30.38 AnnotationA fee assessed for revenue purposes, which bears no relation to the costs of maintaining harbor facilities, is a tax that is not authorized under sub. (9). Racine Marina Associates v. City of Racine, 175 Wis. 2d 614, 499 N.W.2d 715 (Ct. App. 1993). LOWER WISCONSIN STATE RIVERWAY
Subch. IV of ch. 30 Cross-referenceCross-reference: See also RB and s. NR 103.04, Wis. adm. code. 30.40(1)(1) “Agricultural use” means aquaculture; beekeeping; dairying; egg production; feedlots; grazing; floriculture; raising of livestock; raising of poultry; raising of fruits, nuts and berries; raising of grains, grass, mint and seed crops; raising of vegetables; and sod farming. 30.40(1r)(1r) “Bluff zone” means land in the riverway in the areas that are 200 feet in width from behind the bluff line to 100 feet below the bluff line. 30.40(2)(2) “Board” means the Lower Wisconsin State Riverway board. 30.40(3g)(3g) “Forester” means a person who is employed by the department to carry out assigned forest management responsibilities or who has received a bachelor’s or higher degree from a school of forestry with curriculum accredited by the society of American foresters in the management of forest resources. 30.40(3r)(3r) “High-voltage transmission line” means a conductor of electric energy exceeding one mile in length designed for operation at a nominal voltage of 100 kilovolts or more, together with associated facilities or structures. 30.40(4)(4) “Highway” means a way or thoroughfare, except a waterway, that is used for vehicular travel by the public. 30.40(7)(7) “Modify” means to renovate, remodel, expand in size or otherwise change a structure that is not damaged or destroyed. 30.40(9)(9) “Person” means a natural person, corporation, limited liability company, partnership, association, cooperative, unincorporated cooperative association, municipality or other local governmental unit, private or public utility, municipal power district, estate or trust, the United States, a federal agency, the state of Wisconsin or a state agency. 30.40(10)(10) Notwithstanding s. 30.01 (5), “pier” means a structure extending into the river from the shore with water on both sides. 30.40(10m)(10m) “Private drive” means a way in private ownership that is used for vehicular travel upon a single parcel of real property. 30.40(11)(11) “Private road” means a way or thoroughfare in private ownership and used for vehicular travel between 2 or more parcels of real property, not under common ownership, and a highway. 30.40(12)(12) “Public access site” means a site owned by the state or a municipality and that provides public access to the river for boats and for recreational users. “Public access site” includes a structure in conjunction with the site that is necessary for the operation and use by the public of the site. 30.40(12m)(12m) “Recreational trail” means an unpaved trail or pathway that is used for recreational purposes and is not necessary for access to the river due to the difficulty of the terrain. 30.40(13)(13) “Refuse” means combustible and noncombustible rubbish, including, but not limited to, ashes, paper, glass, cloth, wood, metal and litter. 30.40(14)(14) “River” means the Wisconsin River downstream from the dam at Prairie du Sac. 30.40(14m)(14m) “River edge zone” means land in the riverway in the areas that begin from the point at which tree growth begins at the edge of the river and that extend 75 feet landward from that point. 30.40(15)(15) “Riverway” means the area within the boundaries of the Lower Wisconsin State Riverway. 30.40(17)(17) “Stairway” means a structure constructed of wood or other material that is necessary due to the steepness of a slope for access to the river. 30.40(18)(18) “Structure” means a building, facility or other unit that is constructed or otherwise erected. 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 HistoryHistory: 1989 a. 31. 30.4230.42 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. 15.345 (8) (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(4)(4) Notwithstanding s. 15.03, the department shall process and forward all personnel and biennial budget requests by the board without change except as requested or concurred in by the board. 30.42 Cross-referenceCross-reference: See also ch. NR 37, Wis. adm. code. 30.4330.43 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. 30.43530.435 Board powers. The board may: 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. 30.4430.44 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).
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Chs. 23-34, Public Domain and the Trust Funds
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