Wisconsin Statutes 30.45 – Prohibited and restricted activities in the riverway
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In the riverway:
Terms Used In Wisconsin Statutes 30.45
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) No person may start or engage in an activity under s. 30.44 (1) to (5) or 30.445 without having any permit that is required under s. 30.44 or 30.445.
(1g) No person may cut or harvest timber unless par. (c) applies and either par. (a) or (b) applies:
(a) The person has a permit under s. 30.44 (3).
(b) The cutting or harvesting of the timber is exempt under s. 30.44 (3) (c).
(c) The cutting or harvesting complies with any rule promulgated under s. 30.42 (1) (d) which the person must comply with under s. 77.17 or 77.82 (11m).
(1r) No person may construct, modify or relocate a high-voltage transmission line unless it has been approved under s. 30.44 (3m) or 196.491 (3) (d) 3m.
(2) No person may violate a condition imposed under s. 30.44 (7) or under s. 30.44 (11) (d), 1993 stats.
(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:
(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.
(ag) An activity for which a permit has been issued under s. 30.44 or 30.445 and has not been revoked under s. 30.44 (10) or 30.445 (6).
(b) Maintenance of an easement or right-of-way for a utility facility.
(bn) Construction, reconstruction, modification, relocation, repair or maintenance of a high-voltage transmission line.
(cg) Construction, modification, reconstruction or repair of a wharf as allowed under sub. (9).
(cr) Maintenance of a structure by a person who complies with any provision of ss. 30.44 to 30.46 and subs. (1), (2) and (4) to (13) that applies to the structure.
(d) Maintenance of a right-of-way for a highway, private road, private drive or a railroad.
(de) Construction, reconstruction, modification or repair of a highway or a railroad.
(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.
(dg) Construction, reconstruction, modification, repair or maintenance of a recreational trail.
(dh) Modification, repair or reconstruction of a dam.
(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.
(dt) Cutting or harvesting timber if the cutting or harvesting complies with any rule promulgated under s. 30.42 (1) (d) which the landowner must comply with under s. 77.17 or 77.82 (11m).
(e) Removal of woody vegetation damaged by natural causes.
(f) Removal of woody vegetation that poses an imminent hazard to life or property.
(g) Cutting woody vegetation if the cutting complies with the rules promulgated under s. 30.43 (3).
(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:
(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.
(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.
(4) No person may store or dispose of junk as defined in s. 84.31 (2) (e).
(4m) Except as provided in sub. (4p), no person may store or dispose of solid waste unless the solid waste is:
(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
(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.
(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.
(5) No person may begin a mining activity or expand a mining activity, except as provided in sub. (5m) or s. 30.44 (3e).
(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.
(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.
(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.
(7) No person may erect a sign that is visible from the river other than:
(a) A sign erected by the department that is necessary for public use of the riverway.
(b) A sign erected by the state or municipality in charge of a highway.
(c) A sign that does not exceed 12 inches high by 12 inches long prohibiting or authorizing entry onto land.
(9) No person may:
(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.
(b) Repair a damaged wharf unless all of the following apply:
1. No municipal ordinance or other municipal regulation prohibits the repair.
2. The repaired wharf will not be larger in size or more visible from the river than it was immediately before it was damaged.
(10) No person may:
(a) Construct, relocate, replace or reconstruct a boat shelter.
(b) Have or maintain a boat shelter after November 15, 1990.
(13) No person may have or maintain a stairway or walkway unless sufficient safeguards are taken to minimize erosion.