AB514: Bill Text

AB514,20,19 30.035 (2) Enlargements or improvements in navigable waters. All enlargements in navigable waters, including inner and outer harbors, turning basins, waterways, slips, and canals created by any municipality to be used by the public for purposes of navigation, and all outer harbors connecting interior navigation with lake navigation, are declared to be navigable waters and are subject to the same control and regulation that navigable streams are subjected to as regards improvement, use and bridging.

AB514, s. 45 Section 45. 30.10 (4) (title) of the statutes is repealed.

AB514, s. 46 Section 46. 30.10 (4) (a) of the statutes is renumbered 30.213 (2) and amended to read:

AB514,20,25 30.213 (2) This section Section 30.035 does not impair the powers granted by law under s. 30.123 sub. (1) or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB514, s. 47 Section 47. 30.10 (4) (b) of the statutes is renumbered 30.09 and amended to read:

AB514,21,13 30.09 Boundaries of lands adjoining waters. The boundaries of lands adjoining waters and the rights of the state and of individuals with respect to all such those lands and waters shall be determined in conformity to the common law so far as applicable, but in the case of a lake or stream erroneously meandered in the original U.S. government survey, the owner of title to lands adjoining the meandered lake or stream, as shown on such the original survey, is conclusively presumed to own to the actual shorelines unless it is first established in a suit in equity, brought by the U.S. federal government for that purpose, that the government was in fact defrauded by such survey. If the proper claims of adjacent owners of riparian lots of lands between meander and actual shorelines conflict, each shall have his or her proportion of such those shorelands.

AB514, s. 48 Section 48. 30.10 (4) (c) of the statutes is repealed.

Note: The provision regarding farm drainage ditches is relocated to new s. 30.215.

AB514, s. 49 Section 49. 30.10 (4) (d) of the statutes is renumbered 30.263 (1).

AB514, s. 50 Section 50. 30.103 of the statutes is renumbered 30.325.

AB514, s. 51 Section 51. 30.105 of the statutes is repealed.

Note: This provision relates to the method for determining the footage of shoreline for certain specific purposes under ch. 30. The substance of this provision is recreated at several places in this bill where the determination of shoreline footage is part of the statutory procedure.

AB514, s. 52 Section 52. 30.11 (title) of the statutes is renumbered 30.321 (title).

AB514, s. 53 Section 53. 30.11 (1) to (4) of the statutes are renumbered 30.321 (1) to (4) and amended to read:

AB514,22,2 30.321 (1) Who Municipality may establish. Any municipality may, subject to the approval of the department, by ordinance establish or reestablish a bulkhead line and from time to time reestablish the same along any section of the shore of any navigable waters within its boundaries.

AB514,22,9 (2) Standards for establishing. Bulkhead lines shall be established A municipality shall establish a bulkhead line in the public interest and shall conform the bulkhead line as nearly as practicable to the existing shores, except that in the case of leases under sub. (5) and s. 24.39 (4) or 30.343 the municipality may allow the bulkhead lines may be approved line to be located farther from beyond the existing shoreline if they are the line is consistent with and is a part of any lease executed by the board of commissioners of public lands.

AB514,22,22 (3) How established Establishment of lines. Whenever any If a municipality proposes to establish or reestablish a bulkhead line or to reestablish an existing bulkhead line, the municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be prepared by a land surveyor registered in this state. The department may require the installation of permanent reference markers to for the bulkhead line. Upon approval by the department, the municipality shall deliver the map, description, and ordinance to the office of the register of deeds of the county in which the bulkhead line lies, to be recorded by the. The register of deeds shall record the map, description, and ordinance.

AB514,22,25 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors owners. Riparian proprietors owners may place solid structures or fill up to such the bulkhead line.

AB514, s. 54 Section 54. 30.11 (5) (title) of the statutes is repealed.

AB514, s. 55 Section 55. 30.11 (5) (a) of the statutes is renumbered 30.343 (1) and amended to read:

AB514,23,16 30.343 (1) Prior to the execution of any lease by the board of commissioners of public lands concerning rights to submerged lands or rights to fill in submerged lands held in trust for the public under s. 24.39, the department shall determine whether the proposed physical changes in the area as a result of the execution of the lease are consistent with the public interest. Thirty days before making its determination, the department shall notify, in writing, the clerk of the county and clerk of the city, village or town in which the changes are proposed each representative of a local governmental unit required to receive notice under s. 30.04 (3) and the U.S. Army Corps of Engineers of the application for the lease. In making its finding, the department shall give consideration to all reports submitted to it. The department shall not approve a lease applied for under s. 24.39 (4) (a) 2. if the department determines that the lease may threaten excessive destruction of wildlife habitat.

AB514, s. 56 Section 56. 30.11 (5) (b) and (c) of the statutes are renumbered 30.343 (2) and (3).

AB514, s. 57 Section 57. 30.11 (6) of the statutes is renumbered 30.321 (5).

AB514, s. 58 Section 58. 30.12 (title) of the statutes is amended to read:

AB514,23,22 30.12 (title) Structures Regulation of structures and deposits in navigable waters prohibited; exceptions; penalty.

AB514, s. 59 Section 59. 30.12 (1) (intro.) of the statutes is amended to read:

AB514,24,3 30.12 (1) General prohibition Permit required. (intro.) Except as provided under subs. (4) and (4m), unless Unless a permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

AB514, s. 60 Section 60. 30.12 (1) (a) of the statutes is amended to read:

AB514,24,6 30.12 (1) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established ; or.

AB514, s. 61 Section 61. 30.12 (1) (b) of the statutes is amended to read:

AB514,24,9 30.12 (1) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

AB514, s. 62 Section 62. 30.12 (2) of the statutes is repealed and recreated to read:

AB514,24,14 30.12 (2) Permits to place structures or deposits in navigable waters; generally. (a) A riparian owner may apply to the department for a permit that is required under sub. (1) in order to place a structure for the owner's use or to deposit any material.

AB514,24,18 (b) Except for a permit application for a structure or deposit specified in sub. (3), upon receipt of a complete application, the department shall either deny the application for the permit as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244.

AB514,24,20 (c) For structures other than those specified in sub. (3), the department shall issue a permit if the department finds that all of the following apply:

AB514,24,21 1. The structure will not materially obstruct navigation.

AB514,24,22 2. The structure will not be detrimental to the public interest.

AB514,24,23 3. The structure will not materially reduce the flood flow capacity of a stream.

AB514,25,3 (d) For deposits of materials other than the deposits specified in sub. (3), the department shall issue a permit if the department finds that all of the following apply:

AB514,25,5 1. The material will be placed for the purpose of improving habitat or maintaining littoral drift.

AB514,25,6 2. The material will not materially obstruct navigation.

AB514,25,7 3. The material will not materially reduce the flood flow capacity of a stream.

AB514,25,8 4. The deposit of the material will not be detrimental to the public interest.

AB514,25,10 5. The deposit of the material will promote public rights and interests in navigable waters.

Note: Under current law, the DNR does not have general authority to issue a permit under s. 30.12 to "deposit any material". This section allows the DNR to issue a permit to deposit material upon the bed of a navigable water, but uses a different standard for the DNR to make its determination. This bill adds an additional criterion for approval of a permit to deposit material in navigable waters--the deposit must "promote public rights and interests in navigable waters".

AB514, s. 63 Section 63. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB514,25,15 30.12 (3) (a) (intro.) Unless the department decides to deny a permit as authorized in par. (b), the department shall issue a permit to a riparian owner to do any of the following:

AB514, s. 64 Section 64. 30.12 (3) (a) 6. of the statutes is amended to read:

AB514,26,2 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 permit may be granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of if there is a boathouse over navigable waters adjacent to the owner's property.

AB514, s. 65 Section 65. 30.12 (3) (a) 9. of the statutes is created to read:

AB514,26,6 30.12 (3) (a) 9. Place an intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25% of the width of the channel in which it is placed.

AB514, s. 66 Section 66. 30.12 (3) (am) of the statutes is created to read:

AB514,26,10 30.12 (3) (am) The department may promulgate rules that identify deposits or structures, in addition to those listed in par. (a), to which the permitting procedures under this subsection apply.

Note: A new "short form" permit is added in new s. 30.12 (4) (a) 10. for intake and outfall structures.

AB514, s. 67 Section 67. 30.12 (3) (b) of the statutes is repealed and recreated to read:

AB514,26,13 30.12 (3) (b) The department may deny a permit for a structure or deposit specified in par. (a) if the department finds that any of the following applies:

AB514,26,14 1. The structure or deposit will materially obstruct navigation.

AB514,26,15 2. The structure or deposit will be detrimental to the public interest.

AB514, s. 68 Section 68. 30.12 (3) (bg) of the statutes is created to read:

AB514,26,19 30.12 (3) (bg) If the department denies a permit under par. (b), the department shall notify the applicant in writing. The procedures under ss. 30.244, 30.245, and 30.246 do not apply to a permit application submitted under this subsection.

AB514, s. 69 Section 69. 30.12 (3) (bn) of the statutes is amended to read:

AB514,27,5 30.12 (3) (bn) A riparian owner is exempt from the permit requirements under sub. (2) (1) and this subsection for a structure specified under par. (a) 2m. if the riparian owner places the structure in conformance with the standards established under par. (d) and if the riparian owner notifies the department in writing of the location of the structure at least 10 working days before it is placed and places the structure in conformity with standards established by the department. The department shall promulgate rules to establish standards governing the placement of structures specified under par. (a) 2m.

AB514, s. 70 Section 70. 30.12 (3) (br) of the statutes is created to read:

AB514,27,11 30.12 (3) (br) The department may promulgate rules that identify structures or deposits, in addition to those structures specified in par. (a) 2m., to which the requirements under sub. (1) do not apply. If the department promulgates such rules, the rules shall include standards and procedures governing the placement of the structures and the depositing of the materials.

AB514, s. 71 Section 71. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.276 (intro.) and amended to read:

AB514,27,18 30.276 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 30.223 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

AB514, s. 72 Section 72. 30.12 (3) (bt) 1. to 8. of the statutes are renumbered 30.276 (1) to (8).

AB514, s. 73 Section 73. 30.12 (3) (bt) 9. of the statutes is renumbered 30.276 (9).

AB514, s. 74 Section 74. 30.12 (3) (c) of the statutes is amended to read:

AB514,28,5 30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of par. (a) 6., including rules to establish minimum standards 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 rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural soundness and durability of a boat shelter. A municipality may enact ordinances not inconsistent with this section or with rules promulgated under this section regulating the architectural features of boat shelters.

AB514, s. 75 Section 75. 30.12 (3) (d) of the statutes is repealed.

AB514, s. 76 Section 76. 30.12 (4) (title) of the statutes is repealed.

AB514, s. 77 Section 77. 30.12 (4) (a) of the statutes is renumbered 30.341 (2) and amended to read:

AB514,28,20 30.341 (2) Activities affecting inland waters of the state as defined in s. 281.01 (18) or outlying waters that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge , or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11 30.12, 30.123, 30.19, 30.195, 30.20, 30.321, 30.343, 59.692, 61.351, 62.231, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the inland waters of the state or outlying waters.

AB514, s. 78 Section 78. 30.12 (4) (b) of the statutes is renumbered 30.341 (3) and amended to read:

AB514,29,2 30.341 (3) The exemption under par. (a) sub. (2) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.

AB514, s. 79 Section 79. 30.12 (4) (c) of the statutes is renumbered 30.341 (4) and amended to read:

AB514,29,13 30.341 (4) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection section, may proceed with enforcement actions as the secretary deems appropriate.

AB514, s. 80 Section 80. 30.12 (4) (d) of the statutes is renumbered 30.341 (5).

AB514, s. 81 Section 81. 30.12 (4) (e) of the statutes is renumbered 30.341 (6) and amended to read:

AB514,29,19 30.341 (6) Except as may be required otherwise under s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this subsection section.

AB514, s. 82 Section 82. 30.12 (4) (f) of the statutes is renumbered 30.341 (7) and amended to read:

AB514,29,23 30.341 (7) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

AB514, s. 83 Section 83. 30.12 (4m) of the statutes is renumbered 30.263 (2), and 30.263 (2) (intro.), as renumbered, is amended to read:

AB514,30,5 30.263 (2) Duck Creek Drainage District structures Structures and deposits. (intro.) Subsection Section 30.12 (1) does not apply to a structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

AB514, s. 84 Section 84. 30.12 (5) of the statutes is repealed.

AB514, s. 85 Section 85. 30.121 (title) and (2) to (3r) of the statutes are renumbered 30.281 (title) and (2) to (3r).

AB514, s. 86 Section 86. 30.121 (4) of the statutes is renumbered 30.281 (4) and amended to read:

AB514,30,19 30.281 (4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in s. 30.03 (4) (a) 30.96 (1) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure.