AB590: Bill Text

AB590, s. 15 Section 15. 30.44 (3) (c) 2n. of the statutes is created to read:

AB590,5,18 30.44 (3) (c) 2n. The cutting of timber that is necessary for the construction, reconstruction, modification, repair or maintenance of a recreational trail.

AB590, s. 16 Section 16. 30.44 (3e) of the statutes is created to read:

AB590,5,22 30.44 (3e) Mining; quarrying. (a) A person shall apply for and receive a permit before doing any of the following on land in the riverway that is not visible from the river when the leaves are on the deciduous trees:

AB590,5,23 1. Beginning a mining or quarrying activity.

AB590,5,24 2. Expanding a mining or quarrying activity.

AB590,6,2 (b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:

AB590,6,5 1. Any structure and any stockpiled minerals or soil associated with the mining or quarrying activity may not be visible from the river when the leaves are on the deciduous trees.

AB590,6,7 2. The excavation for the mining or quarrying activity may not be visible from the river when the leaves are on the deciduous trees.

AB590, s. 17 Section 17. 30.44 (7) of the statutes is amended to read:

AB590,6,13 30.44 (7) Conditions on permits. The board or county may impose on a permit a condition that is necessary to assure compliance with the performance standards in subs. (1) to (5) or to assure that the activity is completed within a reasonable time, except that only the board may impose such a condition on a permit issued under sub. (3), (3m) or (4).

AB590, s. 18 Section 18. 30.44 (8) (a) of the statutes is amended to read:

AB590,6,17 30.44 (8) (a) Except as provided under sub. (1) (f), a person shall apply for and be issued by the board a permit for an activity in subs. (1), (2) and to (5) for land in the riverway that is not zoned shorelands under s. 59.971.

AB590, s. 19 Section 19. 30.44 (8) (am) of the statutes is repealed.

AB590, s. 20 Section 20. 30.44 (8) (b) and (c) (intro.) of the statutes are amended to read:

AB590,6,21 30.44 (8) (b) The board may not issue a permit under par. (a) or (am) if the performance standards for the activity are not met.

AB590,6,25 (c) (intro.) The board may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway that is not zoned shorelands under s. 59.971 if one of the following applies:

AB590, s. 21 Section 21. 30.44 (9) of the statutes is repealed.

AB590, s. 22 Section 22. 30.44 (10) (a) of the statutes is amended to read:

AB590,7,6 30.44 (10) (a) The board or a county shall revoke a permit it issued under sub. (8) or s. 30.44 (9), 1993 stats., if a person fails to comply with the performance standards for the permit that are not waived under sub. (8) (c) or s. 30.44 (9) (c), 1993 stats.

AB590, s. 23 Section 23. 30.44 (11) of the statutes is repealed.

AB590, s. 24 Section 24. 30.45 (2) of the statutes is amended to read:

AB590,7,10 30.45 (2) No person may violate a condition imposed under s. 30.44 (7) or under s. 30.44 (11) (d), 1993 stats.

AB590, s. 25 Section 25. 30.45 (3) (dg) of the statutes is created to read:

AB590,7,13 30.45 (3) (dg) Construction, reconstruction, modification, repair or maintenance of a recreational trail.

AB590, s. 26 Section 26. 30.45 (5) of the statutes is amended to read:

AB590,7,17 30.45 (5) No person may begin a mining or quarrying activity or expand a mining or quarrying activity on land that is visible from the river when the leaves are on the deciduous trees.

AB590, s. 27 Section 27. 30.45 (6m) of the statutes is created to read:

AB590,7,22 30.45 (6m) No person may construct, reconstruct or alter a recreational trail unless the recreational trail and any embankments, grading and associated structures are visually inconspicuous and are constructed with sufficient safeguards to prevent erosion.

AB590, s. 28 Section 28. Nonstatutory provisions; transfers of county actions.

AB590,8,3 (1) Applications submitted to a county for permits under section 30.44 (9), 1993 stats., that are pending in a county on the effective date of this subsection shall be transferred to the lower Wisconsin state riverway board for determinations of whether to issue the permits under section 30.44 (8) of the statutes, as affected by this act. 

AB590,8,8 (2)  Requests for waivers submitted to a county under section 30.44 (9) (c), 1993 stats., that are pending in a county on the effective date of this subsection shall be transferred to the lower Wisconsin state riverway board for determinations of whether to grant the waivers under section 30.44 (8) of the statutes, as affected by this act.

AB590,8,12 (3)  Appeals of denials of permits under section 30.44 (9) (f), 1993 stats., that are pending in a county on the effective date of this subsection shall be transferred to the lower Wisconsin state riverway board for determinations of whether to issue the permits under section 30.44 (8) of the statutes, as affected by this act.

AB590,8,15 (4) The procedures under section 30.44 (11), 1993 stats., shall apply to reviews of waivers granted under section 30.44 (9) (c), 1993 stats., that are pending before the lower Wisconsin state riverway board on the effective date of this subsection. 

AB590, s. 29 Section 29. Nonstatutory provisions; rules for erosion prevention.

AB590,8,21 (1) The lower Wisconsin state riverway board shall submit proposed rules required under section 30.43 (4) of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this subsection. 

AB590,9,5 (2) Using the procedure under section 227.24 of the statutes, the lower Wisconsin state riverway board shall promulgate rules required under section 30.43 (4) of the statutes, as created by this act. The rules shall be in effect until the effective date of the rules submitted under subsection (1), regardless of whether the period of time during which they are in effect exceeds the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this subsection. 

AB590,9,6 (End)