APPENDIX B: WATER SURFACE USE GUIDELINES
(Final Lower St. Croix Management Plan)
Watercraft speed regulations were first established on the lower St. Croix River in the mid-1960s in the form of limited slow-no-wake zones in the Hudson, Kinnickinnic, and Prescott narrows. Those limits were established by order of the Washington County Sheriff. As boating activity on the river grew rapidly in the 1960s and 1970s, there were increasing concerns that the river was becoming unsafe and that additional speed regulations would need to be imposed. The Scenic River Study of the Lower St. Croix, prepared in 1971 as directed by Congress (National Wild and Scenic Rivers Act, 1968), concluded boating use of the river was by then unacceptably overcrowded and action was needed to reduce the perceived hazards associated with speeding boats in close proximity to one another, to enhance safety and to reduce the impacts of boat wakes.
Following designation of the Lower St. Croix (Lower St. Croix Act, 1972) the interagency planning team undertook development of a management approach for regulating boating. The result was appendix B of the Master Plan (1976), which contained a framework for state and federal boating regulations. Based on that framework, the states and the National Park Service in 1977 imposed water surface use regulations on the riverway.
In 1978 the Lower St. Croix Management Commission developed a Riverway Management Policy Resolution that provided guidance for future changes in those regulations. Based on that guidance, the state-federal regulations were amended in 1978, 1981, 1984, 1987, 1991 and 1996.
The purpose of this appendix is to provide a framework for future changes in the regulations. It is based on the following four water management districts:
WATER MANAGEMENT DISTRICTS
Active Social Recreation (Stillwater Bridge South to Prescott)
In this district are found large numbers of both people and watercraft. The types of boats found in this area would vary widely: while most would be motorized, nonmotorized watercraft may be present. Boat speeds would also vary significantly; they would be strictly controlled in some limited areas (such as narrows areas), but the highest boat speeds allowed on the river would be in this district.
Moderate Recreation
This district may contain large numbers of watercraft at times, but use in this area would tend to be more moderate in terms of numbers of people and watercraft on the water, and in terms of the intensity of activity. A variety of boat types, primarily motorized watercraft, may be present. Boats may travel at different speeds, but tend toward slower speeds than the Active Social Recreation District, although faster than the Quiet Waters and Natural Waters districts. Boat speeds may be very strictly controlled in some limited areas (such as narrows areas); there would be an overall limit on boat speeds.
Quiet Waters
This district would provide for low-impact boating activities, but during peak use periods large numbers of watercraft could be encountered. Management would be directed toward recreational uses that leave the surface of the river largely undisturbed. Both motorized and nonmotorized watercraft would be able to use these areas. Watercraft speeds would be kept low to preserve the river’s tranquil quality.
Natural Waters
This district would provide an experience emphasizing a sense of peace and quiet, with some opportunities for solitude. Watercraft numbers would usually be very low. Most watercraft would be human-powered. Watercraft speeds would be kept low.
BOATING MANAGEMENT
Speed Limits
Speed limits should be imposed on the St. Croix as follows, based on management area classification in the plan:
Active Social Recreation: 40 mph between sunrise and sunset, and 20 mph between sunset and sunrise
Moderate Recreation: 20 mph Quiet Waters: slow speed, but in no case greater than 15 mph
Natural: slow-no-wake
Shore Activity Zone
A shore activity zone is needed to reduce boat speeds near shore to ensure the safety of swimmers and moored and beached boats and to prevent erosion. Boat speeds should be restricted to slow-no-wake within 100 feet of all shore, including islands, within 100 feet of swimmers, and within 100 feet of nonmotorized craft.
Slow-No-Wake Zones in Narrows Areas Slow-no-wake zones have reduced boat speed (to increase safety, reduce resource damage and preserve diverse experiences) in narrows areas of parts of the Lower St. Croix since the 1960s. They exist to increase safety, reduce resource damage and preserve diverse experiences. Slow-no-wake speed limits have historically been established in areas that exceed density standards.
High-Water No-Wake
During periods of high water, the river contacts the shore in areas that are highly susceptible to erosion. Watercraft traveling at speeds above a slow-no-wake speed produce wakes that accelerate erosion on these unstable shore areas, so speeds need to be restricted during these high-water events. All boating should be limited to a slow-no-wake speed whenever river levels reach or exceed 683 feet as measured at the Stillwater gauge.
Density Policy
The potential need for speed regulations should be studied when density exceeds 15 acres of water per moving boat, and speed regulations need to be imposed when density exceeds 10 acres of water per moving boat.
Craft Type Restrictions
Amphibious craft should not be permitted to drive onto publicly owned shore areas except at boat ramps. Personal watercraft are required to operate at no-wake speeds near all shore, including islands and swimmers. This distance is set by state law and is 150 feet in Minnesota and 200 feet in Wisconsin.
Boat Noise
Watercraft noise limits are established by state law in each state.
ACCESS
Private Property
Residential riparian owners have a right to access the water through their property, but the exercise of that right is limited to their personal needs. Unless limited by other requirements, a dock may extend waterward the greater distance of: 1) a boat length, 2) the distance to the 4-foot water depth contour (at normal low water, which is 675 feet elevation from Stillwater south), or 3) the distance to a deeper contour if required by the draft of the craft using the dock but in no case should the dock extend beyond the 100-foot shore activity zone. The states should establish standards for allowable dock size. Mooring buoys must be the minimum size and number necessary (in combination with berthage) to meet the owner’s personal needs and must be placed within the 100-foot shore activity zone adjacent to the owner’s property. Single riparian parcels in common ownership may be allowed a combinaton of berthage and moorage that total one watercraft per buildable frontage lot equivalent to what would be allowed if the property was developed for single-family homes. The total number of watercraft must be served by one common dock or pier. Resource limitations of the site and river cannot be exceeded.
Mississippi River
The states should work with other agencies to improve the recreational appeal of this portion of the Mississippi as a way to encourage boaters to stay on that river.
Boat Ramps
There should be no new or expanded boat ramps or car-trailer parking on the Lower St. Croix, except for completion of the Minnesota public water access planned in the stretch of river near the A.S. King Generating Plant. State and local units of government are strongly encouraged to restrict parking adjacent to all launch ramps, public and private, on lands under their jurisdiction.
Marinas
New marinas should not be allowed on the riverway, and existing marinas should not be permitted to expand in any way, including dry storage. Marina capacity should not be transferred from one marina to another.
MINNESOTA STATUTES:
LOWER ST. CROIX RIVER
103F.351 Lower St. Croix Wild and Scenic River Act.
Subdivision 1. Findings. The lower St. Croix River,between the dam near Taylors Falls and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and recreational asset lying close to the largest densely populated area of the state. The preservation of this unique scenic and recreational asset is in the public interest and will benefit the health and welfare of the citizens of the state. The state recognizes and concurs in the inclusion of the lower St. Croix River into the federal wild and scenic rivers system by the Lower St. Croix River Act of the 92nd Congress, Public Law Number 92-560. The authorizations of the state are necessary to the preservation and administration of the lower St. Croix River as a wild and scenic river, particularly inrelation to those portions of the river that are to be jointly preserved and administered as a wild and scenic river by this state and Wisconsin.
Subd. 2. Comprehensive master plan.
(a) The commissioner of natural resources shall join with the secretary of the United States Department of the Interior and the appropriate agency of the state of Wisconsin in the preparation of the comprehensive master plan relating to boundaries, classification, and development required by section 3 of the Lower St. Croix River Act of 1972, and by section 3(b) of the Wild and Scenic Rivers Act, Public Law Number 90-542.
(b) The commissioner shall make the proposed comprehensive master plan available to affected local governmental bodies, shoreland owners, conservation and outdoor recreation groups, and the general public.
(c) Not less than 30 days after making the information available, the commissioner shall conduct a public hearing on the proposed comprehensive master plan in the county seat of each county which contains a portion of the area covered by the comprehensive master plan, in the manner provided in chapter 14.
Subd. 3. Acquisition of land and easements. The commissioner of natural resources may acquire land, scenic easements, or other interests in land by gift, purchase, or other lawful means, and may acquire scenic easement interests in land by eminent domain. The acquisitions must be proposed for acquisition by the state by the comprehensive master plan.
Subd. 4. Rules.
(a) The commissioner of natural resources shall adopt rules that establish guidelines and specify standards for local zoning ordinances applicable to the area within the boundaries covered by the comprehensive master plan.
(b) The guidelines and standards must be consistent with this section, the federal Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. The standards specified in the guidelines must include: (1) the prohibition of new residential, commercial, or industrial uses other than those that are consistent with the above mentioned acts; and(2) the protection of riverway lands by means of acreage, frontage, and setback requirements on development.
(c) Cities, counties, and towns lying within the areas affected by the guidelines shall adopt zoning ordinances complying with the guidelines and standards within the time schedule prescribed by the commissioner.
Subd. 5. Administration. The commissioner of natural resources in cooperation with appropriate federal authorities and authorities of the state of Wisconsin shall administer state lands and waters in conformance with this section, the federal Wild and Scenic Rivers Act, and the federal Lower St. Croix River Act of 1972. HIST: 1990 c 391 art 6 s 40
93-94 WISCONSIN STATUTES NAVIGABLE WATERS, HARBORS AND NAVIGATION
30.25 Wolf River protection.
30.25(1)
(1) Except as provided under sub.
(2), no person may make any effort to improve the navigation on the
Wolf River north of the southern boundary of Shawano County nor shall any dam be authorized for construction in that portion of the Wolf River. Any permit issued or in effect by virtue of or under authority of any order or law authorizing the construction of any dam in the Wolf River in Langlade County is void. This declaration does not affect permits for or the operation or maintenance of any dam in existence on August 24, 1963.
(3) A person may engage in a minor dredging project to improve access to or to improve the aesthetics of
the Wolf River in Shawano County if a permit issued by the department under s. 30.20 authorizes the project. 30.25 - ANNOT. History: 1987 a. 374.
30.26 Wild rivers.
30.26(1)
(1) Legislative intent. In order to afford the people of this state an opportunity to enjoy natural streams, to attract out-of-state visitors and assure the well-being of our tourist industry, it is in the interest of this state to preserve some rivers in a free flowing condition and to protect them from development; and for this purpose a system of wild rivers is established, but no river shall be designated as wild without legislative act.
(2) Designation. The Pike River in Marinette County, and the Pine River and its tributary Popple River in Florence and Forest counties are designated as wild rivers and shall receive special management to assure their preservation, protection and enhancement of their natural beauty, unique recreational and other inherent values in accordance with guidelines outlined in this section.
(3) (intro.) Duties of department. The department in connection with wild rivers shall:
(a) Provide active leadership in the development of a practical management policy.
(b) Consult other state agencies and planning committees.
(c) Collaborate with county and town boards and local development committees or boards in producing a
mutually acceptable program for the preservation, protection and enhancement of the rivers.
(d) Administer the management program.
(e) Seek the cooperation of the U.S. forest service, timber companies, county foresters and private
landowners in implementing land use practices to accomplish the objectives of the management policy.
(f) Act as coordinator under this subsection.
30.27 Lower St. Croix River preservation.
(1) Purpose. The Lower St. Croix River, between the dam near St. Croix Falls and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and recreational asset. The preservation of this unique scenic and recreational asset is in the public interest and will benefit the health and welfare of the citizens of Wisconsin. The state of Wisconsin is therefore determined that the Lower St. Croix River be included in the national wild and scenic rivers system under the wild and scenic rivers act, as amended, 16 USC 1271 to 1287, and the Lower St. Croix River act of 1972, 16 USC 1274 (a) (9). The purpose of this section is to ensure the continued eligibility of the Lower St. Croix River for inclusion in the national wild and scenic rivers system and to guarantee the protection of the wild, scenic and recreational qualities of the river for present and future generations.
(2) Zoning guidelines.
(a) (intro.) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the lower St. Croix river. The guidelines shall designate the boundaries of the areas to which they apply. In drafting the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to, the following:
1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefore, where such uses are inconsistent with the purposes of this section.
2. Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section.
(b) The standards established under par.
(a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under s. 227.24, and such rules shall be effective and implemented and enforced under sub. (3) until permanent rules are implemented under sub. (3). (3) Implementation. Counties, cities, villages and towns lying, in whole or in part, within the areas affected by the guidelines adopted under sub. (2) are empowered to and shall adopt zoning ordinances complying with the guidelines and standards adopted under sub. (2) within 30 days after their effective date. If any county, city, village or town does not adopt an ordinance within the time limit prescribed, or if the department determines that an adopted ordinance does not satisfy the requirements of the guidelines and standards, the department shall immediately adopt such an ordinance. An ordinance adopted by the department shall be of the same effect as if adopted by the county, city, village or town, and the local authorities shall administer and enforce the ordinance in the same manner as if the county, city, village or town had adopted it. No zoning ordinance so adopted may be modified nor may any variance therefrom be granted by the county, city, village or town without the written consent of the department, except nothing in this section shall be construed to prohibit a county, city, village or town from adopting an ordinance more restrictive than that adopted by the department.
30.27 - ANNOT.
History: 1973 c. 197; 1983 a. 192; 1985 a. 182 s. 57; 1995 a. 225.
30.275 Scenic urban waterways.
(1) Legislative intent. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state's tourist industry, it is the intent of the legislature to improve some rivers and their watersheds. For this purpose a system of scenic urban waterways is established, but no river shall be designated as a scenic urban waterway without legislative act.
(2) (intro.) Designation. The following waters are designated scenic urban waterways and shall receive special management as provided under this section:
(a) The Illinois Fox River and its watershed and the Fox River, extending from Lake Winnebago to Green Bay, and its watershed.
(b) (intro.) The Rock River consisting of all of the following:
1. The river from the point that the river flows into the city of Watertown to the point that it flows out of the city of Watertown.
2. The river from the point it flows into the city of Jefferson to the point it flows out of the city of Fort Atkinson.
3. The river from the point it flows into the city of Janesville to the Illinois border.
(3) (intro.) Duties of department. The department in connection with scenic urban waterways shall:
(a) Provide active leadership in the development of a practical management policy.
(b) Consult with other state agencies and planning committees and organizations.
(c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
(d) Administer the management program.
(e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
(f) Act as coordinator under this section.
(g) Develop the Wisconsin Fox River scenic urban waterway, as designated in sub. (2), as a historic and recreational site.
(4) (intro.) Department authority. The department in connection with scenic urban waterways may:
(a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
(b) Lay out and develop scenic drives.
(c) Undertake projects to improve surface water quality and surface water flow.
(d) Provide grants to municipalities, lake sanitary districts, as defined in s. 30.50 (4q), and public inland
lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).
(5) Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.