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7009 3 410 0001 4021 0073 WI Read tod DolNmy Rawrrted CeNtryRastrvied CeNtry
PS Form 3811, July 2015 PSN 7530-02-00U-9053 Domestic Return Receipt
,rrl Use
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S'T-. CJ R O I X 0 c_kN T Y Coro
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,iunity Development Department
December, 201° 2017 File# LUP 2017 066
Kevin 1 Anderson
1811 O'Keefe Rd
Hudson, WI 54016
RE: Land Use Permit-Conditional Approval-Lower St. Croix Riverway Zoning District
Project Location: 256 & 258 Salishan Drive; Town of Troy
Mr. Anderson,
Community Development staff have reviewed your after-the-tact Land Use Permit application to remediate
the violation of tree removal within the Riverway Zoning District. The request has been conditionally approved
based upon the following findings. Please read the conditions carefully, as they must be followed for the permit
to be valid.
1. The property is within the Lower St. Croix Riverway and the tree cutting took place along the slope
preservation zone, which is a violation to Ch. 17.36 H.8.e.1).
2. As per owner, Approximately 12 trees were cut and removed from the site, therefor, the DBH of the trees
could not be accurately determined. Estimation of the DBH, from the base of the remaining trunks found,
iti roughly 12 inches. Based on the Tree Replacement Schedule Ch. 17.36 H.8.f at minimum, 36 native trees
of 2" diameter are required.
3. As per site plan and the St. Croix Valley Property Maintenance, LLC. project estimate, at minimum 36 native
trees of 2" to 3" diameter are to be planted within 5 feet of the removed trees.
4. As the application states, the new trees are to be planted in May of 2018.
Based on these findings, approval of the Land Use Permit is subject to the following conditions:
1. An Installation Inspection is required to verify the new trees are planted as stated within the Land Use
Permit application and in accordance with Section 17.36 H. a. "Vegetation in the Riverway District shall
be managed with the goals of:
1) Maintaining the essential character, quality, and density of existing growth.
2) Screening structures to make them visually inconspicuous.
3) Preventing disturbance of environmentally sensitive areas such as but not limited
to steep slopes, shorelines, and blufftop areas.
4) Maintaining and restoring historically and ecologically significant plant
communities and enhancing diversity.
5) Maintaining and restoring native ground cover, understory, and overstory
vegetation."
• Contact Nicole Hays, Land Use Technician, at least 24-hours prior to the replacement to schedule an
inspection at (715) 386 4742.
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 rox 715.386.4686
o „u11[ ) i,. ,
• Joan .
'.-unirr9 & Land fn/brnr~n '
S"L C ROIX CO TY
2. If the installation inspection reveals more than 12 trees to have been removed, then SL Croix County
reserves the right to require additional plantings to meet the Tree Replacement Schedule. St. Croix
County reserves the right to require additional native trees to be planted if the approved plantings do
not meet Section 17.36 H.a. as defined above. In addition, if the planted trees do not survive, the trees
will need to be replanted.
3. A Post-Installation inspection is required and to be conducted the following spring of 2019 to confirm
the plantings survival and Section 17.36 H. a of the Lower St. Croix Riverway Ordinance has been met.
To ensure tree survival, I attached an NRCS document, which explains methods of reducing deer
browse damage.
4. It is the applicant's responsibility to secure any other required local, state or federal permit(s) and
approval(s) prior to land disturbance activity.
5. Failure to comply with the terms or conditions above may result in the revocation of this permit by the
Zoning Administrator according to Section 17.36 J. 8.b,
This approval is subject to the conditions listed above; it does not allow for any additional tree removal,
construction, structures, or disturbance beyond the limits of this request. Your information will remain on file
at the St. Croix County Community Development Department suite. It is your responsibility to ensure
compliance with any other local, state, or federal permitting or regulations, including contacting the Town of
Troy and the Department of Natural Resources to inquire if additional permissions are required.
This permit is valid for one year, with the possibility of up to two (2) six-month extensions if the applicant
submits the appropriate permit extension fee and documentation to the Zoning Administrator. The placard
must be posted on the job-site and visible from public view.
Please feel free to contact me with any questions or concerns; I am typically available Monday-Friday from 8:00
a.m. - 5:00 p.m.
Respectfully,
n
Nicole Hays
Land Use Technician II
cc: Kevin 1 Anderson, 1811 O'Keefe Rd
file
eC Property Owner
i.r4.,'tuwn tI~~+Iwnv.i y : iii, Town of Hudson
Attachment: NRCS-Reducing Deer Browse Damage
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
r% r Reducing Deer Browse Damage L"
Nr~L)
Dmember 2007
A Summary of "fechniqucs to Reduce Deer Browse Damage on Newly Planted Trees and Shrubs
Excessive deer browsing on newly planted trees and daubs reduces the benefits of conservation
practices. Gaps in windbreaks, erosion in riparian areas and reduction of plant and wildlife
diversity are a few of the impacts of deer predation. For the affected trees, deer predation creates
double or multiple leaders, increases susceptibility to frost damage, weakens branching. creates
poor form, provides a path for disease or insect infestation, suppresses seedling height and increases
mortality. Row planting of woody species in windbreaks, living snow fences, riparian forest
buffers, bottomland forests and wildlife habitats lays out a cornucopia for deer that they cannot
resist.
The problems associated with deer predation are not new. Studies of deer-deterrents, even electric
fencing, were published as far back as 1939. In the past 10 to 15 Ycars a number of products,
techniques and methods have been developed and marketed that claim to deter deer from munching
on newly planted trees and shrubs. Products include physical barriers such as bud caps, fencing or
individual protectors and chemical deterrents using malodorous formulations or bitter tasting
compounds. This document surunarizes different techniques to discourage deer predation and
offers guidance on developing a deer browse control plan. Realistically, deer predation will not be
completely eliminated by any method: a 50 percent reduction is an achievable goal and will usually
result in satisfying program cover requirements.
By analyzing deer behavior and reaction to barriers more effective deterrent methods can be
developed. Listed below- are some behaviors deer exhibit that may be useful in developing a
deterrent plan.
Leams to tolerate:
bad taste or smell,
colored strobe lights,
sirens and loud noises;
Jumps high (up to 12 feet with sufficient motivation) or far (up to 30 feet with sufficient
motivation), but not both at same time;
Crawls through openings as small as 7.5 inches:
More likely to jump fences in woodlands than in open areas;
Learns to remove bud caps and netting protecting terminal buds:
Follows customary paths to known food sources:
Tests for weaknesses in any and all barriers, repeatcdl ;
Nibbles young stems emerging from tube protectors and chemical repellents.
The more stressed the deer, the more vulnerable the plant. Extreme cold and deep snow restricts the
movement of deer thereby intensifying the pressure on seedlings and saplings in a locale. If food
supplies are decreased due to drought, flood, over-population, competition from other browsers or
another reason, a sturdier barrier is required. 'No solution is 100 percent effective: a 50 percent
reduction of deer browse is considered very successful; 30 percent is more likely.
The level of protection and the associated expense depends on the value of the plants to be
protected. A greater level of protection is needed around crops, orchards and tree plantations such
1! Authored by Ginger Kopp, MRCS State Staff Forester, St. Paul, MN.. 55101. Dec. 2007
- - 1
as for Christmas trees than for riparian areas and ~vmdbrcaks. Still, a failed planting due to deer
predation degrades the conservation practice, costs the landowner and wastes public financing.
METHODS Oh' DETERRENTS
Replanting - if you have the resources, time and patience; may or may not work
Exclosuros - fencing, netting, protectors and other physical barriers; variable effectiveness
Avoidance shock, smell, noise, visual cues (flagging). may work for a short time
Undesirability fear repellents, irritants, flavor avoidance conditioning; must reapply often
Availability accessible and desirable alternative forage; very effective with other methods
Elimination - fatal solution, carcass disposal, laws; very effective - few permits granted.
REPLANTING
When deer predation creates a practice failure, replanting may be required. However, replanting
alone 6vithout any other form of'dctcrrent is a path to future failures. Consider substituting a less
desirable species (see Appendix .A) when replanting the conservation practice and couple this with
an easily accessible food plot or hedgerow with desirable plants to draw deer away from the
conservation area. Another strategy is to hide the conservation plants among undesirable species
creating a visual and physical barrier. The 'cover' trees can be designed to lead deer to a more
acceptable feeding site.
Use NRCS Conservation practice Standard Tree/Shrub Establishment, Code 612, for replanting
trees and shrubs damaged or consumed by deer. Complementary practices for controlling deer
incursion into the new stand include Hedgerow Planting, Code 422 for wildlife fiwd, cover and
corridors; Fence, Code 382 for excluding deer, and if an alternative food plot is used Upland
Wildlife I labitat Management. Code 64S. Replanting, kv itself, tinder most circumstances will not
result in successful establishment. Using exclusively undesirable plants (see Table 1) may be
successful only if the site conditions are suitable for the species and the deer are not starving.
EXCLOSURES
Exclosures are physical barriers that keep deer out and away from conservation plantings. The
exclosures may fence out an area, or protect an individual plant or even just cover the terminal
leader of a plant. In general exclosures are non-lethal, labor intensive, costly, maintenance
demanding plant protection devices. There are advantages and disadvantages for each type of
exclosurc. Fences, whether permanent or temporary, are the most effective exclosure method but
need regular maintenance and are the most expensive choice. Tree shelters protect newly planted
seedlings yet may be considered unsightly and arc often poorly installed. Bud caps or terminal nets
are inexpensive yet can be lost under varying conditions. Judge whether it is best to protect
individual plants or vulnerable plant parts or exclude the whole area when deciding on a deer
deterrent.
Bud Caps'Netting
Bud caps work on the theory of "out of sight, out of mind". If the deer does not see the terminal
bud, then it will not eat it - hopefully. This method can be effective where deer browsing is light
yet persislenT, but if not applied securely, deer learn to pull the caps off. Bud caps do not work well
on hardwoods because at the time they are needed, flower or leaf buds are sprouting and cannot be
covered; also hardwoods have multiple flushes during the growing season and there is no way to
secure bud caps on elongating shoots. Apply bud caps in the fall, before snow covers the ground.
Thcy should be reapplied every year until the tree is at least 4 feet tall, and the terminal bud is out of
easy reach of the deer.
2
1 he bud cap itself is a simple device consisting of a piece of paper wrapped around the leader.
covering the terminal buds. Covering about '%i to 'h of the plants is usually as effective as covering
every single plant. Put more around edge rows than middle rows to keep deer from entering the
planting. Use lightweight paper such as computer or typing paper cut into 4" x 6" pieces (quarters)
so the caps are light enough that they do not cause the leader to bend over due to the weight of the
bud cap. Other bud capping materials include: office paper, computer paper, old forms printed on
card stock, index cards, envelopes, waterproof paper, tin foil. and plastic mesh or netting among
other materials. The bud cap should be stapled in at least 3 places forming, a tube. The staples
should catch some needles to hold it in place.
Trees should be at least 1'h feet tall or have a sturdy leader if shorter, before bud caps are applied.
A strong leader is important or the weight of the cap, particularly when wct. may cause the leader to
droop thereby deforming the tree. Terminal buds should be about '/12 inch below the top of the bud
cap. Ideally this protects the terminal bud while still allowing the tree to grow through the paper
during the next growing season. Browsing of side branches and buds is not as detrimental to the
health and survival of pines unless the trees are to be used as Christmas trees or landscape trees.
I lowever, bud capping is probably not the best choice for these types of trees anyway.
t ether than deer learning to pull them off and limited to conifer plantings; disadvantages include
premature deterioration of the paper type bud caps from excessive moisture, bending or
disl inurement of the terminal leader, regular or annual reapplication, aesthetics and incompatibility
with some land uses.
Plan the use ol'bud caps when implementing the MRCS Conservation Practice Free!Shrub
Establishment, Code 612. Be aware that new seedlings may have temlinal leaders not strong
enough to support a bud cap; especially when the cap becomes wet. Consult with the local DNR
office and the landowner to find out the level of deer browse and when it occurs before applying
bud caps to determine that the use will likely be effective.
free!Shrub Protective Devices
Individual protective devices also known as shelters, tubes. protectors and cylinders, are conunonly
used in Minnesota, This type of protective device was developed in Britain and made public in
1979. Shelters are made of plastic materials designed to deteriorate after about five years. Shelters
were originally developed to protect hardwoods from deer browse damage but other advantages
were also discovered such as:
Tree shelters allow plantings in irregular patterns or patterns better reflecting the landscape
and aesthetics of the site;
Tree shelters provide a microclimate similar to that of a greenhouse with increased
concentrations of ('O~, higher temperatures and elevated humidity levels that encourage
plant height growth;
Tree shelters encourage single steins in trees and shrubs that tend to have multiple stems or
sprouts.
Although temperatures in the shelter during summer months were higher than the ambient
temperatures, rarely were plants killed by the heat. In fact larger trees with more leaves had lower
mortality rates than smaller trees likely due to greater transpiration rates of the larger plants that
provided enough of a cooling effect. Increased CO? levels stimulate stem elongation while extra
humidity reduces moisture stress.
Fxcessive stern elongation, physiologically known as etiolation, is linked to lower light levels in
opaque shelters which can be up to 77 percent less than ambient light levels. Lower light levels
3
cause etiolation because the plant is drawn towards the brighter light source at the top of the shelter.
Hiolation occurs at the expense of diameter growth and taper (narrowing of stems towards the top
of the plant).
Lack of wind action on woody plants grown in shelters causes them to form weak stems without a
taper. This makes them susceptible to lodging and breakage on windy days if the shelters are
removed too early. Keeping the shelters in place two to three years after crown emergence, even if
the terminals are out of reach to deer, is recommended to give time fir the sterns to become
windfirm. Once the shelters are removed. height growth slows down in favor ot'diameter growth
and a natural taper is formed. The shelters need to be removed before the stem diameter reaches
that of the shelter. Studies show that after six to twelve years depending on the species and site
conditions, sheltered trees and unsheltered trees have the same average height and diameter.
There are disadvantages with using individual shelters.
Trees in shelters often do not harden off in time to avoid die-back of new growth from
extreme cold weather. To avoid this situation it is recommended that the shelters are 'Iified-
up' a few inches in the fall to facilitate hardening-off, then re-positioned before snow and
extreme cold sets in. In a large area this would be prohibitively labor intensive. Armother
alterative is to use shelters with vent holes.
"Goose-necks" or crooks in sterns are malformations that arc a result of stems rubbing up
against the edge of the shelter. These deformations may make the tree more susceptible to
wind or ice damage. Some shelters have smoothed or rolled edges to avoid this type of
damage.
Shelters do not overcome inherently poor site conditions such as a low site index for the
species. Do not depend on the 'greenhouse effect' to substitute for poor soil or site
conditions.
Weed control is essential for the success of tree shelters; however, one problem brought up
in the literature is that the use of fabric mats with tree shelters acts as a magnet for deer. The
theory is that the mats make the plants more visible to them.
Other considerations
Installing shelters on individual trees and shrubs is labor intensive and time consuming. For
very large areas a fence will probably be more effective and economical.
Adequate maintenance is required to straighten leaning trees, secure stakes heaved by frost
action and replace broken stakes. Most metal stakes oxidize and become weak making them
a poor substitute for wood stakes. Rotting and breakage of wood stakes can be minimized
by applying a wood preservative before using. Using treated stakes is another alternative.
In general rigid (solid). plastic tree shelters are fir hardwoods not conifers.
I f conifers need protection beyond bud caps, netting or mesh type tree shelters are
recommended.
I f 'mesh, wire or netting shelters are used, check regularly that branches are not growing
through the openings to ensure easier removal and less damage. Mesh openings no larger
than 3'8 inch are recommended.
Wire cylinders are more expensive, but can be re-used unlike the polypropylene or plastic
which may or may not breakdown as advertised.
Improperly installed shelters can become a nesting and feeding ground for rodents. Shelters
must at least touch the ground and it is best to slightly sink them into the ground when
securing them. Adequate weed control will discourage rodents ITonm feeding around the
stems.
4
•
frees and shrubs will be girdled and killed if the shelter does not deteriorate or is not
removed by the time the stem diameter expands to the shelter diameter.
Shelters can harbor bark-damaging insects if left on too long. weakening or killing the tree
or shrub.
free shelters arc planned under the MRCS Conservation Practice Standard TreciShrub
Establishment, Code 612 and \\%indbreaklShellcrbclt Establishment. Code 380. Consult with the
local DNR office and the landowner to find out if the severity of deer browse suggests that tree
shelters are necessary.
Fences
Fcnccs can exclude animals or direct them to another area, or to another control technique. If
ef'fcctive deer predation is essential for highly valuable plantings, or in sensitive areas, then an
adequate fence is the only practical and economical solution. Fences can be permanent or
temporary, many different materials are available and good designs have been developed.
I lowever, fences can be expensive because of labor, materials and maintenance costs. They also
limit equipment access to the protected areas. I f improperly constructed, a fence could trap an
ad\ enturous deer resulting not only harm to the protected plants, but also to the fence and to the
deer. Research shows that fences could interrupt natural animal migrations patterns of deer and
non-target migrating species.
Jumping to a vertical height of at least eight feet, deer can scale over barriers you may think are
impossible. Watching a deer confronted with a vertical, eight-foot tall, high-tensile wire fence then
watching it leap over from a standing position makes a startling impression. A frightened deer may
hurdle a fence as high as 12 feet if given a running start and enough adrenalin. Horizontally, a deer
may leap 15 to 30 feet, the longer distance only when frightened. In general, a deer may jump high
or long, but not both at the same time. Deer have also been known to crawl under fences and
through openings as small as 7.5 inches. The will of a deer to penetrate a fence is dependent on the
force of the motivation behind it.
An excellent treatise on fencing to control deer predation is "Fences and Deer-Damage
Management: A Review of Designs and Efficacy' by Kurt C. VerCauteren, et al. You can find a
copy of this document in Section I of the CFOTG. Much of the material in this section is
summarized from this reference.
Fence Types
Wire Mesh
Wire mesh type fences include: woven wire, chain link. welded wire, 'v' mesh and rigid-mesh
panels. This type offence is most suitable for permanent or long-term protection and is also the
most expensive option. Woven wire is more expensive than welded wire, but it is more durable.
lasting up to 30 years with minimal maintenance, and can follow contours of the land. For deer
fencing, 12.5 gauge of high-tensile steel is recommended, using tension curves on horizontal wires.
The elasticity of this type of material minimizes harm to a deer that collides with the fence and
facilitates instillation on uneven terrain. To prohibit deer from crawling under the fence a single-
strand of high-tensile wire or barbed wire can be placed between the fence wire and the ground to
narrow gaps greater or equal then 7.5 inches.
Slanted Wire-Mesh Fence
The 3-dimentional effect of slanted fences confuses the depth of field of deer that discourages any
attempt to jump over the fence. Electrifying the slanted fence provides even better deterrent
capabilities. A typical design is a five-foot tall, seven-strand, high-tensile wire fence at a 45dcgrec
5
angle to the ground. fhis type offence takes up more space than it vertical fence and maintaining
vegetation around it is more difficult. Be aware that using barbed wire rather than smooth wire may
cause animals to Let entangled while attempting to penetrate a barbed wire lence. Spacing between
the strands should he less than 7.5 inches.
Electric Fences
These are expensive systems designed to protect high-quality crops, livestock feed, orchards,
nurseries and other highly valued woody plants. A common set up is a minimum charge of 6.000
volts on a low-impedance energizer with a six foot tall high-tensile wire fence using 7 to 8 wires
with alternative positive and negative current.
Polvtape and Polyrope
These alternate materials are durable, easy to work with and cost comparable with traditional wire
electric fences. Being highly visible they minimize collisions and there are fewer incidences of
vegetation shorting out the fence when used with low-impedance energizers and running positive
and negative charges on alternating strands. A single-strand electric fence of polytape or polyrope
may be effective if deer pressure is light or if only temporary deterrents are required such as for
migrating herds.
Fencing coated with chemicals
Using an attractant. such as peanut butter, with an electrified fence causes aversion by encouraging
the deer to touch the electrified fence, thereby experiencing the shock and henceforth avoiding the
area. Peanut butter or another attractant is spread on half of a piece of tin foil and the tin foil is
folded over the electrified wire and stuck to itself by the peanut butter. Deer are shocked as they try
to taste the peanut butler. Malodorous chemical repellents have also been used with electric fences.
In both cases these methods deter feeding under moderate deer pressure.
Gales
I'lie only effective gates are closed gates, obvious yes, yet not always practiced. Gates must be as
tall as the fence yet easy to use. In designing gates, consider the means of removing animals that
have breached the fence. One-way gates are available for this purpose.
Rcler to the. NRCS Conservation Practice Standards Fence, Code 382, Hedgerow Planting, Code
4?2 or Use Exclusion, Code 472 for more information about installing fences or other structures for
excluding deer. Deer pressure must be severe and the value of trees or shrubs high to justify the
expense of fencing.
AN'OIDANCE / CNDESIKABILITY
Avoidance techniques use scare tactics to deter deer from browsing plants. Deer learn from
negative feedback when trying to browse protected plants. Avoidance includes bad tasting
chemicals. noise, lights, shock or pain. Noise and lights may work for very short periods of time
but are not effective for a persistent problem since deer become used to the noise and lights. Note:
in the following discussion mention of specific products does not mean endorsement of the product
bm USDA.
Chemical repellents
Chemical repellents are short-term solutions used in the following situations:
where deer predation occurs over a limited time period such as during late winter;
when deer browse can be predicted such as along migration routes, or
where regular applications are needed and practical until threat of damage has passed.
6
Chemical repellent effect:veties s depends on: palatahility of protected plant. population density and
number of animals, n%>bihty of the problem animals, availability and palatability of alternate forage,
weather, and amount and concentration of repellent. Chemical repellents work best when palatable
alternate forage is available or is made available nearby. Repellents are effective only on vegetation
(foliage) they cover: new growth emerging after application is not protected.
Repellents work by decreasing a plant's desirability where the efficacy depends on the intrinsic
palatability of the crop plant compared to the desirability or availability to any alternative forage
plants. If a plant is particularly desirable to deer, it may be consumed regardless of the repellent.
Repellents have different modes of action which include: fear, pain, taste and conditioned aversion.
Fear induced aversions are usually sulfurous odors such as predator urines that provoke an aversion
response (Wolf Lets get out of here'). Conditioned aversion causes animals to form an association
between the treated plant and illness like a stomach ache, causing the deer to avoid the plant in the
future. Pain causing chemicals such as capsaicin (pepper), ammonia or other compounds irritates
the eyes, mouth, nose and gut. Bitter tasting compounds containing denatonium benzoate are
another mode of chemical repellent that sometimes works.
Repellents are most effective when:
the damage is inflicted over a specific and relatively short duration such as on a reforestation
site where damage occurs as deer migrate between winter and summer ranges;
they are applied in areas with readily available alternate forage, `hungry animals are more
difficult to deter than satiated animals.
Products directly applied to the plant (topical application) are more effective than pellets or scent
packets, capsules or broadcast spraying. In a head-to-head study of 20 deer chemical repellents,
published in 2001 by the Wildlife Society, Deer Away Big Game Repellent (powder form) and
Plantskydd consistently reduced deer predations significantly more than any other chemical
repellent tested. Both of these repellents rely on fear as a deterrent rather than taste (bitterness). It
i, important to follow package instructions and repeat applications throughout the year as necessary.
In tests, these chemicals were effective for two-three months before reapplication was needed.
There are many other chemical products on the open market and many homeowners have developed
their own concoctions touted as being effective as or more so than the cotmnercial products. Only
Plantskydd and Deer Away Big Game Repellent (powder form) have documented independent
scientific tests showing consistent and effective decreases in deer browse damage and are the only
two chemical repellent products eligible for F.QIP funding under the Practice Standard Invasive
Plant Species Pest Management, Code 797 in the EQIP payment schedule. Any products providing
independent reproducible scientific proof of consistent and effective decrease in deer browse
damage can be considered for cost-share through the normal approval process with MRCS.
Program participants can apply any repellent deemed effective if a deer browse problem exists.
however, only the above two products are eligible for EQIP cost-share at this time.
Weather plays a part in protecting plants. Repellents are dissolved or diluted by rain or covered
with snow reducing the effectiveness of the repellents to the point where they become useless.
Reapplication may be necessary. The protected area needs to be regularly checked to insure that the
repellent is present and in sufficient amount to remain effective. The concentration of the product
needs to be sufficient to deter deer and should be the minimal effective amount. If a lower
concentration seems to be ineffective then stronger concentration may work: however by this time
the deer may already be habituated to the bad taste or smell.
7
Chemical repellents are often found to be more cIicctive on small areas and Icss effective on larger
areas. Deer must spend more time and energy moving to untreated forage as protected areas
increase. In larger areas it is harder to maintain a consistent concentration of the product. Also. the
larger the area, the further deer must travel to desirable plants and they may decide that the closer
plants, however bad tasting or smelling. are much more convenient.
In published studies no repellent completely stopped predation (browsing) by deer or other
ungulates. The goal is to reduce predation so that the tree and shrub establishment practice meets
the minimum standard required for the program. The use of chemical deterrents can be included
when planning and designing the NRCS Conservation Practice Standard "free!Shrub Establishment,
Code 612. Application of chemical repellents may be cost-shared in EQIP tinder the practice
standard Pest Management, Code 595, in the payment schedule. Timing is important when using
chemical repellents and they must be reapplied after a heavy rain or snowfall and until deer pressure
is reduced.
AVAILABILITY
The importance of available, palatable forage cannot be overstated. Hungry deer and other
ungulates such as elk will feed on treated plants if hunger overcomes their fear response. Studies
show that chemical repellents are more effective on less palatable plants than on highly palatable
plants, an obvious conclusion verified by studies. but little used in tree and shrub planting designs.
Interspersing higher palatable plants in between less desirable plants will help hide the desirable
ones and create a physical barrier in getting to them. Establishing a strategically-placed wildlife
food plot can work to move deer away from the conservation practice if room exists for the food
plot.
Use NRCS Conservation Practice Standards Upland Wildlife Habitat Management. Code 645, to
design food plots as alternate feeding areas for troublesome deer or Hedgerow Planting, Code 422
to provide food. cover and corridors. These are supplemental practices that are most effective when
combined with other deer management control methods.
ELIMINATION
Eliminating deer that have learned to penetrate barriers is very effective. Deer teach others in the
herd where to find food and the only solution may he to remove the lead deer so the learned
behavior cannot be passed on. Managing the deer herd population is controversial yet effective.
I lowever, a landowner may see an annoying and costly pest while the neighbor sees only 'Bambi'.
Decreasing herd numbers through hunting antlerless deer will reduce deer populations and browse
damage. Landowners can decide if they want to rent out their land for hunting or hire a specialist to
remove antlerless deer or lead deer.
Minnesota DNR does not consider deer a nuisance animal that can be taken under the nuisance law.
In fact MNDNR considers deer a protected game species. The Wildlife Damage Program was
created to help resolve problems when wildlife ruins specialty crops. Specialty crops include fruits,
vegetables, turf, honey sources, stored forage, row crops when damaged by geese, and disease
management within 5 miles of a tuberculosis infected livestock herd. IJnder these conditions the
DNR may be able to provide materials and expertise to reduce or eliminate the damage caused by
wildlife.
Special permits fir out-of season hunts are considered as a last resort by DNR. Landowners need to
work with their area wildlife manager to get a permit and will need to prove that the damage is
severe and all other measures to minimize damage have been unsuccessful. These measures include
Icgal in-season hunts. Ior row crops, Ibrage or conifer plantations very few permits are issued.
8
When a permit is issued the hunt is restricted to antlerless deer. the deer must be field dressed and
the landowner cannot keep any of the deer taken. "fhcre are more rules, contact the local area DNR
wildlife manager for more information. There are no NRCS Conservation Practice Standards or
cost-share provisions for deer elimination.
DEER BROWSE MANAGEMENT PLAN
Effective management of'problematic deer takes a multifaceted approach. Just like controlling
weeds takes an integrated pest management approach that considers all the pest's behaviors,
habitats and envirotunental factors, the same can be done for deer (arid other animal pests of plants).
Table 2 is a synopsis of the methods discussed in this technical note that can be used to help design
a deer browse management plan.
Deer browse management plans should consider the following:
1. Assessment - describe the problem and quantify or quality the damage including costs,
determine what is causing the damage (visual sightings, tracks, feces, trails, burrow systems.
bite characteristics, scars on stems or trunks and migratory patterns). pattern of damage,
population size and density. travel routes, seasonal food preferences, generally more damage
occurs with winter feeding than summer feeding due to availability of preferred forage. Site
characteristics: size of the site to be protected - proximity to alternative available food, open
land is less desirable to deer than cover, can other wildlife predators he controlled as well
(rabbits. beaver, woodchucks, etc)
2. Techniques - depends on landowner objectives, goal of project, density. population and type
of animal causing the damage, and severity of darnage. Determine the consequences of each
technique fitr ecological, economic and social issues. F.1Tectivcness will depend on
knowledge and behavior of problem species, ecological consequences of the selected
methods, interaction between the environment and the chosen techniques. Assess risk to
non-target species. keep costs in mind, are the costs reasonable to the expected reduction in
damage?
3. Strategy - plan how the chosen technique(s) will be implemented. One technique can be
employed to stop the damage while another to prevent future damage. T.ist equipment and
materials needed and amounts. Acquire permits and salety equipment.
4. Implement apply the techniques to the treatment area. Document the work done, any
changes needed once on-site and firture management plans.
5. Results - monitor results to Judge effectiveness. Changes in usual conditions such as
variations in site conditions. population levels. weather, feeding conditions and other factors
may affect expected results. ]insure that off-site effects are not damaging nearby ecological
communities or threatened and endangered species.
9
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KLFERLNCES
Deer Browse Damage and Management
Fisher, Kimberly A. and Samuel Klocksien. White-tailed deer (Oclocoileus virginianus) and the
restoration of eastern white pine (Pinus .slrobus). Restoration and Reclamation Review Student
on-Line Journal. I:niv. N4N, St. Paul, MN. 13p.
Kimball, Bruce ,A., Dale L. Nolte and Kelly B. Perry. 2005. hydrolyzed casein reduces browsing
of trees and shrubs by white-tailed deer. HortSci. Vol. 40(6). 1810-1814.
Reindl, Nick. Personal communication. MNDNR Depredation Specialist, Brainerd, MN.
Russell, F. Leland, David B. 7.ippin and Norma L. Fowler. 200 L Effects of white-tailed deer
(Odocoileus virginianu.s) on plants, plant populations and communities: A Review. Am. Midl.
Nat. 146 No. 1. 1-26.
Fencin
MN Landscape .Arboretum, Univ. MN and DNR Wildlife Damage Management Program.
Guidelines for Excluding Deer and Other \Vildlife From Your Garden. Brochure.
O'Dell, Charlie. 1997. Low-Cost Slant Fence Excludes Deer from Plantings. Dept. of l lort. VA
Tech. Blacksburg, V.A. Commercial Horticulture Newsletter, Sept.-Oct.
VerCauteren, Kurt C., Michael J. Lavelle and Scott Hygnstrom. 2006. Fences and deer-damage
management: A review of designs and efficacy. Wildlife Society Bulletin. 34(l). 191-200.
Discussing Multiple Methods
Craven, Scott and Scott Hygnstrom. 1997. 03083 Controlling Deer Damage in \Visconsin. U Wl
Cooperative Extension.
Edge, Greg. 2005. A Few Ideas for Managing Deer Browse on Tree Plantings. \VIDNR
Division of Forestry. 5p.
I lodge, Simon and Harry Pepper. 1998. The Prevention of Manunal Damage to Trees in
Woodland. Forestry Practice, Practice Note. July, 1998.
Marquis, David A. 1977. Devices To Protect Seedlings From Deer Browsing. FS Research Note
NE-243. 11SD.A FS. Northeastern Forest Experiment Sta. 7p.
Marsh, Rex E., Arm E. Koehler and Terrell P. Salmon. 1990. Exclusionary methods and
materials to protect plants from pest mammals A Review. Vertebrate pest conference
proceedings collection. Proceedings of the fourteenth vertebrate pest conference. Cniversity of
Nebraska Lincoln.
Pierce, Robert A. 11. and Fmie P. Wiggers. Controlling Deer Damage In Missouri. MS School of
Natural Resources. 25p
Stange, Erik F. and Kathleen L. Shea. 1998. Effects of deer browsing, fabric mats, and tree
shelters on Ouercus ruhra seedlings. Restoration Ecology Vol. 6 No. 1. 29-34.
13
Repellents
EI Hani, Abderrahim and Michael R. Conover. 1995. Comparative Analysis of Decr Repellents.
USDA National Wildlife Research Center Symposia. National Wildlitc Research Center
Repellents Conference. University of NE-Lincoln. 1 Op.
Kimball, Bruce A., and Dale L. Nolte. 2006. Development of a new deer repellent lour the
protection of forest resources. West. J. Appl. For. 21(2). 108-111.
MacGo-wan. Brian J.. 1,arry Severeid and Fred Skemp, Jr. 2004. Control of Deer Damage with
Chemical Repellents in Regenerating Hardwood Stands. In: Black walnut in a new century,
proceedings of the 6°i Walnut Council research symposium. July 25-28. Lafayette, IN. Gen.
Tech. Rep. NC-243. St. Paul, MN. USDA. Forest Service, North Central Research Sta. 188 p.
Nolte, Dale. 1998. F11icacy of selected repellents to deter deer browsing on conifer seedlings.
International Biodcterioration & Biodegradation 42. 101-107.
Wagner. Kimberly K. and Dale L. Nolte. 200I.Conrparison of active ingredients acrd delivery
systems in deer repellents. Wildlife Society Bulletin 29(1). 322-330.
Tree Shelters
Balandier, P. 1997. A method to evaluate needs and efficiency of formative pruning of fast-
growing broad-leaved trees and results of an annual pruning. Can. J. For. Res. 27. 809-816.
Dubois. Mark R., Arthur H. Chappelka, Efrem Robbins, Greg Somers and Karl Baker. 2000.
Tree shelters and weed control: Effects on protection, survival and growth of cherrybark oak
seedlings planted on a cutover site. New Forests 20. 105-119.
Evans. Julian. Use and abuse of treeshelters. FTN0304. 2p.
Gillespie, Andrew R., Ronald Rathfon and Richard K. Myers. 1996. Rehabilitating a young
northern red oak planting with tree shelters. North. J. Appl. For. 13(1). 24-29.
Hunt, R. S. 2002. Can solid deer protectors prevent blister rust from attacking white pines'.' ('an.
J. Plant Pathol. 24. 74-76.
Kelty, Matthew, J. and David B. Kittredge. 1986. Potential applications of British tree shelters to
hardwood regeneration in the northeastern United Slates. No. J Applied For. 3. 173-174.
Lantagne, Douglas O. and Raymond Miller. 1997. Tree shelters fail to enhance height growth of
northern red oak in the Upper Peninsula of Michigan. Proceedings, 11"' central hardwood
conlerence. Columbia, MO. March 23-26, 1997. USDA FS North Central For. Exp. Sta. St.
Paul, MN GTR-NC-188.
Olict, Juan A. and Douglass F. Jacobs. 2007. Microclintatic conditions and plant morpho-
physiological development within a tree shelter environment during establishment of 4uercus
ilex seedlings. Agricultural and Forest Meteorology 144. 58-72.
Ponder, Felix. Jr. 2003. Ten-year results of tree shelters on survival and growth of planted
hardwoods. North. J..Appl. For. 20(3). 104-108.
Potter. Mark J. 1988. 7'reeshelters improve survival and increase early growth rates. Journal of
Forestry. August 1988.
14
Sharew. Hailu and Anne Ilait'ston-Strang. 2005. A comparison of seedling growth and light
transmission among tree shelters. No. J Applied For. 22(2). 102-110.
Smith, H. Clay. 1992. Development of'Red Oak Seedlings Usim-, Plastic Shelters on Hardwood
Sites in West Virginia. FS Research Paper. NE-672. USDA FS Northeastern Forest Experiment
Sta. I 1 p.
Stoeckeler, J.H. and H. F. Scholz. .A cylindrical screen for protecting direct seedlings of forest
tree species. J. of Forestry. 181-184.
Stuhlinger, 11. Christoph, Jeffrey A. Earl. Rebecca A. Montgomery and Buren B. DeFee If. 2006.
A comparison of tree shelters and their effects on seedling survival and growth of two
bottomland hardwood species: First-year results. Poster Summary. Proceedings of the 13
biennial southern sil icultural research conference. Gen. Tech. Rep. SRS-92.
Swistock, Bryan R., Kelly A. Mccum and Vdilliam E. Sharpe. 1999. Summer temperatures inside
ventilated and unventilated brown plastic treeshelters in Pennsylvania. No. J. Applied For. 16(l).
7-10.
USDA FS. 1996. Proceedings of the Tree Shelter Conference. June 20-22, 1995. 1larrisburg PA.
John C. Brissette ed. USDA FS Northeastem For, Exp. Sta. Gen. Tech. Rep. NE-221.
Walters, Russell, S. 1993. Protecting Red Oak Scedlirws with 'Free Shelters In Northwestern
Petutsylvania. FS Research Paper NE-679. USDA FS Northeastern For. Exp. Sta. 9p.
West, David H., Arthur H. Chappelka, Kenneth M. Milt, llarry G. Ponder, and J. David Williams.
1999. Effect of tree shelters on survival, growth. and wood quality of 11 tree species commonly
planted in the southern United States. J. of Arboriculture 25(2). 69-75.
I
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• Land Use
ST. C RO-IR.C~; UNTY I'Ianninq& Lund Information
Resource Alanayemern
Community Development Department
October I 1". '018
Kevin J Anderson
1811 O'Keefe Rd
Iludson. WI 5,1016
RI_. Violation Abatement, Section 17.36 H 8. Vegetation Management
Physical Properly Address: 256 & 298 Salishan Drive
parcel \tunber:040-1227-20-000& 040-1227-311-000
Kevin .Anderson.
Connnunity Development Staff have conducted an onsite to verify vegetation plantings of 36 bees of 2-inch
diameter. Duc to the heavy growth, only 25 trees could be identified as planted.
In addition, at Icast 6 of those planted trees have severe deer browse damage. A packet of how to prey°ent deer
browse damage was included in vour I and t sc permit Approval letter. I would strongly suggest incorporating
some of Ihesc presentative measures to the planted Irccs.
;1s per C'ondifion 2. of LUP-2017-066, "if the planted trees do uol survive, the trees will need to be replanted:"
Lastly, as per condition .3. of Ll IV-20] 7-066, "a post-installation inspection is required and to be conducted the
f2dhowing spring. of 2019. to confirm the planfin;,s survival.'.
At this time the violation is abated, however, if the above two conditions of the Land Use permit are not reel
code enforcement will be applied to ensure compliance.
Please contact this dcparlmcnl in the Spring of 2019 to schedule an onsite inspection. I can be reached at (715)
386-1742. 8:00 A.M. to 5:00 P.M. weekdays. or by email at Nicole.) lavs(iisccwi.gov.
thank You for your cooperation.
Rcspcuf IIIy,
\iale Hans
Land l Ise Technician II
cc: Kevin J Anderson
File
cc: I leather M. Wolske, Assistant Corporation Counsel
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hodson, WI 54016 Fax 715.386.4686
www. Sce bvi. fus cdcJ w' wv.j°ae ebook. rom/stcroixcountyvii r(Jdfa)cosuint max, wi.us
Nicole Hays
From: Kcvrn A , kjacover;, hotmaiLcom
Sent: Tuesday, September 4, 2018 S:OL PM
To: Nicole I lays
Subject: Re: Land Use Pecnd Condition Reminder
Ili Nicole, Yes the trees have all been planted and watered on the west slope in salishan . Once the weather is
better I am sure you will be able to walk to edge
of the hill and see the new trees planted . If you have any questions let me know !
thank you .
Kevin Anderson
From: Nicole Hays <Nicole.Hays(cL)s. cwi.gov>
Sent: middy. August 31, 2018 1:38 PM
To: 'Kevin A'
Subject: Land Use Permit Condition Reminder
Kevin,
Just a follow up in regards to the Land Use Permit Application conditions. An installation inspection was required
to verify the tree replacement took place to abate the tree rernoval violation. Has mis been completed and if so how
soon can I get out there to verify this?
Thank You,
;1'rroLc r~a~ c-
Land Use Technician II
St. Croix County Community Development
1101 Carmichael Rd; Hudson. WI 54016
-15 =36-4 42
ST. CRS ' ll1T)i'
ST. CRO • UNTY "AND USE PERMIrq' lwv Ftler 04
APPLICATION Office Use Only
Reviled May 2016
' MMUNITY DtAPytw,,••.-..---- -
h PLICANT INFORMATION
/
Property Owner. T Vza(> i 6f /G `Contractor/Agent: )
Mailing Address: O9 / O Ce j/e e~ Mailing Address: dS ~/1/ A)z 5
Daytime Phone: l e / 1 Daytime Phone: ( )
Cell: ( 1 o4 ~ YZ Cell: (
E-mail:
d SITE INFORMATION _
Site Address: 54~ vt 5 5j~-lr !5/q f
Property Location: 1/4, _1/4, Sec. T. _ N., R. IT
T
oWr~o~Computerk: ~ Parcel f )J -7.-67 ~j O ! 3.a~,,~c wp
LAND USE INFORMATION
Zoning District (Check one): E3 AG. ❑ AG. II ❑ RURAL RES...*ESIDENTIAL ❑ COMMERCIAL O INDUSTRIAL
Overlay District (Check all that apply): O SHORELAND RIVERWAY ❑ FLOODPLAIN O ADULT ENTERTAINMENT
Type of~La' Use Permit Request (Check one): Please refer to the current fee schedule on our website.
r Lower St. Croix Riverway District 0 Wireless Communication Tower (Co-location)
o Shoreland O Temporary Occupancy
E3 Slgnage O Nonmetallic Mining Operation
0 Floodplain 17 Animal Waste Storage Facility
17 Grading & Filling, 12-24.9% Slopes O Livestock Facility
E3 Other:
17 Permit processed in conjunction with a Land Division, Special Exception or Variance
State the nature of your request: I \'E YH : I2 W //(cep f p~ ~Cj "n-aid
RP- P k+,i4+ Zoning Ordinance Reference
I attest that the informati7:7 in th appy anon is t e and correct to the best of my kno edge
Property Owner Signature: Date 7 /
Contractor/Agent Signature:_ V Date
Complete Application Accepted: -~Jlii- L By: L Lei(
li^Y~
Fee Received: 3 Su, u -
L/L/_ $ Receipt b
71S-3864680 St. Croix County Government center ■1 A 1 715-381-4400 Fax
cddgaco.samt-croix wi.us 1101 Cam ichael Road, Hudson, WI
VSE1QWFFRHYBY