AB514: Bill Text

AB514, s. 33 Section 33. 30.05 of the statutes is renumbered 30.233 and amended to read:

AB514,17,9 30.233 Applicability of chapter to municipally-owned submerged shorelands subchapter to lake beds or stream beds under the jurisdiction of a municipality. Nothing in this chapter subchapter relative to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters is applicable to submerged shorelands in Lake Michigan applies to any lake bed, the title to which has been granted by the state to a municipality or to any stream bed which the legislature has authorized a municipality to occupy.

Note: This statute is amended to apply to other lakes in which lake bed grants have been made and to authorization to occupy portions of a stream bed.

AB514, s. 34 Section 34. 30.056 of the statutes is renumbered 30.261 and amended to read:

AB514,17,16 30.261 Exemption from certain permit requirements Crayfish Creek. Notwithstanding ss. 30.12, 30.19, 30.195, and 30.294 30.86, the city of Oak Creek may not be required to remove any structure or concrete or other deposit that was placed in Crayfish Creek in the city of Oak Creek before June 1, 1991, and may continue to maintain the structure, concrete, or deposit without having a permit or other approval from the department.

AB514, s. 35 Section 35. 30.06 of the statutes is renumbered 30.331 and amended to read:

AB514,18,11 30.331 Waiver of certain provisions of Federal concurrent jurisdiction; waivers under this chapter subchapter. The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter subchapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promulgate such the rule only after it the department has entered into an agreement, with the appropriate federal agency wherein it is agreed, an agreement that requires that the comparable federal law will be enforced on the waters in question in lieu of the state law which that is being waived. The objective of such the agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. federal government have concurrent jurisdiction, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective.

AB514, s. 36 Section 36. 30.07 (title) of the statutes is renumbered 30.257 (title) and amended to read:

AB514,18,15 30.257 (title) Limits and conditions Time limits for permits and contracts.

AB514, s. 37 Section 37. 30.07 (1) (a) of the statutes is renumbered 30.257 (1) and amended to read:

AB514,18,21 30.257 (1) Except as provided in par. (b) sub. (2), every permit or contract issued under ss. 30.01 to 30.29 this subchapter for which a time limit is not provided by s. 30.20 (2) or (3) is void unless the project is completed within 3 years after the permit or contract was issued.

AB514, s. 38 Section 38. 30.07 (1) (b) of the statutes is renumbered 30.257 (2) and amended to read:

AB514,19,4 30.257 (2) The department may specify a time limit of less than 3 years for a permit or contract issued under ss. 30.01 to 30.29 this subchapter. For good cause, the department may extend the time limit for a permit or contract issued under ss. 30.01 to 30.29 this subchapter for no longer than 2 years if the grantee person issued the permit or contract requests an extension prior to expiration of the initial time limit.

AB514, s. 39 Section 39. 30.07 (2) of the statutes is renumbered 30.249 and amended to read:

AB514,19,19 30.249 Modification or rescission of a permit or contract. For good cause, the department may issue an order to modify or rescind any permit or contract issued under ss. 30.01 to 30.29 this subchapter before its expiration. The department shall give notice in writing of the order to the holder of the permit or contract. The department shall notify the division of hearings and appeals under s. 227.43 (2) (a) if the holder of the permit or contract objects in writing to the order and the department receives the objection within 30 days after giving notice of the order to the holder of the permit or contract. Upon receiving notification from the department under s. 227.43 (2) (a), the division of hearings and appeals shall mail a written notice of the hearing at least 10 days before the hearing to the holder of the permit or contract and to each person who received notice of the order. The department shall give written notice of the hearing to each representative of a local governmental unit that is required to receive notice under s. 30.04 (3).

Note: Procedures are added related to modifying or rescinding a permit or contract in order to provide explicitly that the holder of any permit or contract must receive due process in such proceedings.

AB514, s. 40 Section 40. 30.10 (title) of the statutes is renumbered 30.035 (title) and amended to read:

AB514,19,22 30.035 (title) Declarations and determinations of navigability.

AB514, s. 41 Section 41. 30.10 (1) (title) of the statutes is renumbered 30.035 (1) (title) and amended to read:

AB514,20,3 30.035 (1) (title) Lakes and streams.

AB514, s. 42 Section 42. 30.10 (1) of the statutes is renumbered 30.035 (1) (a) and amended to read:

AB514,20,9 30.035 (1) (a) All lakes wholly or partly within this state which Lakes and streams that are navigable in fact for any purpose whatsoever are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.

AB514, s. 43 Section 43. 30.10 (2) of the statutes is repealed.

AB514, s. 44 Section 44. 30.10 (3) of the statutes is renumbered 30.035 (2) and amended to read:

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: