Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 37 - Lower Wisconsin State Riverway Aesthetic Management Specifications For Cutting And Harvest Of Timber › Section NR 37.01 - Applicability

Current through June 24, 2024
This chapter applies to timber harvested under timber sale
				  contracts executed on or after October 31, 1989. Parties to contracts executed
				  before October 31, 1989 are encouraged to amend the contract to incorporate the
				  restrictions in this chapter. Timber harvest and cutting under timber sale
				  contracts executed on or after October 31, 1989, shall be consistent with
				  subch. IV of ch. 30, Stats., and the rules established in this chapter and
				  shall include specifications, terms and conditions necessary to ensure that
				  this chapter and subch. IV of ch. 30, Stats., are met.
Note
Statutory Provisions Related to the Cutting
				  of Woody Vegetations. These rules do not apply to nor govern the cutting of
				  woody vegetation (which includes trees that are not timber), that is prohibited
				  by statute. Exceptions to the prohibition are summarized below.
Section
				  30.45(3)
				  and (3m) prohibit the cutting of woody
				  vegetation (which includes trees that are not timber) on the land or riverbed
				  in the riverway except for the amount necessary for:
1. 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. (s.
				30.45(3)
				(a) and (3m) (a), Stats.)
2. An activity for which a permit has been
				issued, and not revoked, under section
				30.40 or
				30.445 of the statutes
				(permits for structures or mobile homes, walkways and stairways, cutting
				timber, utility facilities, bridges or piers). (s.
				30.45(3)
				(ag) and (3m) (a), Stats.)
3. An activity that s.
				30.44
				of the statutes exempts from a permit. (ss.
				30.45(3)
				(ar) and (3m) (a), Stats.)
4. Maintenance of an easement or right-of-way
				for a utility facility. (s.
				30.45(3)
				(b) and (3m) (a), Stats.)
5. Construction, reconstruction,
				modification, relocation, repair or maintenance of a high-voltage transmission
				line. (s.
				30.45(3)
				(bn) and (3m) (a), Stats.)
7. Construction, modification, reconstruction
				or repair of a wharf allowed under s.
				30.45(9)
				of the statutes. (s.
				30.45(3)
				(cg) and (3m) (a), Stats.)
8. Maintenance of a structure by a person who
				complies with the provisions of ss.
				30.44
				to
				30.46 and s.
				30.45(1),
				(2) and (4) to (13) of the statutes that
				apply to the structure. (s.
				30.45(3)
				(cr) and (3m) (a), Stats.)
9. Maintenance of a right-of-way for a
				highway, private road or a railroad. (s.
				30.45(3)
				(d) and (3m) (a), Stats.)
10. Modification, repair or reconstruction of
				a dam. (s.
				30.45(3)
				(dh), and (3m) (a), Stats.)
11. Removal of 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. (s.
				30.45(3)
				(dp) and (3m) (a), Stats.)
12. Removal of woody vegetation damaged by
				natural causes. (s.
				30.45(3)
				(e) and (3m) (a), Stats.)
13. Firewood for the person's agricultural or
				household use if the land owned or occupied by the person is more than 75 feet
				beyond the ordinary high water mark of the river. (s.
				30.45(3m)
				(b), Stats.)
14. Removal of woody vegetation necessary and
				reasonable for those agricultural use activities and structures specifically
				authorized under s.
				30.46,
				Stats.
Statutory Provisions Related to the Cutting of Woody
					 Vegetations . These rules do not apply to nor govern the cutting of woody
					 vegetation (which includes trees that are not timber), that is prohibited by
					 statute. Exceptions to the prohibition are summarized below.
Section
					 30.45(3)
					 and (3m) prohibit the cutting of woody
					 vegetation (which includes trees that are not timber) on the land or riverbed
					 in the riverway except for the amount necessary for:
1. 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. (s.
					 30.45(3)
					 (a) and (3m) (a), Stats.)
2. An activity for which a permit has been issued, and not
					 revoked, under section
					 30.40 or
					 30.445 of the statutes
					 (permits for structures or mobile homes, walkways and stairways, cutting
					 timber, utility facilities, bridges or piers). (s.
					 30.45(3)
					 (ag) and (3m) (a), Stats.)
3. An activity that s.
					 30.44
					 of the statutes exempts from a permit. (ss.
					 30.45(3)
					 (ar) and (3m) (a), Stats.)
4. Maintenance of an easement or right-of-way for a utility
					 facility. (s.
					 30.45(3)
					 (b) and (3m) (a), Stats.)
5. Construction, reconstruction, modification, relocation,
					 repair or maintenance of a high-voltage transmission line. (s.
					 30.45(3)
					 (bn) and (3m) (a), Stats.)
6. Construction, modification, reconstruction or repair of
					 a public access site allowed under s.
					 30.45(8)
					 of the statutes. (s.
					 30.45(3)
					 (c) and (3m) (a), Stats.)
7. Construction, modification, reconstruction or repair of
					 a wharf allowed under s.
					 30.45(9)
					 of the statutes. (s.
					 30.45(3)
					 (cg) and (3m) (a), Stats.)
8. Maintenance of a structure by a person who complies
					 with the provisions of ss.
					 30.44
					 to
					 30.46 and s.
					 30.45(1),
					 (2) and (4) to (13) of the statutes that
					 apply to the structure. (s.
					 30.45(3)
					 (cr) and (3m) (a), Stats.)
9. Maintenance of a right-of-way for a highway, private
					 road or a railroad. (s.
					 30.45(3)
					 (d) and (3m) (a), Stats.)
10. Modification, repair or reconstruction of a dam. (s.
					 30.45(3)
					 (dh), and (3m) (a), Stats.)
11. Removal of 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. (s.
					 30.45(3)
					 (dp) and (3m) (a), Stats.)
12. Removal of woody vegetation damaged by natural causes.
					 (s.
					 30.45(3)
					 (e) and (3m) (a), Stats.)
13. Firewood for the person's agricultural or household
					 use if the land owned or occupied by the person is more than 75 feet beyond the
					 ordinary high water mark of the river. (s.
					 30.45(3m)
					 (b), Stats.)
14. Removal of woody vegetation necessary and reasonable
					 for those agricultural use activities and structures specifically authorized
					 under s.
					 30.46,
					 Stats.