30.42(1)(d)1.1. Promulgate rules that are applicable only to land in the riverway to regulate the cutting and harvesting of timber so that the effect of cutting or harvesting of timber on the scenic beauty and the natural value of the riverway is minimized. For land that is in the river edge zone or the bluff zone, the rules promulgated under this paragraph shall require that the cutting and harvesting of timber be solely by selection cutting and that the minimum basal area for the residual stand of timber be 60 square feet per acre. The rules promulgated under this paragraph do not apply to any cutting or harvesting of timber subject to regulation under s. 30.43 (3).
30.42(1)(d)2. 2. For purposes of subd. 1., the department shall, by rule, define "basal area" and "selection cutting".
30.42(1)(e) (e) For each county named in s. 15.445 (3) (b), assign a department employee whose office is in the county to serve as a liaison representative on issues concerning the riverway.
30.42(1)(f) (f) Encourage an owner of land who on August 9, 1989, is subject to a contract under subch. I of ch. 77 or an order designating managed forest land under subch. VI of ch. 77 to voluntarily modify the contract or amend the order to require compliance with the rules regulating timber cutting and harvesting promulgated under par. (d).
30.42(2) (2) The department may:
30.42(2)(a) (a) Acquire land in the riverway under s. 23.09 (2) (d) including easements and rights in land under s. 23.09 (10).
30.42(2)(b) (b) Enter into agreements with other agencies or persons to provide continuing and necessary maintenance, management, protection, husbandry and support for the land in the riverway under the ownership, supervision, management or control of the department.
30.42(3) (3) Notwithstanding s. 227.11, the department may not promulgate rules interpreting or establishing procedures for ss. 30.44 to 30.46 except for the promulgation of rules under sub. (1) (d).
30.42 History History: 1989 a. 31; 1991 a. 76; 1995 a. 27, 211.
30.42 Cross-reference Cross-reference: See also ch. NR 37, Wis. adm. code.
30.43 30.43 Board duties. The board shall:
30.43(1) (1) Review applications for permits under s. 30.44 (1) to (5) and issue permits for activities that comply with their applicable performance standards.
30.43(3) (3) Promulgate rules establishing procedures for the cutting or harvesting of timber or the cutting of woody vegetation in order to restore or maintain prairies or other native plant communities, to enhance wildlife habitat or to maintain confirmed archaeological sites. The rules shall require the person proposing the cutting or harvesting to prepare a management plan and obtain approval of the management plan from the department.
30.43 History History: 1989 a. 31; 1991 a. 76; 1995 a. 211.
30.435 30.435 Board powers. The board may:
30.435(1) (1) Grant waivers under s. 30.44 (8) (c) and (f) and impose conditions under s. 30.44 (7).
30.435(2) (2) Issue general permits under s. 30.44 (1) (f).
30.435(2m) (2m) Promulgate rules and otherwise act under s. 30.443.
30.435(3) (3) Enter into contracts to carry out its duties and powers under ss. 30.40 to 30.49.
30.435(4) (4) Employ staff outside the classified service in accordance with s. 16.505.
30.435(5) (5) Inform or advise a municipality that has land located outside the riverway as to the impact the development of the land may have on the riverway.
30.435(6) (6) Advise or make a recommendation to a city or village that has land adjacent to the riverway to encourage the city or village to adopt ordinances or other rules or regulations that preserve the scenic value of that land.
30.435(7) (7) Report to the legislature on the effectiveness of ss. 30.44 to 30.49.
30.435(8) (8) Advise the department on any conflict between the recreational use in the riverway and ss. 30.44 (1) to (5), 30.445 and 30.45 to 30.48.
30.435(9) (9) Delegate to its staff the power to:
30.435(9)(a) (a) Issue, grant waivers to and impose conditions on permits, other than general permits.
30.435(9)(b) (b) Enter into contracts.
30.435 History History: 1989 a. 31; 1991 a. 76; 1995 a. 211.
30.44 30.44 Permits and waivers; board procedures.
30.44(1)(1) Structures; mobile homes.
30.44(1)(a)(a) For purposes of this subsection, notwithstanding s. 30.40 (18), "structure" excludes boat shelters, boathouses, bridges, dams, fishing rafts, fixed houseboats, piers, public access sites, stairways, swimming rafts, high-voltage transmission lines, utility facilities, walkways, wharves and any other structures that the board excludes by rule if the structures excluded by rule are of a minimal size or are of a type that is not visible from the river.
30.44(1)(b) (b) A person shall apply for and receive a permit before starting any of the following activities on land in the riverway:
30.44(1)(b)1. 1. Construction of a structure, including clearing or grading the land for the structure.
30.44(1)(b)2. 2. Placement or replacement of a mobile home.
30.44(1)(b)3. 3. Modification of a structure or a mobile home.
30.44(1)(b)4. 4. Repair of a damaged structure or reconstruction of a destroyed structure unless exempt under par. (g).
30.44(1)(b)5. 5. Repair of a mobile home unless exempt under par. (g).
30.44(1)(c) (c) A person may not be issued a permit for an activity in par. (b) on land that is visible from the river and that is in the riverway unless all of the following performance standards are met:
30.44(1)(c)1. 1. Sufficient vegetation exists on the land to allow the structure or mobile home to be visually inconspicuous.
30.44(1)(c)2. 2. The structure or mobile home shall not be higher than the surrounding vegetation during the time when the leaves are on the deciduous trees.
30.44(1)(c)3. 3. Visual impact shall be minimized by the use of exterior colors that harmonize with the natural surroundings during the time when the leaves are on the deciduous trees and by the limited use of glass or other reflective materials, except that a structure that is for agricultural use may be painted in a traditional manner in red or white.
30.44(1)(c)4. 4. The natural slope of the land shall be 20% or less.
30.44(1)(c)4m. 4m. The person being issued the permit will comply with any applicable standards that the board imposes under s. 30.443 (2).
30.44(1)(d) (d) A person may not be issued a permit for an activity in par. (b) on land that is not visible from the river and that is in the riverway unless the performance standard in par. (e) is met.
30.44(1)(e) (e) The height of the structure or mobile home shall not result in its being visible from the river.
30.44(1)(f) (f) For land in the riverway that is not visible from the river, the board may issue a general permit for an activity in par. (b) that is applicable to a designated area of the riverway instead of requiring applications for individual permits for the activity under par. (b). A person engaging in an activity in par. (b) in an area for which a general permit has been issued for the activity shall comply with the performance standard in par. (e).
30.44(1)(g) (g) Paragraphs (b) to (f) do not apply to the repair of a damaged structure or mobile home or to the reconstruction of a destroyed structure if all of the following apply:
30.44(1)(g)1. 1. No municipal ordinance or other municipal regulation prohibits the repair or reconstruction.
30.44(1)(g)2. 2. The repaired mobile home or the repaired or reconstructed structure will not be larger in size or more visible from the river than it was immediately before it was damaged or destroyed.
30.44(2) (2)Walkways; stairways.
30.44(2)(a)(a) A person shall apply for and receive a permit before starting any of the following activities on land in the riverway:
30.44(2)(a)1. 1. Construction of a stairway or walkway.
30.44(2)(a)2. 2. Modification of a stairway or walkway.
30.44(2)(a)3. 3. Repair of a damaged stairway or walkway or reconstruction of a destroyed stairway or walkway unless exempt under par. (c).
30.44(2)(b) (b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:
30.44(2)(b)1. 1. The walkway or stairway shall be visually inconspicuous.
30.44(2)(b)2. 2. The walkway or stairway shall have sufficient safeguards to minimize erosion.
30.44(2)(b)3. 3. The walkway or stairway shall be for pedestrians only.
30.44(2)(c) (c) Paragraphs (a) and (b) do not apply to the repair of a damaged stairway or walkway or to the reconstruction of a destroyed stairway or walkway if all of the following apply:
30.44(2)(c)1. 1. No municipal ordinance or other municipal regulation prohibits the repair or reconstruction.
30.44(2)(c)2. 2. The repaired or reconstructed stairway or walkway will not be larger in size or more visible from the river than it was immediately before it was damaged or destroyed.
30.44(2)(c)4. 4. The repaired or reconstructed stairway or walkway shall be for pedestrians only.
30.44(3) (3)Forestry.
30.44(3)(a)(a) A person shall apply for and receive a permit before cutting or harvesting timber on land in the riverway.
30.44(3)(b) (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (bn) is met.
30.44(3)(bn) (bn) The cutting and harvesting of timber shall comply with the rules regulating timber cutting and harvesting promulgated by the department under s. 30.42 (1) (d) or by the board under s. 30.43 (3).
30.44(3)(c) (c) This subsection does not apply to the following:
30.44(3)(c)1. 1. Timber subject to a contract under subch. I of ch. 77 that is in effect on October 31, 1989, except as provided in s. 77.17.
30.44(3)(c)2. 2. Timber subject to an order designating managed forest land under subch. VI of ch. 77 that is in effect on October 31, 1989, except as provided in s. 77.82 (11m).
30.44(3)(c)2m. 2m. The cutting of timber that is necessary for maintenance of an easement or a right-of-way for a highway, a railroad, a high-voltage transmission line or a utility facility.
30.44(3)(c)2n. 2n. The cutting of timber that is necessary for the construction, reconstruction, modification, repair or maintenance of a recreational trail.
30.44(3)(c)2p. 2p. The cutting of timber that is necessary for maintenance of the right-of-way for a private drive or a private road if the width of the area subject to cutting does not exceed the minimum width necessary for safe travel, but not to exceed 20 feet for a private drive or 30 feet for a private road.
30.44(3)(c)2r. 2r. Diseased timber if a forester has issued a written determination that the timber is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the timber.
30.44(3)(c)3. 3. Timber damaged by natural causes.
30.44(3)(c)4. 4. Timber cut on land that is more than 75 feet beyond the high-water mark of the river and that is owned or occupied by a person if the cut timber is used as firewood, fence posts or Christmas trees for agricultural or household use and if the cut timber is not sold or bartered to another person.
30.44(3)(c)5. 5. Timber cut pursuant to a written contract between private parties that is entered into before October 31, 1989, if a copy of the contract has been filed with the board before the next cutting that occurs after December 6, 1991, together with an affidavit on a form supplied by the board. The affidavit shall state that the contract was entered before October 31, 1989, and shall inform the person filing the contract and affidavit of the penalty for false swearing under s. 946.32.
30.44(3e) (3e)Nonmetallic mining.
30.44(3e)(a)(a) A person shall apply for and receive a permit before beginning or expanding nonmetallic mining on land in the riverway that is not visible from the river when the leaves are on the deciduous trees.
30.44(3e)(b) (b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:
30.44(3e)(b)1. 1. Any structure and any stockpiled minerals or soil associated with the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
30.44(3e)(b)2. 2. The excavation for the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
30.44(3m) (3m)Utility facilities; high-voltage transmission lines.
30.44(3m)(a)(a) A person shall apply to and receive a permit from the board before constructing, modifying or relocating a utility facility or high-voltage transmission line that is in the riverway.
30.44(3m)(b) (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (c) is met and, for a high-voltage transmission line, the board finds that the activity will not impair, to the extent practicable, the scenic beauty or natural value of the riverway.
30.44(3m)(c) (c) All reasonable efforts, as determined by the board, shall be taken to minimize the visual impact of the utility facility.
30.44(3m)(d) (d) The use of an aboveground utility facility shall not be a basis for the board to determine that all reasonable efforts will not be taken to minimize the visual impact. The board may not require a high-voltage transmission line to be placed underground in order to make the finding specified in par. (b).
30.44(4) (4)Public access sites.
30.44(4)(a)(a) A person shall apply for and receive a permit before starting any of the following activities on land in the riverway:
30.44(4)(a)1. 1. Construction or modification of a public access site.
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2011-12 Wisconsin Statutes updated through 2013 Wis. Act 380 and all Supreme Court Orders entered before Dec. 13, 2014. Published and certified under s. 35.18. Changes effective after Dec. 13, 2014 are designated by NOTES. (Published 12-13-14)