30.12(3)(c)
(c) The department may promulgate rules deemed necessary to carry out the purposes of
par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural soundness and durability of a boat shelter. A municipality may enact ordinances not inconsistent with this section or with rules promulgated under this section regulating the architectural features of boat shelters.
30.12(3)(d)
(d) For purposes of
par. (bn), the department shall promulgate rules to establish standards governing the placement of structures specified in
par. (a) 2m.
30.12(4)
(4) Department of transportation activities; exemption; interdepartmental coordination of environmental protection measures. 30.12(4)(a)(a) Activities affecting waters of the state as defined in
s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or
s. 29.601,
30.11,
30.123,
30.19,
30.195,
30.20,
59.692,
61.351,
62.231 or
87.30 or
chs. 281 to
285 or
289 to
299, except
s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.
30.12(4)(b)
(b) The exemption under
par. (a) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.
30.12(4)(c)
(c) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection, may proceed with enforcement actions as the secretary deems appropriate.
30.12(4)(d)
(d) The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of such activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the state.
30.12(4)(e)
(e) Except as may be required otherwise under
s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this subsection.
30.12(4)(f)
(f) This subsection does not apply to activities in the Lower Wisconsin State Riverway, as defined in
s. 30.40 (15).
30.12(4m)
(4m) Duck Creek Drainage District structures and deposits. Subsection (1) does not apply to a structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:
30.12(4m)(a)
(a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.
30.12(4m)(b)
(b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.
30.12(5)
(5) Penalty. Any person violating this section or any term or condition of a permit issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 6 months or both.
30.12 Cross-reference
Cross Reference: See also chs.
NR 305,
320,
322,
323,
326, and
328, Wis. adm. code.
30.12 Annotation
In a state proceeding to enforce a DNR order requiring an owner of land abutting a navigable lake to remove a quantity of fill, the burden of proof is on the state to establish the nonexistence of a bulkhead line. State v. McFarren,
62 Wis. 2d 492,
215 N.W.2d 459 (1974).
30.12 Annotation
Sub. (1) (a) does not apply to conduct that only indirectly and unintentionally results in deposits on lake beds. State v. Deetz,
66 Wis. 2d 1,
224 N.W.2d 407 (1974).
30.12 Annotation
When a DNR decision prohibited a structure under this section and the riparian owner did not seek review under s. 227.20 [now 227.57], the trial court had no jurisdiction to hear an action by the owner seeking a declaration that the structure was a "pier" permitted under s. 30.13. Kosmatka v. DNR,
77 Wis. 2d 558,
253 N.W.2d 887 (1977).
30.12 Annotation
"Navigable waters" under this section are waters that are navigable in fact. A ski jump was a "structure" under this section. The public trust doctrine is discussed. State v. Bleck,
114 Wis. 2d 454,
338 N.W.2d 492 (1983).
30.12 Annotation
Section 66.24 (5) (c) does not exempt sewerage districts from the requirements of s. 30.12. Cassidy v. DNR,
132 Wis. 2d 153,
390 N.W.2d 81 (Ct. App. 1986).
30.12 Annotation
An area need not be navigable to be a lakebed. The ordinary high water mark is determinative. State v. Trudeau,
139 Wis. 2d 91,
408 N.W.2d 337 (1987).
30.12 Annotation
The holder of an easement does not qualify as a riparian owner. De Nava v. DNR,
140 Wis. 2d 213,
409 N.W.2d 151 (Ct. App. 1987).
30.12 Annotation
In considering whether a proposed structure is detrimental to the public interest, the 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 Wis. 2d 710,
556 N.W.2d 702 (Ct. App. 1996).
30.12 Annotation
The DNR may include consideration of local zoning ordinances in establishing the public interests at stake under sub. (2). Sea View Estates Beach Club, Inc. v. DNR,
223 Wis. 2d 138,
558 N.W.2d 667 (Ct. App. 1998).
30.12 Annotation
Review of local ordinances may be made in making a determination under sub. (2), but is not required. Issuance of a permit conditioned on compliance with a local ordinance was reasonable. Borsellino v. DNR, 2000 WI App 27,
232 Wis. 2d 430,
606 N.W.2d 255.
30.12 Annotation
Although in granting pier permits under s. 30.12 the DNR acts in furtherance of the public trust, a cause of action cannot be based only on a general allegation of a violation of the public trust doctrine. Borsellino v. DNR, 2000 WI App 27,
232 Wis. 2d 430,
606 N.W.2d 255.
30.12 Annotation
Sub. (3) (c) implicitly authorizes the promulgation of a rule restricting the construction of permanent boat shelters on undeveloped shorelines. Grafft v. DNR, 2000 WI App 187,
238 Wis. 2d 750,
618 N.W.2d 897.
30.121
30.121
Regulation of boathouses and houseboats. 30.121(2)(2)
Prohibitions. After December 16, 1979 no boathouse or fixed houseboat may be constructed or placed beyond the ordinary high-water mark of any navigable waterway.
30.121(3)
(3) Maintenance. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and maintain the boathouse or fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.
30.121(3g)
(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.
30.121(3m)
(3m) Exception; certain single-story boathouses. Notwithstanding
subs. (2) and
(3), a person may construct, repair or maintain a single-story boathouse over an authorized waterway enlargement if:
30.121(3m)(a)
(a) The boathouse does not extend beyond the ordinary high-water mark as it existed prior to the creation of the enlargement;
30.121(3m)(b)
(b) The boathouse covers the entire enlargement; and
30.121(3m)(c)
(c) Living quarters or plumbing fixtures are not constructed in the boathouse.
30.121(3r)
(3r) Exception; damages after January 1, 1984. Subsections (2) and
(3) do not apply to the repair or reconstruction of a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
30.121(4)
(4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in
s. 30.03 (4) (a) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in
s. 31.187 (1) for removing the abandoned structure.
30.121(5)
(5) Applicability. Boathouses or fixed houseboats owned by the state or by local units of government shall comply with this section. This section does not apply to any structure listed on the national register of historic places in Wisconsin or the state register of historic places.
30.121(6)
(6) Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the aesthetic features or color of boathouses.
30.121(7)
(7) Penalties. Any person who constructs, owns or maintains a boathouse or fixed houseboat in violation of this section or in violation of any order issued under this section shall forfeit not less than $10 nor more than $50 for each offense. Each day a structure exists in violation of this section constitutes a separate offense.
30.121 Cross-reference
Cross Reference: See also ch.
NR 325, Wis. adm. code.
30.121 Annotation
A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway is subject to regulation. Klingeisen v. DNR,
163 Wis. 2d 921,
472 N.W.2d 603 (Ct. App. 1991).
30.121 Annotation
An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse,
180 Wis. 2d 120,
508 N.W.2d 416 (1993).
30.121 Annotation
The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances. Pace v. Oneida County,
212 Wis. 2d 448,
569 N.W.2d 311 (Ct. App. 1997).
30.122
30.122
Unauthorized structures. All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.
30.122 History
History: 1977 c. 189.
30.123
30.123
Bridge construction and maintenance; permit. 30.123(1)(1) Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or
s. 30.10 or
30.12 for such construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under
s. 84.01 (23).
30.123(2)
(2) Except as provided in
sub. (1) and
s. 30.12 (4), no person may construct or maintain a bridge in, on or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.
30.123(3)
(3) Upon receipt of a complete application, the department shall follow the notice and hearing provisions of
s. 30.02 (3) and
(4), except that no notice or hearing is required for proposed bridges which would cross navigable waters less than 35 feet wide.
30.123(4)
(4) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the permit if the proposed bridge will not materially obstruct navigation, reduce the effective flood flow capacity of a stream or be detrimental to the public interest.
30.123(5)
(5) Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
30.123 History
History: 1977 c. 190; Stats. 1977 s. 30.122;
1977 c. 272; Stats. 1977 s. 30.123;
1987 a. 374.
30.124
30.124
Waterfowl habitat management. 30.124(1)
(1) Notwithstanding
ss. 30.12,
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:
30.124(1)(a)
(a) Cut aquatic plants, as defined in
s. 30.715 (1) (a), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
30.124(1)(b)
(b) Develop nesting islands for the purpose of increasing waterfowl production.
30.1255
30.1255
Report on control of aquatic nuisance species. 30.1255(1)(1)
Definition. In this section, "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.
30.1255(3)(a)(a) The department shall submit to the legislature biennial reports describing all of the following:
30.1255(3)(a)1.
1. The current and potential economic and environmental impact of aquatic nuisance species on the waters of the state.
30.1255(3)(a)2.
2. Potential strategies to control aquatic nuisance species.
30.1255(3)(a)3.
3. Any geographical areas, public facilities or activities conducted in this state that need technical or financial assistance to reduce the environmental, public health or safety risk that may be caused by aquatic nuisance species.
30.1255(3)(b)
(b) The department shall submit the first report required under
par. (a) before July 1, 1994, and shall submit subsequent reports before July 1 of each even-numbered year thereafter. Beginning with the report due before July 1, 2004, the department shall submit each report required under
par. (a) as part of the corresponding biennial report under
s. 23.22 (6).
30.126
30.126
Regulation of fishing rafts. 30.126(2)
(2)
Prohibition of fishing rafts. Except as provided under
subs. (3) and
(4), no person may construct or place a fishing raft on any navigable water.
30.126(3)
(3) Exception for fishing rafts on the Mississippi River. A person may maintain any fishing raft located below and in close proximity to a lock or dam on the Mississippi River if the fishing raft is constructed or in place prior to December 4, 1983. A person may construct, place and maintain a fishing raft below and in proximity to a lock or dam on the Mississippi River if a permit is obtained for the fishing raft under
s. 30.12.
30.126(4)
(4) Exception for fishing rafts on the Wolf River. A person may construct, place and maintain a fishing raft on authorized portions of the Wolf River if the person complies with the restrictions under
sub. (5). Authorized portions of the Wolf River consist of any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.126(5)
(5) Restrictions on fishing rafts on the Wolf River. 30.126(5)(a)(a) May not obstruct navigation or interfere with public rights. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in a manner which materially obstructs navigation or which materially interferes with public rights in the navigable waters.
30.126(5)(b)
(b)
May not be located in channel. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in the channel of the waterway.
30.126(5)(c)
(c)
May not block more than 25% of the waterway. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the raft alone or in combination with any other fishing rafts previously constructed and placed on the waterway results in the obstruction of more than 25% of the width of the waterway.
30.126(5)(d)
(d)
May not be located within 10 feet of another fishing raft. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River within 10 feet of any other fishing raft previously constructed and placed on the waterway.
30.126(5)(e)
(e)
May not affect riparian rights without permission of riparian owner. No person who is not the riparian owner may construct, place or maintain a fishing raft which is attached or adjacent to property of a riparian owner or which otherwise affects the rights of a riparian owner unless the person receives the written permission of the riparian owner.
30.126(5)(f)
(f)
May not be used during certain times of the year. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River prior to March 1 of any year. Any person who constructs, places or maintains a fishing raft on authorized portions of the Wolf River shall remove or cause the removal of the fishing raft from the waterway on or before October 31 of each year.
30.126(5)(g)
(g)
May not have improper flotation devices. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment and maintenance of flotation devices used on fishing rafts.
30.126(5)(h)
(h)
May not have improper toilets. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the fishing raft is equipped with a toilet which permits toilet waste to be disposed of in the waterway. A toilet on a fishing raft shall comply with rules of the department of commerce as if the toilet were on a boat.
30.126(5)(i)
(i)
May not be abandoned. No person who constructs or places a fishing raft on authorized portions of the Wolf River may abandon the fishing raft.
30.126(5)(j)
(j)
May not be improperly maintained. No person who constructs or places a fishing raft on authorized portions of the Wolf River may fail to maintain the fishing raft in conformity with minimum standards established by the department by rule. After consulting with Wolf River municipalities, the department shall establish by rule minimum standards for the maintenance of fishing rafts to ensure proper repair, to promote maintenance in an aesthetically pleasing manner and to reduce the possibility that debris or litter from the fishing raft will be deposited in the waterway.
30.126(5)(k)
(k)
May not be used unless registered. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless the fishing raft is registered under the uniform registration system and unless the registration number is displayed on the raft and on each flotation device in 3-inch block letters.
30.126(6)
(6) Registration of fishing rafts on the Wolf River. 30.126(6)(a)(a) Department to establish a uniform registration system. The department shall establish by rule general standards for a uniform registration system for fishing rafts, on authorized portions of the Wolf River, which includes all the following:
30.126(6)(a)1.
1. A uniform numbering system for fishing rafts and flotation devices used on fishing rafts.
30.126(6)(a)2.
2. Provisions for the annual registration of all fishing rafts.
