AB930: Bill Text

LRB-3761/1

RNK:wlj:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 930

March 28, 2000 - Introduced by Representatives Hutchison and Owens. Referred to Committee on Conservation and Land Use.

AB930,1,3 An Act to renumber and amend 30.12 (2); and to create 30.12 (1m) and 30.12 (2) (a) 2. of the statutes; relating to: the placement, construction, repair and maintenance of solid piers.

Analysis by the Legislative Reference Bureau

Under current law, no person may deposit any material or place any structure upon the bed of any navigable water where no bulkhead line has been established or, if a bulkhead line has been established, beyond that established line unless the person is granted a permit by the department of natural resources (DNR) pursuant to statute or unless otherwise authorized by the legislature. A bulkhead line is a line established by a municipality in the public interest that conforms as nearly as practicable to an existing shore. Among the kinds structures for which current law authorizes DNR to issue a permit are structures that are built or maintained by a riparian owner for his or her own use. DNR may issue such a permit for this purpose only after complying with certain public notice and hearing requirements. Under one exception to the general permit requirement, a riparian owner may construct a pier without a permit if, among other things, the pier allows the free movement of water underneath.

This bill provides that beginning on the bill's effective date, no person may place or construct a solid pier (a pier that prevents the free movement of water beneath the pier) beyond the ordinary high-water mark of any navigable water, regardless of whether a bulkhead line has been established, without a permit from DNR. In order to qualify for a permit, the solid pier must not materially obstruct navigation, reduce the effective flood flow capacity of a stream or be detrimental to the public interest. Additionally, the solid pier must be used in association with a marina, boat livery or harbor of refuge to which the riparian owner provides the public access without restriction other than requiring the payment of a reasonable mooring or anchoring fee. The bill requires DNR to comply with public notice and hearing requirements in connection with issuing the permit.

Finally, this bill provides that if a solid pier owned by a riparian owner was constructed before the bill's effective date and if that pier was constructed under a permit issued by DNR, the riparian owner may repair and maintain the solid pier if the cost of the repair or maintenance does not exceed 50% of the equalized assessed value of the solid pier. If the solid pier is not subject to assessment, the riparian owner may make repairs if the cost does not exceed 50% of the fair market value of the pier.

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:

AB930, s. 1 Section 1. 30.12 (1m) of the statutes is created to read:

AB930,2,4 30.12 (1m) Solid piers. (a) In this section "solid pier" means a pier that prevents the free movement of water beneath the pier, including a pier that has a rock-filled crib or similar device as a foundation.

AB930,2,8 (b) Notwithstanding sub. (1), beginning on the effective date of this paragraph .... [revisor inserts date], a person may not place or construct a solid pier extending beyond the ordinary high-water mark of any navigable water, unless the department issues a permit as provided under sub. (2) (a) 2.

AB930,3,2 (c) The riparian owner of any solid pier extending beyond the ordinary high-water mark that was placed or constructed before the effective date of this paragraph .... [revisor inserts date], and for which the department issued a permit may repair and maintain the solid pier if the cost of the repair or maintenance does not exceed 50% of the equalized assessed value of the solid pier at the time of the repair or maintenance. If the solid pier is not subject to assessment, the riparian owner may make repairs to or maintain the pier if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the solid pier.

AB930, s. 2 Section 2. 30.12 (2) of the statutes is renumbered 30.12 (2) (a) and amended to read:

AB930,3,7 30.12 (2) (a) The department, upon application and after proceeding in accordance with s. 30.02 (3) and (4), may grant to any riparian owner a permit to build do any of the following:

AB930,3,10 1. Build or maintain for the owner's use a structure otherwise prohibited under sub. (1), if the structure does not materially obstruct navigation or reduce the effective flood flow capacity of a stream and is not detrimental to the public interest.

AB930,3,12 (b) The procedures in this subsection do not apply to permits issued under sub. (3).

AB930, s. 3 Section 3. 30.12 (2) (a) 2. of the statutes is created to read:

AB930,3,21 30.12 (2) (a) 2. Beginning on the effective date of this subdivision .... [revisor inserts date], place or construct a solid pier, as defined in sub. (1m) (a), extending beyond the ordinary high-water mark of any navigable water if the solid pier does not materially obstruct navigation, does not reduce the effective flood flow capacity of a stream, is not detrimental to the public interest and is used in association with a marina, boat livery or harbor of refuge to which the riparian owner provides the public access without restriction other than requiring the payment of a reasonable mooring or anchoring fee.

AB930,3,22 (End)