30.40(18m)
(18m) "Timber" means standing trees which, because of their size, quality and number, are marketable.
30.40(19)
(19) "Utility facility" means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure used for one of the following:
30.40(19)(a)
(a) The transmission or distribution of electrical power or light that is not a high-voltage transmission line.
30.40(19)(b)
(b) The transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication services.
30.40(20)
(20) "Visible from the river" means possible to be seen from any point on the river.
30.40(21)
(21) "Visually inconspicuous" means difficult to be seen and not readily noticeable from any point on the river during the time when the leaves are on the deciduous trees.
30.40(22)
(22) "Walkway" means a paved or unpaved trail or pathway or a structure constructed of wood or other material that is necessary due to the difficulty of the terrain for access to the river.
30.40(22m)
(22m) "Waterproof container" means a can, bucket, bag, box or other similar receptacle made of a material that retains its usefulness when exposed to water.
30.40(23)
(23) Notwithstanding
s. 30.01 (8), "wharf" means a structure in the river extending along the shore and generally connected with the uplands throughout its length.
30.40(23m)
(23m) "Woody vegetation" includes trees that are not timber.
30.41(1)(1) There is created a Lower Wisconsin State Riverway consisting of land as designated by the natural resources board.
30.41(2)
(2) The department shall publish as an appendix to
ch. NR 45, Wis. adm. code, a map and a description of the riverway.
30.41 History
History: 1989 a. 31.
30.42
30.42
Departmental duties, powers, prohibitions. 30.42(1)(a)
(a) Manage the land in the riverway under its ownership, supervision, management or control in conformity with
ss. 30.40 to
30.49.
30.42(1)(b)
(b) Promote to the recreational users of the riverway an appreciation of the physical characteristics of the riverway and an appreciation of the local history, traditions and culture of the river valley.
30.42(1)(c)
(c) Consult with the board and with municipalities located at least in part in or adjacent to the riverway on issues concerning the riverway.
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)(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 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.
30.435
30.435
Board powers. The board may:
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(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.
30.44
30.44
Permits and waivers; board procedures. 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)4.
4. Repair of a damaged structure or reconstruction of a destroyed structure 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)(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)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)(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:
