LRB-3396/2
MGG:kmg:rs
2003 - 2004 LEGISLATURE
October 29, 2003 - Introduced by Senator Leibham, cosponsored by Representative
Ziegelbauer. Referred to Committee on Environment and Natural Resources.
SB296,1,2
1An Act to create 30.121 (3w) of the statutes;
relating to: the regulation of
2certain boathouses.
Analysis by the Legislative Reference Bureau
Current law, with some exceptions, imposes a prohibition on placing a
boathouse beyond the ordinary high-water mark of a navigable waterway. Under
this bill, a person is exempt from this prohibition for a project that involves the
construction, repair, or maintenance of a boathouse if the boathouse is used
exclusively for commercial purposes; is located on commercially zoned or industrially
zoned land, in a brownfield, or in a blighted area; and is located in a commercial
harbor or on a tributary of Lake Michigan or Lake Superior. Additionally, if a
waterway is being enlarged or connected or if grading of topsoil of a certain amount
from the bank of a navigable body of water is involved as part of the project, the
person must have been issued any necessary permit by the Department of Natural
Resources. Current law defines a "brownfield" to be an industrial or commercial
facility, the expansion or redevelopment of which is complicated by environmental
contamination.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB296, s. 1
1Section
1. 30.121 (3w) of the statutes is created to read:
SB296,2,42
30.121
(3w) Exception; commercial boathouses. Notwithstanding subs. (2)
3and (3), a person may construct, repair, or maintain a boathouse if all of the following
4apply:
SB296,2,55
(a) The boathouse is used exclusively for commercial purposes.
SB296,2,86
(b) The boathouse is located on land zoned exclusively for commercial or
7industrial purposes or the boathouse is located on a brownfield, as defined in s.
8560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).
SB296,2,119
(c) The boathouse is located within a harbor that is being operated as a
10commercial enterprise or is located on a river that is a tributary of Lake Michigan
11or Lake Superior.
SB296,2,1312
(d) The person has been issued any applicable permit that is required under
13s. 30.19.
