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
. 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.
The exemption under sub. (1)
does not apply unless the standard in par. (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.
The department of transportation, in consultation with the department, shall adopt standards to implement par. (b)
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.
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.
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:
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
The person otherwise complies with this subchapter in developing or using the land for agricultural use.
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.
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.
History: 1989 a. 31
; 1991 a. 189
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.
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.
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.
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.
does not apply to a natural person having a glass container on land in the riverway that is also in a state park.
History: 1989 a. 31
; 1993 a. 73
are in addition to and are not superseded by any law, rule, ordinance or other regulation governing an activity that occurs in the riverway.
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.
History: 1989 a. 31
; 1991 a. 189
Each day that a violation under par. (a)
continues is a separate violation.
Any person who intentionally violates s. 30.47
shall forfeit not more than $500.
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.
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.
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.
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.
The department shall record the issuances of warning notices for purposes of this paragraph.
If the plaintiff prevails in a civil action under par. (a)
, the court may grant:
A decree for specific performance for which the court may supervise compliance.
Other rights, remedies.
This section does not limit any other right or remedy provided by law.
History: 1989 a. 31
See also ch. NR 301
, Wis. adm. code.
REGULATION OF BOATING
“Application" includes the form designated by the department and any supporting document or other information that is submitted to the department.
“Associated equipment" means any system, part or component of a boat as originally manufactured or any similar system, part or component manufactured or sold for replacement, repair or improvement of the system, part or component; any accessory or equipment for, or appurtenance to, a boat and any marine safety article, accessory or equipment intended for or used by a person on board a boat except radio equipment.
“Boat" or “vessel" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.
“Certificate of number" means the certificate of number card, certification decal, and identification number issued by the department under the federally approved numbering system unless the context clearly indicates otherwise.
“Certification or registration document" means a certificate of number card, certification decal, registration certificate, registration card, temporary operating receipt, or registration decal.
“Commercial motorboat" means a motorboat while it is being operated to transport property or passengers for hire or while it is being used by its operator or owner to earn a livelihood or to gain a profit or both.
“Employ" means to make use of for any purpose other than maintenance.
“Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37
or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.
“Intoxicant" means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.
“Lake sanitary district" means a town sanitary district that has within its boundaries at least 60 percent of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1)
, for which a public inland lake protection and rehabilitation district is not in effect.
“Law enforcement officer" has the meaning specified under s. 165.85 (2) (c)
and includes a person appointed as a conservation warden by the department under s. 23.10 (1)
“Manufacturer" means any person engaged in the manufacture, construction or assembly of boats or associated equipment; the manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly and the importation into this state for sale of boats, associated equipment or components for boats.
“Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion.
“Nonmotorized boat" means a boat which is not a motorboat but which is designed and constructed to be used as a boat for transportation of a person or persons on water. This term includes, but is not limited to, any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.
“Operate" or “use" when used with reference to a motorboat, boat or vessel means to navigate or otherwise employ.
“Operation of a motorboat" means controlling the speed or direction of a motorboat, except a sailboat operating under sail alone.
“Operator" means a person who is engaged in the operation of a motorboat, who is responsible for the operation of a motorboat or who is supervising the operation of a motorboat.
“Owner" means the person who has lawful possession of a boat by virtue of legal title or equitable interest therein which entitles the person to lawful possession.
“Patrol boat" means a boat authorized by this state or by a local governmental unit for the purpose of law enforcement, search and rescue, fire fighting, emergency response, or water safety operations, including a water safety patrol unit.
“Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump or a caged propeller as its primary source of motive power and that is designed to be operated by a person standing on, kneeling on or sitting astride the watercraft.
“Proof," when used in reference to evidence of a certification or registration document or safety certificate, means the original certification or registration document or safety certificate issued by the department or an agent appointed under s. 30.52 (1m) (a) 3.
or any alternative form of proof designated by rule under s. 23.47 (1)
“Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of alcohol or other intoxicant in a person's blood, breath or urine.
“Refusal law" means s. 30.684 (5)
or a local ordinance in conformity with that subsection.
“Registration" means the registration certificate, registration card, and registration decal issued by the department.
“Restricted controlled substance" means any of the following:
A controlled substance included in schedule I under ch. 961
other than a tetrahydrocannabinol.