30.44 (3) (c) 2n. The cutting of timber that is necessary for the construction, reconstruction, modification, repair or maintenance of a recreational trail.
211,16
Section 16
. 30.44 (3e) of the statutes is created to read:
30.44 (3e) Nonmetallic mining. (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.
(b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:
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.
2. The excavation for the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
211,17
Section 17
. 30.44 (7) of the statutes is amended to read:
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).
211,18
Section 18
. 30.44 (8) (a) of the statutes is amended to read:
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.
211,19
Section 19
. 30.44 (8) (am) of the statutes is repealed.
211,20
Section 20
. 30.44 (8) (b) and (c) (intro.) of the statutes are amended to read:
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.
(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:
211,21
Section 21
. 30.44 (9) of the statutes is repealed.
211,22
Section 22
. 30.44 (10) (a) of the statutes is amended to read:
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.
211,23
Section 23
. 30.44 (11) of the statutes is repealed.
211,23m
Section 23m. 30.443 of the statutes is created to read:
30.443 Erosion prevention and control. (1) For activities under s. 30.44 (1) (b), the board may do any of the following:
(a) Promulgate rules establishing standards for erosion prevention or control at sites in the riverway that are not subject to the standards established under s. 101.1205 (1) or 101.653 (2) and that have a natural slope of 20% or less.
(b) Promulgate rules establishing standards for erosion prevention or control that are in addition to standards established under ss. 101.1205 (1) and 101.653 (2) for sites in the riverway that are subject to those standards and that have a natural slope of 12% or more but 20% or less.
(2) The board may impose any of the applicable standards established under sub. (1) (a) or (b) or ss. 101.1205 (1) and 101.653 (2) as a condition for receiving a permit under s. 30.44 (1), and the board may promulgate rules to enforce these standards in the riverway.
211,24
Section 24
. 30.45 (2) of the statutes is amended to read:
30.45 (2) No person may violate a condition imposed under s. 30.44 (7) or under s. 30.44 (11) (d)
, 1993 stats.
211,25
Section 25
. 30.45 (3) (dg) of the statutes is created to read:
30.45 (3) (dg) Construction, reconstruction, modification, repair or maintenance of a recreational trail.
211,26m
Section 26m. 30.45 (5) of the statutes is amended to read:
30.45 (5) No person may begin a mining or quarrying activity or expand a mining or quarrying activity
, except as provided in sub. (5m) or s. 30.44 (3e) .
211,26p
Section 26p. 30.45 (5m) of the statutes is created to read:
30.45 (5m) No person may begin or expand a nonmetallic mining activity on land that is visible from the river when the leaves are on the deciduous trees.
211,27
Section 27
. 30.45 (6m) of the statutes is created to read:
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.
211,27m
Section 27m. 30.455 (1) of the statutes is amended to read:
30.455 (1) Construction, reconstruction, design, maintenance, modification or repair activities, or nonmetallic mining or quarrying activities in the riverway, that are carried out under the direction and supervision of the department of transportation are not subject to ss. 30.44 to 30.45. At the earliest practical time before the commencement of these activities, the department of transportation shall notify and consult with the department and the board on the location, nature and extent of the proposed work.
211,28
Section 28
.
Nonstatutory provisions; transfers of county actions.
(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.
(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.
(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.
(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.
