30.18 Annotation The legislature abrogated the common law riparian right of irrigation and substituted the permit procedure under sub. (3). Omernick v. DNR, 71 Wis. 2d 370, 238 N.W.2d 114.
30.18 Annotation Section 94.26 exempts cranberry growers from permit requirements of s. 30.18. State v. Zawistowski, 95 Wis. 2d 250, 290 N.W.2d 303 (1980).
30.19 30.19 Enlargement and protection of waterways.
30.19(1)(1)Permits required. Unless a permit has been granted by the department or authorization has been granted by the legislature, it is unlawful:
30.19(1)(a) (a) To construct, dredge or enlarge any artificial waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other navigable waters, or where any part of the artificial waterway is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters.
30.19(1)(b) (b) To connect any natural or artificially constructed waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway with an existing body of navigable water, for navigation or any other purpose.
30.19(1)(c) (c) To grade or otherwise remove top soil from the bank of any navigable stream, lake or other body of navigable water where the area exposed by such grading or removal will exceed 10,000 square feet.
30.19(1m) (1m)Exception. Subsection (1) does not apply to any of the following:
30.19(1m)(a) (a) The construction and repair of public highways.
30.19(1m)(b) (b) Any agricultural uses of land.
30.19(1m)(c) (c) Any navigable inland lake located wholly or partly in any county having a population of 750,000 or more.
30.19(1m)(d) (d) Those portions of navigable streams, Lake Michigan or Lake Superior within any county having a population of 750,000 or more.
30.19(1m)(e) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized under sub. (1) (a) or (b).
30.19(2) (2)Permits for work or to enlarge waterways. Before any work or connection specified in sub. (1) is undertaken the applicant shall file an application with the department setting forth the following:
30.19(2)(a) (a) The name and address of the applicant.
30.19(2)(b) (b) The legal description of the lands included in the project.
30.19(2)(c) (c) A summary statement of the purpose of the project.
30.19(2)(d) (d) A map or diagram showing the proposal on an adequate scale with contours and cross-section profiles of the waterways to be constructed or grading to be undertaken.
30.19(2)(e) (e) The name and address of the secretary of any property owners' association pertaining to the bodies of water affected by the project or if there is no such association, the names and addresses of at least 5 persons who own real property located adjacent to the bodies of water. If fewer than 5 persons own real property located adjacent to the bodies of water, the names and addresses of such persons that own real estate so located shall be given.
30.19(2)(f) (f) Such other information that may be required by the department.
30.19(3) (3)Notice of hearing.
30.19(3)(a)(a) Section 30.02 (3) and (4) applies to permit applications under sub. (1) (b) and (c). Notice shall be provided to the clerks of the county and municipality in which the project or affected body of water is located and to the persons under sub. (2) (e). For any permit application which affects the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root River or any tributary of those rivers, special notice shall be given to the Milwaukee metropolitan sewerage district. The metropolitan sewerage district shall have 30 days to respond to the special notice.
30.19(3)(b) (b) If a hearing on the application for a permit is conducted as a part of a hearing under s. 293.43, the notice, comment and hearing provisions in that section supersede the notice, comment and hearing provisions of par. (a).
30.19(4) (4)Issuance of permit. If the department finds that the project will not injure public rights or interest, including fish and game habitat, that the project will not cause environmental pollution as defined in s. 299.01 (4), that any enlargement connected to navigable waterways conforms to the requirement of laws for the platting of land and for sanitation and that no material injury to the rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways.
30.19(5) (5)Conditions of permit. The permit shall provide that all artificial waterways constructed under this section which are connected to navigable waterways shall be public waterways. The department may impose such further conditions in the permit as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.
30.19 Annotation The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83, 234 Wis. 2d 335, 610 N.W.2d 129.
30.19 Annotation The only specific exemption from the jurisdiction of the DNR regarding navigable waters is that of s. 30.19 (1) (d), 1985 stats. [now s. 30.19 (1m)], concerning the agricultural uses of land. The department determines dam regulations for dams on drainage ditches, regardless of the purpose of the dam. 63 Atty. Gen. 355.
30.19 Annotation Where a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to s. 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.195 30.195 Changing of stream courses.
30.195(1) (1)Permit required. No person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.
30.195(2) (2)Applications. Applications for permits required by this section shall be made to the department of natural resources upon forms prescribed by it. Applications shall contain such information as the department reasonably requires to enable it to act on the application.
30.195(3) (3)Granting of permit. Upon application therefor, the department shall grant a permit to the owner of any land to change the course of or straighten a navigable stream on such land, if such change or straightening will improve the economic or aesthetic value of the owner's land and will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or to the rights of other riparians located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing.
30.195(4) (4)Liability for negligence. No common law liability, and no statutory liability which may be provided elsewhere in these statutes, for damages resulting from the changing of the course of or from the straightening of a stream is in any manner affected by this section, nor does this section create any liability on the part of the state for any such damages, but a person who changes the course of a stream or straightens a stream in accordance with a permit granted pursuant to this section is presumed to have exercised due care in such changing or straightening.
30.195(7) (7)Application of section. This section does not apply to municipal or county-owned lands in counties having a population of 750,000 or more.
30.195 History History: 1987 a. 374.
30.195 Annotation The elements of proof required for a conviction under sub. (1) are discussed. 67 Atty. Gen. 265.
30.196 30.196 Enclosure of navigable waters; issuance of permits to municipalities. A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) if it finds that granting the permit:
30.196(1) (1) Is in the public interest;
30.196(2) (2) Will not violate public rights; and
30.196(3) (3) Will not endanger life, health or property.
30.196 History History: 1981 c. 19; 1987 a. 374.
30.20 30.20 Removal of material from beds of navigable waters.
30.20(1)(1)Unlawful removal.
30.20(1)(a)(a) No person may remove any material from the bed of any navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).
30.20(1)(b) (b) Except as provided under pars. (c) and (d), no person may remove any material from the bed of any lake or stream not mentioned under par. (a) without first obtaining a permit from the department under sub. (2) (c).
30.20(1)(c)1.1. Except as provided under subd. 2., a person may remove material from the bed of a farm drainage ditch which was not a navigable stream before ditching.
30.20(1)(c)2. 2. The department may require a permit under sub. (2) (c) for a removal under subd. 1. only if it finds the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.
30.20(1)(c)3. 3. A person who proposes a removal under subd. 1. which may have an effect on cold-water fishery resources or may affect fish spawning beds or nursery areas shall notify the department at least 10 days prior to the removal.
30.20(1)(d) (d) The drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.
30.20(2) (2)Contracts for removal.
30.20(2)(a)(a) The department, whenever consistent with public rights, may enter into contracts on behalf of the state for the removal of any material from the bed of any navigable lake or any of the outlying waters, and for the lease or sale of the material. Every contract shall contain such conditions as may be necessary for the protection of the public interest and the interests of the state and shall fix the compensation to be paid to the state for material so removed, except that no compensation may be paid for the material if the contract is with a municipality as defined in s. 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No contract entered into under this paragraph may run for a longer period than 5 years.
30.20(2)(b) (b) The department, whenever consistent with public rights, may enter into contracts on behalf of the state for the removal of any mineral, ore and material from beneath the bed of navigable lakes and waters, where the waters would not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such contract shall contain such conditions as may be necessary for the protection of the public interest and the interests of the state, and shall fix the compensation to be paid to the state for the material, mineral and ore so removed. No contract entered into, pursuant to this paragraph, shall run for a longer period than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.
30.20(2)(c) (c) A permit to remove material from the bed of any lake or stream not included in sub. (1) (a) may be issued by the department if it finds that the issuance of such a permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material.
30.20 Annotation Before proceeding to remove an obstruction under s. 88.90 (3), one must obtain a permit under s. 30.20. State v. Dwyer, 91 Wis. 2d 440, 283 N.W.2d 448 (Ct. App. 1979).
30.20 Annotation When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.202 30.202 Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers.
30.202(1)(1)Memorandum of understanding. The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
30.202(2) (2)Authorization for dredging and dredge spoil disposal. If the department enters into a memorandum of understanding with the U.S. corps of engineers under sub. (1), the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under sub. (4).
30.202(3) (3)Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
30.202(4) (4)Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under s. 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
30.202 History History: 1981 c. 240; 1995 a. 201, 227; 1997 a. 35, 248.
30.202 Note NOTE: Chapter 240, laws of 1981, which created this section, has "legislative findings" in section 1.
30.203 30.203 Lake Winnebago comprehensive project.
30.203(1)(1)Authorization. The department may implement a project to place structures or fill or both on the beds of lakes Winnebago, Butte des Morts, Winneconne and Poygan for any of the following purposes:
30.203(1)(a) (a) To improve navigation or to provide navigation aids.
30.203(1)(b) (b) To restore or protect wetland habitat or water quality.
30.203(1)(c) (c) To create, restore or protect fish and wildlife habitat.
30.203(1)(d) (d) To enhance the natural aesthetic value or improve the recreational use of these lakes.
30.203(2) (2)Location of structures and fill. Any structure or fill placed as part of the project authorized under sub. (1) shall be located in Winnebago County as follows:
30.203(2)(a) (a) In Lake Winnebago within the area that consists of the S-1/2 of Sec. 14, T. 17 N., R. 17 E., and the N-1/2 of Sec. 23, T. 17 N., R. 17 E.
30.203(2)(b) (b) In Lake Butte des Morts within an area that consists of the S-1/2 of Secs. 25, 26 and 27, T. 19 N., R. 15 E., the E-1/2 of Sec. 34, T. 19 N., R. 15 E., and the N-1/2 of Secs. 35 and 36, T. 19 N., R. 15 E.
30.203(2)(c) (c) In Lake Winneconne and Lake Poygan within an area that consists of the W-1/2 of Secs. 6 and 7, T. 19 N., R. 15 E., and the E-1/2 of Secs. 1 and 12, T. 19 N., R. 14 E.
30.203(3) (3)Preliminary requirements.
30.203(3)(a)(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub. (1), the department shall do all of the following:
30.203(3)(a)1. 1. Comply with the requirements under s. 1.11.
30.203(3)(a)2. 2. Prepare plans and gather any other information necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.203(3)(a)3. 3. Hold a public informational meeting to discuss the plans prepared under subd. 2.
30.203(3)(a)4. 4. Approve the project if it finds that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub. (4).
30.203(3)(b) (b) The department shall determine the manner in which and to whom notice will be given of the public informational meeting held under par. (a) 3.
30.203(4) (4)Requirements for structures and fill. A structure or fill placed as part of the project authorized under sub. (1) shall meet all of the following requirements:
30.203(4)(a) (a) It may not reduce the effective flood flow capacity of the Wolf River or the Fox River above the point where the Fox River flows into Lake Butte des Morts.
30.203(4)(b) (b) It may not materially obstruct navigation.
30.203(4)(c) (c) It may not cause material injury to the rights of a riparian owner who owns land that abuts a navigable waterway that is affected by the project.
30.203(4)(d) (d) It may not cause environmental pollution, as defined in s. 299.01 (4).
30.203(4)(e) (e) It may not be detrimental to the public interest.
30.203(4)(f) (f) It must further a purpose specified in sub. (1).
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?