Lower WI State Riverway Board - Laserfiche WebLink

Home Browse Search

2. A municipality requests the waiver on behalf of a resident of a municipality; enforcement of the per- formance standard or prohibition will cause unneces- sary hardship to the resident and the visual impact of the activity will be minimized to the greatest degree possible. (d) For purposes of par. (c) 2, unnecessary hardship must be: 1. Compelling personal needs of the resident that are -not self-imposed or self-created and that are not solely based on the financial hardship of the resident; or 2. Natural causes beyond the control of the resident. (e) The board may not grant a waiver for unneces- sary hardship due to natural causes beyond the con- trol of the resident if the reason for granting the waiver is based solely on the financial hardship of the resident. (9) -COUNTY PRocEbu-RE (a) A person shall apply for and be issued by the county in which the land is located a permit for an activity in subs. (1) to (3) and (5) for land in the riverway that is in the county and that'is zoned shorelands under s. 59.971. (b) The county may not issue a permit under par. (a) if the performance standards for the activity are not met. (c) The county may grant a waiver of a perform- ance 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 for the activity under par. (a) if one of the following applies: . 1. A municipality requests the waiver that is neces- sary for municipal purposes. 2. A municipality requests the waiver on behalf of a resident of a municipality;. enforcement of the per- formance standard -or prohibition will cause unneces- sary, hardship to the resident'and the visual impact of the activity will be minimized to the greatest degree possible. (d) For purposes of par. (c) 2. unnecessary hardship must be: 1. Compelling personal needs of the resident that are not self-imposed or, self-created and that are not solely based on the financial hardship of'the resident; or 2. Natural causes beyond the control of the resident. (e) The county may not grant'a waiver for unneces- sary hardship due to natural causes beyond the con- trol of the resident if the reason for granting the waiver is based solely on the financial -hardship of the resident. (f) Notwithstanding s. 59.971 (4) (b), the proce- dures for appeals under s. 59.99 apply to denials of permits under this subsection. If the county does not have a county board of adjustment established under s.'59.99, the procedure established by the county that A is in lieu of the procedure for appeals in s. 59.99 shall apply. (10) REVOCATION OF PERMIT. (a) The board or a county shall revoke a permit it issued under sub. (8) or (9) if a person fails to comply with the performance standards for the permit that are not waived under sub. (8) (c) or (9) (c). (b) The board shall revoke a general permit issued under sub. (1) (f) if it finds the performance standard under sub. (1) (e) is not being met in the designated area. (11) BOARD REVIEW. Notwithstanding s. 59.971 (4) (b), if a county grants a waiver and issues a permit under sub. (9) (c), the following procedure shall apply in lieu of the procedures for appeals specified in sub. (9) (f): (a) Within 10 working days after the date the county makes its decision, the county shall file a copy of its permit, decision and any supportingmaterials with the board. (b) The board shall decide whether to accept the decision for review within 14 working days.after the filing. Until the board decides whether to accept the decision for review, no person may engage in the activ- ity for which the county granted the waiver and issued the permit. (c) If the board decides to accept the decision for review, it shall determine whether the waiver meets the requirements of sub. (9) (c). If the board determines that. the requirements of sub. (9) (c) are met, it shall approve the waiver. If the board determines that the requirements of sub. (9) (c) are not met, it shall deny the waiver. (d) If the board approves the waiver, it may impose on the waiver a condition that is necessary to assure compliance with any performance standard that has not been waived or to assure that the activity is com- pleted within a reasonable time. (e) If the board decides to accept the decision for review, no person may engage in the activity for which the county granted the waiver and issued the permit while the review is pending before the board. (f) If the board declines the decision for review, or fails to accept the decision for review within 14 work- ing days after the filing, the decision shall become final. 30.445 Piers. (1) No person may construct, relo- cate or modify a pier or reconstruct,a destroyed pier in the riverway. (2) No person may have or maintain a pier in the riverway after November 30, 1990, unless the board has issued a permit for the pier under sub. (3) and the board has not revoked the permit under sub. (6). (3) Any person who owns a pier in the riverway that was in existence on the effective date of this subsection October 31, 1989 may, before September I. 1990, apply for a permit from the board to have and maintain the pier. Upon application the board shall issue the permit.