30.27(2)(a)(a) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the Lower St. Croix River. The guidelines shall designate the boundaries of the areas to which they apply. In drafting the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to, the following:
30.27(2)(a)1.
1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefor, where such uses are inconsistent with the purposes of this section.
30.27(2)(a)2.
2. Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section.
30.27(2)(b)
(b) The standards established under
par. (a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under
s. 227.24, and such rules shall be effective and implemented and enforced under
sub. (3) until permanent rules are implemented under
sub. (3).
30.27(2)(c)
(c) The guidelines and standards established under
par. (a) for nonconforming structures that are subject to a city, village or town zoning ordinance adopted under
sub. (3) shall be the same as the guidelines and standards for nonconforming structures that are subject to a county zoning ordinance adopted under
sub. (3). The guidelines and standards established under
par. (a) shall allow a county, city, village or town zoning ordinance adopted under
sub. (3) to differentiate between nonconforming structures and nonconforming uses.
30.27(3)
(3) Implementation. Counties, cities, villages and towns lying, in whole or in part, within the areas affected by the guidelines adopted under
sub. (2) are empowered to and shall adopt zoning ordinances complying with the guidelines and standards adopted under
sub. (2) within 30 days after their effective date. If any county, city, village or town does not adopt an ordinance within the time limit prescribed, or if the department determines that an adopted ordinance does not satisfy the requirements of the guidelines and standards, the department shall immediately adopt such an ordinance. An ordinance adopted by the department shall be of the same effect as if adopted by the county, city, village or town, and the local authorities shall administer and enforce the ordinance in the same manner as if the county, city, village or town had adopted it. No zoning ordinance so adopted may be modified nor may any variance therefrom be granted by the county, city, village or town without the written consent of the department, except nothing in this section shall be construed to prohibit a county, city, village or town from adopting an ordinance more restrictive than that adopted by the department.
30.27 Cross-reference
Cross Reference: See also ch.
NR 118, Wis. adm. code.
30.27 Annotation
The federal Wild and Scenic Rivers Act did not preempt state and local governmental regulation of the Lower St. Croix River. The state has authority to exercise its police power in the federal zone, and this section remains in full force and effect. State v. St. Croix County, 2003 WI App 173,
266 Wis. 2d 498,
668 N.W.2d 743,
02-1645.
30.275
30.275
Scenic urban waterways. 30.275(1)
(1)
Legislative intent. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state's tourist industry, it is the intent of the legislature to improve some rivers and their watersheds. For this purpose a system of scenic urban waterways is established, but no river shall be designated as a scenic urban waterway without legislative act.
30.275(2)
(2) Designation. The following waters are designated scenic urban waterways and shall receive special management as provided under this section:
30.275(2)(a)
(a) The Illinois Fox River and its watershed and the Fox River, extending from Lake Winnebago to Green Bay, and its watershed.
30.275(2)(b)
(b) The Rock River consisting of all of the following:
30.275(2)(b)1.
1. The river from the point that the river flows into the city of Watertown to the point that it flows out of the city of Watertown.
30.275(2)(b)2.
2. The river from the point it flows into the city of Jefferson to the point it flows out of the city of Fort Atkinson.
30.275(2)(b)3.
3. The river from the point it flows into the city of Janesville to the Illinois border.
30.275(3)
(3) Duties of department. The department in connection with scenic urban waterways shall:
30.275(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.275(3)(b)
(b) Consult with other state agencies and planning committees and organizations.
30.275(3)(c)
(c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
30.275(3)(e)
(e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.275(3)(g)
(g) Develop the Wisconsin Fox River scenic urban waterway, as designated in
sub. (2), as a historic and recreational site.
30.275(4)
(4) Department authority. The department in connection with scenic urban waterways may:
30.275(4)(a)
(a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
30.275(4)(c)
(c) Undertake projects to improve surface water quality and surface water flow.
30.275(4)(d)
(d) Provide grants to municipalities, lake sanitary districts, as defined in
s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under
pars. (a) to
(c).
30.275 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
30.277
30.277
Urban rivers grant program. 30.277(1b)(a)
(a) "Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.
30.277(1m)
(1m) Funding. Beginning in fiscal year 1992-93, from the appropriation under
s. 20.866 (2) (tz), the department shall award grants to governmental units to assist them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under
s. 20.866 (2) (ta) beginning on July 1, 2000.
30.277(2)(a)(a) Grants awarded under this section from the appropriation under
s. 20.866 (2) (tz) shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.
30.277(2)(b)
(b) A grant awarded to a governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, "land" includes rights in land.
30.277(2)(c)
(c) Grants awarded under this section from the appropriation under
s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.
30.277(3)
(3) Criteria for grants. The department shall consider all of the following criteria in awarding grants for projects under this section:
30.277(3)(a)
(a) The extent to which diverse outdoor recreational opportunities will be made available to all segments of the population.
30.277(3)(b)
(b) The extent of preservation or restoration, under the project, of an urban riverfront.
30.277(3)(d)
(d) The project's potential for increasing tourism.
30.277(3)(e)
(e) Whether significant planning has occurred in the area subject to the jurisdiction of the governmental unit prior to its request for a grant under this section.
30.277(3)(f)
(f) The level of support for the project demonstrated by the governmental unit, including financial support.
30.277(3)(g)
(g) Whether the project involves a joint effort by 2 or more governmental units.
30.277(3)(h)
(h) The potential benefits of the project to the overall economy of the area subject to the jurisdiction of the governmental unit.
30.277(3)(i)
(i) The extent to which the project preserves or highlights an area with significant historical or cultural value.
30.277(3)(j)
(j) The extent to which access by the public to the riverfront will be improved.
30.277(4)
(4) Cap on grants. No governmental unit may receive in any fiscal year more than 20% of the funds that are available for grants under this section.
30.277(4m)
(4m) Grants for Kickapoo. The department may not award a grant under this section from the appropriation under
s. 20.866 (2) (tz) to the Kickapoo reserve management board.
30.277(5)
(5) Contribution by governmental unit. To be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under
s. 20.370 or money appropriated under
s. 20.866 (2) (ta),
(tp) to
(tw),
(ty) or
(tz).
30.277(6)
(6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under
sub. (3) and the minimum number of criteria under
sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under
sub. (3), the department shall assign the greatest weight to the criterion under
sub. (3) (k). The department shall promulgate a rule specifying the types of projects that qualify as a shoreline enhancement project under this section.
30.277 Cross-reference
Cross Reference: See also ch.
NR 50, Wis. adm. code.
30.28
30.28
Fees for permits, approvals, determinations and hearings. 30.28(1)(1)
Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under
ss. 30.10 to
30.205,
30.207 and
30.21 to
30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.
30.28(2)(a)(a) For fees charged for permits and approvals under
ss. 30.10 to
30.205 and
30.21 to
30.27, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
30.28(2)(a)1.
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
30.28(2)(a)2.
2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
30.28(2)(a)3.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
30.28(2m)(a)(a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in
par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete.
30.28(2m)(b)
(b) If the applicant applies for a permit, requests an approval, or submits a notice under
s. 30.207 (7) after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
30.28(2m)(c)
(c) If more than one fee under
sub. (2) (a) or
s. 31.39 (2) (a) or
281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
30.28(2m)(d)
(d) The department, by rule, may increase any fee specified in
sub. (2) (a). The department, by rule, may increase a fee specified in
sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under
s. 30.207.
30.28(2r)(a)(a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:
30.28(2r)(a)1.
1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit under the rule promulgated under
par. (b) for that type of permit or approval.
30.28(2r)(a)2.
2. The department verifies that it will be able to comply with the request.
30.28(2r)(b)
(b) If the department promulgates a rule under
par. (a), the rule shall contain a time limit for each type of permit or approval classified under
sub. (2) (a) for determining whether the department will grant the permit or approval.
30.28(3)
(3) Exemptions. This section does not apply to projects funded in whole or in part by any federal agency or state agency.
30.28 Cross-reference
Cross Reference: See also ch.
NR 300, Wis. adm. code.
30.28 Annotation
The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83,
234 Wis. 2d 335,
610 N.W.2d 129.
30.285
30.285
Records of exemptions and permitted activities. 30.285(1)(1) On an annual basis, the department shall keep records of all of the following:
30.285(1)(b)
(b) The number of exemptions under
par. (a) for which the department required applications for individual permits or contracts.
30.285(1)(c)
(c) The number of exemptions under
par. (a) for which the department required applications to seek authorizations to proceed under general permits.
