Designating the St. Croix Headwaters Segment as a “Wild River”

Background:

The St. Croix River headwaters segment flows from the river’s source at Upper St. Croix Lake to the St. Croix Flowage at Gordon (Gordon Flowage).  Much of the river is still wild and undeveloped.  A significant portion of the land along the river’s banks is in public ownership.  There is interest in further protecting the river by designating the 8-mile headwaters segment as an official state “Wild River”.

Chapter 30 of the state statutes sets the framework for designating “Wild Rivers” and Administrative Code NR 302 specifies requirements for activities along these streams.  For management of Department of Natural Resources-owned or controlled lands, NR 302 also establishes a “protection zone” defined as the “area of land within 400 feet of the water (or to the visual horizon from the water, whichever is greater) on either side of the wild river.”

The Wild River designation also includes "Outstanding Resources Water" (ORW) classification.  Click here to jump to the page describing ORW.

The following downloads require Adobe Reader:

Click here to download St. Croix River headwaters segment Wild River Overview.

Click here to download a comparison of County zoning regulations with NR 302 Wild River regulations.

Click here to download a NR 302 overview.

Click here to download a copy of the following Q&A as a PDF file.

Wild River Designation Questions and Answers

1.     What are the benefits of this designation?

It is hoped that this designation will help preserve the wild nature of the shoreline as well as protect water quality and habitat.  Some of the main threats to keeping the river in a wild and natural state are development on either public or private land and poor land use practices in the river’s watershed.  Retaining the river’s wild character and habitat is partly dependent on keeping state and county land in public ownership, and on responsible use of both public and private shoreline and forestland.  The Wild River designation would provide further protection measures from these threats through uniform state law and guidelines.  It would also gain classification as an “Outstanding Resource Water” under NR 102.  This designation gives protection from future point source wastewater discharges and requires more protective measures for grading along the banks on private land. 

2.     Will the State start building camp sites and landings etc.?

There are presently no plans for increasing access points and facilities along the river.  The majority of the public land is in county ownership.  The county and the DNR would need to work together (with public input) on future needs. 

3.     Will this promote over-use of the river and make it less wild?

There will likely be renewed or increased interest in the river because of the new designation.  The degree to which this happens depends partly on how actively the river is promoted, access availability, and difficulty of navigation.

4.     Are there any impacts on the local economy? 

 On other state wild rivers, some local communities and businesses have used this designation for tourism promotion.  No information was readily available on the economic effect of the designation.

5.     How will the DNR and Douglas County implement the designation?

The DNR and Douglas County will need to consider possible protection and improvement goals when developing and updating long-term plans, etc.  The county and local units of government can use the designation and enact more stringent requirements if they choose.

6.     Where are Wisconsin’s other “Wild Rivers”?

Three rivers were originally designated when the program was first established in 1979:

•  Pike River in Marinette County

•  Pine River in Florence and Forest Counties

•  Popple River in Florence and Forest Counties

Private land use:

7.     Will there be adverse possession of private property?

No, the designation does not authorize or require the DNR to acquire property.  The designation protects the river by setting specific practices for logging, shoreland use, managing DNR lands, etc.  The St. Croix River headwaters segment (being fairly wild with little to moderate development and a significant amount of public land along the banks) would be a good candidate for further protection either through acquisition, easements, or voluntary conservation.

8.     Does the Department of Natural Resources intend to purchase land along the river?

No, the Wild Rivers program is not aimed at acquisition.  However, the DNR would encourage and assist the county in protecting additional wild parcels along the river either through purchase or easement.  The Wild River designation may be helpful in getting Forest Legacy funds if privately-owned, forested parcels become available.

9.     Does the designation affect private property rights?

To some degree, as it limits certain activities in the water and does not allow grading or removal of topsoil on the bank.

10.    Can I still keep my pier on the river?

NR 302.04(6) does not allow the construction of piers on wild rivers.  Existing piers, docks, dams, (built prior to the proposed designation) would be “grandfathered in”.

11.    Do I still get a 30' access corridor to the shoreline?

On DNR-owned or controlled (managed) lands the cutting of vegetation is limited to no cutting within the first 150 feet except for silvicultural activities in accordance with the DNR’s Silvicutural and Forestry Aesthetics Handbook.  NR 302 doesn’t restrict cutting on private property, but private landowners are encouraged to help preserve the wild nature of the river.  Cutting on the banks would continue to be regulated by the county Shoreland Zoning ordinance.  Revisions to the State’s minimum shoreland standards, NR 115, are underway and could result in changes to county ordinances, but a Wild Rivers designation would not affect access corridor allowances.

12.     Does this change the building setback, lot size or any other shoreland development standards? 

Shoreland development of privately-owned land, including lot size, is regulated by the county Shoreland Zoning ordinances, which must meet the minimum State standards of NR 115.  Recent changes to Chapter 30 of the Wisconsin Statutes governing activities in navigable waterways included a new definition of river “bank.”  As the Wild Rivers rules prevents grading or removal of topsoil on the bank, this new definition may inadvertently affect the development potential of some lots.  DNR is preparing a revision to the Wild Rivers rules to correct this unintended effect.

13.     Do these rules override county shoreland rules?

No, and further, the Wild River designation does not limit county authority to impose more stringent setback requirements, or preempt any current setback requirements established in county ordinances.  The only potential conflict is the river bank issue noted above, which DNR is working to correct.

14.     Does this affect stream stabilization practices that can be used (rip-rap, etc.)?

Somewhat- section NR 302.03(1)(a) requires the use of natural materials in areas of erosion by human disturbance.

15.     Can I still harvest trees by the river?  

There are very few restrictions on timber harvesting on private lands.  If the lands are enrolled in the Forest Cropland or Woodland Tax Law program, the management plans for these forested parcels need to “recognize the presence of wild rivers running through such entered lands and protect wild river values” (NR 302).  Managed Forest Law (MFL) parcels are not mentioned in NR 302.  Most likely, management plans for existing MFL lands would be “grandfathered”.  Vegetative control within 150 feet of the river and timber harvesting would need to follow forestry best management practices for water quality.  Private owners, regardless of whether or not their land is enrolled in a DNR forestry program, would be encouraged to protect the wild nature and aesthetics of their river frontage through careful vegetative control, particularly within 150 feet of the river as well as within the 400-foot protection area.

Public land issues:

16.     Can the County and State still harvest trees by the river?

On DNR-owned or controlled (managed) lands, NR 302 prohibits “vegetative control” within 150 feet of the river bank on either side of the river, so no cutting would be allowed in this area.  Beyond the 150-foot zone, timber harvest would need to be done in accordance with the Silvicultural and Forestry Aesthetics Handbook, and best management practices to protect water quality.

For county forest land, NR 302 requires that county forest land use plans designate management practices “to assure the preservation, protection, and enhancement of the natural beauty, unique recreational and other inherent values in and along wild rivers”.

17.     Can the public land along the river still be used for hiking, hunting, and trapping?

Yes, the Wild River designation would not changes recreational uses that are already allowed.  It may restrict how DNR recreational access is developed in the future, under the requirements for a 150-foot vegetative buffer and a 400-foot protection zone.

18.     Does the designation restrict placement of piers, bridges, and other structures along the river on public lands?

Yes.  NR 302 prohibits placement of piers, even on private land.  Bridges are prohibited except for special situations where no other access is reasonable to residential dwellings.  Bridges need to be constructed so that they have the least impact possible on the natural condition and beauty of the river (there are more specific details in NR 302).