30.126(6)(b)2.
2. A Wolf River municipality which adopts, administers and enforces a uniform registration system for fishing rafts and which adopts and enforces restrictions on fishing rafts may retain all registration fees to administer and enforce the uniform registration system and the restrictions.
30.126(6)(b)3.
3. A Wolf River municipality which adopts a uniform registration system for fishing rafts shall transmit a complete list of all registered fishing rafts and their owners to the department on or before April 1 of each year.
30.126(6)(c)
(c)
Failure of municipality to adopt, administer or enforce the uniform registration system. If a Wolf River municipality fails to adopt by ordinance a uniform registration system for fishing rafts within 120 days after the effective date of rules promulgated by the department under
par. (a), or fails to adequately administer or enforce the uniform registration system for fishing rafts, the department, after providing notice and conducting a hearing on the matter, may adopt or administer and enforce the uniform registration system for fishing rafts in that municipality. If the department adopts, administers or enforces the uniform registration system for fishing rafts in a Wolf River municipality, the department may retain all registration fees for fishing rafts registered in that municipality.
30.126(6)(d)
(d)
Conflicts. Any conflict in jurisdiction arising from the enactment of ordinances for the registration of fishing rafts on authorized portions of the Wolf River by 2 or more Wolf River municipalities shall be resolved under
s. 66.32.
30.126(7)
(7) Municipal regulation of fishing rafts on the Wolf River. 30.126(7)(a)(a)
Municipal adoption and enforcement of restrictions on fishing rafts. A Wolf River municipality shall adopt by ordinance and enforce restrictions on fishing rafts at least as restrictive as those under
sub. (5).
30.126(7)(b)
(b)
Failure of a municipality to adopt and enforce restrictions on fishing rafts. If a Wolf River municipality fails to adopt by ordinance restrictions on fishing rafts within 120 days after the effective date of rules promulgated by the department under
subs. (5) (g) and
(j) and
(6) (a), or fails to adequately enforce the restrictions on fishing rafts, the department, after providing notice and conducting a hearing on the matter, may enforce restrictions on fishing rafts. If the department enforces restrictions on fishing rafts in a Wolf River municipality, the department may retain all registration fees for fishing rafts registered in that municipality.
30.126(7)(c)
(c)
Conflicts. Any conflict in jurisdiction arising from the enactment of ordinances restricting fishing rafts on authorized portions of the Wolf River by 2 or more Wolf River municipalities shall be resolved under
s. 66.32.
30.126(8)(a)(a)
Municipality may order removal. A Wolf River municipality may order a person who is violating restrictions under
sub. (5) or restrictions on fishing rafts adopted by ordinance to comply with the restrictions or to remove the fishing raft from authorized portions of the Wolf River.
30.126(8)(b)1.1. If a person fails to comply with an order issued under
par. (a) or if a Wolf River municipality is unable to issue an order under
par. (a) because the fishing raft is not registered and the municipality cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River, the municipality may remove the fishing raft and dispose of it.
30.126(8)(b)2.
2. The owner or person responsible for the fishing raft shall reimburse a Wolf River municipality for all costs associated with the removal and disposal of the fishing raft under this paragraph.
30.126(8)(c)1.1. The department may order a person who is violating
sub. (2) to remove the fishing raft from the navigable waters.
30.126(8)(c)2.
2. The department shall report any violation of
sub. (5) to the Wolf River municipality where the violation occurred.
30.126(8)(c)3.
3. If the Wolf River municipality does not act under
par. (b) 1. within 90 days after the department reports the violation, the department may order the person who is violating restrictions under
sub. (5) to comply with the restrictions or to remove the fishing raft from authorized portions of the Wolf River.
30.126(8)(d)1.1. If a person does not comply with an order issued under
par. (c) 1. or if the department is unable to issue an order under
par. (c) 1. because the department cannot determine who constructed, placed or maintained the fishing raft on the navigable waters, the department may remove the fishing raft and dispose of it.
30.126(8)(d)2.
2. If a person does not comply with an order issued under
par. (c) 3., the department may remove the fishing raft and dispose of it.
30.126(8)(d)3.
3. If the department is unable to issue an order under
par. (c) 3. because the fishing raft is not registered and the department cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River and if the Wolf River municipality does not act under
par. (b) 1. within 120 days after the department reports the violation, the department may remove the fishing raft and dispose of it.
30.126(8)(d)4.
4. The owner or person responsible for the fishing raft shall reimburse the department for all costs associated with the removal and disposal of the fishing raft under this paragraph.
30.126(9)(a)(a)
Department and district attorney's authority to enforce. The department or the district attorney for the county where the violation occurred may enforce this section, any rule promulgated under this section or any order issued by the department under this section. Before the department may enforce standards and rules promulgated under
sub. (5) (j) with respect to a specific fishing raft and before the department may issue an order based on these standards or rules with respect to a specific fishing raft, the department shall notify and consult with the Wolf River municipality where the fishing raft is located.
30.126(9)(b)
(b)
Municipality's authority to enforce. A Wolf River municipality may enforce any ordinance adopted or order issued by the municipality under this section.
30.126(10)(a)(a)
Violation of statute, rule or department order. A person who violates this section, any rule promulgated under this section or any order issued by the department under this section shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes a separate offense.
30.126(10)(b)
(b)
Violation of municipal ordinance or order. A person who violates any ordinance adopted or order issued by the municipality under this section is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under
par. (a).
30.13
30.13
Regulation of wharves, piers and swimming rafts; establishment of pierhead lines. 30.13(1)
(1)
Construction allowed without permit under certain circumstances. A riparian proprietor may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under
s. 30.12 if all of the following conditions are met:
30.13(1)(a)
(a) The wharf or pier does not interfere with public rights in navigable waters.
30.13(1)(b)
(b) The wharf or pier does not interfere with rights of other riparian proprietors.
30.13(1)(c)
(c) The wharf or pier does not extend beyond any pierhead line which is established under
sub. (3).
30.13(1)(d)
(d) The wharf or pier does not violate any ordinances enacted under
sub. (2).
30.13(1)(e)
(e) The wharf or pier is constructed to allow the free movement of water underneath and in a manner which will not cause the formation of land upon the bed of the waterway.
30.13(1m)
(1m) Swimming rafts allowed without permit under certain circumstances. A riparian proprietor may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under
s. 30.12 if all of the following conditions are met:
30.13(1m)(a)
(a) The swimming raft does not interfere with public rights in navigable waters.
30.13(1m)(b)
(b) The swimming raft does not interfere with rights of other riparian proprietors.
30.13(1m)(c)
(c) The swimming raft is placed within 200 feet of shore.
30.13(2)
(2) Wharves, piers and swimming rafts regulated. A municipality may enact ordinances not inconsistent with this section regulating the construction and location of wharves, piers and swimming rafts located within or attached to land within that municipality.
30.13(3)
(3) Establishment of pierhead lines. 30.13(3)(a)(a) Any municipality authorized by
s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.
30.13(3)(b)
(b) Any pierhead line established by a municipality shall be established in the interest of the preservation and protection of its harbor or of public rights in navigable waters.
30.13(4)(a)(a)
Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under
s. 30.12 or unless authorization for the wharf or pier is expressly provided.
30.13(4)(b)
(b)
Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under
s. 30.12 or unless authorization for the wharf or pier is expressly provided.
30.13(4)(c)
(c)
Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under
sub. (3) constitutes an unlawful obstruction of navigable waters unless a valid permit, license or authorization for the wharf or pier is granted or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of
par. (a) or
(b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.
30.13(4)(d)
(d)
Violates regulations. A wharf or pier which violates the regulations contained in
sub. (2) or in any ordinance enacted under
sub. (2) constitutes an unlawful obstruction of navigable waters.
30.13(5)
(5) Removal of wharves and piers extending beyond pierhead line. The governing body of a city, village or town may remove a wharf or pier which constitutes an unlawful obstruction of navigable waters under
sub. (4) as provided under
s. 66.0495.
30.13(6)
(6) Dock line not invalidated. A dock line lawfully established before January 1, 1960, is a lawfully established pierhead line.
30.13 History
History: 1981 c. 252;
1987 a. 374.
30.13 Annotation
Where a DNR decision prohibited a structure under s. 30.13 and the riparian owner did not seek review under s. 227.20, 1983 stats., [now 227.57], the trial court had no jurisdiction to hear an action by the owner seeking a declaration that structure was a permitted "pier" under s. 30.13. Kosmatka v. DNR, 77 W (2d) 558, 253 NW (2d) 887.
30.13 Annotation
In considering whether a proposed structure is detrimental to the public interest DNR is authorized to weigh relevant policy factors including the preservation of the natural beauty of the state's waters, the public's fullest use of the waters and the convenience of riparian owners. Sterlingworth Condominium Association, v. DNR, 205 W (2d) 702, 556 NW (2d) 702 (Ct. App. 1996).
30.131
30.131
Wharves and piers placed and maintained by persons other than riparian owners. 30.131(1)
(1) Notwithstanding
s. 30.133, a wharf or pier of the type which does not require a permit under
ss. 30.12 (1) and
30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:
30.131(1)(a)
(a) The owner of the riparian land or the owner's predecessor in interest entered into a written easement that was recorded before December 31, 1986, and that authorizes access to the shore to a person who is not an owner of the riparian land.
30.131(1)(b)
(b) The person to whom the easement was granted or that person's successor in interest is the person who places and maintains the wharf or pier.
30.131(1)(c)
(c) The placement and maintenance of the wharf or pier is not prohibited by and is not inconsistent with the terms of the written easement.
30.131(1)(d)
(d) The wharf or pier has been placed seasonally in the same location at least once every 4 years since the written easement described in
par. (a) was recorded.
30.131(1)(e)
(e) The wharf or pier is substantially the same size and configuration as it was on April 28, 1990, or during its last placement before April 28, 1990, whichever is later.
30.131(1)(f)
(f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter and with any applicable municipal regulations or ordinances.
30.131(2)
(2) Notwithstanding
s. 30.133, an easement under
sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.
30.131 History
History: 1989 a. 217;
1993 a. 167.
30.131 Annotation
General discussion of application of s. 30.131. Godfrey Co. v. Lopardo, 164 W (2d) 352, 474 NW (2d) 786 (Ct. App. 1991).
30.133
30.133
Prohibition against conveyance of riparian rights. 30.133(1)(1) Beginning on April 9, 1994, no owner of riparian land that abuts a navigable water may convey, by easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material in the navigable water.
30.133(2)
(2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project.
30.133 History
History: 1993 a. 167.
30.135
30.135
Regulation of water ski platforms and jumps. 30.135(1)(a)(a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:
30.135(1)(a)1.
1. The platform or jump does not interfere with public rights in navigable waters.
30.135(1)(a)2.
2. The platform or jump does not interfere with rights of other riparian proprietors.
30.135(1)(a)3.
3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.
30.135(1)(b)
(b) If the department determines that any of the requirements under
par. (a) are not met, the riparian owner shall submit a permit application to the department.
30.135(2)(a)(a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.
30.135(2)(b)
(b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under
par. (a) expires.
30.135(2)(c)
(c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days before the hearing to each person provided the notice under
par. (a). The division of hearings and appeals shall mail the copies at least 10 days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall publish the notice as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.
30.135(3)(a)(a) The department shall promulgate a rule listing specific reasons that will support a substantive written objection to the placement of a water ski platform or water ski jump.
30.135(3)(b)
(b) The department shall promulgate rules specifying the information that shall be disclosed in a notice under
sub. (2) (a). The disclosed information shall include all of the following:
30.135(3)(b)1.
1. A statement explaining what constitutes a substantive written objection and the list of specific reasons that support a substantive written objection that is promulgated under
par. (a).
30.135(3)(b)2.
2. The fact that the department may decide to proceed on the application without a hearing.
30.135(3)(b)3.
3. The fact that a decision to proceed on an application without a hearing under
subd. 2. is subject to review under
ch. 227.
30.135(4)
(4) Exemption. Section 30.02 does not apply to permit applications submitted under this section.
30.135 History
History: 1997 a. 27.
30.14
30.14
Reports of and hearings on violations.
