16,1252m
Section 1252m. 30.121 (3g) of the statutes is created to read:
30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.
16,1253
Section
1253. 30.124 (1) (intro.) of the statutes is amended to read:
30.124 (1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:
16,1254
Section
1254. 30.124 (1) (a) of the statutes is amended to read:
30.124 (1) (a) Cut aquatic vegetation
plants, as defined in s. 30.715 (1) (a), without removing the vegetation them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
16,1255
Section
1255. 30.125 of the statutes is repealed.
16,1255d
Section 1255d. 30.134 (1) (e) of the statutes is repealed.
16,1255h
Section 1255h. 30.134 (2) of the statutes is amended to read:
30.134 (2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity only if it is necessary to exit the body of water to bypass an obstruction.
16,1255j
Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3) (a) and amended to read:
30.134 (3) (a) In engaging in a water-related recreational activity in the using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following: enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.
16,1255k
Section 1255k. 30.134 (3) (a) 1. of the statutes is repealed.
16,1255n
Section 1255n. 30.134 (3) (a) 2. of the statutes is repealed.
16,1255p
Section 1255p. 30.134 (3) (a) 3. of the statutes is repealed.
16,1255q
Section 1255q. 30.134 (3) (a) 4. of the statutes is repealed.
16,1255r
Section 1255r. 30.134 (3) (a) 5. of the statutes is repealed.
16,1255s
Section 1255s. 30.134 (3) (a) 6. of the statutes is repealed.
16,1255t
Section 1255t. 30.134 (3) (a) 7. of the statutes is repealed.
16,1255u
Section 1255u. 30.134 (3) (b) of the statutes is repealed.
16,1255v
Section 1255v. 30.134 (5) (intro.) of the statutes is amended to read:
30.134 (5) Exceptions. (intro.) The right granted to the public to engage in recreational activities on
under this section to use an exposed shore area of a stream does not apply to any of the following:
16,1261g
Section 1261g. 30.2025 of the statutes is created to read:
30.2025 Lake Koshkonong comprehensive project. (1) Definition. In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.
(2) Authorization. The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes:
(a) To improve navigation or to provide navigation aids.
(b) To restore or protect wetland habitat or water quality.
(c) To create, restore, or protect fish and wildlife habitat.
(d) To enhance the natural aesthetic value or improve the recreational use of the lake.
(3) Location of structures and fill. Any structure or fill placed as part of the project authorized under sub. (2) shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.
(4) Preliminary requirements. (a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub. (2), the district shall submit plans and specifications for the project to the department and obtain the department's approval for the project.
(b) Before the department gives its approval for a project authorized under sub. (2), the department shall do all of the following:
1. Comply with the requirements under s. 1.11.
2. Review the plans and specifications submitted to the department under par. (a) and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill.
3. Hold a public informational meeting to discuss the plans and specifications submitted under par. (a).
4. Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub. (5).
(5) Requirements for structures and fill. A structure or fill placed as part of a project authorized under sub. (2) shall meet all of the following requirements:
(a) It may not materially affect the flood flow capacity of the Rock River.
(b) It may not materially obstruct navigation.
(c) It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project.
(d) It may not cause environmental pollution, as defined in s. 299.01 (4).
(e) It may not be detrimental to the public interest.
(f) It must further a purpose specified in sub. (2).
(6) Maintenance by the district. (a) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) to ensure that the structures and fill do not impair the safety of the public.
(b) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) so that the structures and fill remain in compliance with the requirements listed under sub. (5).
(c) If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements under sub. (5), the department may require the district to modify the structure or fill to bring it into compliance or to remove the structure or fill.
(7) Use of structures or fill. Any structure or fill placed as part of the project authorized under sub. (2) may be used only for any of the following:
(a) As a site for the placement of navigation aids approved by the department.
(b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
(c) Open space for recreational activities.
(8) Ownership. (a) The structures or fill that are part of the project authorized under sub. (2) are owned by the district. Except as provided in par. (b), the district may not transfer ownership of any structure or any fill that is part of the project authorized under sub. (2).
(b) The district may transfer ownership of any structure or fill that is part of the project authorized under sub. (2) if all of the following apply:
1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.
2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.
(9) Access to property. An employee or agent of the department shall have free access during reasonable hours to the structures or fill that are part of the project authorized under sub. (2) for the purpose of inspecting the structures or fill to ensure that the project is in compliance with the requirements of this section. If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements of this section, the department may require the owner of the structure or fill to modify the structure or fill to bring it into compliance or to remove the structure or fill.
(10) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub. (2).
16,1261k
Section 1261k. 30.2026 of the statutes is created to read:
30.2026 Lake Belle View and Sugar River project. (1) Authorization. (a) Subject to the restrictions under sub. (2), the village of Belleville may place fill on all or part of the portion of the bed of Lake Belle View located in Dane County for any of the following purposes:
1. Improving fish and wildlife habitat.
2. Creating and enhancing wetlands.
3. Improving the water quality of Lake Belle View and the Sugar River.
4. Enhancing the recreational use and aesthetic enjoyment of Lake Belle View and the Sugar River.
5. Separating Lake Belle View from the Sugar River by creating an artificial barrier from lake bottom sediments or by other means.
6. Creating suitable lake bottom depths or contours in Lake Belle View.
7. Promoting the growth of desirable wetland plants.
(b) Any lake bottom sediments that are unsuitable for the creation of an artificial barrier under par. (a) 5. may be placed in any agricultural field that is adjacent to Lake Belle View.
(c) If the village of Belleville creates an artificial barrier from lake bottom sediments under par. (a) 5., the village of Belleville shall also place lake bottom sediments in adjacent areas for the purpose of creating and enhancing wetlands.
(2) Requirements. (a) The village of Belleville shall obtain approval from the department for any placement of fill material as authorized under sub. (1).
(b) The village of Belleville shall submit to the department any plans or other information that the department considers necessary for it to effectively determine whether to grant approval under par. (a).
(c) The village of Belleville shall ensure that all of the following apply to any artificial barrier created as authorized under sub. (1).
1. The barrier does not materially obstruct navigation or reduce the effective flood flow capacity of a stream.
2. The barrier is not detrimental to the public interest.
3. The barrier is owned by a public entity and the public is granted free access to the barrier.
4. Access by the public to the barrier is limited to use as open space for recreational purposes.
5. The barrier remains in as natural a condition as is practicable, as determined by the department.
6. No structure, except those necessary in order to effectuate a purpose specified in sub. (1) (a), are placed on the barrier.
(d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2).
(3) Conditions. (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2). The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.
(b) The village of Belleville shall ensure that any construction draw down of Lake Belle View related to the creation of any artificial barrier authorized under sub. (1) occurs only once.
(4) Costs. Any costs incurred by the state to construct, maintain, improve, or remove any artificial barrier created as authorized under sub. (1) shall be paid by the village of Belleville or its successors or assigns.
(5) Immunity. The state and its officers, employees, and agents are immune from liability for acts or omissions that cause damage or injury and that relate to the construction, maintenance, or use of any artificial barrier created as authorized under sub. (1).
16,1261gk
Section 1261gk. 30.204 (1) of the statutes is amended to read:
30.204 (1) Authorization. Between May 15, 1984, and January 1, 2002 2008, the department is authorized to conduct a lake acidification experiment on the lake specified under sub. (2).
16,1261m
Section 1261m. 30.207 (1) of the statutes is amended to read:
30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt), the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont,; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.
16,1261p
Section 1261p. 30.265 of the statutes is created to read:
30.265 Adopt a river program. The department shall establish and adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. The department shall keep records of information related to the program, including the pounds of rubbish collected, the number of volunteer hours provided, and descriptions of the debris found. The department shall publicly recognize volunteers who participate in the program.
16,1261r
Section 1261r. 30.277 (1m) (a) of the statutes is amended to read:
30.277 (1m) (a) Beginning in fiscal year 1992-93, from the appropriation under s. 20.866 (2) (tz), the department shall award grants to governmental units to assist them in projects on or adjacent to rivers that flow through urban areas. The department may award these grants from the appropriation under s. 20.866 (2) (ta) beginning on July 1, 2000, subject to the agreement under s. 23.0917 (4r).