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3. The walkway or stairway shall be for pedestrians only. (c) Paragraphs (a) and (b) do not apply to the repair of a damaged stairway or walkway or to the reconstruction of a destroyed stairway or walkway if all of the following apply: I. No municipal ordinance or other municipal reg- ulation prohibits the repair or reconstruction. - 2. The repaired or reconstructed stairway or walk- way will not be larger in size or more visible from the river than it was immediately before it was damaged or destroyed. 4. The repaired or reconstructed stairway or walk- way shall be for pedestrians only. (3) FORESTRY. (a) A person shall apply for and receive a permit before cutting or harvesting timber on land in the riverway. (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (bn) is met. (bn) The cutting and harvesting of timber shall comply with the rules regulating timber cutting and harvesting promulgated by the department under s. 30.42 (1) (d). (c) This subsection does not apply to the following: 1. Timber subject to a contract under subch. I of ch. 77 that is in -effect on the effective date of this subdivi- sion .... October 31, 1989 except as provided in s. 77.17. 2. Timber subject to an order designating managed forest land under subch. Vi of ch. 77 that is in effect on the effective date of this subdivision .... 'October 31, 1989 except as provided in s. 77.82 (11m). 2g. Timber that is on land zoned shorelands under s. 59.971, that is located in a county that has adopted the rules regulating timber cutting and harvesting promulgated by the department under s. 30.42 (1) (d), and that is cut and harvested in compliance with these rules. 2m. The cutting of timber that is necessary for maintenance of an easement or a right-of-way for a high-voltage transmission line or a utility facility. 2r. Diseased timber if a forester has issued a written determination that the timber is subject to an actual, potential or incipient infestation or infection by an insect or disease that is harmful to the timber. 3. Timber damaged by natural causes. 4. Timber cut on land that is more than 75 feet beyond the high-water mark of the river and that is owned or occupied by a person if the timber cut is used as firewood for the person's agricultural or household use. (3m) UTILITY FACILITIES. (a) A person shall apply to and receive a permit from the board before con- structing, modifying or relocating a utility facility that is in the riverway. (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (c) is met. (c) All reasonable efforts, as determined by the board, shall be taken to minimize the visual impact of the utility facility. (d) The use of an aboveground utility facility shall not be a basis for the board to determine that all rea- sonable efforts will not be taken to minimize the visual impact. (5) BRIDGES. (a) A person shall apply for and receive a permit before starting any of the following activities on land in the riverway: 1. Construction, modification or reconstruction of a bridge. 2. Repair of a bridge unless exempt under par. (d). (b) A person may not be issued a permit for an activity in par. (a) unless the performance standard in par. (c) is met. (c) Visual impact shall be minimized by the use of exterior colors that harmonize with the surroundings and by the limited use of glass or other reflective materials. (d) Paragraphs (a) and (b) do not apply to the repair of a bridge in the riverway if all of the following are applicable: 1. No municipal ordinance or other municipal reg- ulation prohibits the repair. 2. The repaired _bridge will not be larger in size or more visible from the river than it was immediately before it was damaged. (7) CONDITIONS ON PERMtrs' The board or county may impose on a permit a condition that is necessary to assure compliance with the performance standards in subs. (1) to (5) or to assure that the activity is com- pleted within a reasonable time, except that only the board may impose such a condition on a permit issued under sub. (3m). (8) BOARD PROCEDURE. (a) Except as provided under sub. (1) (0, a person shall apply for and be issued by the board a permit for an activity in subs. (1) to (3) and (5) for land in the riverway that is not zoned shorelands under s. 59.971. (am) A person shall apply for and be issued by the board a permit for an activity in sub. (3m) for land in the riverway. (b) The board may not issue a permit under par. (a) or (am) if the performance standards for the activity are not met. (c) The board may grant a waiver of a performance standard for an activity in sub. (1) (b) or a waiver for an activity prohibited in s. 30.45 (3) or (3m) and issue a permit under par. (a) or (am) if one of the following applies: I. A municipality requests the waiver that is neces- sary for municipal purposes.