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HomeMy WebLinkAboutOrdinance 2000 (534) ORDINANCE AMENDING SECTION 17.36, ST. CROIX COUNTY ZONING ORDINANCE Ordinance No. .5 GD, 600) St. Croix County, Wisconsin WHEREAS, on October 25, 1972 Congress passed Public Law 92 -560, which amended the Wild and Scenic River Act by designating as a component of the National Wild and Scenic River System the segment of the St. Croix River between the dam near Taylors Falls and its confluence with the Mississippi River, provided (i) that the upper 27 miles of this river segment shall be administered by the Secretary of the Interior, and (ii) that the lower 25 miles shall be designated by the Secretary upon his approval of an application for such designation made by the Governors of the States of Minnesota and Wisconsin; and WHEREAS, Congress requested in Public Law 92 -560 that a master plan be prepared for the Lower St. Croix Riverway District by members of the Departments of Natural Resources of the States of Minnesota and Wisconsin and the National Parks Service, with assistance from the Minnesota- Wisconsin Boundary Area Commission; and WHEREAS, the Lower St. Croix National Scenic Riverway - Minnesota/Wisconsin - Final Master Plan, dated February, 1976, was created; it charged the National Parks Service with administering the north 27 -mile segment of the riverway and charged the States of Minnesota and Wisconsin with administering the south 25 -mile segment of the riverway; and WHEREAS, the master plan contains the following language: Since the delineation of boundaries and recommended scenic easement acquisition, use, and control is based primarily upon the view from the water surface, a "Total Visibility Zone" has been established. This zone identifies the lands that can be seen from the water surface_ However, due to acreage limitations, State and Federal administration and management is confined to the area within narrower riverway boundaries, also illustrated on the Total Visibility Zone Map. It is strongly recommended that local units of government adopt building height restrictions and controls on the cutting of vegetation in the area from the riverway boundaries to the limits of the Total Visibility Zone; and WHEREAS, the riverway district boundaries were established by the Secretary of the Interior and published in the Code of Federal Regulations; and WHEREAS, sec. 30.27, Wisconsin Statutes, enacted pursuant to federal law, required the Wisconsin Department of Natural Resources to adopt rules and guidelines for land use within the riverway district (NR 118) and the County to adopt regulations for land use within the riverway district in accord with DNR regulations; and WHEREAS, in 1977, the Wisconsin Department of Natural Resources, under authority of sec. 30.27, found that the St. Croix County Zoning Ordinance did not fulfill the requirements for regulating the riverway district under NR 118 and replaced that section of the ordinance with a new ordinance, which the County became obligated to administer (sec. 17.36, St. Croix County Zoning Ordinance); and WHEREAS, NR 118.02 reads: (1) Lower St. Croix River District Boundaries. These rules shall apply within the boundaries of the lower St. Croix 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...; and WHEREAS, sec. 17.36 (2), St. Croix County Zoning Ordinance reads: (a) Jurisdiction. This section shall apply within the boundaries of the lower St. Croix senic (sic) riverway including all unincorporated lands of St. Croix County as established and delineated in the master plan for the lower St. Croix National Scenic Riverway. ...; and WHEREAS, the district boundaries contained in sec. 17.36 exceed the boundaries of the master plan (and, in some instances, exceed the boundaries of the Total Visibility Zone), and also extend into the federally administered portion of the riverway district; and WHEREAS, the boundaries of sec. 1 7.36 must not exceed the master plan boundaries. THEREFORE, be it ordained by the St. Croix County Board of Supervisors that sec. 17.36, St. Croix County Zoning Ordinance, is hereby amended by correcting the Lower St. Croix Riverway district boundaries to be those areas within the 25 -mile State administered portion of the riverway district consistent with the master plan boundaries, published in the Code of Federal Regulations, and attached hereto. Dated this 1-5 day of - , , 2000. Offered by: Planning, Zoning and Parks Committee NEGATIVE AFFI' • TI Zol STATE OF WISCONSIN (! COUNTY OF ST CROIX 1, Sue L Mon, 31. Cr* County Ctetk. DO HEREBY CERTIFY that the foregoin. is a true and cormct copy of lA rA.-A4t.4 e-9-_ .j . (.c o o) adopted by the County Board of Supervisors at their meeting held —4 l.�- • / Sue E. Nelson, St. Croix County Clerk Township 30 north, range 20 west Sec. 22 - Government Lot 1, that portion of Government Lot 2 lying West of a line that 660 feet West of and parallel to the East line of said Lot 2, that portion of Government Lot 3 and the NW 1 /4 SE '/4 lying West and North of the centerline of State Highway 35, that portion of Government Lot 4 lying West of a line that 650 feet West of and parallel to the East line of said Lot 4, all of Government Lot 5 and the NE 1/4 NE '/4 St. Croix County, Wisconsin. Sec. 27 -That portion of Government Lots 2 and 3 lying West of a line that is 660 feet West of the g East line of said Lots 2 and 3-, that portion of - Government Lots 4 and 5 and the SE % SE '/ in West of the centerline of State Highway 35 in St. Croix County; Wisconsin. Sec. 34 That portion of Government Lot 1 lying South and West of the centerline of State Highway 35 in St. Croix County, Wisconsin. Sec. 35 -That portion of Government Lots 1 and 2 lying South therefrom and West of the the North e n t feet of the line East 660 Highway 35, Government Lot 3 less and excepting feet, Government Lot 4 less and exception therefrom the North 660 feet of the East 660 feet in St. Croix County, Wisconsin. Sec. 36 -SW '/4 SW /4 SW 1/4 in St. Croix County, Wisconsin. Township 29 north, range 20 west: Sec. 1 - Government Lot 1, that portion of Government Lot 2 lying West of a line that is 660 feet West of and parallel to the east line of said Lot 2 and all of Government Lots 3 and 4 in St. Croix County, Wisconsin. Sec. 2 - Government Lotl in St. Croix County, Wisconsin. Sec. 11 - Government Lot 1 in St. Croix County, Wisconsin. Sec. 12 - Government Lots 1, 2, and 3 and the WV2 NE /4 SW /4 in St. Croix County, Wisconsin. Sec. 36 - Government Lot 4 in St. Croix County, Wisconsin (pending verification of the City of Hudson's municipal boundary). Township 28 north, range 19 west: Sec. 6 - Government Lot 1, that portion of Government Lots 2 and 3 lying West of a line that is 1320 feet __ to thc ^t ling of said T 2 and 3 and the NW /4 NW /4 in St. Croix West of a„� parallel :. ....:.. . - County, Wisconsin. Sec. 7 - Government Lot 1, SW /4 NW /4 and the NW /4 SW /4 in St. Croix County, Wisconsin. Township 28 north, range 20 west: Sec. 1 - Government Lot 1 in St. Croix County, Wisconsin. Sec. 12 - Government Lots 1 and 2 in St. Croix County, Wisconsin. Sec. 13 -that portion of Government Lot 1 lying West of a line that is 660 feet West of and parallel to the east line of said Lot 1, that portion of Government Lot 2 lying West of a line that is 1320 feet West of and parallel to the east line of said Lot 2 and all of Government Lots 3 and 4 in St. Croix County, Wisconsin. Sec. 23 - Government Lots 1, 2 and 3, E' /z SE /4 in St. Croix County, Wisconsin. Sec. 24 - Government Lots 1 and 2, WA NE /4 and the SE /4 NW /4 in St. Croix County, Wisconsin. Sec. 25 - Government Lot 1 and the NW1/4 SW /4 in St. Croix County, Wisconsin. Sec. 26 - Government Lots 1, 2 and 3 in St. Croix County, Wisconsin. Sec. 35 - Government Lot 5 in St. Croix County, Wisconsin. Sec. 36 -that portion of Government Lot 1 lying West of a line that is 1320 feet West of and parallel to the east line of said Lot 1, Government Lots 2 and 3 and the N1/2 SW /4 SW /4 in St. Croix County, Wisconsin. Together with all bodies of waters, rivers, islands, accretions and relictions within and appurtenant to the St. Croix River from the South line of Section 3, T. 26 N., R. 29 W., upstream to its intersection with the south line of Section 15 T. 30 N., R. 20 W. Lower St. Croix J 1 — . wtII 1 , E-4 3E • N I. a n River Valley Districts ,,r,,im.:-.1 - , - •-• .,,,32.411.11 Nuimiummills i mmirw...--Irrir.r. 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