2709.11_40 Page 1 of 17 FOREST SERVICE HANDBOOK CHEQUAMEGON-NICOLET NF (REGION 9) RHINELANDER, WI PARK FALLS, WI FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION Supplement No.: R9 Cheni 2709.11_40-2008-1 Effective Date: September 23, 2008 Duration: This supplement is effective until superseded or removed. Approved: JEANNE M. HIGGINS Forest Supervisor Date Approved: 09/23/2008 Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 2709.11-2003-2 to Chapter 40. New Document R9 Cheni 2709.11_40-2008-1 17 Pages Superseded Document(s) (Supplement Number and Effective Date) R9 Cheni 2709.11-2003-2 17 Pages Digest: 41.23 – Reissues entire supplement without any change in direction. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 2 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION 41.23 - RECREATION RESIDENCE USE OBJECTIVES: The national forests are public property and are managed for “the greatest good to the greatest number in the long run.” The regulations and conditions governing ownership, maintenance, improvements, and use of recreation residences and occupancy of the sites are established to safeguard the interests of the general public in the national forests, protect other forest resources, and provide a recreation residence experience for permittees in a forest environment. Our recreation residence objective is to provide non-urbanized outdoor recreation opportunities in natural appearing forest settings that harmonize with and complements the natural environment. The forest environment and character of the recreation residence site will be maintained. Simplicity, appropriate scale, and a subtle appearance to harmonize with the forest environment are desired in all developments. A Special Use Permit is a permissive or leasehold instrument that allows permittees to place structures and conduct specific kinds of activities on national forest land, provided such structures and activities meet or exceed specified minimum standards. Transfer of a permit to another party is not a right of the permittee, and the grantor may, from time to time, change the conditions of the permit. Permittees will be given adequate opportunity to respond to changes and conditions in the permit. AUTHORIZING IMPROVEMENTS: A recreation residence is a privately built and owned structure authorized on national forest land under a Special Use Permit. It is maintained for the private use and enjoyment of an individual and his/her immediate family. While entertainment of guests is certainly not discouraged, additional development for the purpose of accommodating guests is not appropriate. Authorized permittee structures or improvements, both on and off the permit areas, shall be described on the face of the permit and located as shown on the map attached to, and made part of, the permit. Only one residence will be permitted on each lot. The Forest Supervisor must approve any reconstruction or new construction in advance, in writing. Permittees will be required to remove any unauthorized improvements or structures, and do such site restoration as may be necessary. Prior to approval of any reconstruction or new construction, the site must be brought into compliance with the standards in this supplement. The color of all improvements must blend with the surrounding natural landscape. Driveways to provide access to homes shall be limited to one approach to minimize the impact on the site. Use of cable, wires, ropes, gates, and chains for the purpose of road closure will not be permitted. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 3 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION Fences, unless specifically approved in writing, for the public protection against safety hazards, are not a part of the forest environment and will not be authorized. Fences will normally be approved for small areas for such purposes as dog enclosures and play areas for small children. Outdoor lighting may be authorized if it is shaded and/or screened so as not to be visible from offshore. Wiring of outdoor lighting should meet State electrical code if approved. Dusk to dawn lighting is not allowed. PERMIT TERMS AND CONDITIONS: The Special Use Permit authorizes the use of the lot for the purposes stated. This use must be exercised at least 15 days per year. The permit is granted subsequent to approval of the written application, and becomes effective upon payment of the Bill for Collection. Normally issue permits for 20-year terms. Term permits ensure a stability of tenure for the permittee and, by their conditions, create an obligation against the Government by requiring payment for improvements where the permit is terminated in the public interest prior to the expiration date. Issuance of term permits requires a determination that the land occupied will not be needed for public purposes for the period of the term permit. For administrative purposes, all permits within a tract will normally carry a common termination date. The permitted period for reissued permits will conform to the time remaining for existing permits within a tract. OCCUPANCY: Recreation residences are located on lots (a lot is defined as the permit area) in tracts or groups that were specifically laid out for this purpose. The Occupancy Act of March 14, 1915, stated the use of national forest land for recreational residences was appropriate, but permanent occupancy of national forest land is only authorized in very unusual circumstances. As a recreation facility, it is a vacation home and may not be used to the exclusion of a home elsewhere. Yearlong occupancy as a permanent residence will not be permitted. The reasons for prohibiting use of a recreation residence as a permittee's principal residence are because of conflicts with purposes for which these tracts were originally established, to minimize environmental impacts, and to maintain the recreational setting. Some of the factors which indicate the use of the permitted area as a full-time residence to the exclusion of a home elsewhere are: driver's license address, voter registration location, mailing address, property tax receipts, school district where children attend, and/or homestead tax credit allowance. The principal residence can be a home, apartment, mobile home, or other reasonable domicile, either owned or rented, and must be open and available to the permit holder at all times. The principal residence cannot be simply an address used to give the appearance of living R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 4 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION in a home elsewhere. The principal residence must be the place where the permit holder routinely receives mail, is registered to vote, from which children attend school, and where the permit holder normally commutes to work. MAINTENANCE OF PROPERTY: Maintenance of improvements by the Forest Service is limited to national forest camp and picnic grounds, administrative improvements, trails, and certain approved roads. It does not include maintenance of non-Forest Service beaches at private camp and picnic grounds, maintenance of other public and private roads, repair or maintenance of private facilities, and snowplowing. Preservation of Site - The exercise of this use entails upon the permittee the responsibility for the maintenance of the lot and adjoining Federal land in good condition. Soil erosion along walks, drives, and structures must be controlled and repaired where it exists. Tree cover must be maintained on the lot and adjoining Federal land. The Permit Administrator in charge will be pleased to advise the permittee as to the manner of performing any maintenance practices. Lake Shore Stabilization - The permittee must protect all areas where shoreline stabilization has been done. Any shoreline damage as a result of the permittee's use or operation will be repaired by the permittee. Lot Maintenance - The premises and improvements must be maintained in an orderly condition and in a good state of repair. All maintenance of property, entrance roads, and services incidental to the use of the area is the responsibility of the permittee. Aesthetically disruptive structures inconsistent with the forest environment, such as TV satellite dishes, antennas, masts, etc., will be permitted only when they can be screened and/or camouflaged from the view of the forest user, are within the permitted lot, and do not require additional clearing. Outside storage during non-use periods will be limited to one currently registered motor vehicle, two currently registered boats, and/or two boat trailers. All items shall be located so as not to be seen from the lake and shall be located within the lot in an approved storage area. Travel trailers, RVs, motor homes, etc., cannot be stored on the lot. Trees, brush, and vegetation in locations designed for dwellings and other approved buildings may be removed to facilitate construction. Large trees that obstruct chimney openings, lean heavily and threaten life and property, etc., will be approved for removal. Felling of trees and disposition of resulting slash or debris is the responsibility of the permittee and subject to preapproval by Permit Administrator. Removal of other trees and shrubs will be limited to that necessary to make the lot safe and usable. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 5 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION The approval of the Forest Supervisor or Permit Administrator must be secured before any clearing is done. All timber cut shall be disposed of as directed by the Forest Supervisor or Permit Administrator. Generally, removal of brush will be approved on a limited scale within the lot area. To maintain privacy and individuality of lots, it is desirable to retain adequate amounts for screening on lot boundaries. A strip within 15' of the lot line common to adjacent lots shall not be mowed. Development of a mowed lawn shall be restricted to that necessary to occupy and use the lot for recreation purposes. Sufficient screening shall be retained to minimize the visual impact of the improvements on lake users and/or the public on adjacent roads. Selective removal of vegetation between the lot line and the shoreline may be permitted to achieve some measure of insect control, and to permit a view of water commensurate with screening of developments from offshore view. However, the establishment and maintenance of vegetation along the banks is paramount in the prevention of erosion. Vegetative removal from lakes and the shoreline zone will comply with State and county standards. Driving nails in trees, building tree houses, or fastening anything to trees with nails, screws, etc., is prohibited. Temporary seasonal screen tents may be allowed to afford the permittee the opportunity to enjoy the out-of-doors. They must be on the lot and screened from public view. Overhead utility lines serving recreation residences shall eventually be converted to underground. Permittees should take advantage of opportunities to have this work done. Work such as eradication of noxious weeds, control of insects, pests and vermin, cutting of dead trees, removal of overhanging limbs, etc., on these sites is the responsibility of the permittee. The Forest Supervisor or Permit Administrator must approve the use of any pesticides, herbicides, insecticides, rodenticides, etc., in advance. The permittee is required to obtain a burning permit before open burning or burning in a burn barrel any grass, brush, or debris. Failure to obtain such a permit is punishable under the state of Wisconsin fire laws. Burning permits may be obtained at the office of the District Ranger or from designated fire wardens. One ash pit will be allowed per lot. Non-organic waste such as cans, bottles, etc., and meat scraps, bones, and similar animal garbage, shall be disposed of in an approved sanitary landfill. Garbage pits will not be permitted. Vegetable matter may be disposed of by composting. Garbage canisters in the local area designed for use by other segments of the recreating public, i.e., campgrounds, picnic areas, waysides, shall not be used. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 6 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION PUBLIC USE STRIP: The privilege of occupancy is granted by Special Use Permit that authorizes construction of a recreation residence and limited appurtenant structures within the lot boundaries. The area between the lot boundary and shoreline is excluded from the permit, and is open to use by the general public. Exclusive use of certain privileges within this area may be permitted, where warranted, for such improvements as a trail, steps, or stairs necessary to prevent soil erosion, placement of removable boat docks (either floatable or stationary types are acceptable) and pump houses. Piers and docks must be in full compliance with Wisconsin Department of Natural Resources as well as every other State, county or other local regulation. Temporary summer beaching of not more than two watercraft may be permitted, if public use of the shore is not impaired. Boathouses are not allowed. EXTRA QUARTERS: Where extra quarters (guest residences) exist, use by the present permittee will be authorized so long as the extra structure is sound, not aesthetically undesirable, and is used for sleeping space only. No kitchen facilities which would permit use of the structure as a second dwelling will be allowed. An additional fee will be charged for the extra quarters. Additions to residences or other structures, or construction of new structures, will be permitted only upon removal of existing extra quarters buildings, or their conversion to nonresident use where appropriate. Current square footage development limitations will also serve as a guide in the approval of any additional development. Upon change in ownership by sale or inheritance, extra quarters buildings will be removed or converted to an acceptable nonresidential use, provided the total square footage does not exceed the maximum storage square footage limitation guidelines. CARETAKERS: Presently, there are no caretaker authorizations on the Forest. There is a ready source of caretaker/security services in the vicinity; therefore, there is no demonstrated need for authorizing caretakers in any of the tracts at this time. COMMERCIAL SERVICES/SUBLETTING: The premises may not be used for any commercial or other business purposes. The permittee may rent or sublet the use of the improvements only with the written permission of the Forest Supervisor. But, rental of a recreation residence by the permittee for more than a total of two weeks in any one calendar year is not allowed. Use of the residence by guests for short periods is permissible, and does not require prior approval. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 7 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION OWNERSHIP AND TAXATION: Special Use Permits are only issued to individuals, legally married couples, or persons demonstrating legal title to the private structures. Living trusts are allowed with Forest Supervisor or District Ranger approval. "An individual must be named" as the trust representative and holder of the term permit. This individual would agree to act in behalf of the trust and to be responsible for the conditions imposed on the trust under the term permits provisions. This can be a person specifically named in the trust as having the responsibility of the recreation residence. Local governmental units tax privately owned improvements. The taxation authority is vested in the county, over which the Forest Service has no control. TRANSFERS OF OWNERSHIP: If sale of improvements is contemplated, the permittee should notify the Forest Supervisor or District Ranger of their intention to sell, and furnish them with the name and address of the prospective buyer. It is strongly encouraged that the seller and buyer meet with the Permit Administrator and District Ranger prior to the sale to discuss the terms of the permit and this policy. They should make certain that the buyer is aware that a new permit is required upon the transfer of ownership of improvements on a recreation residence lot. The permittee will be furnished a Relinquishment and Application form that will be executed by the permittee and by the new owners as the applicant; the applicant shall return the form to the District Ranger or Permit Administrator together with documentary proof of ownership. Any time a new permit is issued as a result of a sale, gift or death of the permittee, it is necessary for the USDA Forest Service to have documented proof of an unbroken chain of ownership, usually in the form of a Bill of Sale, Contract for Purchase, Death Certificate, Probate Records or Will. This is necessary to insure that the rightful owner is granted the permit. A new permit may then be issued to the new owner, subject to any special conditions found to be necessary at the time. Since permit conditions are subject to change at the time of issuance of a new permit, the prospective purchaser and District Ranger or Permit Administrator must discuss the permit before it is issued. This is to obtain a common understanding of conditions that will be made a part of the new permit. Permits will only be issued in one name, a husband and wife, or living trusts. In addition to such permit fees as may be due, a fifty-dollar ($50) transfer fee will be charged for the issuance of a new permit. The transfer fee may be waived in transfers from spouse to spouse that has been caused by the death of the holder, or to son or daughter in the event both parents have died. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 8 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION Following are examples of the documentation needed for some of the common ways cabins and permits change ownerships: Type of Transfer Documentation Permittee sells facilities A. Both parties complete form FS-2700-3a, "Request for Termination and Application for Special Use Permit" B. New owner must provide proof of ownership - Bill of Sale C. Copy of sewage and water system inspection D. New permit issued Permittee gives facilities to children and wants to change name on permit Same as above (A, B, C, and D) (Bill of Sale could be for $1) Death of permittee New permit to heirs A. B. C. D. Copy of Death Certificate Copy of will or probate action to identify who are the heirs Copy of sewage and water system inspection New permit issued Death of permittee and legal heir wants to sell A. Copy of Death Certificate B. Copy of will or probate action C. Heir and Buyer complete FS-2700-3a, Request for Termination and Application for Special Use Permit form D. Copy of sewage and water system inspection E. New permit issued ARCHAEOLOGICAL OR HISTORIC RESOURCES: The Archaeological Resources Protection Act, among other laws and regulations, protects archaeological and historic sites located on National Forest System Lands. Artifacts within these sites are found within the topsoil, or even on the ground surface, at many locations in the Chequamegon-Nicolet National Forest. Examples of such artifacts include but are not limited to arrowheads, broken bits of pottery, bone, waste chips from stone tool manufacture, glass beads, gunflints, stone or metal axes, smoking pipes, and even certain cans and bottles. Anyone who causes damage to such sites or removes such artifacts may be subject to permit revocation and criminal or civil penalty. Permittees who observe archaeological or historic artifacts exposed on or near their lots must immediately notify the District Ranger so archaeologists can evaluate their significance. Sites and artifacts less than 50 years old are generally not considered historic. Sites and artifacts greater than 50 years old may or may not have historic significance. When such material remains are found and reported, Forest Service personnel have the responsibility to determine R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 9 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION historic significance, not the permittee. All such artifacts are property of the federal government and may not be retained or sold by an individual. Prior to the inception of earth-disturbing construction projects proposed by the permittee, the Forest Service may require that the permittee retain a professional archaeologist to conduct an archaeological survey to federal historic preservation standards in order to determine whether an archaeological site may be endangered. If historic or archaeological artifacts are observed during construction, all construction activities must cease and the District Ranger must be informed immediately to allow the Forest Service to determine historic significance. The Forest Service will be under no obligation to reimburse any costs associated with such delays. DEVELOPMENT LIMITATION GUIDELINES: For the purpose of maintaining a forest setting and preventing over-development of each lot, the following development guidelines are established for total square footage of development. Development beyond this limit leads to a more urban setting in conflict to the desired forest environment. In most cases, lot improvements will only be approved for a recreation residence, plus one garage or storage building per lot, of similar construction and architecture. Some lots may not have the topography, screening, etc., to allow development up to the guideline limit. If a new cabin must be built to replace the previous structure, for whatever reason, it must follow these guidelines. Number of Buildings – Allow only one recreation residence/cabin on each lot. The desired condition is to have only one dwelling per lot (residence/cabin), as required in FSM 2721.23a. A total of two buildings would be allowed per lot--a residence/cabin and a storage/garage or a toilet building. Residence/Cabin – The maximum size will be 1,100 square feet. Total space for each residence/cabin is the exterior measurement of the structure, and it includes all living space within the structure as well as screened porches. Also any loft(s), if present, will be considered as living space and included in the calculation of total square foot of living space. Toilet buildings and pump houses are not included in the development limitation guideline square footage. Two-story buildings will not be approved. Storage - The maximum size for storage space structure(s) will be 200 square feet. This total space is a summation of any storage including garages, storage buildings, motor lockers, fish houses, woodsheds, outhouses, etc. Basements - Basements are allowed and will not be considered as either living or storage space at the time of the proposed expansion of the facilities. Basements will not contain walkout access, nor will more than 10% of the basement extend more than two feet above ground or R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 10 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION beyond the walls of the main structure. The total space for windows on any basement walls that face the lake will occupy less than 10% of the lakeside wall. Decks, Porches, and Patios - Uncovered decks and patios will be limited to 200 square feet and must be constructed adjacent to the dwelling, no higher than the main floor, and wood or concrete. It should be in scale with other structures on the site. Outhouses - Toilet buildings must comply with Wisconsin State code, as well as local ordinances. The authorized officer, and other agencies as applicable, must approve replacement or relocation of an outhouse. Replacement outhouses shall have a sealed vault. Whenever possible, outhouses should be replaced with a septic system. Off-lot Improvements - Off-lot improvements such as docks, pump houses, stairways, wells, or signs may be authorized. Off-lot improvements may be authorized by citing them in the recreation residence permit (on the face as authorized uses), and on a map showing the location in relation to the lot. CONSTRUCTION OR ALTERATION OF IMPROVEMENTS: The permittee must consult with the Forest Supervisor prior to making any changes in the layout of a recreation permit area, construction of new improvements and facilities, or reconstructing existing improvements and facilities on the permit area in order to reach a full understanding on procedures. As a part of the Forest Supervisor’s approval of any construction, alterations, or modifications, it is a requirement that all other conditions of the permit must be full in compliance. All improvements must be in compliance with State, county, and local codes. Simplicity, good proportions, and an appearance of harmony with the forest setting are desired in the completed structure. Structures should not be obvious when viewed from offshore. Ornate, elaborate, pretentious or showy structures, or parts thereof, will not be approved. Well designed, non-controversial projects will normally be approved. Building Plans Required - There is no requirement that “professional” engineers or architects develop these documents, but the plans need to be adequate in detail and legibility, and submitted to the Forest Supervisor for review and approval. All required plans submitted for approval shall be accompanied by sufficient data, calculations, and information to determine if the structure will meet the requirements of this policy. The required building plans shall be legible and drawn to scale, or dimensional, and shall include the following: 1. Plot plan. a. The plot plan shall show the location of the dwelling and every other building, wells, surface water, and disposal systems on the site with R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 11 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION respect to property lines. The location of the access roadway shall be shown. b. The plot plan shall show the direction of all slopes on the site. Sectors within the area of land-disturbing activity shall be designated and labeled on the plot plan in appropriate slope category: less than 12% slope; 12% to 20% slope; and greater than 20 % slope. The plot plan shall indicate erosion control measures based on slopes existing immediately prior to building construction. 2. Floor plan. Floor plans shall be provided. The size and location of all rooms, doors, windows, structural features, exit passageways, and stairs shall be included. The use of each room shall be indicated. The location of plumbing fixtures, chimneys, and heating and cooling appliances shall be included. 3. Elevations. The elevations shall contain information on the exterior appearance of the building, indicate the location, size and configuration of doors, windows, roof, chimneys, exterior grade, footings and foundation walls, and include the type of exterior material. Design and Construction Standards - It is required that any construction or modification to structures meet all local town, county, and Wisconsin Administrative Code, Department of Commerce (Uniform Dwelling, Plumbing, and Electrical) codes. It is the holder’s responsibility to secure all proper permit(s). Design - Building design should be conventional and in harmony with the forest environment. Rectangular, square, and modified L- or H-shapes, or A-frames are satisfactory. The construction of peculiar and elaborate styles will not be permitted. Two-story structures, including walkout basements, will not be approved. Color - Exterior colors should blend with the surrounding landscape and must have prior written approval of the Forest Supervisor. Conspicuous colors will not be permitted. Suggested for sidewalls and roofs are natural or neutral shades and blends of brown, gray, or green. Paint, varnish, and stain are acceptable finishes. Where paint is required, earth tones and subdued hues are preferred. Window and door casings and other outside trim must harmonize with the background and should not present harsh contrasts. Materials - Frame construction using vertical boards and battens, rough lap, bevel, or drop siding, logs, half-logs, wood shingles, or manufactured sidings are authorized. The use of stucco, corrugated iron, concrete block, tarpaper, or stone will not be approved; however, native stone, concrete block or brick may be used for chimneys, fireplaces, foundations, etc. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 12 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION Foundation- Footings are required under all foundation walls for proper distribution of dead and live loads. Footings may consist of either reinforced concrete or acceptably treated wood. Foundation walls shall be built of masonry on poured concrete, or treated wood, and extend a minimum of 3 inches above finished grade. The space between the finished grade and ground floor level is to be enclosed by a properly vented foundation wall or skirting unless the architecture lends itself to open foundations. The ground floor level shall be so established that wood construction and siding will be a minimum of 3 inches above finished grade. A clearance of not less than 18 inches shall be provided between the bottom of floor joists and the ground level beneath them. Where this clearance results in an interior ground level below outside finished grade, adequate precautionary measures shall be taken to insure positive drainage at all times. Excavations – Grading of excavated material following construction is required to cover conspicuous and unsightly foundation walls, and present a natural finish to the job. Removal of any “extra” excavated material is the responsibility of the permittee. Chimneys - Chimneys may be of brick or stone with tile lining. U.L. approved sectional chimneys may be used. Masonry chimneys must be constructed on footings. Sectional chimneys may be suspended from the floor or ceiling, provided that supporting structural members in ceiling joists, rafters, etc., are adequate in size and grade to support the extra weight. Roofs - Roofs should be covered with approved types and color of wood, asphalt, metal roofing or fiberglass shingles. Roll or corrugated fiberglass roofing may not be used unless specifically approved. Gable or pitched roof construction will be used. Flat and low-pitch shed type roofs will not generally be authorized. Plumbing and Sanitation – Plumbing, septic, and sanitation must be installed in accordance with plans approved by, and on a location approved by, the Forest Supervisor in advance of construction. Requirements of the Wisconsin Department of Commerce and County Zoning must be met. In most cases, this necessitates submission of plans for review. It is the responsibility of the permittee to provide the Forest Supervisor with a copy of the well construction report, water quality test report, and Wisconsin “unique well number” when a new well is installed. Upon approval of these improvements, the permit will be amended to cover such construction when they need to occur off the permit area. In addition, licensed inspectors will inspect sanitation systems. A copy of this inspection shall be submitted to the Forest Supervisor. Nonconforming systems and structural improvements will be required to be brought into compliance prior to issuance of the term permit. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 13 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION Electrical Wiring - All electrical wiring shall be installed and maintained in strict compliance with the National Electrical Safety Code, Wisconsin Department of Commerce Code, and all applicable local codes. Walks, Drives, and Stairways - Walks and drives should ordinarily be of natural native materials and some gravel. Stairways built on steep banks should be built on grade, but may be supported on treated timbers above the natural ground surface. The running surface width of any steps that are a part of the stairway shall be kept to a minimum and not exceed 4 feet. Landings along the stairways shall be kept to a minimum necessary for the slope, and any landing shall be no greater than 24 square feet. Construction of walks, drives or stairways must receive prior approval of the Forest Supervisor and be designed and constructed in accordance with the terms of the permit, applicable local code, accepted design guides for universal access to outdoor recreation, and, as applicable, the Americans with Disabilities Act. Upon approval and construction of improvements, the permit will be amended to cover such improvements where they occur off-lot. Walks, drives, and stairways will be constructed and located so as to minimize erosion of soil from banks. Docks - Docks may be utilized when authorized by the permit. Docks shall only be the minimum necessary to facilitate safe boat ingress and egress, and must be approved in advance by the Forest Supervisor or Permit Administrator. Piers and docks must be in full compliance with Wisconsin Department of Natural Resources, as well as every other state, county or other local regulation. Boatlifts – Boatlifts will not be allowed. Gardens and Lawns - Permittees are encouraged to keep the area natural in appearance; however, small areas of lawn, flower garden, or vegetable gardens are permitted, subject to the approval of the Forest Supervisor or Permit Administrator. The use of painted or whitewashed rocks or trees, and other types of decoration foreign to the natural environment, are not approved. Signs - Signs are not mandatory, but if installed, should conform to the standard shown in Exhibit 01. The Forest Supervisor or Permit Administrator must approve specifications and locations of all signs. No more than two signs will be permitted for each residence, inclusive of fire number signs. Where common driveways serve more than one residence, one sign per permittee will be permitted at the junction of the common driveway with the main road, and one additional sign will be permitted at the junction of the individual driveway with the common driveway. The Forest Service may sign all residences as "National Forest Permitted Use" and include Lot number. PERMIT ADMINISTRATION: Inspections and Monitoring – Special Use Permit holders are required to maintain their recreation residence, associated structures, and lot to acceptable standards to R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 14 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION meet all federal regulations, the express terms of the permit, and the requirements of State law and local ordinances. While standards for neatness, appearance, and the appropriate use of National Forest System Lands are established by the Forest Supervisor, acceptable building health and safety standards are defined as those that meet State, county, or other local government rules. Although the Forest Service does not enforce State or local health and safety laws, its authorized officers are responsible for determining compliance with the terms and conditions of the Special Use Permit. When deficiencies are apparent, or when concern exists due to neatness, appearance, or resource damage, the authorized officer shall require the permit holders to take appropriate actions. A complete on-the-ground inspection, and as needed with active follow-up on required corrective actions, shall be conducted every one to five years. Both inspection and ensuing follow-up will be thoroughly documented. Photo documentation is recommended. Transfer Inspections – Conduct an inspection when notified of an intended sale or change in ownership of the improvements. This inspection is to ensure compliance with the terms of the permit, and review the condition of the improvements and the lot prior to issuing a new permit. Transfer inspections are not required and may not be necessary if the cabin has been recently inspected. Do not issue a new term permit until all deficiencies are corrected, or a plan is in place for the new owners to take appropriate corrective actions. Along with the transfer request, FS2710-3a, the permittee or applicant must provide a copy of a recent sewage system inspection, conducted according to Wisconsin State Administrative Code, and a copy of the well documentation, “unique well number.” Construction, Development, Reconstruction, or Expansion Inspections -- During any construction, development, reconstruction, or expansion of improvements on the lot, or to be authorized as a part of the permit, the holder is to provide the Forest with inspection reports from the local zoning office at the holder’s expense. The Forest has no authority or responsibility to conduct inspections, other than general review, that the plans are being generally followed and the surrounding area is fully protected. The types of inspections to provide are: 1. Footing and foundation inspections 2. Rough inspection a. General construction b. Rough electrical c. Rough plumbing d. Rough heating e. Drain tiling, if needed R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 15 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION 3. Insulation inspection 4. Final inspection 5. Erosion control inspection REVOCATION: A permittee who does not meet the conditions of the permit in a responsible manner is in violation of the law or Secretary of Agriculture's Regulations, and risks revocation of the permit. In all cases of revocation, the permittee is entitled to adequate notice and the reasons for the action. If a breach is involved, he will be given an opportunity to correct the breach before the revocation becomes final. Usually not more than ninety (90) days will be granted to cure a breach. Prior to final action to revoke a permit, a permittee will be given the opportunity to show cause why a permit will not be revoked. R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed 2709.11_40 Page 16 of 17 FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION 41.23 - Exhibit 01 APPROVED SIGN 4 1/2" 3.0" 42" A.B. BROWN Type: Rustic - Natural dark brown stain background Board Size: 4 1/2" wide - variable length Board Thickness: 1 1/4" Normal Lettered: One or both sides Post: Round or Square - natural dark brown stain DO NOT FASTEN SIGNS TO TREES R9 CHENI SUPPLEMENT 2709.11_40-2008-1 EFFECTIVE DATE: September 23, 2008 DURATION: Effective until superseded or removed FSH 2709.11 – SPECIAL USES HANDBOOK CHAPTER 40 – SPECIAL USES ADMINISTRATION 2709.11_40 Page 17 of 17