AB500,15,54
(a) The standards in common law and statutes for determining whether a body
5of water is a lake or stream.
AB500,15,76
(b) The methods used by the department for making determinations of whether
7a lake or stream is navigable under s. 30.035.
AB500,15,98
(c) The public interest and public rights and the rights of riparian owners in
9navigable waters.
AB500,15,1210
(d) The methods for evaluating how an activity, deposit, or structure regulated
11under this subchapter may promote or be detrimental to the public interest and
12public rights in navigable waters and to the rights of riparian owners.
AB500,15,1513
(e) The methods for evaluating how an activity, deposit, or structure regulated
14under this subchapter may materially obstruct navigation or materially reduce the
15flood flow capacity of a stream.
AB500,15,1716
(f) The kinds of scientific evidence that may be used to show that a farm
17drainage ditch was a navigable stream before ditching for purposes of s. 30.215.
AB500,15,20
18(4) Any reference to this subchapter includes any rules promulgated under this
19subchapter, and any reference to any provision of this subchapter includes any rules
20promulgated under that provision.
Note: The new requirement for rules related to navigable waters, in sub. (2),
above, is described in the note following s. 30.035 (4), which is created by this bill.
AB500, s. 30
21Section
30. 30.05 of the statutes is renumbered 30.233 and amended to read:
AB500,16,6
2230.233 Applicability of chapter to municipally-owned submerged
23shorelands subchapter to lake beds or stream beds under the jurisdiction
1of a municipality. Nothing in this
chapter subchapter relative to the establishment
2of bulkhead or pierhead lines or the placing of structures or deposits in navigable
3waters or the removal of materials from the beds of navigable waters
is applicable
4to submerged shorelands in Lake Michigan applies to any lake bed, the title to which
5has been granted by the state to a municipality
or to any stream bed which the
6legislature 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.
AB500, s. 31
7Section
31. 30.056 of the statutes is renumbered 30.261 and amended to read:
AB500,16,13
830.261 Exemption from certain permit requirements Crayfish Creek. 9Notwithstanding ss. 30.12, 30.19, 30.195
, and
30.294 30.94, the city of Oak Creek
10may not be required to remove any structure or concrete or other deposit that was
11placed in Crayfish Creek in the city of Oak Creek before June 1, 1991, and may
12continue to maintain the structure, concrete
, or deposit without having a permit or
13other approval from the department.
AB500, s. 32
14Section
32. 30.06 of the statutes is renumbered 30.331 and amended to read:
AB500,17,8
1530.331 Waiver of certain provisions of Federal concurrent jurisdiction;
16waivers under this chapter subchapter. The department, by rule, may waive
17the applicability to specified navigable waters of the United States of all or part of
18those provisions of this
chapter subchapter which relate to the establishment of
19bulkhead or pierhead lines or the placing of structures or deposits in navigable
20waters or the removal of materials from the beds of navigable waters. The
21department may promulgate
such the rule only after
it the department has entered
22into
an agreement, with the appropriate federal agency
wherein it is agreed, an
23agreement that requires that the comparable federal law
will be enforced on the
1waters in question in lieu of the state law
which that is being waived. The objective
2of
such the agreement shall be to avoid duplication of administration with respect
3to navigable waters over which this state and the
U.S.
federal government have
4concurrent jurisdiction, in those situations wherein administration by a single
5governmental agency will tend to avoid confusion and the necessity of obtaining
6permits from both the state and federal governments by those who are subject to the
7law and at the same time will adequately protect the public interest. The agreement
8may contain such further provisions as are designed to achieve this objective.
AB500, s. 33
9Section
33. 30.10 (title) of the statutes is renumbered 30.035 (title) and
10amended to read:
AB500,17,11
1130.035 (title)
Declarations and determinations of navigability.
AB500, s. 34
12Section
34. 30.10 (1) (title) of the statutes is renumbered 30.035 (1) (title) and
13amended to read:
AB500,17,1414
30.035
(1) (title)
Lakes and streams.
AB500, s. 35
15Section
35. 30.10 (1) of the statutes is renumbered 30.035 (1) (a) and amended
16to read:
AB500,17,2017
30.035
(1) (a)
All lakes wholly or partly within this state which Lakes and
18streams that are navigable in fact
for any purpose whatsoever are declared to be
19navigable
and public waters, and all persons have the same rights therein and
20thereto as they have in and to any other navigable or public waters.
AB500, s. 36
21Section
36. 30.10 (2) of the statutes is repealed.
AB500, s. 37
22Section
37. 30.10 (3) of the statutes is renumbered 30.035 (2) and amended
23to read:
AB500,18,524
30.035
(2) Enlargements or improvements in navigable waters. All
25enlargements in navigable waters, including inner
and outer harbors, turning
1basins, waterways, slips
, and canals
created by any municipality to be used by the
2public for purposes of navigation, and all outer harbors connecting interior
3navigation with lake navigation, are declared
to be navigable waters
and are subject
4to the same control and regulation that navigable streams are subjected to as regards
5improvement, use and bridging.
AB500, s. 38
6Section
38. 30.10 (4) (title) of the statutes is repealed.
AB500, s. 39
7Section
39. 30.10 (4) (a) of the statutes is renumbered 30.213 (2) and amended
8to read:
AB500,18,119
30.213
(2) This section Section 30.035 does not impair the powers granted by
10law under
s. 30.1235 sub. (1) or by other law to municipalities to construct highway
11bridges, arches, or culverts over streams.
AB500, s. 40
12Section
40. 30.10 (4) (b) of the statutes is renumbered 30.09 and amended to
13read:
AB500,18,24
1430.09 Boundaries of lands adjoining waters. The boundaries of lands
15adjoining waters and the rights of the state and of individuals with respect to
all such 16those lands and waters shall be determined in conformity to the common law so far
17as applicable, but in the case of a lake or stream erroneously meandered in the
18original U.S. government survey, the owner of title to lands adjoining the meandered
19lake or stream, as shown on
such the original survey, is conclusively presumed to own
20to the actual shorelines unless it is first established in a suit in equity, brought by
21the
U.S. federal government for that purpose, that the government was in fact
22defrauded by such survey. If the proper claims of adjacent owners of riparian lots of
23lands between meander and actual shorelines conflict, each shall have his or her
24proportion of
such those shorelands.
AB500, s. 41
25Section
41. 30.10 (4) (c) of the statutes is repealed.
Note: The provision regarding farm drainage ditches is relocated to new s. 30.215.
AB500, s. 42
1Section
42. 30.10 (4) (d) of the statutes is renumbered 30.263 (1).
AB500, s. 43
2Section
43. 30.103 of the statutes is renumbered 30.325.
AB500, s. 44
3Section
44. 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.
AB500, s. 45
4Section
45. 30.11 (title) of the statutes is renumbered 30.321 (title).
AB500, s. 46
5Section
46. 30.11 (1) to (4) of the statutes are renumbered 30.321 (1) to (4) and
6amended to read:
AB500,19,107
30.321
(1) Who Municipality may establish. Any municipality may, subject to
8the approval of the department, by ordinance establish
or reestablish a bulkhead line
9and from time to time reestablish the same along any section of the shore of any
10navigable waters within its boundaries.
AB500,19,17
11(2) Standards for establishing.
Bulkhead lines shall be established A
12municipality shall establish a bulkhead line in the public interest and shall conform
13the bulkhead line as nearly as practicable to the existing shores, except that in the
14case of leases under
sub. (5) and s. 24.39 (4)
or 30.343 the municipality may allow the 15bulkhead
lines may be approved line to be located farther
from beyond the existing
16shoreline if
they are the line is consistent with and
is a part of any lease executed by
17the board of commissioners of public lands.
AB500,20,8
18(3) How established
Establishment of lines. Whenever any
If a municipality
19proposes to establish
or reestablish a bulkhead line
or to reestablish an existing
20bulkhead line, the municipality shall indicate both the existing shore and the
21proposed bulkhead line upon a map and shall file with the department for its
22approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead
1line. The map shall use a scale of not less than 100 feet to an inch or any other scale
2required by the department. The map and a metes and bounds description of the
3bulkhead line shall be prepared by a land surveyor registered in this state. The
4department may require the installation of permanent reference markers
to for the
5bulkhead line. Upon approval by the department, the municipality shall deliver the
6map, description
, and ordinance to the office of the register of deeds of the county in
7which the bulkhead line lies
, to be recorded by the. The register of deeds
shall record
8the map, description, and ordinance.
AB500,20,11
9(4) Riparian rights preserved. Establishment of a bulkhead line shall not
10abridge the riparian rights of riparian owners. Riparian owners may place solid
11structures or fill up to
such the bulkhead line.
AB500, s. 47
12Section
47. 30.11 (5) (title) of the statutes is repealed.
AB500, s. 48
13Section
48. 30.11 (5) (a) of the statutes is renumbered 30.343 (1).
AB500, s. 49
14Section
49. 30.11 (5) (b) and (c) of the statutes are renumbered 30.343 (2) and
15(3).
AB500, s. 50
16Section
50. 30.11 (6) of the statutes is renumbered 30.321 (5).
AB500, s. 51
17Section
51. 30.12 (title) of the statutes is amended to read:
AB500,20,19
1830.12 (title)
Structures
Regulation of structures and deposits in
19navigable waters.
AB500, s. 52
20Section
52. 30.12 (1m) of the statutes is renumbered 30.263 (2), and 30.263
21(2) (intro.), as renumbered, is amended to read:
AB500,21,222
30.263
(2) Duck Creek Drainage District structures and deposits. (intro.)
23A structure or deposit that the drainage board for the Duck Creek Drainage District
24places in a drain that the board operates in the Duck Creek Drainage District is
1exempt from the permit requirements under
this section s. 30.12 if either of the
2following applies:
AB500, s. 53
3Section
53. 30.12 (2m) (b) of the statutes is amended to read:
AB500,21,44
30.12
(2m) (b) Environmental pollution
, as defined in s. 299.01 (4).
AB500, s. 54
5Section
54. 30.12 (2r) (b) 1. of the statutes is amended to read:
AB500,21,86
30.12
(2r) (b) 1. Enter and inspect the site on which the activity is located,
7subject to s.
30.291 30.239, if the department determines such an inspection is
8necessary.
AB500, s. 55
9Section
55. 30.12 (3) (a) (intro.) of the statutes is amended to read:
AB500,21,1110
30.12
(3) (a) (intro.) The department shall issue statewide general permits
11under s.
30.206 30.221 that authorize riparian owners to do all of the following:
AB500, s. 56
12Section
56. 30.12 (3m) (b) of the statutes is amended to read:
AB500,21,1413
30.12
(3m) (b) The notice and hearing provisions of s.
30.208 30.244 (3) to (5)
14shall apply to an application under par. (a).
AB500, s. 57
15Section
57. 30.12 (5) of the statutes is repealed.
AB500, s. 58
16Section
58. 30.121 (title) and (2) to (3w) of the statutes are renumbered 30.281
17(title) and (2) to (3w).
AB500, s. 59
18Section
59. 30.121 (4) of the statutes is renumbered 30.281 (4) and amended
19to read:
AB500,22,320
30.281
(4) Major repair, abandoned structures and obstructions to
21navigation. The owner of a boathouse or a fixed houseboat which extends beyond the
22ordinary high-water mark of any navigable waterway and which is in a major state
23of disrepair or is a material obstruction to navigation may be ordered by the
24department to remove the structure from the waterway. The department shall follow
25the procedures set forth in s.
30.03 (4) (a) 30.96 (1) for ordering removal of a structure.
1If such a structure is abandoned and the department, after due diligence, cannot
2locate the owner, the department shall utilize the procedures set forth in s. 31.187
3(1) for removing the abandoned structure.
AB500, s. 60
4Section
60. 30.121 (5) and (6) of the statutes are renumbered 30.281 (5) and
5(6).
AB500, s. 61
6Section
61. 30.121 (7) of the statutes is renumbered 30.381 (2) and amended
7to read:
AB500,22,138
30.381
(2) Penalties
Boathouses and houseboats. Any person who constructs,
9owns
, or maintains a boathouse or fixed houseboat in violation of
this section s.
1030.281 or in violation of any order issued under
this section s. 30.281 shall forfeit not
11less than $10 nor more than $50 for each offense. Each day
during which a
structure 12boathouse or a fixed houseboat exists in violation of
this section constitutes s. 30.281
13is a separate offense.
AB500, s. 62
14Section
62. 30.122 of the statutes is renumbered 30.217 and amended to read:
AB500,22,21
1530.217 Unauthorized structures. All permanent alterations, deposits
, or
16structures affecting navigable waters, other than boathouses, which were
17constructed before December 9, 1977 and which did not require a permit at the time
18of construction, shall be presumed in conformity with the law
, unless a written
19complaint is filed within 180 days of December 9, 1977. Upon the filing of a
20complaint, the department shall proceed with an action to enforce the applicable
21statutes.
Note: The time period for filing a written complaint has long since expired, and
has no bearing on current structures.
AB500, s. 63
22Section
63. 30.123 (title) of the statutes is amended to read:
AB500,22,23
2330.123 (title)
Bridges Regulation of bridges and culverts.
AB500, s. 64
1Section
64. 30.123 (5) of the statutes is repealed.
Note: This repeals a requirement that bridges constructed over navigable streams
be maintained in a safe condition, as determined by the DNR. The DNR does not have
the expertise to review bridge safety and maintenance.
AB500, s. 65
2Section
65. 30.123 (6) (a) of the statutes is amended to read:
AB500,23,43
30.123
(6) (a) The construction and maintenance of highway bridges to which
4s.
30.1235 30.213 applies.
AB500, s. 66
5Section
66. 30.123 (6) (b) of the statutes is amended to read:
AB500,23,76
30.123
(6) (b) The construction and maintenance of bridges by the department
7of transportation in accordance with s.
30.2022 30.341.
AB500, s. 67
8Section
67. 30.123 (6m) (b) of the statutes is amended to read:
AB500,23,99
30.123
(6m) (b) Environmental pollution
, as defined in s. 299.01 (4).
AB500, s. 68
10Section
68. 30.123 (6r) (b) 1. of the statutes is amended to read:
AB500,23,1311
30.123
(6r) (b) 1. Enter and inspect the site on which the activity is located,
12subject to s.
30.291 30.239, if the department determines such an inspection is
13necessary.
AB500, s. 69
14Section
69. 30.123 (7) (a) (intro.) of the statutes is amended to read:
AB500,23,1615
30.123
(7) (a) (intro.) The department shall issue statewide general permits
16under s.
30.206 30.221 that authorize any person to do all of the following:
AB500, s. 70
17Section
70. 30.123 (8) (b) of the statutes is amended to read:
AB500,23,1918
30.123
(8) (b) The notice and hearing provisions of s.
30.208 30.244 (3) to (5)
19shall apply to an application under par. (a).
AB500, s. 71
20Section
71. 30.1235 (title) of the statutes is renumbered 30.213 (title).
AB500, s. 72
21Section
72. 30.1235 of the statutes is renumbered 30.213 (1).
AB500, s. 73
22Section
73. 30.124 of the statutes is renumbered 30.351, and 30.351 (1)
23(intro.), as renumbered, is amended to read:
AB500,24,5
130.351
(1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the
2department finds that the activity will not adversely affect
the public
interest or
3private rights or interests in fish and wildlife populations, navigation, or waterway
4flood flow capacity and will not result in environmental pollution,
as defined in s.
5299.01 (4), the department may do all of the following on public lands or waters:
AB500, s. 74
6Section
74. 30.1255 of the statutes is renumbered 30.352.
AB500, s. 75
7Section
75. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266
8(title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read: