2009 - 2010 LEGISLATURE
February 5, 2009 - Introduced by Senators Jauch, Lassa, Hansen, Kedzie, Lehman,
Risser
and Wirch, cosponsored by Representatives Milroy, Berceau, Black,
Hubler, Jorgensen, Sherman, Spanbauer, Hraychuck
and Soletski. Referred
to Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB47,1,3 1An Act to renumber and amend 30.26 (2); to repeal and recreate 30.26 (4)
2(title); and to create 30.26 (2) (a) 3. and 30.26 (5) of the statutes; relating to:
3designating portions of the Totogatic River as a wild river.
Analysis by the Legislative Reference Bureau
Under current law, the legislature may designate rivers as part of the state's
wild river system. The Department of Natural Resources (DNR) administers the
system to preserve, protect, and enhance a river's natural beauty and unique
recreational value. This bill adds to the wild river system portions of the Totogatic
River. The bill also specifically allows DNR to authorize the removal of natural
obstructions in the river if needed for the growth of wild rice and allows for the
maintenance and replacement of piers and certain bridges and water crossings that
currently are in place on the designated portions of the river.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB47, s. 1 4Section 1. 30.26 (2) of the statutes is renumbered 30.26 (2) (a) (intro.) and
5amended to read:
SB47,2,2
130.26 (2) (a) (intro.) The following rivers, or portions of rivers, are designated
2as wild rivers:
SB47,2,3 31. The Pike River in Marinette County, and the.
SB47,2,5 42. The Pine River and its tributary Popple River in Florence and Forest
5counties are designated as wild rivers and.
SB47,2,9 6(b) The rivers designated under par. (a) shall receive special management to
7assure their preservation, protection and enhancement of their natural beauty, and
8their
unique recreational and other inherent values in accordance with guidelines
9outlined in this section.
SB47, s. 2 10Section 2. 30.26 (2) (a) 3. of the statutes is created to read:
SB47,2,1111 30.26 (2) (a) 3. Portions of the Totogatic River as follows:
SB47,2,1412 a. From the outlet of Totogatic Lake located in Bayfield County to the upstream
13end of Nelson Lake at the Southern edge of the walleye spawning refuge located in
14Sawyer County.
SB47,2,1715 b. From a point 500 feet below the dam in the Totogatic Wildlife Area located
16in Washburn County to the upstream end of the Colton Flowage located in Washburn
17County.
SB47,2,2018 c. From a point 500 feet below the dam that forms the Colton Flowage located
19in Washburn County to the point where the river crosses the Washburn-Douglas
20County line immediately above the upstream end of the Minong Flowage.
SB47,2,2321 d. From the bridge on CTH "I" that crosses the river located in Washburn
22County to the confluence of the river with the Namekagon River located in Burnett
23County.
SB47, s. 3 24Section 3. 30.26 (4) (title) of the statutes is repealed and recreated to read:
SB47,2,2525 30.26 (4) (title) Snowmobiles and all-terrain vehicles.
SB47, s. 4
1Section 4. 30.26 (5) of the statutes is created to read:
SB47,3,32 30.26 (5) Totogatic River. (a) As part of the management of the designated
3portions of the Totogatic River, all of the following shall apply:
SB47,3,64 1. The department may authorize the removal of natural obstructions from the
5portion of the river specified in sub. (2) (a) 3. a. if needed for the protection or growth
6of wild rice.
SB47,3,127 2. Any pier that is in place on the river on the effective date of this subdivision
8.... [LRB inserts date], may be maintained or replaced. A replacement pier may have
9no more boat slips than did the original pier and may not have a loading platform.
10A replacement pier shall either be limited to the dimensions of the original pier or
11the dimension requirements specified for piers in s. 30.12 (1g) (f), whichever
12dimensions result in a smaller square area for the pier.
SB47,3,1813 3. Any bridge or water crossing that is used for recreational or forestry purposes
14and that is in place on the river on the effective date of this subdivision .... [LRB
15inserts date], may be maintained, modified, or replaced to the extent necessary to
16ensure public safety. Any such maintenance, modification, or replacement shall be
17performed in a manner that results in the least impact on the beauty and the natural
18condition of the river.
SB47,3,2119 (b) Compliance with any applicable permitting or other requirements under ch.
2030 is required for the maintenance, modification, and replacement activities
21authorized under this subsection.
SB47,3,2222 (End)
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