SB47: Bill Text

2009 - 2010 LEGISLATURE

2009 Senate BILL 47

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 An Act to renumber and amend 30.26 (2); to repeal and recreate 30.26 (4) (title); and to create 30.26 (2) (a) 3. and 30.26 (5) of the statutes; relating to: designating 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 Section 1. 30.26 (2) of the statutes is renumbered 30.26 (2) (a) (intro.) and amended to read:

SB47,2,2 30.26 (2) (a) (intro.) The following rivers, or portions of rivers, are designated as wild rivers:

SB47,2,3 1. The Pike River in Marinette County, and the.

SB47,2,5 2. The Pine River and its tributary Popple River in Florence and Forest counties are designated as wild rivers and.

SB47,2,9 (b) The rivers designated under par. (a) shall receive special management to assure their preservation, protection and enhancement of their natural beauty, and their unique recreational and other inherent values in accordance with guidelines outlined in this section.

SB47, s. 2 Section 2. 30.26 (2) (a) 3. of the statutes is created to read:

SB47,2,11 30.26 (2) (a) 3. Portions of the Totogatic River as follows:

SB47,2,14 a. From the outlet of Totogatic Lake located in Bayfield County to the upstream end of Nelson Lake at the Southern edge of the walleye spawning refuge located in Sawyer County.

SB47,2,17 b. From a point 500 feet below the dam in the Totogatic Wildlife Area located in Washburn County to the upstream end of the Colton Flowage located in Washburn County.

SB47,2,20 c. From a point 500 feet below the dam that forms the Colton Flowage located in Washburn County to the point where the river crosses the Washburn-Douglas County line immediately above the upstream end of the Minong Flowage.

SB47,2,23 d. From the bridge on CTH "I" that crosses the river located in Washburn County to the confluence of the river with the Namekagon River located in Burnett County.

SB47, s. 3 Section 3. 30.26 (4) (title) of the statutes is repealed and recreated to read:

SB47,2,25 30.26 (4) (title) Snowmobiles and all-terrain vehicles.

SB47, s. 4 Section 4. 30.26 (5) of the statutes is created to read:

SB47,3,3 30.26 (5) Totogatic River. (a) As part of the management of the designated portions of the Totogatic River, all of the following shall apply:

SB47,3,6 1. The department may authorize the removal of natural obstructions from the portion of the river specified in sub. (2) (a) 3. a. if needed for the protection or growth of wild rice.

SB47,3,12 2. Any pier that is in place on the river on the effective date of this subdivision .... [LRB inserts date], may be maintained or replaced. A replacement pier may have no more boat slips than did the original pier and may not have a loading platform. A replacement pier shall either be limited to the dimensions of the original pier or the dimension requirements specified for piers in s. 30.12 (1g) (f), whichever dimensions result in a smaller square area for the pier.

SB47,3,18 3. Any bridge or water crossing that is used for recreational or forestry purposes and that is in place on the river on the effective date of this subdivision .... [LRB inserts date], may be maintained, modified, or replaced to the extent necessary to ensure public safety. Any such maintenance, modification, or replacement shall be performed in a manner that results in the least impact on the beauty and the natural condition of the river.

SB47,3,21 (b) Compliance with any applicable permitting or other requirements under ch. 30 is required for the maintenance, modification, and replacement activities authorized under this subsection.

SB47,3,22 (End)