30.44(3)(c)1.
1. Timber subject to a contract under
subch. I of ch. 77 that is in effect on October 31, 1989, except as provided in
s. 77.17.
30.44(3)(c)2.
2. Timber subject to an order designating managed forest land under
subch. VI of ch. 77 that is in effect on October 31, 1989, except as provided in
s. 77.82 (11m).
30.44(3)(c)2m.
2m. The cutting of timber that is necessary for maintenance of an easement or a right-of-way for a highway, a railroad, a high-voltage transmission line or a utility facility.
30.44(3)(c)2n.
2n. The cutting of timber that is necessary for the construction, reconstruction, modification, repair or maintenance of a recreational trail.
30.44(3)(c)2p.
2p. The cutting of timber that is necessary for maintenance of the right-of-way for a private drive or a private road if the width of the area subject to cutting does not exceed the minimum width necessary for safe travel, but not to exceed 20 feet for a private drive or 30 feet for a private road.
30.44(3)(c)2r.
2r. Diseased timber if a forester has issued a written determination that the timber is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the timber.
30.44(3)(c)4.
4. Timber cut on land that is more than 75 feet beyond the high-water mark of the river and that is owned or occupied by a person if the cut timber is used as firewood, fence posts or Christmas trees for agricultural or household use and if the cut timber is not sold or bartered to another person.
30.44(3)(c)5.
5. Timber cut pursuant to a written contract between private parties that is entered into before October 31, 1989, if a copy of the contract has been filed with the board before the next cutting that occurs after December 6, 1991, together with an affidavit on a form supplied by the board. The affidavit shall state that the contract was entered before October 31, 1989, and shall inform the person filing the contract and affidavit of the penalty for false swearing under
s. 946.32.
30.44(3e)(a)(a) A person shall apply for and receive a permit before beginning or expanding nonmetallic mining on land in the riverway that is not visible from the river when the leaves are on the deciduous trees.
30.44(3e)(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(3e)(b)1.
1. Any structure and any stockpiled minerals or soil associated with the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
30.44(3e)(b)2.
2. The excavation for the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
30.44(3m)
(3m) Utility facilities; high-voltage transmission lines. 30.44(3m)(a)(a) A person shall apply to and receive a permit from the board before constructing, modifying or relocating a utility facility or high-voltage transmission line that is in the riverway.
30.44(3m)(b)
(b) A person may not be issued a permit for an activity in
par. (a) unless the performance standard in
par. (c) is met and, for a high-voltage transmission line, the board finds that the activity will not impair, to the extent practicable, the scenic beauty or natural value of the riverway.
30.44(3m)(c)
(c) All reasonable efforts, as determined by the board, shall be taken to minimize the visual impact of the utility facility.
30.44(3m)(d)
(d) The use of an aboveground utility facility shall not be a basis for the board to determine that all reasonable efforts will not be taken to minimize the visual impact. The board may not require a high-voltage transmission line to be placed underground in order to make the finding specified in
par. (b).
30.44(4)(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(4)(a)1.
1. Construction or modification of a public access site.
30.44(4)(a)2.
2. Repair of a damaged public access site or reconstruction of a destroyed public access site unless exempt under
par. (d).
30.44(4)(b)
(b) A person may not be issued a permit for an activity in
par. (a) unless the performance standard in
par. (c) is met.
30.44(4)(c)
(c) All reasonable efforts, as determined by the board, shall be taken to minimize the visual impact of the public access site, including the use of exterior colors that harmonize with the surroundings and the limited use of glass or other reflective materials.
30.44(4)(d)
(d) Paragraphs (a) to
(c) do not apply to the repair of a damaged public access site or to the reconstruction of a destroyed public access site if all of the following apply:
30.44(4)(d)1.
1. No municipal ordinance or other municipal regulation prohibits the repair or reconstruction.
30.44(4)(d)2.
2. The repaired or reconstructed public access site will not be larger in size or more visible from the river than it was immediately before it was damaged or destroyed.
30.44(5)(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(5)(a)1.
1. Construction, modification or reconstruction of a bridge.
30.44(5)(b)
(b) A person may not be issued a permit for an activity in
par. (a) unless the performance standard in
par. (c) is met.
30.44(5)(c)
(c) Visual impact shall be minimized by the use of exterior colors that harmonize with the surroundings and by the limited use of glass or other reflective materials.
30.44(5)(d)
(d) Paragraphs (a) and
(b) do not apply to the repair of a bridge in the riverway if all of the following are applicable:
30.44(5)(d)1.
1. No municipal ordinance or other municipal regulation prohibits the repair.
30.44(5)(d)2.
2. The repaired bridge will not be larger in size or more visible from the river than it was immediately before it was damaged.
30.44(7)
(7) Conditions on permits. The board may impose on a permit a condition that is necessary to assure compliance with the performance standards in
subs. (1) to
(5) or to assure that the activity is completed within a reasonable time.
30.44(8)(a)(a) Except as provided under
sub. (1) (f), a person shall apply for and be issued by the board a permit for an activity in
subs. (1) to
(5) for land in the riverway.
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. 101.1206 (1),
101.653 (2), or
281.33 (3) (a) 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. 101.1206 (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. 101.1206 (1) or
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.
30.445(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(2)
(2) No person may violate a condition imposed under
s. 30.44 (7) or under
s. 30.44 (11) (d), 1993 stats.
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.
