Chapter RB 2

RB 2.05(4)(a) (a) The activity will not result in the structure being more visible from the river during leaf-on conditions;

RB 2.05(4)(b) (b) The exterior color harmonizes with the surroundings during leaf-on conditions; and

RB 2.05(4)(c) (c) There is no significant increase in the amount of glass or other reflective material; and

RB 2.05(5) (5) Other maintenance activities as described in a permit application and which are deemed as routine by a 2/3 majority vote by the board’s full membership.

RB 2.05 Note Note: The exclusion granted under this section pertains solely to structure permits under subch. IV, ch. 30, Stats., and does not relieve a person from compliance with other laws such as shoreland zoning restrictions.

RB 2.05 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93.

RB 2.06 RB 2.06 Prairies and native plant communities; wildlife habitat; archeological sites. In addition to timber and woody vegetation exemptions or exclusions provided in subch. IV of ch. 30, Stats., a person may cut or harvest timber or woody vegetation in the riverway if the cutting or harvesting is for the purpose of restoring or maintaining a prairie or other native plant community, enhancing wildlife habitat or to maintain confirmed archeological sites upon approval of a management plan by the department and issuance of a permit by the board under the following procedures:

RB 2.06(1) (1) Applications. Applications for management plans shall be made on forms prepared and provided by the department and shall include:

RB 2.06(1)(a) (a) Name and address. The applicant’s name and address;

RB 2.06(1)(b) (b) Management objectives. Clearly stated management objectives of the application;

RB 2.06(1)(c) (c) Schedule. An implementation schedule;

RB 2.06(1)(d) (d) Erosion control measures. Applicable erosion control measures for the project;

RB 2.06(1)(e) (e) Endangered or threatened species. Impacts on known populations of endangered or threatened species;

RB 2.06(1)(f) (f) Wildlife. Impacts on wildlife other than endangered or threatened species;

RB 2.06(1)(g) (g) Aesthetics. Impacts on natural aesthetics;

RB 2.06(1)(h) (h) Additional information. Such additional information as may be requested by the department or board.

RB 2.06 Note Note: Applications may be obtained from the Department of Natural Resources’ offices at Rt. 1, Box 10, Dodgeville, 53533; 5350 Hwy. 133E, Boscobel, 53805; Hwy. C, Spring Green, 53588; and, the Muscoda board office at 202 N. Wisconsin Avenue, Muscoda, 53573.

RB 2.06(2) (2) Department approval. The department shall review and approve the management plan within 30 days of receipt provided:

RB 2.06(2)(a) (a) Management objectives. It is reasonable to believe the management objectives can be successfully accomplished on the land;

RB 2.06(2)(b) (b) Erosion control safeguards. Erosion control safeguards deemed necessary are incorporated;

RB 2.06(2)(c) (c) Endangered and threatened species. Endangered or threatened species will not be adversely affected;

RB 2.06(2)(d) (d) Wildlife. Negative impacts on wildlife are minimal or are balanced by benefits to other plant or animal species;

RB 2.06(2)(e) (e) Area involved. The area of the project is reasonable and appropriate;

RB 2.06(2)(f) (f) Schedule. Implementation schedules for the project are realistic and reasonable.

RB 2.06(3) (3) Department denial. If the department denies a management plan or application, the basis for denial shall be in writing and provided to the applicant and the board.

RB 2.06(4) (4) Board approvals. The board shall act on department approved management plans within 30 days of receipt. The board shall approve plans provided:

RB 2.06(4)(a) (a) Scenic beauty; natural values. The plan is consistent with scenic beauty and natural values of the riverway; and

RB 2.06(4)(b) (b) Visual intrusion. The project will not cause an existing structure, public access site, utility facility, walkway, stairway or bridge to become visually conspicuous from the river during leaf-on conditions.

RB 2.06 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., Register March 2013 No. 687.

RB 2.07 RB 2.07 Mining and quarrying.

RB 2.07(1) (1) Prohibition. No person other than those engaged in mining or quarrying in the riverway on or prior to October 31, 1989, may engage in that activity in the riverway.

RB 2.07(2) (2) Active operations.

RB 2.07(2)(a) (a) Authorized operations. Persons engaged in mining or quarrying in the riverway on or prior to October 31, 1989, may continue the activity on the parcel of land upon which the activity is located if the activity is visually inconspicuous and if an affidavit on a form supplied by the board is filed with the board before January 1, 1994. The affidavit shall state the operation was active on October 31, 1989, and shall inform the person filing the affidavit the penalty for false swearing under s. 946.32, Stats.

RB 2.07(2)(b) (b) Area of authorization. The boundaries of the parcel of land mining and quarrying may be conducted on shall be those established in the description of the land in the lease, easement, deed or land contract executed prior to October 31, 1989 which establishes in the person engaged in the activity the interest in or authority to use the parcel. If the instrument described more than one parcel of land, the boundaries and authorized parcel shall be limited to land contiguous to the mining or quarrying activity. A copy of the lease, easement, deed or land contract executed prior to October 31, 1989, shall be filed with the board together with the affidavit required under par. (a).

RB 2.07 History History: Cr. Register, January, 1993, No. 445, eff. 2-1-93.