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.
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.
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.
History: 1989 a. 217
; 1993 a. 167
General discussion of application of s. 30.131. Godfrey Co. v. Lopardo, 164 W (2d) 352, 474 NW (2d) 786 (Ct. App. 1991).
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.
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.
History: 1993 a. 167
Reports of and hearings on violations. 30.14(1)(1)
Municipalities to report violations.
The governing body of each municipality shall promptly report to the department every violation of s. 30.12
which occurs or which it has reason to believe is likely to occur within the municipal boundaries.
(2) Hearings by department.
Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable water in violation of s. 30.12
or that any wharf, pier or other structure proposed to be built in navigable water will violate s. 30.12
, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
History: 1987 a. 374
Penalty for unlawful obstruction of navigable waters. 30.15(1)(1)
Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense:
Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.
Unlawfully places in navigable waters or in any tributary thereof any substance that may float into and obstruct any such waters or impede their free navigation.
Constructs or maintains in navigable waters, or aids in the construction or maintenance therein, of any boom not authorized by law.
Constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12
(3) Each day a separate violation.
Each day during which an obstruction, deposit or structure exists in violation of sub. (1)
is a separate offense.
History: 1987 a. 374
Where bridge obstructing navigation was necessary, reasonable, and existing before plaintiff moved into area, defendant city need not abate the nuisance. Capt. Soma Boat Line v. Wisconsin Dells, 79 W (2d) 10, 255 NW (2d) 441.
If the unattended and anchored boat is left on navigable water for an unreasonable length of time, it constitutes a violation. 63 Atty. Gen. 601.
Removal of obstructions to navigation. 30.16(1)(a)(a)
The governing body of any municipality in this state may cause to be removed to a convenient and safe place any watercraft or float obstructing or interfering with the free navigation of any river, canal, water channel or slip within its harbor after having given reasonable notice to the master or owner or the agent of the master or owner, if known and a resident of this state, or to the person in charge thereof, to so remove such watercraft or float. The governing body of the municipality by ordinance or resolution may authorize any harbor master or other public officer over whom it has jurisdiction to remove such obstruction, and may prescribe the officer's duties with respect thereto and the mode of carrying them into effect and may prescribe penalties for violation of such ordinance or resolution.
Costs of removal.
All costs, charges and expenses of such removal are a first lien on such watercraft or float, which lien may be enforced in the manner provided by law. The owner of any such watercraft or float is also personally liable for such costs, charges and expenses, to be recovered by the municipality by a personal action.
(2) Removal of obstructions to navigation; wharves and piers; alternative.
As an alternative to the procedure specified under sub. (1)
, the governing body of a city, village or town may remove that portion of a wharf or pier which constitutes an unlawful obstruction to navigation as provided under s. 66.0495
Diversion of water from lakes and streams. 30.18(2)(a)(a)
No person may divert water from a stream in this state without a permit under this section if the diversion meets either of the following conditions:
The diversion is for the purpose of maintaining or restoring the normal level of a navigable lake or the normal flow of a navigable stream, regardless of whether the navigable lake or navigable stream is located within the watershed of the stream from which the water is diverted.
The diversion is for the purpose of agriculture or irrigation.
Streams or lakes.
No person, except a person required to obtain an approval under s. 281.41
, may divert water from any lake or stream in this state without a permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.
Except as provided in par. (b)
, an applicant for a permit required under sub. (2) (a)
shall file the application with the department setting forth the name and post-office address of the applicant, the name of the stream from which the water will be diverted, the point in the stream from which it is proposed to divert the water, the name of the lake or stream or the location and riparian status of the land to which the water is to be diverted, the location and description of the canal, tunnel or pipes and other works through which the water is to be diverted, the amount of water to be diverted, the periods of time when it is proposed to divert such water, the time required for the completion of the canal and other structures necessary for the completed project and, if required by the department, 4 copies of plans showing cross sections and profiles for any canal, tunnel, pipes or other diversion works and any dam and control works at the point of diversion and at the point of discharge.
For a diversion under sub. (2) (a) 1.
, a map or maps shall accompany the application with a scale of not less than one inch per 2,000 feet, showing the land topography and the probable course of the proposed diversion canal and other works, and the ownership of all lands upon which will be located the canal, tunnel, pipes and all other works for the completed project.
For a diversion under sub. (2) (a) 2.
, the application shall include written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.
The department may require such additional information as may be pertinent.
Application; streams or lakes.
An application for a permit required under sub. (2) (b)
shall be submitted in the form required under s. 281.35 (5) (a)
. If the diversion also meets either condition specified under sub. (2) (a)
, the application shall also comply with par. (a)
(4) Notice of hearing on application. 30.18(4)(a)(a)
Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.02 (3)
. In addition to the notice requirements under s. 30.02 (3)
, the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in s. 281.35 (5) (b)
or (6) (f)
, if applicable.
If a hearing on the application for a permit is conducted as a part of a hearing under s. 293.43
, the notice and hearing provisions in that section supersede the notice and hearing provisions of par. (a)
The department shall approve an application for a permit required under sub. (2) (a)
if the department determines both of the following:
That the proposed diversion will not injure any public rights in navigable waters.
That the water to be diverted is surplus water, or if it is not surplus water, that all riparians who may be adversely affected by the diversion have consented to the proposed diversion.
Streams or lakes.
The department shall approve an application for a permit required under sub. (2) (b)
if the grounds for approval specified under s. 281.35 (5) (d)
are met and, if the permit is also required under sub. (2) (a)
, if the department makes the determinations specified under par. (a)
(6) Permits; use of water; reporting; review. 30.18(6)(a)(a)
Contents of permit.
The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under sub. (2) (b)
, the permit shall comply with s. 281.35 (6)
Use of water.
A person issued a permit for the purpose of irrigation or agriculture may use the water on any land contiguous to the permittee's riparian land, but may not withdraw more water than it did before August 1, 1957, without applying to the department for a modification of the permit.
The department shall require each permittee under this section to report its volume and rate of withdrawal and its volume and rate of water loss, if any, in the form and at the times specified by the department.
Review of permits.
If the permit is one that is required under sub. (2) (a)
, but not under sub. (2) (b)
, and the permit was issued on or after August 1, 1957, the department shall review the permit at least once every 5 years. If the permit is one that is required under sub. (2) (b)
, the department shall review the permit as required under s. 281.35 (6) (b)
The department shall revoke a permit issued under sub. (5) (a)
, which is not subject to sub. (2) (b)
, if it finds any of the following:
That the water being diverted is no longer surplus water, except that the department may allow the diversion to continue if all riparians adversely affected by the diversion continue to consent to it.
If the diversion is from a stream designated by the department as a trout stream, that the revocation is desirable for conservation purposes.
The department may revoke any permit issued under sub. (5) (a)
, which is not subject to sub. (2) (b)
, if it finds that the diversion is detrimental to the stream from which the water is diverted.
(7) Prerequisites to project construction.
After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall be commenced on the canal, headworks or other structures necessary for the project until the plans for the same have been approved by the department. Any person having received a permit required under sub. (2) (a)
may construct upon the land of another the canal and other works authorized by the permit after the damage which will be sustained by the owner or owners of such land has been satisfied, or has been determined as provided for in ch. 32
, and after the final sum so determined and all costs have been paid to the persons entitled thereto or to the clerk of the circuit court on their account.
(8) Department may raise water elevations.
If after examination and investigation the department determines that it is necessary to raise water elevations in any navigable stream or lake for conservation purposes, the department may, if funds are available from any source other than license fees, determine and establish the elevations to which the water may be raised or maintained, but the water elevation may not be established below the normal elevation. If any lands are damaged by raising the water levels above normal and the department cannot acquire the right to flow the lands by agreement with the owner, the department may acquire the lands or the right to flow the lands by condemnation under ch. 32
(9) Judicial review.
Any order or determination made by the department is subject to judicial review as prescribed in ch. 227
This section is to be strictly construed and any diversion of water lawful at common law is permitted without a permit unless it is for irrigation, agriculture or to maintain normal water levels. State ex rel. Chain O'Lakes P. Asso. v. Moses, 53 W (2d) 579, 193 NW (2d) 708.
The statute applies to diversions from nonnavigable as well as from navigable streams. Omernik v. State, 64 W (2d) 6, 218 NW (2d) 734.
Legislature abrogated common law riparian right of irrigation and substituted permit procedure under (3). Omernick v. DNR, 71 W (2d) 370, 238 NW (2d) 114.
Section 94.26 exempts cranberry growers from permit requirements of 30.18. State v. Zawistowski, 95 W (2d) 250, 290 NW (2d) 303 (1980).
Enlargement and protection of waterways. 30.19(1)(1)
Unless a permit has been granted by the department or authorization has been granted by the legislature, it is unlawful:
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.
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.
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.
(1m) Exception. Subsection (1)
does not apply to any of the following:
The construction and repair of public highways.
Any navigable inland lake located wholly or partly in any county having a population of 750,000 or more.
Those portions of navigable streams, Lake Michigan or Lake Superior within any county having a population of 750,000 or more.
Any work required to maintain the original dimensions of an enlargement of a waterway authorized under sub. (1) (a)
(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:
The legal description of the lands included in the project.
A summary statement of the purpose of the project.
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.
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.
Such other information that may be required by the department.
30.19(3)(a)(a) Section 30.02 (3)
applies to permit applications under sub. (1) (b)
. 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.