30.44(8)(b)
(b) The board may not issue a permit under
par. (a) if the performance standards for the activity are not met.
30.44(8)(c)
(c) 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 if one of the following applies:
30.44(8)(c)1.
1. A municipality requests the waiver that is necessary for municipal purposes.
30.44(8)(c)2.
2. An individual requests the waiver, enforcement of the performance standard or prohibition will cause unnecessary hardship to the individual and the visual impact of the activity will be minimized to the greatest degree possible.
30.44(8)(d)1.
1. Compelling personal needs of the individual that are not self-imposed or self-created and that are not solely based on the financial hardship of the individual; or
30.44(8)(d)2.
2. Natural causes beyond the control of the individual.
30.44(8)(e)
(e) The board may not grant a waiver under
par. (c) 2. for unnecessary hardship due to natural causes beyond the control of the individual if the reason for granting the waiver is based solely on the financial hardship of the individual.
30.44(8)(f)1.1. The board may grant a waiver to modify a limitation for a wharf in the riverway, as specified under
s. 30.45 (9) (a), if an individual requests the waiver, if enforcement of the limitation will cause unnecessary hardship to the individual and if the visual impact of the wharf will be minimized to the greatest degree possible.
30.44(8)(f)2.
2. For purposes of
subd. 1., unnecessary hardship must be compelling personal needs of the individual that are not self-imposed or self-created and that are not solely based on the financial hardship of the individual.
30.44(10)(a)(a) The board shall revoke a permit 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.
30.44(10)(b)
(b) The board shall revoke a general permit issued under
sub. (1) (f) if it finds the performance standard under
sub. (1) (e) is not being met in the designated area.
30.44 Cross-reference
Cross Reference: See also chs.
NR 37 and
RB 2, Wis. adm. code.
30.443
30.443
Erosion prevention and control. 30.443(1)(a)
(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.
30.443(1)(b)
(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.
30.443(2)
(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.
30.443 History
History: 1995 a. 211.
30.445(1)(1) No person may construct, relocate or modify a pier or reconstruct a destroyed pier in the riverway.
30.445(2)
(2) No person may have or maintain a pier in the riverway after November 30, 1990, unless the board has issued a permit for the pier under
sub. (3) and the board has not revoked the permit under
sub. (6).
30.445(3)
(3) Any person who owns a pier in the riverway that was in existence on October 31, 1989, may, before September 1, 1990, apply for a permit from the board to have and maintain the pier. Upon application the board shall issue the permit.
30.445(3m)(a)(a) Notwithstanding
subs. (2),
(3) and
(7), the board shall issue a permit to have and maintain a pier in the riverway to an owner of a pier in the riverway that was in existence on October 31, 1989, if the person applies for the permit before September 1, 1992, and if at least a two-thirds majority of the board votes to approve the issuance of the permit.
30.445(3m)(b)
(b) If an owner fails to apply for a permit under
par. (a) before September 1, 1992, or to remove the pier before that date, or if the board fails to approve the permit, the owner shall remove the pier before July 1, 1993.
30.445(4)
(4) A permit issued under
sub. (3) or
(3m) authorizes the person to whom the permit is issued to have and maintain the pier in the riverway on the condition that it be maintained in at least as good condition as it was in on the date of the application for the permit.
30.445(5)
(5) A permit issued under
sub. (3) or
(3m) authorizes repairs to the pier unless any of the following applies:
30.445(5)(a)
(a) A municipal ordinance or other municipal regulation prohibits the repair.
30.445(5)(b)
(b) The repaired pier will be larger in size or more visible from the river than it was immediately before the damage.
30.445(6)
(6) The board shall revoke any permit issued under
sub. (3) or
(3m) if the owner of the pier does not comply with
sub. (4) or
(5).
30.445(7)
(7) If a person who owns a pier in the riverway that was in existence on October 31, 1989, does not apply for a permit from the board or has not removed the pier before September 1, 1990, the person shall remove the pier by November 30, 1990.
30.445(8)
(8) If a permit issued under
sub. (3) or
(3m) has been revoked, the owner of the pier shall remove the pier within 15 days after the revocation, or if the board grants additional time for the removal, within that time.
30.445(9)
(9) Subsections (1) to
(8) do not apply to a pier that is not located in the river and that is constructed after December 6, 1991.
30.445 History
History: 1989 a. 31;
1991 a. 76,
189,
315.
30.45
30.45
Prohibited and restricted activities in the riverway. In the riverway:
30.45(1g)
(1g) No person may cut or harvest timber unless
par. (c) applies and either
par. (a) or
(b) applies:
30.45(3)
(3) No person may cut woody vegetation below the ordinary high-water mark or within 75 feet beyond the ordinary high-water mark of the river except for the amount necessary for:
30.45(3)(a)
(a) One strip 15 feet or less in width for each separately owned parcel of land on the river that is necessary for gaining access to the river.
30.45(3)(b)
(b) Maintenance of an easement or right-of-way for a utility facility.
30.45(3)(bn)
(bn) Construction, reconstruction, modification, relocation, repair or maintenance of a high-voltage transmission line.
30.45(3)(cg)
(cg) Construction, modification, reconstruction or repair of a wharf as allowed under
sub. (9).
30.45(3)(cr)
(cr) Maintenance of a structure by a person who complies with any provision of
ss. 30.44 to
30.46 and
subs. (1),
(2) and
(4) to
(13) that applies to the structure.
30.45(3)(d)
(d) Maintenance of a right-of-way for a highway, private road, private drive or a railroad.
30.45(3)(de)
(de) Construction, reconstruction, modification or repair of a highway or a railroad.
30.45(3)(df)
(df) Construction, reconstruction, modification or repair of a private drive or private road if the width of the area subject to cutting does not exceed the minimum width necessary for safe travel, not to exceed 20 feet for a private drive or 30 feet for a private road.
30.45(3)(dg)
(dg) Construction, reconstruction, modification, repair or maintenance of a recreational trail.
30.45(3)(dh)
(dh) Modification, repair or reconstruction of a dam.
30.45(3)(dp)
(dp) Removal of diseased woody vegetation if a forester has issued a written determination that the woody vegetation is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the woody vegetation.
30.45(3)(e)
(e) Removal of woody vegetation damaged by natural causes.
30.45(3)(f)
(f) Removal of woody vegetation that poses an imminent hazard to life or property.
30.45(3)(g)
(g) Cutting woody vegetation if the cutting complies with the rules promulgated under
s. 30.43 (3).
30.45(3m)
(3m) No person may cut woody vegetation on land that is more than 75 feet beyond the ordinary high-water mark of the river except:
30.45(3m)(b)
(b) For woody vegetation cut on land owned or occupied by a person if the cut woody vegetation is used as firewood, fence posts or Christmas trees for agricultural or household use and if the cut woody vegetation is not sold or bartered to another person.
30.45(3p)
(3p) The restrictions against the cutting of woody vegetation under
subs. (3) and
(3m) do not apply to the cutting of woody vegetation that complies with sound horticultural or arboricultural practices, that does not involve the severing of the woody vegetation from the ground and that does not increase the visibility of any structure from the river.
30.45(4m)
(4m) Except as provided in
sub. (4p), no person may store or dispose of solid waste unless the solid waste is:
30.45(4m)(a)
(a) Nonhazardous sludges from a treatment work, as defined under
s. 283.01 (18), that is spread as a soil conditioner or a nutrient on land that is in agricultural use; or
30.45(4m)(b)
(b) Unmanipulated animal or vegetable manure, as defined in
s. 94.64 (1) (t), that is spread as a soil conditioner or a nutrient on land that is in agricultural use.
30.45(4p)
(4p) No person may dispose of the debris resulting from the demolition of a building or a building foundation unless the disposal is on the same parcel on which the demolition site is located, the debris is of a type that is not required under
s. 289.43 (8) (b) 1. to be disposed of in a licensed solid waste disposal facility and the debris is buried.
30.45(5)
(5) No person may begin a mining activity or expand a mining activity, except as provided in
sub. (5m) or
s. 30.44 (3e).
30.45(5m)
(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.
30.45(6)
(6) No person may construct, reconstruct or alter a highway or private road unless the highway or private road and any embankments, grading, rock cuts or associated structures are visually inconspicuous and are constructed with sufficient safeguards to prevent erosion.
30.45(6m)
(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.
30.45(7)
(7) No person may erect a sign that is visible from the river other than:
30.45(7)(a)
(a) A sign erected by the department that is necessary for public use of the riverway.
30.45(7)(b)
(b) A sign erected by the state or municipality in charge of a highway.
30.45(7)(c)
(c) A sign that does not exceed 12 inches high by 12 inches long prohibiting or authorizing entry onto land.
30.45(9)(a)
(a) Construct or modify a wharf or reconstruct a destroyed wharf unless it will be 20 feet or less in length and 3 feet or less in width and it will not have a railing or other structure extending above its deck.
30.45(9)(b)
(b) Repair a damaged wharf unless all of the following apply:
30.45(9)(b)1.
1. No municipal ordinance or other municipal regulation prohibits the repair.
30.45(9)(b)2.
2. The repaired wharf will not be larger in size or more visible from the river than it was immediately before it was damaged.
30.45(10)(a)
(a) Construct, relocate, replace or reconstruct a boat shelter.
30.45(10)(b)
(b) Have or maintain a boat shelter after November 15, 1990.
