(1) DEFINITIONS. In this section: (a) “Control” has the meaning given in s. 23.22 (1) (a). (b) “Motor vehicle” includes a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an all-terrain vehicle, as defined in s. 340.01 (2g) , and an off-highway motorcycle, as defined in s. 23.335 (1) (q). (c) “Outlying waters” has the meaning given in s. 29.001 (63). (2) PROHIBITION. Except as provided under sub. (3), no person may operate a motor vehicle in or on any navigable water or the exposed bed of a navigable water. (3) EXEMPTIONS. This section does not apply to: (a) Stream crossing. A person operating a motor vehicle to cross a stream by use of a bridge, culvert, ford or similar structure if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle. (b) Agriculture activities. A person operating a motor vehicle while the person is engaged in agricultural use, as defined under s. 91.01 (2). (c) Department activities. The department or any agent of the department operating a motor vehicle while the person is engaged in activities authorized by the department. (d) Activities for which a permit is issued. A person or agent of a person who is engaged in activities as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter. (e) Amphibious vehicles. A person operating an amphibious motor vehicle registered as a boat with the department if the amphibious vehicle enters the water at a boat launch or a ford. (f) Boat launching. A person operating a motor vehicle to launch or load a boat, canoe or other watercraft. (g) On frozen waters. A person operating a motor vehicle on the surface of any navigable waters which are frozen. (h) Access to frozen waters. A person operating a motor vehicle to cross the bed or banks of a navigable water in order to reach the surface of any navigable waters which are frozen if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle. (i) Controlling Phragmites. A person operating a motor vehicle in compliance with sub. (3m). (3m) CONTROLLING PHRAGMITES IN OUTLYING WATERS. A person may operate a motor vehicle in outlying waters if the operation meets all of the following requirements: (a) The operation of the motor vehicle is for the purpose of mowing or applying a herbicide for the purpose of controlling Phragmites australis. (b) The operation of the motor vehicle occurs only on the exposed bed of the outlying water. (c) The operation of the motor vehicle occurs between the period beginning on July 1 of a given year and ending on March 15 of the following year. (d) The mowing or application of the herbicide interferes with or destroys native species only to the degree that is necessary to control the invasive species Phragmites australis. (4) PENALTY. A person who violates this section shall forfeit $50 for the first offense and shall forfeit not more than $100 upon conviction of the same offense a 2nd or subsequent time within one year.
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