The Lower Wisconsin State Riverway was established in 1989 to protect and preserve the scenic beauty and natural character of the lower Wisconsin River valley. The Riverway encompasses over 96,000 acres of bluffs, bottomlands, islands and sandbars along the final 92 miles of the Wisconsin River.
The Lower Wisconsin State Riverway Board was also established in 1989. The Riverway Board is an independent state agency responsible for administering the aesthetic protection guidelines in the Riverway. The Riverway Board is composed of nine members; six members are local elected officials or local residents - one from each of the Riverway counties (Crawford, Dane, Grant, Iowa, Richland and Sauk) - and three members represent recreational user groups. (NOTE: A small portion of Columbia County is included within the project boundary.)
The Department of Natural Resources (DNR) also has responsibilities in the Riverway. The DNR manages all state-owned lands in the project and administers a program to purchase lands or easements from willing sellers only. The traditional areas of DNR responsibility (e.g.; wildlife management, fish management, forestry management, environmental quality, endangered resources, enforcement, etc.) continue in the Riverway.
In addition, all local ordinances and regulations remain in effect, including the county floodplain/shoreland zoning ordinances. Therefore, certain activities in the shoreland area may require a permit from the county zoning office.
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Regulated Activities
The following activities are regulated in the Riverway and require a permit from the Riverway Board before initiation of the activity:
- construction or modification of a structure;
- placement, replacement or modification of a mobile home;
- placement of a camping trailer on lands visible from the river for a period to exceed 30 days;
- placement of a camping trailer on lands not visible from the river for a period to exceed 180 days;
- construction or modification of a walkway/stairway which provides access to the river;
- timber harvesting;
- construction or modification of a utility facility;
- construction or modification of a public access site;
- construction or modification of certain bridges; and,
- vegetative removal for the purposes of prairie restoration, wildlife habitat improvement or maintenance of an archeological site.
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Prohibitions
Certain activities are prohibited in the Riverway. Prohibited activities include:
- cutting of woody vegetation unless specifically exempted;
- storage or disposal of junk or solid waste;
- mining or quarrying on lands visible from the river;
- construction of private roads unless visually inconspicuous and constructed with sufficient safeguards to prevent erosion;
- placement of signs on lands visible from the river other than "No Trespassing" signs;
- construction of piers (instead of piers, wharves up to 20 feet in length and 3 feet in width, parallel to the shoreline, are allowed); and,
- construction of boat shelters.
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Exemptions
A partial listing of exemptions to the prohibition on the cutting of woody vegetation are as follows:
- cutting in conjunction with a Riverway Board approved permit;
- cutting of an access strip to the river up to 15 feet in width;
- maintenance of a right-of-way for a utility facility, highway or railroad;
- maintenance of a private drive or private road (within prescribed limitations);
- removal of diseased or insect infested vegetation after a written determination is made by a certified forester that the disease or infestation exists;
- removal of woody vegetation damaged by natural causes;
- removal of woody vegetation that poses an imminent hazard to life or property;
- cutting of woody vegetation for use as firewood, fence posts or Christmas trees if not sold or bartered to another person; and,
- the pruning of woody vegetation that does not increase the visibility of any structure when viewed from the river.
For structures, most routine repair or maintenance activities do not require a permit from the Riverway Board as long as the activity will not result in the structure being larger in size or more visible from the river. Also, most small structures (e.g.; birdhouses, doghouses, bird feeders, etc.) do not require a permit. However, the Riverway Board encourages landowners to contact the office prior to beginning the repair or maintenance activity to insure a permit is not required.
Agricultural activities are also exempt from most of the Riverway regulations. The construction of buildings used exclusively for agricultural use (e.g.; barns, silos, chicken coops, etc.) are not subject to the Riverway regulations. Also, the cutting of woody vegetation to maintain a fence row or pasture does not require a Riverway permit.
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Performance Standards
The regulations governing activities in the Riverway are known as performance standards. The performance standards are designed to minimize the visual impact of the activity when viewed from the river during leaf-on conditions.
For structures built or modified on lands visible from the river, the following performance standards must be met before a permit may be issued by the Riverway Board:
- screening vegetation to make the structure visually inconspicuous (difficult to be seen or not readily noticeable) during leaf-on conditions;
- exterior color must harmonize with the natural surroundings during leaf-on conditions;
- only a limited amount of glass or reflective material may be utilized;
- the height of the structure may not exceed the height of the screening vegetation;
- the slope of the site must be 20% or less; and,
- erosion control procedures must be implemented both during and after construction.
- For construction or modification of structures on lands not visible from the river, the only limitation is on the height of the structure.
The regulations affecting timber harvesting also vary according to visibility from the river. For timber harvesting on lands not visible from the river, known as the Resource Management Zone, a general permit is issued by the Riverway Board which verifies the harvest area is not visible from the river. No restrictions are placed on timber harvesting in the Resource Management Zone.
In the Bluff Zone, a 200 foot wide strip on the top of the bluff, only selective harvesting is allowed. In the River Edge Zone, a 75 foot strip immediately adjacent to the river extending landward from the first tree on the river bank, only selective harvesting is allowed. In the Riverview Zone, mainly the hillsides visible from the river, selective harvesting and limited clear cutting is allowed. Restrictions on road building and harvest times also apply to the Bluff Zone, Riverview Zone and River Edge Zone.
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Permit Process
Before initiating an activity, the Riverway Board strongly encourages landowners to contact the office to determine if a permit is necessary. If a permit is required, an application is sent to the landowner which is completed and returned to the Riverway Board. A site inspection by the Riverway Board Executive Director is then scheduled. If possible, the landowner or his/her representative should be present for the site inspection. The site inspection will determine which aspects of the regulations apply to the activity.
If the site of the proposed activity is located on lands not visible from the river, a general permit may be issued by the Executive Director. If the site of the proposed activity is located on lands visible from the river, the application must be reviewed by the Riverway Board at a regular meeting held the second Thursday of each month. The application is reviewed for compliance with the applicable performance standards. Conditions may be placed on a permit issued by the Riverway Board to insure the activity adheres to the regulations.
The permit process may take as little as one or two days or may take as long as five weeks, depending on when the application is received by the Riverway Board. Therefore, contacting the Riverway Board office ahead of time may help in avoiding delays. The Riverway Board does not charge a fee for any permits. The Executive Director is also available for consultation before an application is formally submitted.
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Riverway Contacts
The Lower Wisconsin State Riverway Board office is located at 202 N. Wisconsin Avenue in Muscoda. The office is open from 8:00 a.m.-12:00 noon and 1:00 p.m.-5:00 p.m., Monday through Friday, or by appointment. The office may be reached by calling 1-800-221-3792 or (608) 739-3188 or by email at
mark.cupp@wi.gov The office facsimile number is (608) 739-4263. Mark E. Cupp serves as Executive Director of the Riverway Board. The mailing address is listed below:
Lower Wisconsin State Riverway Board
P.O. Box 187
Muscoda, WI 53573
For questions regarding DNR activities in the Riverway, contact the DNR Property Manager at the following address or telephone number:
Department of Natural Resources
5808 County Highway C
Spring Green WI, 53588
608-588-7723
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Publications
The following documents are available from the Riverway Board upon request.
- Permit applications
- Lower Wisconsin State Riverway Law
- Chapter NR 37, Wisconsin Administrative Code (timber harvesting regulations)
- Chapters RB 1 and RB 2, Wisconsin Administrative Code (goals; objectives; definitions; permit exclusions, exemptions, procedures)
- Screening Vegetation brochure
- Timber Harvesting Regulations fact sheet
- Riverway Board Biennial Report
- Riverway Board Strategic Plan
- Marketing Timber (UW-Extension publication)
- Guide to Oak Management (UW-Extension publication)
- Building on a Wood Lot (DNR publication)
- Oak Wilt in Wisconsin (DNR publication)
- Mileage Between Popular Boat Landings Chart
- Recreational Use Restrictions
- Safety Brochure