice under ch. 985,
				Stats.
4. On or before the last day
				of the review period, the city or village shall return the preliminary maps to
				the department. If city or village officials believe that the preliminary maps
				are inaccurate, discrepancies shall be noted on the maps with an accompanying
				narrative explaining the problem areas.
5. The department shall schedule a meeting
				with city or village officials within 30 days of the return of the preliminary
				maps if the city or village has indicated that it believes that there are
				inaccuracies on the preliminary maps.
6. After meeting with city or village
				officials to discuss apparent map inaccuracies, the department shall, at
				department expense, consult available soil survey maps and conduct on-site
				inspections, if appropriate, in order to evaluate the city or village
				recommendations, and shall then prepare, adopt and deliver to the city or
				village the final wetland inventory maps for that city or village.
7. The adoption of a final wetland inventory
				map is a final decision of the department and may be reviewed as provided in
				ch. 227, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 117 - Wisconsin's city and village shoreland-wetland protection program › Section NR 117.06 - Department duties

Current through June 24, 2024
(1) ASSISTANCE TO CITIES AND VILLAGES. To the
				full extent of its available resources, the department shall provide advice and
				assistance to cities and villages in the development, adoption, administration
				and enforcement of shoreland-wetland zoning ordinances and amendments to
				existing ordinances or zoning codes, seeking the highest practicable degree of
				uniformity consistent with the shoreland protection objectives in s.
				281.31,
				Stats. As a part of this effort, the department shall prepare model
				shoreland-wetland zoning ordinances which cities and villages may use in
				meeting the requirements of ss.
				62.231
				and
				61.351,
				Stats., and this chapter.
(2)
				REVIEW AND APPROVAL OF SHORELAND-WETLAND ZONING ORDINANCES.
(a) Compliance with requirements of s.
				62.231
				or
				61.351,
				Stats., will be determined by the department by comparing the shoreland-wetland
				zoning regulations which have been adopted by a city or village with the
				minimum standards for shoreland-wetland zoning regulations contained in s.
				NR
				117.05. The department shall issue a certificate of
				compliance when a city or village has, in the opinion of the department,
				complied with s.
				62.231
				or
				61.351,
				Stats., and this chapter.
(b) The
				department shall review all proposed amendments to shoreland-wetland zoning
				regulations under s.
				NR
				117.05(4) (e), to ensure that an
				ordinance or zoning code which is amended as proposed will retain its status of
				compliance with s.
				62.231
				or
				61.351,
				Stats., and this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.01 - Purpose

Current through June 24, 2024
The following rules are necessary to reduce the adverse
				  effects of overcrowding and poorly planned shoreline and bluff area
				  development, to prevent pollution and contamination of surface waters and
				  groundwaters and soil erosion, to provide sufficient space on lots for sanitary
				  facilities, to minimize flood damage, to maintain property values, and to
				  preserve and maintain the exceptional scenic, cultural and natural
				  characteristics of the water and related land of the Lower St. Croix riverway
				  in a manner consistent with the national wild and scenic rivers act ( P.L.
				  90-542 ), the federal Lower St. Croix river act of 1972 ( P.L. 92-560 ) and the
				  Wisconsin Lower St. Croix river act (s.
				  30.27,
				  Stats.).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.02 - Applicability

Current through June 24, 2024
(1) LOWER ST. CROIX RIVERWAY BOUNDARIES.
				These rules shall apply within the boundaries of the Lower St. Croix national
				scenic riverway as set forth in the master plan jointly prepared by the states
				of Minnesota and Wisconsin and the national park service pursuant to P.L.
				92-560 except that the incorporated area of the city of St. Croix Falls lying
				west of STH 35 and STH 87 in section 30, T34N, R18W shall be included.
Note: A boundary map and legal description of the riverway
				  boundary is available in the office of each local zoning authority within the
				  district boundaries.
(2)
				Lower St. Croix riverway management zones. Each ordinance enacted or amended by
				a city, village, town or county within the Lower St. Croix national scenic
				riverway boundaries shall designate Lower St. Croix riverway management zones
				in accordance with s.
				NR
				118.04.
(3) LOCAL ZONING ORDINANCES. Counties,
				cities, villages and towns within the Lower St. Croix national scenic riverway
				boundaries shall adopt zoning ordinances as required by s.
				30.27,
				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. Local zoning ordinances adopted pursuant to
				s.
				30.27,
				Stats., and this chapter may be more, but not less, restrictive than the
				standards contained in these administrative rules. In no case shall a use or
				activity allowed by these rules be permitted contrary to local zoning
				ordinances.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.04 - Lower St. Croix riverway management zones

Current through June 24, 2024
The Lower St. Croix riverway is divided into 5 management
				  zones. Management zones exist without regard to municipal boundaries and may
				  not be changed by annexation or any action other than revision of these rules.
				  The following management zones are established as follows:
(1) RIVER TOWN.
(a) The river town management zone reflects
				the character of a small city and contains a mixture of commercial, park and
				residential developments that reflect the community's historic character.
				Dense, intensive development may be present, including utilities, multistory
				structures and nonresidential buildings.
(b) The river town management zone is
				established in the following locations:
1. In
				an area bounded on the north by the north corporate limit of the city of Hudson
				as it existed on June 1, 2004 and on the south by the south corporate limit of
				the city of Hudson, as it existed on June 1, 2004.
2. In an area bounded on the north by the
				north city limits of Prescott as it existed on January 1, 1976, and on the
				south by the confluence of the St. Croix and Mississippi rivers.
3. That portion of the village of Osceola
				zoned as B-1 in the village zoning ordinance in effect July 1, 2006, located
				west of the centerline of STH 35 and north of the Wisconsin Central Railroad
				tracks and identified as blocks #13, #15 and #17 of the original plat of the
				Village, lots #7 to 11 in block 10 of the original plat of the Village, outlots
				#119, #120, #124, #125 and #126, and parcel #165-529.
4. That portion of the city of St. Croix
				Falls located south of the intersection of River Street and Washington Street,
				and north of a line parallel to the boundary of Interstate State Park, bounded
				on the west by the centerline of River Street, and on the east by the
				centerline of Washington Street.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.05 - Land uses and structures in the Lower St. Croix river district

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.06 - General provisions

Current through June 24, 2024
(1) DIMENSIONAL AND OTHER STANDARDS.
(a)
Minimum lot size.
The
				minimum lot size for parcels that are allowed to be used as building sites in
				each management zone shall be as follows:
1.
				In the river town, small town and small town historic management zones, the
				minimum lot size shall be established in the local riverway
				ordinance.
2. In the rural
				residential and conservation management zones, the minimum lot size shall meet
				the following standards:
a. The minimum lot
				size shall have at least one acre of net project area.
b. If the lot is not served by a public
				sewage system or community sewage collection and treatment services, the lot
				shall have adequate room for one single-family residence and 2 private on-site
				wastewater treatment systems.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.07 - Conditional use standards

Current through June 24, 2024
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:
(1)
				LAND DIVISIONS. A conditional use permit may be granted to divide property into
				lots if all of the following conditions are met:
(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.
(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.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 118 - Standards For The Lower St. Croix National Scenic Riverway › Section NR 118.09 - Administrative provisions

Current through June 24, 2024
(1) ADOPTION AND
				REVIEW OF ORDINANCES.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.01 - General

Current through June 24, 2024
This chapter establishes standard protocols for developing
				  site-specific water quality criteria for total phosphorus. A phosphorus
				  site-specific criterion may be established to appropriately protect a
				  waterbody's designated uses when the applicable statewide total phosphorus
				  criterion, as specified in s. NR 102.06, is determined by the department to be
				  more or less stringent than necessary to protect the uses of the waterbody due
				  to site-specific conditions. The requirements specified in s.
				  281.15(1) and (2) (b) to
				  (e), Stats., shall be met when developing a
				  site-specific criterion under this chapter. Protection of a waterbody's
				  designated uses is evaluated using indicators of the ecosystem's response to
				  phosphorus and overall biotic integrity. After a phosphorus site-specific
				  criterion is adopted, approved by the U.S. EPA, and takes effect, it becomes
				  the applicable water quality criterion under s.
				  281.15,
				  Stats., for the approved waterbody or segment.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.03 - Less stringent SSC

Current through June 24, 2024
A waterbody or segment may be eligible for a less stringent
				  SSC if the requestor demonstrates and the department determines that the
				  designated uses of the waterbody and its affected downstream waters can be
				  protected by a less stringent phosphorus criterion based on the analysis of
				  site-specific data. For the department to approve a less stringent SSC, the SSC
				  shall be developed using methods specified in ss. NR 119.05 to 119.06 and be
				  protective of downstream uses as specified in s. NR 119.06 (6). The categories
				  of waterbodies that may qualify for less stringent SSC include all of the
				  following:
(1) BIOLOGICAL METRICS
				ATTAINED. A less stringent SSC may be appropriate for a waterbody that is not
				attaining its statewide phosphorus criterion if all of its phosphorus response
				indicators and biological assessment thresholds are attained.
(2) BIOLOGICAL METRICS NOT ATTAINED. A less
				stringent SSC may be appropriate for a waterbody that is not attaining its
				statewide phosphorus criterion even if one or more of its phosphorus response
				indicators or biological assessment thresholds are not attained, provided a
				modeling analysis demonstrates that the phosphorus response indicators are
				expected to be attained if the waterbody's phosphorus concentration is
				sufficiently reduced to attain a proposed SSC that is less stringent than the
				statewide phosphorus criterion.
Note:
Certain reservoirs with a statewide
				  phosphorus criterion of 30-40 ug/L may fit in this category. An example of this
				  analysis is the modeling and analysis conducted for Petenwell and Castle Rock
				  Lakes.
(3) HIGH NATURAL
				BACKGROUND PHOSPHORUS CONCENTRATION. A less stringent SSC may be appropriate if
				a waterbody is not attaining the statewide phosphorus criterion because the
				natural background phosphorus concentration is higher than the statewide
				phosphorus criterion.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.04 - More stringent SSC

Current through June 24, 2024
A waterbody or segment is eligible for a more stringent SSC
				  if the requestor demonstrates and the department determines that the statewide
				  phosphorus criterion is not sufficiently protective of the waterbody's
				  designated uses. A more stringent SSC may be appropriate if a waterbody is in
				  one of the following categories:
(1)
				BIOLOGICAL METRICS NOT ATTAINED. A more stringent SSC may be appropriate if a
				waterbody attains its statewide phosphorus criterion but does not attain one or
				more of its phosphorus response indicators or biological assessment thresholds.
				However, a more stringent SSC is not appropriate under this subsection if a
				biological assessment threshold or phosphorus response indicator is not
				attained due to factors other than phosphorus, and the department determines
				that phosphorus is not contributing to the nonattainment.
Note:
Because flowing waters may transport algae
				  downstream from where it is produced, an SSC should only be established on the
				  segment of the waterbody where the impairment is being generated. For example,
				  if a river directly downstream of an impoundment attains its phosphorus
				  criterion but receives high algae concentrations passed through from the
				  impounded area, a more stringent SSC for the river segment downstream from the
				  dam may not be appropriate since the source of the algae is upstream.
				  Establishing an SSC downstream from the dam is not likely to achieve attainment
				  of the phosphorus response indicator.
(2) BIOLOGICAL METRICS ATTAINED. A more
				stringent SSC may be appropriate even if a waterbody is below its statewide
				phosphorus criterion and it attains its phosphorus response indicators and
				biological assessment thresholds if it is demonstrated that a more stringent
				SSC than the statewide phosphorus criterion is necessary to maintain attainment
				of any of these indicators and the level necessary can be demonstrated through
				modeling.
For example, certain impounded flowing waters with a
					 statewide phosphorus criterion of 100 ug/L may fit in this category if the
					 ambient concentration of the waterbody is below the statewide criterion but
					 concentrations approaching 100 ug/L would be too high to support recreation and
					 aquatic life.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 119 - Phosphorus Site-Specific Water Quality Criteria › Section NR 119.05 - Methods for determining an SSC

Current through June 24, 2024
An SSC shall be developed using one of the following
				  methods:
(1) SSC BASED ON AMBIENT
				PHOSPHORUS CONCENTRATION. For cases under s. NR 119.03 (1) when it is
				demonstrated that a less stringent SSC is appropriate because biological
				metrics are attained, the department may set the SSC at a concentration not to
				exceed a flowing water's median ambient concentration, or a lake or reservoir's
				mean ambient phosphorus concentration. If the weather-controlled total
				phosphorus concentration can be determined for the waterbody, this value may be
				used as the ambient phosphorus concentration.
Note:
The SSC is set at the waterbody's median
				  or mean ambient concentration (or weather-controlled phosphorus concentration)
				  because the ambient concentration is deemed to be protective of designated uses
				  if the waterbody attains its phosphorus response indicators and biological
				  assessment thresholds at current concentrations.
(2) SSC DERIVED THROUGH MODELING.
(a)
Modeling analysis.
If a
				statistical or modeling analysis demonstrates that attaining a phosphorus
				concentration higher or lower than the statewide phosphorus criterion will
				attain a waterbody's suspended chlorophyll
a
phosphorus
				response indicators specified in s. NR 102.60 (2) and (3), and the department
				initiates rulemaking to establish an SSC, the department shall propose an SSC
				at the modeled phosphorus concentration expected to attain the applicable
				indicators. The analysis shall be conducted following requirements specified in
				s. NR 119.06 (4) (b).
Note:
Modeling demonstrations under this
				  subsection do not require modeling of biological communities such as fish,
				  aquatic insect, or aquatic plant communities because, while predictive modeling
				  is well-established for chlorophyll
a
concentrations, there
				  are no widely-accepted modeling approaches that predict community-scale
				  responses of fish, aquatic insect, or aquatic plant communities to variation in
				  phosphorus concentrations with a high degree of precision.
(b)
Use of natural background
				phosphorus concentrations.
An SSC may be set no lower than a
				waterbody's natural background phosphorus concentration if the background
				concentration can be determined. The natural background concentration may be
				estimated using the concentration for similar nearby waterbodies with minimal
				human impacts or other methods approved by the department. For natural lakes,
				the background concentration may be determined from a sediment core using
				paleolimnological methods.
Note:
Natural background phosphorus
				  concentrations can be inferred from diatoms deposited in the sediment prior to
				  significant impacts from Euro-American settlement, circa 1850s but variable
				  across the state.