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106. 30.13 (3) (title) of the statutes is repealed.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.
AB514, s. 135
1Section
135. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and
2amended to read:
AB514,41,53
30.18
(3m) (a)
For a diversion under sub. (2) (a) 2., the application shall include
4written Written statements of consent to the diversion from all riparian owners who
5are making beneficial use of the water proposed to be diverted.
AB514, s. 136
6Section
136. 30.18 (3) (a) 4. of the statutes is repealed.
AB514, s. 137
7Section
137. 30.18 (3) (b) of the statutes is repealed.
AB514, s. 138
8Section
138. 30.18 (3m) (intro.) of the statutes is created to read:
AB514,41,119
30.18
(3m) Applications for permits; specific requirements. (intro.) An
10application for a permit under this section to divert water from a stream for the
11purpose of agriculture or irrigation shall include all of the following:
AB514, s. 139
12Section
139. 30.18 (3m) (b) of the statutes is created to read:
AB514,41,1513
30.18
(3m) (b) Evidence of permission or authority to enter any land through
14which it is proposed to divert the water for the purpose of obtaining information
15required for drafting the plans for the project.
AB514, s. 140
16Section
140. 30.18 (4) (title) of the statutes is repealed and recreated to read:
AB514,41,1717
30.18
(4) (title)
Action by department.
AB514, s. 141
18Section
141. 30.18 (4) (a) of the statutes is renumbered 30.18 (4) (a) (intro.)
19and amended to read:
AB514,42,220
30.18
(4) (a) (intro.) Upon receipt of a complete application
for a permit under
21this section, the department shall
follow the notice and hearing procedures under s.
2230.02 (3) and (4) either deny the application as provided in s. 30.246 (1) or shall give
23notice of receipt of the application for the permit as provided in s. 30.244. In addition
24to the notice requirements under s.
30.02 (3) and (4)
30.246 (2), the department shall
1mail a copy of the notice to
every person upon whose land any part of the canal or any
2other structure will be located, to the all of the following:
AB514,42,4
32. The clerk of the
next town municipality that is the next municipality 4downstream
, to the from the point of the proposed diversion.
AB514,42,7
53. The clerk of
any village or city
each municipality in which the lake or stream
6from which water is proposed to be diverted is located and which is adjacent to any
7municipality in which the diversion will take place
and to each.
AB514,42,8
84. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB514, s. 142
9Section
142. 30.18 (4) (a) 1. of the statutes is created to read:
AB514,42,1010
30.18
(4) (a) 1. Each owner of land over which water is proposed to be diverted.
AB514, s. 143
11Section
143. 30.18 (4) (b) of the statutes is amended to read:
AB514,42,1512
30.18
(4) (b) If a hearing on the application for a permit
under this section is
13conducted as a part of a hearing under s. 293.43, the notice and hearing provisions
14in that section supersede the notice
, mediation, and hearing provisions
of par. (a) 15under ss. 30.244 and 30.246.
AB514, s. 144
16Section
144. 30.18 (5) (title) of the statutes is repealed and recreated to read:
AB514,42,1717
30.18
(5) (title)
Issuance of permits.
AB514, s. 145
18Section
145. 30.18 (5) (a) (intro.) of the statutes is amended to read:
AB514,42,2119
30.18
(5) (a)
Streams Diversions from streams. (intro.) The department shall
20approve an application for issue a permit required under sub. (2) (a) if the
21department determines
both that all of the following
conditions apply:
AB514, s. 146
22Section
146. 30.18 (5) (a) 1. of the statutes is amended to read:
AB514,42,2423
30.18
(5) (a) 1.
That the The proposed diversion will not
injure any public rights
24in navigable waters be detrimental to the public interest.
AB514, s. 147
25Section
147. 30.18 (5) (a) 1m. of the statutes is created to read:
AB514,43,1
130.18
(5) (a) 1m. The proposed diversion is for use on riparian land.
AB514, s. 148
2Section
148. 30.18 (5) (a) 2. of the statutes is amended to read:
AB514,43,63
30.18
(5) (a) 2.
That the Either the water to be diverted is
surplus water, or if
4it is not surplus water, that all riparians not being beneficially used or all riparian
5owners who may be adversely affected by the diversion have consented to the
6proposed diversion.
AB514, s. 149
7Section
149. 30.18 (5) (b) of the statutes is amended to read:
AB514,43,138
30.18
(5) (b)
Streams Major diversions from streams or lakes. The department
9shall
approve an application for issue a permit required under sub. (2) (b)
for a major
10diversion if the grounds for approval specified under s. 281.35 (5) (d) are met
and, if
11the. If a permit is also required under sub. (2) (a),
if the department
makes the
12determinations specified under par. (a) shall issue a permit under this paragraph
13only if the conditions for a permit under par. (a) apply to the major diversion.
AB514, s. 150
14Section
150. 30.18 (6) (title) of the statutes is amended to read:
AB514,43,1515
30.18
(6) (title)
Permits; use of water Permit conditions; reporting; review.
AB514, s. 151
16Section
151. 30.18 (6) (a) of the statutes is amended to read: