AB514, s. 88
22Section
88. 30.121 (7) of the statutes is renumbered 30.381 (2) and amended
23to read:
AB514,31,424
30.381
(2) Penalties Boathouses and houseboats. Any person who constructs,
25owns
, or maintains a boathouse or fixed houseboat in violation of
this section s.
130.281 or in violation of any order issued under
this section s. 30.281 shall forfeit not
2less than $10 nor more than $50 for each offense. Each day
during which a
structure 3boathouse or a fixed houseboat exists in violation of
this section constitutes s. 30.281
4is a separate offense.
AB514, s. 89
5Section
89. 30.122 of the statutes is renumbered 30.217 and amended to read:
AB514,31,12
630.217 Unauthorized structures. All permanent alterations, deposits
, or
7structures affecting navigable waters, other than boathouses, which were
8constructed before December 9, 1977 and which did not require a permit at the time
9of construction, shall be presumed in conformity with the law
, unless a written
10complaint is filed within 180 days of December 9, 1977. Upon the filing of a
11complaint, the department shall proceed with an action to enforce the applicable
12statutes.
Note: The time period for filing a written complaint has long since expired, and
has no bearing on current structures.
AB514, s. 90
13Section
90. 30.123 (title) of the statutes is repealed and recreated to read:
AB514,31,14
1430.123 (title)
Regulation of bridges.
AB514, s. 91
15Section
91. 30.123 (1) of the statutes is renumbered 30.213 (1) and amended
16to read:
AB514,31,2117
30.213
(1) Municipalities which construct or reconstruct highway bridges shall
18not be required to obtain permits under this section or s.
30.10 or 30.12
or 30.123 for
19such the construction or reconstruction. All municipal highway bridges shall be
20constructed or reconstructed in accordance with standards developed under s. 84.01
21(23).
AB514, s. 92
22Section
92. 30.123 (2) of the statutes is amended to read:
AB514,32,9
130.123
(2) Except as provided in sub. (1) and s. 30.12 (4) Unless a permit has
2been issued under sub. (4), no person may construct or maintain a bridge in, on
, or
3over navigable waters
unless a permit has been issued by the department under this
4section. The application for a permit shall contain the applicant's name and address,
5the proposed location of the bridge, a cross section and plan view of the navigable
6waters and adjacent uplands, a description of materials to be used in construction
7of the bridge, plans for the proposed bridge, evidence of permission to construct the
8bridge from the riparian owners and any other information required by the
9department.
AB514, s. 93
10Section
93. 30.123 (3) of the statutes is repealed and recreated to read:
AB514,32,1711
30.123
(3) For a permit for a bridge crossing a navigable water that is at least
1235 feet wide, upon receipt of a complete application, the department shall either deny
13the application for the permit as provided in s. 30.246 (1) or shall give notice of receipt
14of the application for the permit as provided in s. 30.244. For a permit for a bridge
15crossing a navigable water that is less than 35 feet wide, the department shall either
16deny the application as provided in s. 30.246 (1) or shall follow the procedure
17allowing the department to give notice under s. 30.245.
AB514, s. 94
18Section
94. 30.123 (4) of the statutes is amended to read:
AB514,32,2519
30.123
(4) The department shall review the plans for the proposed bridge to
20determine whether the proposed bridge will be an obstruction to navigation or will
21adversely affect the flood flow capacity of the stream. The department shall
grant
22the issue a permit
if the proposed applied for under this section if the department
23finds that the bridge will not materially obstruct navigation,
will not materially 24reduce the effective flood flow capacity of a stream
or be, and will not be detrimental
25to the public interest.
AB514, s. 95
1Section
95. 30.123 (5) of the statutes is repealed.
Note: This repeals a requirement that bridges constructed over navigable streams
be maintained in a safe condition, as determined by the DNR. The DNR does not have
the expertise to review bridge safety and maintenance.
AB514, s. 96
2Section
96. 30.123 (6) of the statutes is created to read:
AB514,33,33
30.123
(6) Subsections (2) to (4) do not apply to the following:
AB514,33,54
(a) The construction or reconstruction of highway bridges to which s. 30.213
5applies.
AB514,33,76
(b) The construction, reconstruction, maintenance, or repair of bridges by the
7department of transportation in accordance with s. 30.341.
AB514, s. 97
8Section
97. 30.124 of the statutes is renumbered 30.351, and 30.351 (1)
9(intro.), as renumbered, is amended to read:
AB514,33,1410
30.351
(1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the
11department finds that the activity will not adversely affect
the public
interest or
12private rights or interests in fish and wildlife populations, navigation, or waterway
13flood flow capacity and will not result in environmental pollution,
as defined in s.
14299.01 (4), the department may do all of the following on public lands or waters:
AB514, s. 98
15Section
98. 30.1255 of the statutes is renumbered 30.352.
AB514, s. 99
16Section
99. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266
17(title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read:
AB514,34,318
30.266
(5) (g)
May not have improper flotation devices. No person may
19construct, place
, or maintain a fishing raft on authorized portions of the Wolf River
20unless each flotation device used on the fishing raft is clean and uncontaminated,
21properly attached to the fishing raft
, and properly maintained in conformity with
22minimum standards established by the department by rule. The department shall
23establish minimum standards for the condition, attachment
, and maintenance of
1flotation devices used on fishing rafts.
This paragraph applies to any device used to
2provide flotation for a fishing raft, including each individual barrel or styrofoam
3coffin.
AB514, s. 100
4Section
100. 30.126 (10) (title) and (a) (title) of the statutes are repealed.
AB514, s. 101
5Section
101. 30.126 (10) (a) of the statutes is renumbered 30.381 (3) (a) and
6amended to read:
AB514,34,117
30.381
(3) (a) A person who violates
this section, any rule promulgated under
8this section s. 30.266 or any order issued by the department under
this section s.
930.266 shall forfeit not less than $10 nor more than $250 for each offense. Each day
10of violation constitutes during which a fishing raft exists in violation of s. 30.266 is 11a separate offense.
AB514, s. 102
12Section
102. 30.126 (10) (b) (title) of the statutes is repealed.
AB514, s. 103
13Section
103. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and
14amended to read:
AB514,34,1815
30.381
(3) (b) A person who violates any ordinance adopted or order issued by
16the municipality under
this section s. 30.266 is subject to the penalty established by
17ordinance. A Wolf River municipality may not establish this penalty at a level which
18is less severe than the penalty established under par. (a).
AB514, s. 104
19Section
104. 30.13 (title) and (1) (intro.), (b) and (c) of the statutes are
20amended to read:
AB514,35,2
2130.13 (title)
Regulation of wharves, piers
, and swimming rafts;
22establishment of pierhead lines. (1)
Construction allowed without permit
23under certain circumstances. (intro.) A riparian
proprietor owner may construct
24a wharf or pier in a navigable waterway extending beyond the ordinary high-water
1mark or an established bulkhead line in aid of navigation without obtaining a permit
2under s. 30.12 if all of the following conditions are met:
AB514,35,43
(b) The wharf or pier does not interfere with rights of other riparian
proprietors 4owners.
AB514,35,65
(c) The wharf or pier does not extend beyond any pierhead line which is
6established under
sub. (3) s. 30.323.
AB514, s. 105
7Section
105. 30.13 (1m) (intro.) and (b) of the statutes are amended to read:
AB514,35,118
30.13
(1m) Swimming rafts allowed without permit under certain
9circumstances. (intro.) A riparian
proprietor
owner may place a swimming raft in
10a navigable waterway for swimming and diving purposes without obtaining a permit
11under s. 30.12 if all of the following conditions are met:
AB514,35,1312
(b) The swimming raft does not interfere with rights of other riparian
13proprietors owners.
AB514, s. 106
14Section
106. 30.13 (3) (title) of the statutes is repealed.
AB514, s. 107
15Section
107. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1)
16(a), as renumbered, is amended to read:
AB514,35,2417
30.323
(1) (a) Any municipality authorized by s.
30.11 30.321 to establish a
18bulkhead line may also establish a pierhead line in the same manner as it is
19authorized to establish a bulkhead line, except that a metes and bounds legal
20description is not required nor is the map required to be prepared by a registered land
21surveyor and except that if the municipality has created a board of harbor
22commissioners the municipality must obtain the approval of the board concerning
23the establishment of the pierhead line in addition to obtaining the approval of the
24department.
AB514, s. 108
25Section
108. 30.13 (4) (b) of the statutes is amended to read:
AB514,36,4
130.13
(4) (b)
Interferes with riparian rights. A wharf or pier which interferes
2with rights of other riparian
proprietors owners constitutes an unlawful obstruction
3of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or
4unless authorization for the wharf or pier is expressly provided.
AB514, s. 109
5Section
109. 30.13 (4) (c) of the statutes is amended to read:
AB514,36,216
30.13
(4) (c)
Extends beyond pierhead line; exception. A wharf or pier which
7extends into navigable waters beyond any pierhead line established under
sub. (3) 8s. 30.323 constitutes an unlawful obstruction of navigable waters unless a valid
9permit, license
, or authorization for the wharf or pier is
granted issued or unless it
10is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting
11wharf or pier if it existed prior to the establishment of the pierhead line, if it is not
12extended or expanded after that date and if the ownership of the land to which it is
13attached did not change after that date except that a wharf or pier continues its
14status as a permissible preexisting wharf or pier for one year after the date the
15change of ownership is recorded. The seasonal removal of a wharf or pier does not
16affect its status as a permissible preexisting wharf or pier if it is reestablished in
17substantially the same form. Status as a permissible preexisting wharf or pier does
18not imply that authorization for the wharf or pier is provided for the purposes of par.
19(a) or (b). The owner of a wharf or pier may submit evidence to the municipality that
20it is a permissible preexisting wharf or pier at any time after the municipality
21establishes the pierhead line.
AB514, s. 110
22Section
110. 30.13 (6) (title) of the statutes is repealed.
AB514, s. 111
23Section
111. 30.13 (6) of the statutes is renumbered 30.323 (2).
AB514, s. 112
24Section
112. 30.131 of the statutes is renumbered 30.283, and 30.283 (1)
25(intro.) and (f) and (2), as renumbered, are amended to read:
AB514,37,6
130.283
(1) (intro.) Notwithstanding s.
30.133 30.095, a wharf or pier of the type
2which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land
3and that is placed in a navigable water by a person other than the owner of the
4riparian land may not be considered to be an unlawful structure on the grounds that
5it is not placed and maintained by the owner if all of the following requirements are
6met:
AB514,37,97
(f) The placement of the wharf or pier complies with the provisions of this
8chapter, with any rules promulgated under this chapter
subchapter and with any
9applicable municipal regulations or ordinances.
AB514,37,12
10(2) Notwithstanding s.
30.133 30.095, an easement under sub. (1) may be
11conveyed if it is conveyed at the same time, and to the same person, that the land to
12which the easement is appurtenant is conveyed.
AB514, s. 113
13Section
113. 30.133 of the statutes is renumbered 30.095.
AB514, s. 114
14Section
114. 30.134 of the statutes is renumbered 30.85.
AB514, s. 115
15Section
115. 30.135 (1) (title) of the statutes is repealed and recreated to read:
AB514,37,1716
30.135
(1) (title)
Placement allowed without permit under certain
17circumstances.
AB514, s. 116
18Section
116. 30.135 (1) (a) (intro.) and 2. of the statutes are amended to read:
AB514,37,2119
30.135
(1) (a) A riparian
proprietor
owner may place a water ski platform or
20water ski jump in a navigable waterway without obtaining a permit if all of the
21following requirements are met:
AB514,37,2322
2. The platform or jump does not interfere with rights of other riparian
23proprietors owners.
AB514, s. 117
24Section
117. 30.135 (2) (a) and (4) of the statutes are amended to read:
AB514,38,12
130.135
(2) (a) Upon receipt of a complete permit application, the department
2shall either order a hearing or provide notice stating that it will proceed on the
3application without a hearing unless a substantive written objection to issuance of
4the permit is received within 30 days after publication of the notice. The department
5shall provide a copy of the notice to the applicant for the permit,
the clerk of each
6municipality in which the water ski platform or water ski jump is to be located to each
7representative of a local governmental unit required to receive notice under s. 30.04
8(3), and to any other person required by law to receive notice. The department may
9provide notice to other persons as it considers appropriate. The applicant shall
10publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the
11department that is likely to give notice in the area
to be affected
by the permit. The
12applicant shall file proof of publication
under this paragraph with the department.
AB514,38,15
13(4) Exemption. Section 30.02 does The procedures under ss. 30.244, 30.245,
14and 30.246 do not apply to
a permit
applications submitted application under this
15section.
AB514, s. 118
16Section
118. 30.14 (title) of the statutes is repealed.
AB514, s. 119
17Section
119. 30.14 (1) (title) of the statutes is repealed.
AB514, s. 120
18Section
120. 30.14 (1) of the statutes is renumbered 30.327.
AB514, s. 121
19Section
121. 30.14 (2) of the statutes is renumbered 30.247 and amended to
20read:
AB514,39,3
2130.247 Hearings by department. Upon complaint by any person to the
22department that any wharf, pier
, or other structure exists in navigable water in
23violation of s. 30.12
or, 30.13
, or
30.207 30.223 or that any wharf, pier
, or other
24structure proposed to be built in navigable water will violate s. 30.12
or, 30.13
, or
2530.207 30.223, the department shall investigate and may hold a hearing to
1determine whether the wharf, pier, or other structure is or would be in violation of
2those sections. If no hearing is held, the complainant shall be informed of the results
3of the investigation.
AB514, s. 122
4Section
122. 30.15 (title) of the statutes is repealed.
AB514, s. 123
5Section
123. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and
6amended to read:
AB514,39,77
30.98
(1) (title)
Obstructions penalized.
AB514, s. 124
8Section
124. 30.15 (1) (intro.) of the statutes is renumbered 30.98 (1) (intro.).
AB514, s. 125
9Section
125. 30.15 (1) (a), (b) and (c) of the statutes are renumbered 30.98 (1)
10(a), (b) and (c) and amended to read:
AB514,39,1211
30.98
(1) (a) Unlawfully obstructs any navigable
waters water and thereby
12impairs the free navigation
thereof of the navigable water.
AB514,39,1513
(b) Unlawfully places in
any navigable
waters or in any tributary thereof water 14any substance that may float into and obstruct any
such waters navigable water or
15that may impede
their free navigation
of any navigable water.
AB514,39,1816
(c) Constructs or maintains in
any navigable
waters, water any boom not
17authorized by law or aids in the construction or maintenance
therein, of any
such
18boom
not authorized by law.
AB514, s. 126
19Section
126. 30.15 (1) (d) of the statutes is renumbered 30.381 (4) (a) and
20amended to read:
AB514,39,2521
30.381
(4) (a)
Constructs Except as provided in par. (b), any person who
22constructs or places any structure or deposits any material in navigable waters in
23violation of s. 30.12
or 30.13 shall forfeit not less than $100 nor more than $500 for
24each offense. Each day during which a structure or deposit of material exists in
25violation of s. 30.12 is a separate offense under this paragraph.
AB514, s. 127
1Section
127. 30.15 (3) (title) of the statutes is repealed.
AB514, s. 128
2Section
128. 30.15 (3) of the statutes is renumbered 30.98 (2).
AB514, s. 129
3Section
129. 30.16 of the statutes is renumbered 30.95.
AB514, s. 130
4Section
130. 30.18 (1) (intro.) of the statutes is created to read:
AB514,40,55
30.18
(1) Definitions. (intro.) In this section:
AB514, s. 131
6Section
131. 30.18 (1) (b) of the statutes is created to read:
AB514,40,97
30.18
(1) (b) "Major diversion" means a diversion that will result in a water loss
8averaging, in any 30-day period, at least 2,000,000 gallons per day above a
9permittee's authorized base level of water loss.
AB514, s. 132
10Section
132. 30.18 (2) (a) (intro.) of the statutes is amended to read:
AB514,40,1411
30.18
(2) (a)
Streams Diversions from streams. (intro.)
No
Unless a permit has
12been issued under this section, no person may divert water from a stream
in this
13state without a permit under this section if the diversion meets either of the following
14conditions if any of the following applies:
AB514, s. 133
15Section
133. 30.18 (2) (b) of the statutes is amended to read:
AB514,40,2216
30.18
(2) (b)
Streams or
Major diversions from streams or lakes. No Unless a
17permit has been issued under this section, no person
, except a person required to
18obtain an approval under s. 281.41, may divert water from any lake
or stream in this
19state without a permit under this section if the diversion
will result in a water loss
20averaging 2,000,000 gallons per day in any 30-day period above the person's
21authorized base level of water loss is a major diversion. This paragraph does not
22apply to a person who is required to obtain an approval under s. 281.41.
AB514, s. 134
23Section
134. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are
24repealed.