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.
30.45(13)
(13) No person may have or maintain a stairway or walkway unless sufficient safeguards are taken to minimize erosion.
30.452
30.452
Prohibited activities in the river. In the river, no person may:
30.452(1)
(1) Construct, relocate, replace or reconstruct a swimming raft.
30.452(2)
(2) Have or maintain a swimming raft after November 15, 1990.
30.452 History
History: 1991 a. 76, s.
42; Stats. 1991 s. 30.452.
30.455
30.455
Department of transportation activities. 30.455(1)(1) Construction, reconstruction, design, maintenance, modification or repair activities, or nonmetallic mining 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.
30.455(2)(a)(a) The exemption under
sub. (1) does not apply unless the standard in
par. (b) is met.
30.455(2)(b)
(b) To the extent it is economically and technically feasible, the department of transportation shall minimize the visual impact of the activity and any resulting highway or structure.
30.455(2)(c)
(c) The department of transportation, in consultation with the department, shall adopt standards to implement
par. (b).
30.455(3)
(3) If the department determines that there is reasonable cause to believe that an activity being carried out under this section or a resulting highway or structure is not in compliance with the standard in
sub. (2) (b), it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this section, may proceed with enforcement actions as the secretary considers appropriate.
30.455(4)
(4) Except as may be required under
s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this section.
30.46
30.46
Agricultural use. 30.46(1)(1) A person may develop or use land in the riverway for agricultural use that is not in agricultural use on October 31, 1989, if:
30.46(1)(a)
(a) The development and use comply with the rules for the soil and water resource management program promulgated by the department of agriculture, trade and consumer protection under
s. 92.14; and
30.46(1)(b)
(b) The person otherwise complies with this subchapter in developing or using the land for agricultural use.
30.46(2)
(2) Notwithstanding
sub. (1) (b), a person is not required to comply with rules for the soil and water resource management program promulgated under
s. 92.14 by the department of agriculture, trade and consumer protection for land in the riverway and that is in agricultural use on October 31, 1989.
30.46(3)
(3) Notwithstanding
sub. (1) (b),
s. 30.44 (1) does not apply to the construction, modification, repair or reconstruction of a structure that is used exclusively for agricultural use on land in the riverway if the land is in agricultural use on October 31, 1989.
30.46 History
History: 1989 a. 31;
1991 a. 189.
30.47
30.47
Restrictions on recreational use. 30.47(1)
(1) No natural person may operate a boat on public waters in the riverway without having an adequately sized waterproof container in the boat in which to place refuse.
30.47(2)
(2) No person may leave refuse on land in the riverway owned, managed, supervised or controlled by the department or on public waters in the riverway.
30.47(3)(a)(a) Except as provided in
par. (b), no person may have a glass container on land in the riverway owned, managed, supervised or controlled by the department or on islands or public waters in the riverway.
30.47(3)(b)1.1. Paragraph (a) does not apply to a natural person or his or her guest having a glass container on land in the riverway that the natural person owns or occupies as a tenant.
30.47(3)(b)2.
2. Paragraph (a) does not apply to a natural person having a glass container on land in the riverway that is also in a state park.
30.47 History
History: 1989 a. 31;
1993 a. 73.
30.48
30.48
Applicability. 30.48(1)(1)
Sections 30.44 to
30.47 are in addition to and are not superseded by any law, rule, ordinance or other regulation governing an activity that occurs in the riverway.
30.48(2)
(2) Sections 30.44 to
30.47 do not apply to land that is located in a city or village on October 31, 1989, or to land located within 0.5 mile of the corporate limits of a city or village on October 31, 1989, that is annexed to the city or village after October 31, 1989.
30.48 History
History: 1989 a. 31;
1991 a. 189.
30.49(1)(b)
(b) Each day that a violation under
par. (a) continues is a separate violation.
30.49(1)(d)
(d) Any person who intentionally violates
s. 30.47 shall forfeit not more than $500.
30.49(1)(f)1.1. For violations under
par. (c), if the alleged violator has not previously received a warning notice for a violation of the same statutory provision, the law enforcement officer or warden shall issue the violator a warning notice and may not issue a citation.
30.49(1)(f)2.
2. The warning notice under
subd. 1. shall inform the alleged violator of the action the alleged violator is required to take to be in compliance with the applicable statutory provision. If the warning notice requires the alleged violator to remedy the effects of the violation, the alleged violator has 30 days to do so unless
subd. 3. applies.
30.49(1)(f)3.
3. The alleged violator may request in writing from the board an extension of time to remedy the effects of the violation. The board for good cause may grant an extension of time.
30.49(1)(f)4.
4. If the alleged violator fails to comply with the warning notice, the law enforcement officer or warden may issue a citation. If the alleged violator complies with the warning notice, the law enforcement officer or warden may not issue a citation.
30.49(1)(f)5.
5. The department shall record the issuances of warning notices for purposes of this paragraph.
30.49(2)(b)
(b) If the plaintiff prevails in a civil action under
par. (a), the court may grant:
30.49(2)(b)3.
3. A decree for specific performance for which the court may supervise compliance.
30.49(3)
(3) Other rights, remedies. This section does not limit any other right or remedy provided by law.
30.49 History
History: 1989 a. 31.
