2015 WISCONSIN ACT 387
An Act to repeal 30.01 (1am) (c) and 30.12 (3) (a) 6. a., b. and c.; to renumber 281.16 (2) (am) 1. a.; to renumber and amend 30.12 (3) (a) 6. (intro.), 30.121 (3c), 30.121 (3w) (c) and 281.36 (3n) (a); to amend 30.01 (1am) (a), (b) and (bm), 30.01 (1d), 30.025 (5), 30.12 (1k) (f), 30.12 (3) (a) 13., 30.12 (3) (c), 30.121 (1), 30.121 (3), 30.19 (1b) (a), 30.19 (1g) (a), 30.19 (1g) (am), 31.02 (1), 31.185 (5) and 281.36 (3m) (b); and to create 30.01 (1am) (d), (e), (f), (g) and (h), 30.01 (3c), 30.01 (6b), 30.053, 30.12 (3m) (cr), 30.121 (3c) (c), 30.121 (3w) (c) 3., 30.19 (1m) (dm), 30.19 (4) (d), 281.16 (1) (bg), 281.16 (2) (c), 281.36 (1) (am), 281.36 (1) (ct), 281.36 (3n) (a) 2. and 3., 281.36 (3n) (am) and 281.36 (4) (f) of the statutes; relating to: the regulation of navigable waters and wetlands.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
387,1
Section
1. 30.01 (1am) (a), (b) and (bm) of the statutes are amended to read:
30.01 (1am) (a) A state natural area designated or dedicated under ss. 23.27 to 23.29 and shown on a map published on the department's Internet site.
(b) A surface water identified as a trout stream by the department and shown on a map published on the department's Internet site.
(bm) A surface water identified as an outstanding or exceptional resource water under s. 281.15 and shown on a map published on the department's Internet site.
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2. 30.01 (1am) (c) of the statutes is repealed.
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3. 30.01 (1am) (d), (e), (f), (g) and (h) of the statutes are created to read:
30.01 (1am) (d) A body of water designated as a wild rice water under a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission and shown on a map published on the department's Internet site.
(e) A body of water in a wetland along Lake Michigan or Lake Superior that the department has identified as an ecologically significant coastal wetland and shown on a map published on the department's Internet site.
(f) A river that is included in the national wild and scenic rivers system or designated as a wild river under s. 30.26 and shown on a map published on the department's Internet site.
(g) The portion of a body of water that contains a sensitive area and shown on a map published on the department's Internet site.
(h) A unique and significant wetland specified by the department in a special wetland inventory study or a special area management plan and shown on a map published on the department's Internet site.
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4. 30.01 (1d) of the statutes is amended to read:
30.01 (1d) "Boathouse" means a structure
with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials which has one or more walls or sides, regardless of the current use of the structure.
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5. 30.01 (3c) of the statutes is created to read:
30.01 (3c) "Line of navigation" means the depth of a navigable water that is the greater of the following:
(a) Three feet, as measured at summer low levels.
(b) The depth required to operate a boat on the navigable water.
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6. 30.01 (6b) of the statutes is created to read:
30.01 (6b) "Sensitive area" means an area of aquatic vegetation identified by the department as offering critical or unique fish and wildlife habitat, including seasonal or lifestage requirements, or offering water quality or erosion control benefits to the body of water.
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7. 30.025 (5) of the statutes is amended to read:
30.025 (5) Exemption from certain Exclusive procedures. Sections 30.208 and 30.209 do not apply to an application for any permit The procedures provided under this section are exclusive and apply in lieu of any other procedures that would otherwise apply to permits applied for under this section.
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8. 30.053 of the statutes is created to read:
30.053 Applicability of chapter to artificial water bodies. Except in subch. V of this chapter and except as specifically provided otherwise in this chapter, nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b) (a), that is not hydrologically connected to a natural navigable waterway and that does not discharge into a natural navigable waterway except as a result of storm events.
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9. 30.12 (1k) (f) of the statutes is amended to read:
30.12 (1k) (f) A decision of
If the department against determines that the owner of a structure for which is not entitled to an exemption is claimed under this subsection is subject to a trial de novo, the owner may bring an action for declaratory judgment under s. 806.04 in the circuit court for the county in which the riparian property is located. The owner is not entitled to a contested case hearing or judicial review under ch. 227.
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10. 30.12 (3) (a) 6. (intro.) of the statutes is renumbered 30.12 (3) (a) 6. and amended to read:
30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if any of the following apply:.
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11. 30.12 (3) (a) 6. a., b. and c. of the statutes are repealed.
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12. 30.12 (3) (a) 13. of the statutes is amended to read:
30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a permit has been issued or an exemption granted under this chapter, or for which no permit was required at the time the seawall was built. The replacement may not exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed 300 continuous feet in a Great Lakes water body. In issuing the permit, the department may impose conditions on the replacement of a seawall located in an area of special natural resource interest only if those conditions do not prohibit the replacement of a seawall located in an area of special natural resource interest.
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13. 30.12 (3) (c) of the statutes is amended to read:
30.12 (3) (c) The department may impose conditions on general permits issued under par. (a) 6. to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The conditions may not govern the aesthetic features or color of boat shelters or the distance at which a boat shelter may extend from the shore, except to prohibit a boat shelter from extending beyond the line of navigation, and may not be based on the degree to which adjacent land is developed. The conditions shall be designed to ensure the structural soundness and durability of boat shelters. A municipality may enact ordinances that are consistent with this paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.
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14. 30.12 (3m) (cr) of the statutes is created to read:
30.12 (3m) (cr) In determining whether to issue an individual permit to the owner of a proposed permanent boat shelter, the department may not deny the permit on the basis of any of the following:
1. The distance at which the shelter will extend from the shore, except that the department may deny the permit on the basis that the boat shelter will extend beyond the line of navigation.
2. The degree to which adjacent land is developed.
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15. 30.121 (1) of the statutes is amended to read:
30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors, and foundations.
387,16
Section
16. 30.121 (3) of the statutes is amended to read:
30.121 (3) Maintenance and repair. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair or maintain the boathouse or fixed houseboat if the cost to repair or maintain the boathouse or fixed houseboat does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat and the repair or maintenance does not involve the placement of a floor over a wet bay on or after the effective date of this subsection .... [LRB inserts date]. If the boathouse or fixed houseboat is not subject to assessment, the owner may repair or maintain the boathouse or the fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat and the repair or maintenance does not involve the placement of a floor over a wet bay on or after the effective date of this subsection .... [LRB inserts date].
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17. 30.121 (3c) of the statutes is renumbered 30.121 (3c) (intro.) and amended to read:
30.121 (3c) Exception; certain boathouses. (intro.) Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and if all of the following apply to the repairing or maintaining repair or maintenance:
(a) It does not affect the size,
or location, or configuration of the boathouse and.
(b) It does not result in the boathouse being converted into living quarters.
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18. 30.121 (3c) (c) of the statutes is created to read:
30.121 (3c) (c) It does not involve the placement of a floor over a wet bay in the boathouse on or after the effective date of this paragraph .... [LRB inserts date].
387,19
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19. 30.121 (3w) (c) of the statutes is renumbered 30.121 (3w) (c) (intro.) and amended to read:
30.121 (3w) (c) (intro.) The boathouse is located within in any of the following locations:
1. Within a harbor that is being operated as a commercial enterprise or is located on.
2. On a river that is a tributary of Lake Michigan or Lake Superior.
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20. 30.121 (3w) (c) 3. of the statutes is created to read:
30.121 (3w) (c) 3. On an outlying water and the work is limited to the expansion, repair, or maintenance of an existing boathouse.
387,21
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21. 30.19 (1b) (a) of the statutes is amended to read:
30.19 (1b) (a) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.
