30.26(2)(a)2.
2. The Pine River and its tributary Popple River in Florence and Forest counties.
30.26(2)(a)3.
3. The portion of the Brunsweiler River, described as follows: from the point at which the Brunsweiler River leaves the SW-1/4 of the SW-1/4 of Sec. 22, T. 44 N., R. 4 W. downstream to the point at which the Brunsweiler River crosses the boundary of the Chequamegon-Nicolet National Forest in the NW-1/4 of Sec. 22, T. 45 N., R. 4 W. This portion of the Brunsweiler River shall be known as the “Martin Hanson Wild River".
30.26(2)(a)3m.a.
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.
30.26(2)(a)3m.b.
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.
30.26(2)(a)3m.c.
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.
30.26(2)(a)3m.d.
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.
30.26(2)(b)
(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.
30.26(3)
(3) Duties of department. The department in connection with wild rivers shall:
30.26(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.26(3)(b)
(b) Consult other state agencies and planning committees.
30.26(3)(c)
(c) Collaborate with county and town boards and local development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers.
30.26(3)(e)
(e) Seek the cooperation of the U.S. forest service, timber companies, county foresters and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.26(3)(f)
(f) Act as coordinator under this subsection.
30.26(4)
(4) Snowmobiles, all-terrain vehicles, utility terrain vehicles, and off-highway motorcycles. 30.26(4)(a)(a) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an all-terrain vehicle trail, as defined under
s. 23.33 (1) (d), by an off-highway motorcycle traveling on an off-highway motorcycle trail designated under sub.
(19) (b) [
s. 23.335 (19) (b)], or by a snowmobile traveling on a snowmobile trail, as defined under
s. 350.01 (17) that is constructed in any of the following locations:
30.26 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
30.26(4)(a)1.
1. Along the Nicolet State Trail where the trail crosses the existing railroad trestle over the Pine River and the Popple River.
30.26(4)(a)3.
3. In Florence County along County Highway N where the trail would cross the Pine River.
30.26(4)(b)
(b) The state shall permit all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, and snowmobiles to travel in a corridor across any state land that separates an all-terrain vehicle trail, an off-highway motorcycle trail, or a snowmobile trail and the bridges constructed at the locations listed under
par. (a).
30.26(5)(a)(a) As part of the management of the designated portion of the Brunsweiler River, all of the following shall apply:
30.26(5)(a)1.
1. The U.S. forest service may maintain the dam that impounds Beaver Dam Lake that is in place on April 29, 2009. If the U.S. forest service receives authorization from the department to abandon the dam, the department may carry out restoration activities to restore the natural appearance of the lake and the river.
30.26(5)(a)2.
2. The U.S. forest service may maintain or replace the boat landing on Mineral Lake that is in place on April 29, 2009.
30.26(5)(a)3.
3. Any pier that is in place on the river on April 29, 2009, may be maintained or replaced. A replacement pier may have no more boat slips than did the original pier. A replacement pier shall either be limited to the dimensions of the original pier or the dimension requirements specified in
s. 30.12 (1g) (f), whichever dimensions result in a smaller square area for the pier and any accompanying platform.
30.26(5)(b)
(b) Compliance with any applicable permitting or other requirements under
chs. 30 and
31 is required for the maintenance and replacement activities authorized under this subsection.
30.26(5m)(a)(a) As part of the management of the designated portions of the Totogatic River, all of the following shall apply:
30.26(5m)(a)1.
1. The department may authorize the removal of natural obstructions from the portion of the river specified in
sub. (2) (a) 3m. a. if needed for the protection or growth of wild rice.
30.26(5m)(a)2.
2. Any pier that is in place on the river on July 25, 2009, 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.
30.26(5m)(a)3.
3. Any bridge or water crossing that is used for recreational or forestry purposes and that is in place on the river on July 25, 2009, 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.
30.26(5m)(b)
(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.
30.265
30.265
Adopt a river program. The department shall establish an adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. The department shall keep records of information related to the program, including the pounds of rubbish collected, the number of volunteer hours provided, and descriptions of the debris found. The department shall publicly recognize volunteers who participate in the program.
30.265 History
History: 2001 a. 16,
104.
30.27
30.27
Lower St. Croix River preservation. 30.27(1)
(1)
Purpose. The Lower St. Croix River, between the dam near St. Croix Falls and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and recreational asset. The preservation of this unique scenic and recreational asset is in the public interest and will benefit the health and welfare of the citizens of Wisconsin. The state of Wisconsin is therefore determined that the Lower St. Croix River be included in the national wild and scenic rivers system under the wild and scenic rivers act, as amended,
16 USC 1271 to
1287, and the Lower St. Croix River act of 1972,
16 USC 1274 (a) (9). The purpose of this section is to ensure the continued eligibility of the Lower St. Croix River for inclusion in the national wild and scenic rivers system and to guarantee the protection of the wild, scenic and recreational qualities of the river for present and future generations.
30.27(2)(a)(a) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the Lower St. Croix River. The guidelines shall designate the boundaries of the areas to which they apply. In drafting the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to, the following:
30.27(2)(a)1.
1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefor, where such uses are inconsistent with the purposes of this section.
30.27(2)(a)2.
2. Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section.
30.27(2)(b)
(b) The standards established under
par. (a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under
s. 227.24, and such rules shall be effective and implemented and enforced under
sub. (3) until permanent rules are implemented under
sub. (3).
30.27(2)(c)
(c) The guidelines and standards established under
par. (a) for nonconforming structures that are subject to a city, village or town zoning ordinance adopted under
sub. (3) shall be the same as the guidelines and standards for nonconforming structures that are subject to a county zoning ordinance adopted under
sub. (3). The guidelines and standards established under
par. (a) shall allow a county, city, village or town zoning ordinance adopted under
sub. (3) to differentiate between nonconforming structures and nonconforming uses.
30.27(3)
(3) Implementation. Counties, cities, villages and towns lying, in whole or in part, within the areas affected by the guidelines adopted under
sub. (2) are empowered to and shall adopt zoning ordinances complying with the guidelines and standards adopted under
sub. (2) within 30 days after their effective date. If any county, city, village or town does not adopt an ordinance within the time limit prescribed, or if the department determines that an adopted ordinance does not satisfy the requirements of the guidelines and standards, the department shall immediately adopt such an ordinance. An ordinance adopted by the department shall be of the same effect as if adopted by the county, city, village or town, and the local authorities shall administer and enforce the ordinance in the same manner as if the county, city, village or town had adopted it. No zoning ordinance so adopted may be modified nor may any variance therefrom be granted by the county, city, village or town without the written consent of the department, except nothing in this section shall be construed to prohibit a county, city, village or town from adopting an ordinance more restrictive than that adopted by the department.
30.27 Cross-reference
Cross-reference: See also ch.
NR 118, Wis. adm. code.
30.27 Annotation
The federal Wild and Scenic Rivers Act did not preempt state and local governmental regulation of the Lower St. Croix River. The state has authority to exercise its police power in the federal zone, and this section remains in full force and effect. State v. St. Croix County,
2003 WI App 173,
266 Wis. 2d 498,
668 N.W.2d 743,
02-1645.
30.275
30.275
Scenic urban waterways. 30.275(1)
(1)
Legislative intent. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state's tourist industry, it is the intent of the legislature to improve some rivers and their watersheds. For this purpose a system of scenic urban waterways is established, but no river shall be designated as a scenic urban waterway without legislative act.
30.275(2)
(2) Designation. The following waters are designated scenic urban waterways and shall receive special management as provided under this section:
30.275(2)(a)
(a) The Illinois Fox River and its watershed and the Fox River, extending from Lake Winnebago to Green Bay, and its watershed.
30.275(2)(b)
(b) The Rock River consisting of all of the following:
30.275(2)(b)1.
1. The river from the point that the river flows into the city of Watertown to the point that it flows out of the city of Watertown.
30.275(2)(b)2.
2. The river from the point it flows into the city of Jefferson to the point it flows out of the city of Fort Atkinson.
30.275(2)(b)3.
3. The river from the point it flows into the city of Janesville to the Illinois border.
30.275(3)
(3) Duties of department. The department in connection with scenic urban waterways shall:
30.275(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.275(3)(b)
(b) Consult with other state agencies and planning committees and organizations.
30.275(3)(c)
(c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
30.275(3)(e)
(e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.275(3)(g)
(g) Develop the Wisconsin Fox River scenic urban waterway, as designated in
sub. (2), as a historic and recreational site.
30.275(4)
(4) Department authority. The department in connection with scenic urban waterways may:
30.275(4)(a)
(a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
30.275(4)(c)
(c) Undertake projects to improve surface water quality and surface water flow.
30.275(4)(d)
(d) Provide grants to municipalities, lake sanitary districts, as defined in
s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under
pars. (a) to
(c).
30.275 Cross-reference
Cross-reference: See also ch.
NR 50, Wis. adm. code.
30.277
30.277
Urban rivers grant program. 30.277(1b)(a)
(a) “Governmental unit" means a city, village, town, county or the Kickapoo reserve management board.
30.277(1m)
(1m) Funding. Beginning in fiscal year 1992-93, from the appropriation under
s. 20.866 (2) (tz), the department shall award grants to governmental units to assist them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under
s. 20.866 (2) (ta) beginning on July 1, 2000.
30.277(2)(a)(a) Grants awarded under this section from the appropriation under
s. 20.866 (2) (tz) shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.
30.277(2)(b)
(b) A grant awarded to a governmental unit under this section may be used to acquire land and may be used for a shoreline enhancement project. For purposes of this paragraph, “land" includes rights in land.
30.277(2)(c)
(c) Grants awarded under this section from the appropriation under
s. 20.866 (2) (ta) shall only be used for nature-based outdoor recreation.
30.277(3)
(3) Criteria for grants. The department shall consider all of the following criteria in awarding grants for projects under this section:
30.277(3)(a)
(a) The extent to which diverse outdoor recreational opportunities will be made available to all segments of the population.
30.277(3)(b)
(b) The extent of preservation or restoration, under the project, of an urban riverfront.
30.277(3)(d)
(d) The project's potential for increasing tourism.
30.277(3)(e)
(e) Whether significant planning has occurred in the area subject to the jurisdiction of the governmental unit prior to its request for a grant under this section.
30.277(3)(f)
(f) The level of support for the project demonstrated by the governmental unit, including financial support.
