- To effectively administer the law, the LWSRB shall pursue literal interpretations of the applicable statutes and administrative codes. Legal counsel; either the DNR Bureau of Legal Services or, when necessary, the Department of Justice; shall be consulted in cases in which application of the law is vague or subject to different interpretations. Requests for waivers or variances shall be scrutinized carefully for compliance with the applicable rules and requirements for issuances of such requests. Executive Director authority to grant permits shall be restricted to those permit requests which are clearly in compliance with the Riverway law. Permit requests which to not clearly adhere to the appropriate performance standards much be reviewed by the LWSRB or an authorized committee of the LWSRB prior to issuance of the permit. Requests for waivers shall also be reviewed by the LWSRB. Authority to issue waivers shall not be delegated to the Executive Director.
- By meeting with community leaders, the LWSRB will maintain open lines of communication with municipalities which have land within the Riverway. Through these lines of communication, the LWSRB will offer advice to municipalities regarding the minimization of the visual impact of development on lands within the municipality and the Riverway.
- After establishing a dialogue with the various Riverway communities, the LWSRB will be in a position to encourage municipalities to adopt ordinances or other rules and regulations which will insure that the scenic values of the lands within the municipalities are maintained. The LWSRB shall also offer technical assistance to municipalities in regard to formulating ordinances, rules or regulations similar to the performance standards delinieated by the Riverway law.
- To coordinate administration of the law in the shoreland zoned area under county jurisdiction, the Lower Wisconsin State Riverway Board shall establish a memorandum of understanding (MOU) with each of the respective counties. The MOU shall detail the methodology whereby the LWSRB shall provide technical assistance to the county regarding the application of the Riverway regulations to an activity within the shoreland zoned area. The MOU shall attempt to enhance the uniformity of administration of the performance standards in the shoreland zoned areas throughout the Riverway.
- Through annual reports, appearances at public/legislative hearings, and direct contact with individual legislators and appropriate committee chairpersons, the LWSRB shall insure that the Wisconsin Legislature is informed of the effectiveness of all aspects of the Riverway law. Emphasis shall be given to providing information to legislators with portions of their districts within the Riverway or to legislators with portions of their districts within the Riverway or to legislator who directly express an interest in the Riverway.
- The DNR Riverway Coordinator serves as a liaison between the DNR and the LWSRB. Similarly, the LWSRB Executive Director serves as a liaison between the two agencies. By maintaining a strong cooperative relationship and dialogue between the two agencies, advice and/or information regarding conflicts between the recreational use in the Riverway and the Riverway performance standards shall be transmitted from the LWSRB to the DNR. Appearances before the Natural Resources Board or meetings with the DNR Secretary or his/her designee shall transpire deemed necessary by the LWSRB or the DNR.
- Coordination of the property management objectives of the DNR for the Riverway with the aesthetic protection objectives of the LWSRB shall be accomplished through inter-agency communication and knowledge of the respective objectives of the agencies. The flow of both communication and knowledge shall be facilitated through the existing liaison relationships of the DNR Riverway Coordinator and LWSRB Executive Director.
- The monitoring of performance standard compliance shall occur through direct contact between the LWSRB and the DNR conversation wardens or local law enforcement personnel. Written correspondence regarding specific compliance matters and/or results of compliance investigations is preferable, although direct verbal communication between the LWSRB Executive Director and the DNR conservation warden or local law enforcement officer may suffice under special circumstances. The LWSRB shall instruct DNR conservation wardens in their enforcement role consistent with the appropriate statutes and administrative rules. The LWSRB shall also coordinate maintenance of records and operations procedure
- To coordinate DOT activities in the Riverway with the aesthetic protection objectives of the LWSRB, the LWSRB shall establish a MOU with the DOT. The MOU shall detail the procedures for balancing concerns regarding highway safety and design standards with aesthetic protection. The MOU shall encourage LWSRB review of DOT plans at the earliest practical time and shall encourage timely action by the LWSRB in providing technical assistance to the DOT regarding techniques to be employed to minimize the visual impact of the activity to the extent it is economically and technically feasible.
- A major aspect of the duties and responsibilities of the LWSRB shall be to provide information and technical assistance to landowners within the Riverway regarding the impact of the Riverway law on the operations or activities of landowners. The LWSRB shall provide advice and assistance to landowners through the Executive Director or through discourse at LWSRB meetings. All reasonable efforts shall be taken to insure a landowner may accomplish his/her goals and objectives within the constraints of the Riverway law. Technical assistance shall be provided through written correspondence, telephone contacts, on-site inspections, direct meetings between the landowner and the Executive Director and/or member so the LWSRB, or at regular business meetings of the LWSRB.
- An education and information program shall be established by the LWSRB in order to transmit accurate information regarding the Riverway law to landowners, local residents and the general public. Presentations before civic organizations and other groups, appearances at local governmental meetings, contacts with schools, use of media outlets, and direct mailings to landowners shall be tools used to implement the program.
- By participation in local endeavors designed to protect and preserve sites of historic or geological interest, the LWSRB shall assist local communities in preserving aspects of the natural character of the Riverway. Assistance may be provided regarding the impact of the preservation project on the Riverway or by the LWSRB serving as a conduit between the local group and other state agencies.
- The LWSRB shall provide assistance to municipalities who pursue economic development efforts consistent with protection and preservation of the scenic beauty and natural character of the Riverway. Assistance may take the form of direct participation in the project or through written/oral communications indicating the project is compatible with the scenic protection efforts in the Riverway.
- Retention of the LWSRB’s status as an independent state agency is a key aspect for the future success of the Riverway project. The independent status of the agency shall be guaranteed through effective administration of the law and through maintenance of positive and cooperative relationships with the Legislature, the Executive Office, the DNR, the DOT, other state agencies, local units of government, landowners, local residents and interest groups. Openness, accessibility, cooperation, high ethical standards and a firm commitment to ensuring the success of the Riverway project will assist in achieving this goal. Fiscal restraint and prudent administration of the LWSRB budget shall also insure the LWSRB remains an independent state agency.
- As requested, the LWSRB shall provide information regarding the experience of the LWSRB in administering the Riverway law. A position of advocacy for or opposition to any proposals not directly affecting the Riverway project shall not be taken by the LWSRB. All testimony delivered by the Executive Director or member of the LWSRB while acting as an agent of the LWSRB shall be for informational purposes only unless the LWSRB has requested action be taken.
Last Modified: 12/14/2004 3:57:17 PM