River Owners’
Handbook
Table of Contents
River Owners’
Handbook
Written and Designed
by Carrie Walia
Edited and Reviewed by
Steve Brazzale
Bill Ebert
Jason Folstad
Anna Haines
Lynn Markham
George Rogers
Dan Trainer
Photographs by
The Plover River
Alliance (and are all of
the Plover River)
preface
Introduction…………
3
Conservation
Practices…………...
4
Water Quality
and Quantity………..
4-5
Recreation…………..
6
Wildlife……………..
7
Forests………………
8
Agriculture…………
9
Wetlands……………
10
Tools & Standards…
11
Conservation
Easements…………..
11-13
Acquisition…………
13
County & State
Standards…………….
14
Shoreland Zoning…..
14
Shoreland-Wetland
Districts…………….
15
Floodplain Ordinance..
15
Waterfront Residence
and Conservancy
Districts…………….
15
Wellhead Protection
Ordinance………….
16
Subdivision
Ordinance………….
16
Nonpoint Source
Pollution……………
17
Portage County Zoning
& Land Parcel Map...
18
Appendix:
Educational/
Informational
Contacts.. …………..
19
The purpose of this handbook is to describe
conservation methods available to residents
within the Plover River watershed for preserving
the river and the lands within the watershed.
Both voluntary and regulatory standards are
discussed to inform residents about what
conservation options are available and what state
and county regulations have been enacted to
protect our natural resources.
Since the majority of the lands along the Plover
River are privately owned, the decisions
individual landowners make today are important
for the health of the watershed.
A Community Foundation Environmental Grant,
through the Community Foundation of Portage
County, funded this River Owners’ Handbook. It
was developed to describe conservation methods
for riparian lands along the Plover River to more
effectively use conservation easement funds. A
working relationship between landowners living
along the Plover River, the Foundation and other
local organizations and government agencies is
crucial for maintaining the quality of the
watershed.
The Mission of the Community Foundation is to
help make the Portage County community a
better place in which to grow, to work, to play
and to retire – by helping people, enhancing
education, enriching culture, contributing to
wellness and improving the environment through
financial management of gifts and grants from
individuals and organizations.
The Plover River Alliance has also taken part in
the creation of this handbook. The Alliance is a
non-governmental citizen organization that
works with landowners in arranging
conservation easements. The mission of the
Plover River Alliance is to keep the river and
watershed in its natural state.
introduction
Why Watersheds?
The Plover River makes its way through a
variety of landscapes in Portage, Marathon and
Langlade Counties. The river’s 42-mile journey
to the Wisconsin River passes through forests,
wetlands, agriculture, grasslands and residential
areas. The headwaters are located west of the
village of Aniwa in Langlade County. In
Langlade and Marathon Counties, forests and
wetlands dominate the landscape along the river
corridor. As the river flows south into Portage
County, wetlands, agriculture and forests
dominate. Before merging with the Wisconsin
River, the Plover flows through the Stevens
Point area. Overall, the Plover River watershed
encompasses 147 square miles, of which 32% is
forested, 26% is agriculture, 18% is grassland,
17% is wetland, 3.5% is urban development, and
the remaining 3.5% is open water/barren.
Local water resources are protected more
efficiently when those who live within the
watershed focus on a particular river or stream.
Even though each watershed is unique and the
problems may be diverse, the same types of
conservation tools can be applied. Citizens and
lawmakers are beginning to understand the need
for developing plans that incorporate protection
for an entire watershed. Many of these plans
consist of policies and programs to help protect
natural resources.
Plover River
Watershed
Plover’s Watershed Status
Studies of the Plover River watershed have
found it to be in fairly good condition, with no
severe impacts. However, the watershed’s
groundwater is at risk of degradation due to the
permeability of the soils.
What is a Watershed?
A watershed is an area of land that catches rain
and snow and delivers it to a common body of
water. All water flows from the higher land to
the lower land and eventually into a river or
lake. Watersheds can exist on an individual river
or creek basis or can encompass many counties
and even states. The Plover River watershed is
one of 29 watersheds within the 4,000 square
mile Central Wisconsin River Basin.
River Owners’ Handbook 3
conservation practices
Introduction
The Plover River watershed is a diverse
landscape with a variety of land covers and uses.
This section is divided by the types of cover/use,
followed by suggested conservation practices
and management options. Choosing to
implement conservation practices will ultimately
benefit you, future generations, your land and
the environment in which you live.
Water Quality and Quantity
Important qualities of the Plover River area are
the abundant water supply and good surface and
groundwater quality.
Within the watershed, 27% of the streams are
identified as Exceptional Resource Waters, with
the remainder having some water quality
problems.
Surface runoff and sedimentation can result in
increased stream levels, degraded water quality,
widened streams, and stream bank erosion,
especially during storm events. During such
events, water collects chemicals and debris and
transports it to surface waters, and runoff
entering waters can be up to sixteen times
greater in volume after development takes place.
Impervious surfaces, such as driveways,
walkways, roads and rooftops, increase with
increased development and urbanization.
Pavement, roofing and compacted soil are key
factors in restricting percolation into the ground
and increasing runoff.
Erosion along the Plover River
Groundwater is a resource that is sometimes
overlooked because it is “underground.” The
residents within the Plover River watershed and
Stevens Point area depend upon groundwater for
its drinking water supply, in addition to
agriculture, commerce and industry relying on
this source.
Private drinking wells are located throughout the
watershed, and some wells are more polluted
than others. A test conducted by the Center for
Watershed Science and Education, of the
University of Wisconsin-Stevens Point found:
• 18.7 % of wells tested in the
watershed contained nitrate concentrations
greater than 10 parts per million, the
tolerable limit for human consumption.
• 3.6 % of the wells tested had
concentrations at 1.1 parts per billion or
greater of triazine (over 1 ppb is a concern),
a commonly used pesticide.
Within the watershed, permeable sandy soils
allow pesticides and herbicides to move through
the ground, threatening groundwater quality. We
have passed laws to protect groundwater because
we are now realizing that contaminated
groundwater is very expensive to clean up, may
take many decades, and sometimes is simply not
feasible.
River Owners’ Handbook 4
Management techniques for benefiting
water quality
The watershed can benefit from good
stewardship practices that will help maintain or
enhance water quality. Below are some practices
that a landowner could follow.
Lawn Maintenance
• Limit chemical applications and
maintenance to your lawn to reduce the
amounts of chemicals entering the water.
• Use organic fertilizers, such as
Milorganite or Ringers, blood or bone
meal, or synthetic organics, such as
Nitroform or Par-Ex. They release
nitrogen slowly as the plants need it
rather than dissolving it quickly and
washing away.
• Design a smaller lawn and replace
unnecessary lawn areas with shrubs and
plants to reduce maintenance needs.
• Refrain from mowing to the edges of the
streams, rivers and lakes on your
property. This will help cool adjacent
shallow waters, plant roots will
strengthen stream banks, and new habitat
is created for many animals and
amphibians.
• Prepare your soil according to its needs;
a soil test will help explain exactly what
your soil needs to produce a hearty lawn
without all of the chemicals.
Steps to Reduce Impervious Surfaces
• Reduce the length and width of
driveways, parking areas and walkways
around the property and replace paved
areas with grassy and vegetated areas.
• Consider bricks and flagstones,
interlocking pavers, crushed shells or
stone and bark chips when installing a
new driveway or sidewalk. These porous
surfaces encourage some infiltration of
runoff.
• Reduce the amount of runoff flowing
directly into lakes or rivers by carefully
landscaping your yard, and near roads
and driveways too.
• Minimize impacts to water quality with
vegetative buffer areas along shorelines.
• Direct rain gutters towards grassy areas
and not onto the driveway. This lessens
the amount of runoff entering the water
and it will help keep your lawn healthy.
• Create detention ponds or basins to
collect runoff to lessen the amount of
runoff entering the river.
Other Activities
• Use low or no-phosphate detergents for
laundry and car washing. Detergents
from soaps and other cleaning agents add
excess phosphorus to water.
• Keep leaves and debris out of the water
to lessen nutrient loads into streams.
• Maintain septic systems and inspect
regularly. Failing septic systems release
seepage that is a public health concern
and environmentally hazardous.
• Dispose of pet wastes properly to avoid
bacterial contamination.
For more information on how to reduce impacts on
water quality visit http://clean-water.uwex.edu/
pubs/stewards/index.html for a variety of land &
water stewardship articles.
Contact the Center for Watershed Science &
Education (contact #2) or the Portage County
Water Quality Specialist (contact #13) for
questions or information on water quality (listed in
the Appendix).
River Owners’ Handbook 5
Recreation
The Plover River offers an array of recreational
opportunities for the outdoor enthusiast.
Common recreational uses in the Plover River
watershed include canoeing, kayaking,
cross-country skiing, hunting, bird watching,
swimming, and hiking.
Two federal, one state, two county and one town
road provide public access to the river, as do
four parks: Jordan County Park, Iverson Park in
Stevens Point, Koziczkowski Park also in
Stevens Point, and Whiting Park, in the Village
of Whiting.
Public Access
Recreationalists who wish to use Wisconsin
waterways need to know the state’s public access
rules. Navigability, or if a river or stream is capable
of floating a boat or canoe, determines whether a
waterway is public or private. Now, people using
these waterways will have to stay within the stream
or river, keeping their “feet wet.” The only time the
public may step onto private shores without
permission is if there is an obstruction blocking the
stream path. If the public enters upon private shores,
it may only be: from the water, from a public access
point (e.g., a bridge), or with permission from the
riparian landowner. For privately owned shores
around lakes and flowages, the public must stay in
the water at all times, but can come ashore once
permission is gained from the landowner.
Trout habitat improves on the Plover
River
Much of the northern portion of the Plover River
is classified as trout waters with the lower
segments supporting warm water game fishing.
Trout streams have been restored with the help
of Wisconsin’s inland trout stamp, which has
been funding activities since 1977.
Some forms of recreation tend to have more
adverse impacts on the environment than others.
Good recreational practices include:
• Supporting low-intensity recreation
versus motorized recreational uses;
• Disposing of wastes properly;
• Leaving natural things where you find
them;
• Minimizing campfire impacts;
• Respecting wildlife and fish habitat;
• Being considerate of other canoeists,
fisherman, etc.
The Trout Stream Habitat Improvement Project,
performed by the DNR and Trout Unlimited, in
recent years, has shown how trout habitat can be
restored along stretches of the Plover River by
enhancing narrow and shallow channels.
The Lakeshore Restoration
Demonstration project at Jordan Pond
Golden Sands Resource Conservation and
Development Council, Inc. has developed a water
resources project at Jordan Pond to inform the public
about shoreline restoration management options.
Interpretive trails were designed to show how
planting certain types of native vegetation buffers
around water bodies can benefit water quality.
For questions about local parks or recreational
opportunities, contact the Portage County Parks
Department (contact #10).
River Owners’ Handbook 6
Wildlife
Managing your lands includes considering the
many types of wildlife and their habitat.
You can benefit local wildlife by becoming
familiar with the types of food and shelter they
find important. Wildlife depends upon
sustainable ecosystems that support a wide range
of species.
In the Plover River watershed 25 species are
listed as having special concern, threatened or
endangered. Some species include the redshouldered hawk, bald eagle, osprey, karner blue
butterfly, redfin shiner, woodland jumping
mouse, pigmy shrew, wooly milkweed, and
dwarf huckleberry. You can help minimize
conflicts as you use your property by knowing
which species are threatened or endangered and
where they live.
•
Leave natural areas undisturbed and
establish a buffer zone next to wetlands
and stream banks to provide needed
cover and shelter for wildlife. This will
help minimize the impacts on wildlife
migration, allowing many animals to
travel and reproduce naturally.
•
Be aware of the times for nesting seasons
for birds and butterflies so their eggs are
not destroyed. Generally, do not mow
near shores before mid-July to early
August to provide the young a chance to
leave the nest.
•
Make nest boxes. Paired with native
vegetation in a buffer zone, a nest box
will attract swallows, owls, and many
other birds.
•
Leave dead and dying trees, or “snags,”
alone. They are valuable for wildlife,
such as woodpeckers and wood ducks,
and contain many beneficial insects.
“Some natural activities that can protect fish
and their habitat are to leave a minimum
30-foot buffer strip along the river. This will
provide streambank stabilization as well as
provide overhead cover for fish. Other things
would be to leave wind-fallen trees in the river
and not allowing cattle to access the river
directly.”
Jason Spaeth
Fisheries Management Technician, DNR
To learn more about benefiting the habitat and
wildlife around your home, contact the U.S.
Fish and Wildlife Service (contact #15) or a
DNR wildlife specialist (contact #4).
River Owners’ Handbook 7
Forests
Forests dominate the landscape in the watershed,
particularly north of Jordan Pond, covering 32%
of the area. In Portage County individuals own
84% of 171,400 acres of forested land, with the
remaining 16% divided between corporations,
municipal, county, and state agencies. Private
landowners hold the key to preserving forested
areas.
In Wisconsin we are accustomed to forests, but
may not realize the magnitude of their
importance. Forests are important because they:
• Are a source of timber, paper, and other
wood products;
• Influence local temperatures (keeping
them cooler in the summer and warmer
in the winter);
• Support an abundance of wildlife;
• Protect water quality;
• Have great recreational potential;
• Enhance property values.
Forest Management
No matter how large or small of an area of land
you own, you have an impact on the
surrounding forests and landscape. Consulting a
forester will help you learn about different
forest management approaches that are most
appropriate for your property. Also, participation
in forest management activities can create
annual tax savings and postpone property tax
payments until land-generated income is
secured.
The Managed Forest Law (MFL), administered
by the DNR, allows landowners to set their woodlots
aside for timber production, without prematurely or
destructively cutting, and then receive a reduced
property tax. The MFL requires a minimum of 10
acres under a 25-year contract.
Best Management Practices (BMP’s) should be
considered when deciding how to manage
forested areas.
BMP’s are feasible guidelines developed to
assist loggers, equipment operators, landowners
and natural resource managers in protecting
water quality during forest operations.
Examples of BMP’s include:
• Plan for road construction or timber
harvesting carefully;
• Operate wheeled equipment away from
water bodies;
• Perform prescribed burns;
• Maintain vegetative buffer areas along
stream banks to protect water quality,
provide cover for wildlife and fish,
lower water temperatures, and to
strengthen shorelines and lessen erosion.
Wisconsin’s forestry BMP’s are voluntary and
many public and private landowners in
Wisconsin routinely use BMP’s to guide their
management activities. BMP education and
training workshops are offered by the DNR to
assist those who wish to incorporate BMP’s into
their forest management plans.
Another positive forestry management practice
is controlling invasive plants, such as purple
loosestrife, buckthorn and garlic mustard on
your property. You can help control the spread
of these invasives to other areas.
The Woodland
Owners Association
was developed to educate
landowners and encourage
wise management of
forestlands. By joining the
association you can
participate in conferences,
workshops, and projects,
and learn more about the
forest management
options available to you.
Visit http://www.
wisconsinwoodlands.org/
to learn more about the
Association!
Purple loosestrife
Picture by: SGNIS
For more information
on forest management
options contact your
local DNR Forester
(contact #4b).
River Owners’ Handbook 8
Agriculture
Agriculture dominates the landscape (25%) in
the southern part of the watershed. Portage
County has 160,250 acres of cropland, with corn
and hay dominating. Irrigated and non-irrigated
cropland, along with intensive agricultural
operations may deteriorate the water quality in
the Plover River. On average, the relative soil
loss is 4.4 tons per acre per year in Portage
County, with high soil erosion rates existing in
the towns of Stockton and Norrie within the
Plover River watershed. Other agricultural
impacts on water quality include:
fertilizers, animal wastes, nutrients,
pesticides and herbicides.
•
Managed or rotational grazing uses
moving pasture divisions or paddocks to
allow for plant re-growth, better forage
quality, decreased erosion and runoff,
and reduced costs.
•
Manure storage and runoff control
structures store manure until it is
environmentally safe to spread and use
structural diversions to control barnyard
runoff.
•
Integrated Pest Management and
Nutrient Management Planning controls
pests using innovative methods while
adding the appropriate amounts of
nutrients to the soil.
For on-line booklets that explain many conservation
practices for farmlands, visit:
http://clean-water.uwex.edu/pubs/choices/index.html
Farmland Management
Agriculture is one of many uses that contribute
to water quality problems, but when farmers use
good management practices, the effects are
minimized.
Positive agricultural practices include:
• Conservation tillage reduces soil loss by
leaving some to all residue on the land.
•
Crop rotation lowers the susceptibility to
crop diseases and insect infestations, and
reduces fertilizer rates by including
nitrogen-fixing plants into the rotation.
•
Contour farming minimizes runoff
impacts by forcing water through grassy
patches between row crops.
•
Vegetation buffers and grassed
waterways filter sediments before they
enter surface waters.
Wisconsin’s Natural Resources Conservation
Service (NRCS), a branch of the U.S.
Department of Agriculture (USDA), provides
services, assistance, and advice to landowners,
farmers, and local governments interested in
undertaking conservation practices. There are
many programs that offer assistance, for
example:
• The Grazing Lands Initiative offers
technical and educational help for
increasing use and profitability of
grazing systems.
• The Wildlife Habitat Incentives Program
is a voluntary program that assists
landowners financially and technically
for developing or improving wildlife and
fish habitat.
For more information on soil and water
conservation techniques contact your local
NRCS office (contact #8) or the Farm Service
Agency (contact #5).
River Owners’ Handbook 9
Wetlands
Wetland Management
Wetlands, or areas that link land and water,
comprise nearly 17% of the land cover in the
watershed. Wetlands are lands that are often
underwater long enough to produce plants
adapted to wet conditions. There are many
different kinds of wetland communities in
Wisconsin. There are shallow, open water
wetlands, marshes, swamps, bogs, floodplain
forests, coniferous bogs, wet prairies, and
calcareous fens.
Several simple measures can protect your
wetlands. Examples include:
• Establish a vegetative buffer zone
between the wetland and cultivated,
grazed, or mowed lands. A 100 foot wide
zone of vegetation that is left un-mowed
around the wetland is ideal.
Over 75% of the state’s wetlands are in private
ownership, so landowners are fundamentally the
best resource for conserving wetlands to provide
wildlife habitat, clean water, flood protection,
and recreation. Wetlands have disappeared at a
rapid rate and need protection. In fact, half of all
wetlands, five million acres, no longer exist.
•
To find information about what types of plants
are appropriate for your land, visit the Natural
Landscaping Resources list for Wisconsin at
http://www.dnr.state.wi.us/org/water/wm/dsfm/
shore/documents/wiresour.pdf
•
Place a fence about 100 feet from the
wetland in grazed areas to save sensitive
wetland plants, maintain the soil
structure, and minimize the change of
invasive species colonization. If the
wetland leads to a source of drinking
water, try to find an alternative source of
water.
•
Use other management efforts such as silt
fencing in all construction projects,
controlling sources of chemical pollution,
controlling excess water from entering a
wetland, and using heavy equipment for
logging only during winter months.
Wetlands support many organisms and
animals within the food web.
Illustration by: EPA
Some of the functions and values related to
wetlands include:
•
•
•
•
•
•
Providing habitat for a diversity of
wildlife;
Helping alleviate flooding;
Reducing soil erosion;
Cleansing dirty and polluted waters;
Contributing to regular water flow in
streams and rivers throughout the year;
Providing opportunities for recreation,
education, research and aesthetic
appreciation.
Landscape buffer areas with native plants
to enhance your wetland’s health,
diversity, and aesthetic beauty. Native,
warm season grasses, prairie
wildflowers, and native shrubs and trees
in an upland buffer zone are usually
appropriate for most wetlands in our
area.
For information and assistance on wetland
management, contact the DNR Wetland Team
(contact #4a). The U.S. Army Corps of
Engineers (contact #14), the DNR
(contact #4) and your local
government should be contacted for permits,
advice, and regulation information.
River Owners’ Handbook 10
tools and standards
Introduction
Conservation Easements
There are many conservation tools available to
landowners that aid in protecting our natural
resources and environmentally sensitive,
cultural, and historic lands. Today, many
landowners are choosing to protect their lands
using conservation easements to take advantage
of financial, environmental, and aesthetic
benefits they offer. This handbook discusses that
option. Also, several county and state
regulations are discussed to inform residents of
what policies are enforced on lands within the
Plover River watershed.
A conservation easement is a voluntary and
flexible tool available to landowners who wish
to protect their land while leaving it in private
ownership. A conservation easement is a legal
agreement between a landowner and an
organization, such as a land trust or a local
government, that permanently limits specific
uses on a property to protect its conservation
values. Conservation purposes can include
preserving the land for outdoor recreation or
education, protecting natural fish, wildlife or
plant habitat, maintaining open space for scenic
enjoyment, protecting a wild and scenic river, or
preserving an historically important area or
structure. As a result, scenic, natural, and
historic features are protected and respected for
future generations of landowners through this
tool.
YES
Conservation Easements: Questions & Answers
Does an easement offer permanent protection of my land? An easement is an
agreement that permanently limits uses of the land to protect its conservation values.
Conservation easements run with the title, so that all future owners of the land are bound by
the original agreement.
X
Can I place an easement on only a portion of my land? Easements may be placed on some
parts of a property and not on others.
X
Do I have to donate my lands to place an easement on the land? A landowner can
either donate or sell a conservation easement, if there is a willing buyer.
NO
X
Do I retain all other property rights once an easement is in place? Only the specific rights
that you choose to sell or donate are removed from your property.
X
Am I responsible for all monitoring and responsibilities? A conservation
organization, such as a land trust, holds the easement and is responsible for monitoring and
enforcing it in accordance with the terms of the agreement.
X
Do I have to allow public access on lands in an easement? Public access is not granted by an
easement unless you decide to include the right. Many landowners grant public access on their
lands.
X
River Owners’ Handbook 11
Conservation Easements Options
Purchase of Conservation Easements
In some instances, a land trust or a local
government can purchase easements if they have
established a “Purchase of Development Rights”
program.
Conservation easements may be bought on
agricultural land, potentially lowering property
taxes and reducing the estate tax liability.
Donated Conservation Easements
When an easement is donated, the landowner
may be eligible for a charitable deduction for
income tax purposes. To qualify for the
deduction, it must be given to a qualified
organization, be in perpetuity and be for
conservation purposes.
The Gathering Waters Conservancy is a statewide
land trust organization that helps guide landowners
on conservation easements.
To learn more about conservation easements, visit
the Gathering Waters website at
http://www.gatheringwaters.org/
The Plover River Alliance negotiates
conservation easements with landowners along
the Plover River and places them with an
eligible land trust.
For more information on placing conservation
easements on your land contact The Plover
River Alliance (contact #9).
Value of the Easement
When an easement is sold or donated, the fair
market value is determined by a qualified
appraiser and is based on what the property is
worth before and after the easement is in place.
The difference between the two is the fair
market value.
The sale or donation of the easement may lower
the assessed value of the land and result in
reduced property taxes. Federal estate taxes,
when the property is passed on to heirs, may also
be lowered.
Financial and personal needs come first when
deciding what type of an easement to acquire.
Landowners are encouraged to discuss the
easement with their financial and legal advisors
to ensure they’re meeting their own financial
needs while leaving a legacy of good
stewardship for future generations.
The Town of Dunn uses conservation easements
to protect prime farmland, wetlands and open
space. Since 1996, over 1,700 acres have been
protected from the encroachment of nearby
Madison.
To learn more about the Town of Dunn’s
success in preserving quality of life in their
small rural town visit http://town.dunn.wi.us/
River Owners’ Handbook 12
Conservation Easement Elements
Rights often retained by the landowner
•
•
•
•
•
•
Sell, lease, gift, donate, and mortgage the
property;
Forest management according to a
management plan;
Agricultural activities according to a soil
and water conservation plan;
Hunt and trap game according to state
law;
Enjoy privacy;
To allow or prohibit public access.
Obligations of the landholder and easement
holder
•
•
•
Notification when transferring property
or easement to different party;
Landowner is responsible for
management and ownership costs of
property including property taxes;
Once a landowner or easement holder
transfers property to another party, his or
her obligations to the property end.
Rights excluded from the landowner
• Any commercial, industrial,
•
•
•
•
•
•
•
agricultural, or commercial activities not
allowed in the easement;
Construction of permanent or temporary
structures, unless specified in the
easement;
No mining, drilling, or exploring for
minerals;
No alteration of topography except those
listed in management plans;
No manipulation of waterways and water
resources except agreed to in
management plans;
No dumping or storage of wastes;
No feedlots, grazing, or cutting of trees
unless stated in farm or forest plan;
Limitations on subdivision of property.
Easement holder’s rights (Land trust)
•
•
•
•
•
Create a baseline document for
monitoring the land;
Enter property annually with prior notice
to the landowner;
Enforce the purpose of the easement and
assure that the landholder’s desires for
the property are honored;
Approve forest management and soil and
water conservation plans;
Permit activities not specifically
allowed in the easement.
Acquisition
Land acquisition is the transfer of fee simple title
to land from a willing seller to a local
government or nonprofit conservation
organization. Fee simple title refers to the
ownership of all rights in the land. This should
be considered if the community would like to
increase public access to the river, if special
management of the land is needed, or if the land
is part of the expansion of a publicly owned
natural area.
Land may be acquired by paying fair market
value to the seller, outright donation or donation
through a landowner’s will, or a bargain sale. In
a bargain sale, the local government or nonprofit
agency pays less than fair market value and the
seller donates the remaining value, which may
result in a tax benefit for the seller. The donation
or sale of land may allow the landowner to live
out their life on the property or allow the land to
be leased back to the former owner.
River Owners’ Handbook 13
County & State Standards
Shoreland Zoning
Riparian habitat along Wisconsin’s waters has
been widely developed for the past 200 years.
The Plover River corridor has been fairly well
preserved with a mostly wooded/vegetated
shoreline, but laws and regulations are needed to
protect and continue these efforts within the
watershed.
One exception exists for a 30 foot wide
viewing corridor, for every 100 feet of
shoreline, down to the water. In Portage
County, cutting is allowed within the 35 foot
area, if a Special Exception Permit is given
by the Board of Adjustment. For areas
beyond the 35 feet, forest and soil
management practices should be used while
cutting that protect water quality.
In Wisconsin, the DNR has created a Shoreland
Management Program that is a partnership
between state and local governments to regulate
development adjacent to navigable lakes and
streams. These minimum statewide standards
seek to create a balance between private rights
and public responsibilities of landowners.
The current county and state shoreland zoning
minimum standards include:
•
Lot sizes- Sewered lots and septic tank lots
(i.e., lots not served by a public sanitary
sewer) have specific dimensional standards.
•
Setbacks- All buildings and structures
adjacent to navigable waters must be set
back at least 100 feet from the shoreline,
except within cities and villages.
•
•
Shoreline buffer areas- Wisconsin laws
require counties to adopt and enforce
shoreline protection standards, with at least
a 35 foot buffer on shores. Portage County’s
Shoreland Zoning Ordinance mirrors the
state laws by requiring a 35 foot strip of
natural vegetation from the ordinary high
water mark. One hundred feet of protected
shoreline is the distance designated for
ultimate habitat protection in the Portage
County Shoreland and Conservancy
Ordinances.
Removal of Shore Cover/VegetationCutting of trees and shrubs is not allowed in
the strip of land from the ordinary high water
mark to 35 feet inland.
•
Filling, Grading, Lagooning, Dredging,
Ditching and Excavating- A permit is
required for any filling or grading of an area
within 30 feet of the stream bank and 1000
feet near lakes.
Why do these standards exist?
Shoreland Zoning protects water quality and
vegetated buffer zones, reduces shoreline
disturbance and runoff into the waterway,
prevents clear cutting next to the shore, creates a
better view of the water from the home,
separates structures from each other allowing for
greater privacy, screen structures when viewed
from the water, reduces noise levels, and reduces
effects from prevailing winds.
To learn more about the state’s shoreland
regulations, visit http://www.dnr.state.wi.us/
org/water/wm/dsfm/shore/title.htm or to learn
more about county regulations, contact the
Portage County Planning and Zoning
Department (contact #11).
River Owners’ Handbook 14
Shoreland-Wetland Districts
Within Portage County’s Shoreland Zoning
Ordinance, the Shoreland-Wetland District is
defined as wetlands of five acres or more,
including shoreland areas, shown on the
Wisconsin Wetland Inventory Maps. The county
has developed this district because we know that
wetland areas are not suitable for development,
but are more suited for protection of fish
spawning grounds and wildlife habitat, and
preserving wetlands for their various functions.
Certain activities that involve filling, flooding,
draining, dredging, ditching, tilling or
excavating require a zoning permit.
Waterfront Residence and Conservancy
Districts
Within residential districts of Portage County, a
Waterfront Residence District exists. The
purpose for having this district is to ensure that
single family residences and other permitted
uses are suitable in waterfront areas, residential
development needs are met, aesthetics and the
natural environment are maintained, and that
water resources are not degraded.
Conservancy Districts, located within the Rural
District, identify, protect, and preserve lands that
are environmentally unique or important.
Wetland, floodplains, shorelines, drainage ways,
parks and publicly owned lands may apply here.
An example of a Conservancy District is the
protection and preservation of the character of
the natural corridors along the Plover River.
Floodplain Ordinance
This ordinance was enacted by the county to
protect floodplains, reduce flood related
problems and expenditures, and to minimize
damage to public facilities in unincorporated
areas in Portage County. The general standards
that apply to these districts include:
•
No development is allowed that causes
obstruction to natural flow patterns or
causes floodplain storage areas to be lost,
which causes an increase in the regional
flood height.
•
Adequate surface drainage should be
provided by mobile home parks or
subdivisions located in the regional
floodplain.
Public information is available to help locate these
districts and explain the legalities involved. Contact
the Portage County Planning and Zoning
Department (contact #11).
River Owners’ Handbook 15
Wellhead Protection Ordinance
This ordinance was developed to protect our
drinking water supply from land uses, practices,
and activities that threaten the quality of the
water supply. Areas within Portage County that
lie within the recharge areas in unincorporated
areas are subject to this ordinance.
Conventional subdivisions tend to spread
development over large tracts of land with
homes placed widely apart. Within these types
of subdivisions, open space areas may be
managed by the original landowner, by a
homeowner’s association, by the local
government, or by a local land trust.
Groundwater protection districts use three
overlay zones. The closer to the wells, the more
restrictive the overlay zone. Overlay zones are
typically an addition to existing zoning
regulations.
A Rural
Landscape
before
development
was in place
Subdivision Ordinance
The Subdivision Ordinance in Portage County
was developed to guide growth and establish
design standards for subdivision development in
unincorporated areas in Portage County. The
design and layout of the subdivision should be in
proper relation to existing and proposed streets,
access points, on-site waste disposal facilities
and wells, topography, and surface water
drainage. Lands that are suitable for subdivision
development must meet all provisions in this
ordinance to have a subdivision plan approved.
A proposed subdivision adjacent to a water body
should:
•
Provide public access to the ordinary
high water mark;
•
Reserve lands at public access points for
future public purchase.
An Open Space Design option, also called
Conservation Subdivisions, groups lots and
houses on a portion of the land to preserve the
remaining acreage and environmentally sensitive
lands. Conservation subdivisions are
characterized by having common open spaces
for residents to enjoy and clustered compact lots
for living. A conservation subdivision holds the
same number of lots as a conventional
subdivision but reduces the lot size and clusters
the lots in one area, while considering
surrounding environmental and cultural features.
Conventional
Subdivision
Development
has large lots
and scattered
development,
using more land
and resources
Open Space
Designs use
creative
methods that
preserve land by
grouping houses
in a central
setting, leaving
large open
spaces for
recreation or
agriculture
Illustrations by: http://www-unix.oit.umass.edu/
River Owners’ Handbook 16
Nonpoint Source Pollution
The State of Wisconsin is taking a new approach
to addressing nonpoint source pollution by
creating administrative rules to control polluted
runoff from agricultural, non-agricultural and
transportation sources.
Nonpoint source pollution occurs when surface
water runoff from rainfall or snowmelt moves
across or into the ground, transporting pollutants
into streams, lakes, wetlands or groundwater.
Eroded soil, or sediment, is the number one
nonpoint source pollutant affecting our nation’s
rivers, streams and wetlands.
Rural nonpoint sources include fertilizer,
manure, and septic system leachate. The
performance standards and prohibitions provide
that livestock operations have no:
What you can do to limit nonpoint pollution
Since the Plover River watershed sits upon
glacial sand plains, nutrients and pollutants
easily enter groundwater. We can help minimize
groundwater and surface water pollution by:
•
•
•
•
•
•
•
•
Overflow of manure storage structures;
•
Unconfined manure within a water
quality management area;
•
•
•
Direct runoff from a feedlot or stored
manure into waters of the state;
•
Unlimited accesses by livestock to waters
of the state in a location where high
concentrations of animals prevent the
maintenance of adequate sod cover.
Of the nonagricultural sources, most nonpoint
pollution is from on-site residential septic
systems. Urban influences include lawn
clippings, leaves, fertilizers, and herbicides/
pesticides from landscaping practices near
poorly buffered shoreline. Stormwater runoff
also carries salt, oil, grease, heavy metals and
contaminates from roadways. Other land uses
that can cause nonpoint source pollution include
mining, construction, urban and rural
development, and timber harvest.
Limiting land disturbances;
Reducing chances of soil erosion and
sediment loss;
Limiting or lessening the amount of
paved surfaces;
Managing septic systems properly;
Maintaining a thick vegetation buffer
along waterways;
Minimizing fertilizer and pesticide use
by choosing crops with lower
requirements;
Using, storing, and disposing of
chemicals properly;
Cleaning antifreeze, oil, and grease from
driveways so they are not washed into
storm sewers;
Carefully disposing of garbage and lawn
clippings.
Stormwater
collects
pollutants from
the land and
empties them
into streams and
rivers
Picture by:
http://www.
raingardens.org/
To learn more about the state’s nonpoint
pollution program, visit http://www.dnr.state.wi.
us/org/water/wm/nps/pdf/GeneralRulesPub.pdf
or contact the DNR for further
information (contact #4).
River Owners’ Handbook 17
River Owners’ Handbook 18
appendix
Educational/Informational Contacts:
1) Center for Land Use Education
College of Natural Resources - 1900 Franklin St.
Stevens Point, WI 54481
(715) 346-2278
http://www.uwsp.edu/cnr/landcenter/Index.html
2) Center for Watershed Science & Education
UWSP- College of Natural Resources, Room 224
Stevens Point, WI 54481
(715) 346-4270
http://www.uwsp.edu/cnr/watersheds/
3) Community Foundation of Portage County
PO Box 968
Stevens Point, WI 54481
(715) 342-4454
4) Department of Natural Resources
Box 7921
Madison, WI 53707
(608) 266-2621
www.dnr.state.wi.us
4a) DNR Wetland Team: (608) 266-7360
4b) Portage County DNR Forester: (715) 344-2752
5) Farm Service Agency
1462 Strongs Avenue
Stevens Point, WI 54481-3958
(715) 346-1313
http://www.fsa.usda.gov/wi/news/
6) Golden Sands Resource Conservation &
Development
1462 Strongs Avenue
Stevens Point, WI 54481-3958
(715) 343-6215
ebertb@co.portage.wi.us
www.goldensandsrcd.org
7) Land Conservation Departments
a) Portage County1462 Strongs Ave. Stevens Point, WI 54481
(715) 346-1324
b) Marathon County–
210 River Dr. Wausau, WI 54403-5449
(715) 261-6000
8) Natural Resources Conservation Service
1462 Strongs Avenue
Stevens Point, WI 54481-3958
(715) 346-1325
keith.widdel@wi.usda.gov
www.nrcs.usda.gov
9) Plover River Alliance
1032 Ridge Rd.
Stevens Point, WI 54481
(715) 344-9077
10) Portage County Parks Department
1462 Strongs Ave.
Stevens Point, WI 54481
(715) 346-1433
http://www.co.portage.wi.us/Parks%20Department/
parks_department.htm
11) Portage County Planning and Zoning Department
1462 Strongs Ave
Stevens Point, WI 54481
(715) 346-1334
http://www.co.portage.wi.us/Planning&Zoning/P&Z.htm
12) Portage County UW-Extension
1462 Strongs Ave.
Stevens Point, WI 54481-3598
(715) 346-1316
http://www.uwex.edu/ces/cty/portage/
13) Portage County Water Quality Specialist
1462 Strongs Ave
Stevens Point, WI 54481
(715) 346-1334
schmidtr@co.portage.wi.us
14) U.S. Army Corp of Engineers
1314 Contractors Blvd.
Plover, WI 54467
(715) 345-7911
http://www.usace.army.mil/
15) U.S. Fish and Wildlife Service
Necedah National Wildlife Refuge
W7996 20th Street West
Necedah, WI 54646
(608) 565-2551
www.fws.gov
Acknowledgements
Thanks to the Community Foundation of Portage County
for a grant that allowed us to prepare this handbook.
Supporters of this project included:
• Farm Service Agency
• Golden Sands RC&D
• Plover River Alliance
• Portage County Parks Department
• Portage County Planning & Zoning
Department
• Portage and Marathon County Land
Conservation Departments
• University of Wisconsin Stevens Point - Center for
Land Use Education
• University of Wisconsin Stevens Point - College of
Natural Resources
• Wisconsin Department of Natural Resources
River Owners’ Handbook 19
Plover River Alliance
1032 Ridge Road,
Stevens Point, WI
54481
Golden Sands RC&D
Center for Land Use Education
Cooperative Extension and College of Natural Resources
University of Wisconsin - Stevens Point