AB514,20,33
30.035
(1) (title)
Lakes and streams.
AB514, s. 42
4Section
42. 30.10 (1) of the statutes is renumbered 30.035 (1) (a) and amended
5to read:
AB514,20,96
30.035
(1) (a)
All lakes wholly or partly within this state which Lakes and
7streams that are navigable in fact
for any purpose whatsoever are declared to be
8navigable
and public waters, and all persons have the same rights therein and
9thereto as they have in and to any other navigable or public waters.
AB514, s. 43
10Section
43. 30.10 (2) of the statutes is repealed.
AB514, s. 44
11Section
44. 30.10 (3) of the statutes is renumbered 30.035 (2) and amended
12to read:
AB514,20,1913
30.035
(2) Enlargements or improvements in navigable waters. All
14enlargements in navigable waters, including inner
and outer harbors, turning
15basins, waterways, slips
, and canals
created by any municipality to be used by the
16public for purposes of navigation, and all outer harbors connecting interior
17navigation with lake navigation, are declared
to be navigable waters
and are subject
18to the same control and regulation that navigable streams are subjected to as regards
19improvement, use and bridging.
AB514, s. 45
20Section
45. 30.10 (4) (title) of the statutes is repealed.
AB514, s. 46
21Section
46. 30.10 (4) (a) of the statutes is renumbered 30.213 (2) and amended
22to read:
AB514,20,2523
30.213
(2) This section Section 30.035 does not impair the powers granted by
24law under
s. 30.123 sub. (1) or by other law to municipalities to construct highway
25bridges, arches
, or culverts over streams.
AB514, s. 47
1Section
47. 30.10 (4) (b) of the statutes is renumbered 30.09 and amended to
2read:
AB514,21,13
330.09 Boundaries of lands adjoining waters. The boundaries of lands
4adjoining waters and the rights of the state and of individuals with respect to
all such 5those lands and waters shall be determined in conformity to the common law so far
6as applicable, but in the case of a lake or stream erroneously meandered in the
7original U.S. government survey, the owner of title to lands adjoining the meandered
8lake or stream, as shown on
such the original survey, is conclusively presumed to own
9to the actual shorelines unless it is first established in a suit in equity, brought by
10the
U.S. federal government for that purpose, that the government was in fact
11defrauded by such survey. If the proper claims of adjacent owners of riparian lots of
12lands between meander and actual shorelines conflict, each shall have his or her
13proportion of
such those shorelands.
AB514, s. 48
14Section
48. 30.10 (4) (c) of the statutes is repealed.
Note: The provision regarding farm drainage ditches is relocated to new s. 30.215.
AB514, s. 49
15Section
49. 30.10 (4) (d) of the statutes is renumbered 30.263 (1).
AB514, s. 50
16Section
50. 30.103 of the statutes is renumbered 30.325.
AB514, s. 51
17Section
51. 30.105 of the statutes is repealed.
Note: This provision relates to the method for determining the footage of shoreline
for certain specific purposes under ch. 30. The substance of this provision is recreated at
several places in this bill where the determination of shoreline footage is part of the
statutory procedure.
AB514, s. 52
18Section
52. 30.11 (title) of the statutes is renumbered 30.321 (title).
AB514, s. 53
19Section
53. 30.11 (1) to (4) of the statutes are renumbered 30.321 (1) to (4) and
20amended to read:
AB514,22,221
30.321
(1) Who Municipality may establish. Any municipality may, subject to
22the approval of the department, by ordinance establish
or reestablish a bulkhead line
1and from time to time reestablish the same along any section of the shore of any
2navigable waters within its boundaries.
AB514,22,9
3(2) Standards for establishing.
Bulkhead lines shall be established A
4municipality shall establish a bulkhead line in the public interest and shall conform
5the bulkhead line as nearly as practicable to the existing shores, except that in the
6case of leases under
sub. (5) and s. 24.39 (4)
or 30.343 the municipality may allow the 7bulkhead
lines may be approved line to be located farther
from beyond the existing
8shoreline if
they are the line is consistent with and
is a part of any lease executed by
9the board of commissioners of public lands.
AB514,22,22
10(3) How established
Establishment of lines. Whenever any
If a municipality
11proposes to establish
or reestablish a bulkhead line
or to reestablish an existing
12bulkhead line, the municipality shall indicate both the existing shore and the
13proposed bulkhead line upon a map and shall file with the department for its
14approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead
15line. The map shall use a scale of not less than 100 feet to an inch or any other scale
16required by the department. The map and a metes and bounds description of the
17bulkhead line shall be prepared by a land surveyor registered in this state. The
18department may require the installation of permanent reference markers
to for the
19bulkhead line. Upon approval by the department, the municipality shall deliver the
20map, description
, and ordinance to the office of the register of deeds of the county in
21which the bulkhead line lies
, to be recorded by the. The register of deeds
shall record
22the map, description, and ordinance.
AB514,22,25
23(4) Riparian rights preserved. Establishment of a bulkhead line shall not
24abridge the riparian rights of riparian
proprietors
owners. Riparian
proprietors 25owners may place solid structures or fill up to
such the bulkhead line.
AB514, s. 54
1Section
54. 30.11 (5) (title) of the statutes is repealed.
AB514, s. 55
2Section
55. 30.11 (5) (a) of the statutes is renumbered 30.343 (1) and amended
3to read:
AB514,23,164
30.343
(1) Prior to the execution of any lease by the board of commissioners of
5public lands concerning rights to submerged lands or rights to fill in submerged
6lands held in trust for the public under s. 24.39, the department shall determine
7whether the proposed physical changes in the area as a result of the execution of the
8lease are consistent with the public interest. Thirty days before making its
9determination, the department shall notify, in writing,
the clerk of the county and
10clerk of the city, village or town in which the changes are proposed each
11representative of a local governmental unit required to receive notice under s. 30.04
12(3) and the U.S. Army Corps of Engineers of the application for the lease. In making
13its finding
, the department shall give consideration to all reports submitted to it. The
14department shall not approve a lease applied for under s. 24.39 (4) (a) 2. if the
15department determines that the lease may threaten excessive destruction of wildlife
16habitat.
AB514, s. 56
17Section
56. 30.11 (5) (b) and (c) of the statutes are renumbered 30.343 (2) and
18(3).
AB514, s. 57
19Section
57. 30.11 (6) of the statutes is renumbered 30.321 (5).
AB514, s. 58
20Section
58. 30.12 (title) of the statutes is amended to read:
AB514,23,22
2130.12 (title)
Structures
Regulation of structures and deposits in
22navigable waters prohibited; exceptions; penalty.
AB514, s. 59
23Section
59. 30.12 (1) (intro.) of the statutes is amended to read:
AB514,24,324
30.12
(1) General prohibition Permit required. (intro.)
Except as provided
25under subs. (4) and (4m), unless Unless a permit has been
granted by the department
1pursuant to statute or issued under this section or authorization has been granted
2by the legislature
has otherwise authorized structures or deposits in navigable
3waters, it is unlawful, no person may do any of the following:
AB514, s. 60
4Section
60. 30.12 (1) (a) of the statutes is amended to read:
AB514,24,65
30.12
(1) (a)
To deposit Deposit any material or
to place any structure upon the
6bed of any navigable water where no bulkhead line has been established
; or.
AB514, s. 61
7Section
61. 30.12 (1) (b) of the statutes is amended to read:
AB514,24,98
30.12
(1) (b)
To deposit Deposit any material or
to place any structure upon the
9bed of any navigable water beyond a lawfully established bulkhead line.
AB514, s. 62
10Section
62. 30.12 (2) of the statutes is repealed and recreated to read:
AB514,24,1411
30.12
(2) Permits to place structures or deposits in navigable waters;
12generally. (a) A riparian owner may apply to the department for a permit that is
13required under sub. (1) in order to place a structure for the owner's use or to deposit
14any material.
AB514,24,1815
(b) Except for a permit application for a structure or deposit specified in sub.
16(3), upon receipt of a complete application, the department shall either deny the
17application for the permit as provided in s. 30.246 (1) or shall give notice of receipt
18of the application for the permit as provided in s. 30.244.
AB514,24,2019
(c) For structures other than those specified in sub. (3), the department shall
20issue a permit if the department finds that all of the following apply:
AB514,24,2121
1. The structure will not materially obstruct navigation.
AB514,24,2222
2. The structure will not be detrimental to the public interest.
AB514,24,2323
3. The structure will not materially reduce the flood flow capacity of a stream.
AB514,25,3
1(d) For deposits of materials other than the deposits specified in sub. (3), the
2department shall issue a permit if the department finds that all of the following
3apply:
AB514,25,54
1. The material will be placed for the purpose of improving habitat or
5maintaining littoral drift.
AB514,25,66
2. The material will not materially obstruct navigation.
AB514,25,77
3. The material will not materially reduce the flood flow capacity of a stream.
AB514,25,88
4. The deposit of the material will not be detrimental to the public interest.
AB514,25,109
5. The deposit of the material will promote public rights and interests in
10navigable waters.
Note: Under current law, the DNR does not have general authority to issue a
permit under s. 30.12 to "deposit any material". This section allows the DNR to issue a
permit to deposit material upon the bed of a navigable water, but uses a different
standard for the DNR to make its determination. This bill adds an additional criterion
for approval of a permit to deposit material in navigable waters--the deposit must
"promote public rights and interests in navigable waters".
AB514, s. 63
11Section
63. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to
12read:
AB514,25,1513
30.12
(3) (a) (intro.) Unless the department decides to deny a permit as
14authorized in par. (b), the department shall issue a permit to a riparian owner to do
15any of the following:
AB514, s. 64
16Section
64. 30.12 (3) (a) 6. of the statutes is amended to read:
AB514,26,217
30.12
(3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
18for the purpose of storing or protecting watercraft and associated materials, except
19that no permit may be
granted issued for a permanent boat shelter which is
20constructed after May 3, 1988, if the property on which the permanent boat shelter
21is to be located also contains a boathouse within 75 feet of the ordinary high-water
1mark of if there is a boathouse over navigable waters adjacent to the owner's
2property.
AB514, s. 65
3Section
65. 30.12 (3) (a) 9. of the statutes is created to read:
AB514,26,64
30.12
(3) (a) 9. Place an intake or outfall structure that is less than 6 feet from
5the water side of the ordinary high-water mark and that is less than 25% of the width
6of the channel in which it is placed.
AB514, s. 66
7Section
66. 30.12 (3) (am) of the statutes is created to read:
AB514,26,108
30.12
(3) (am) The department may promulgate rules that identify deposits or
9structures, in addition to those listed in par. (a), to which the permitting procedures
10under this subsection apply.
Note: A new "short form" permit is added in new s. 30.12 (4) (a) 10. for intake and
outfall structures.
AB514, s. 67
11Section
67. 30.12 (3) (b) of the statutes is repealed and recreated to read:
AB514,26,1312
30.12
(3) (b) The department may deny a permit for a structure or deposit
13specified in par. (a) if the department finds that any of the following applies:
AB514,26,1414
1. The structure or deposit will materially obstruct navigation.
AB514,26,1515
2. The structure or deposit will be detrimental to the public interest.
AB514, s. 68
16Section
68. 30.12 (3) (bg) of the statutes is created to read:
AB514,26,1917
30.12
(3) (bg) If the department denies a permit under par. (b), the department
18shall notify the applicant in writing. The procedures under ss. 30.244, 30.245, and
1930.246 do not apply to a permit application submitted under this subsection.
AB514, s. 69
20Section
69. 30.12 (3) (bn) of the statutes is amended to read:
AB514,27,521
30.12
(3) (bn) A riparian owner is exempt from the permit requirements under
22sub.
(2) (1) and this subsection for a structure specified under par. (a) 2m.
if the
23riparian owner places the structure in conformance with the standards established
1under par. (d) and if the riparian owner notifies the department in writing of the
2location of the structure at least 10 working days before it is placed
and places the
3structure in conformity with standards established by the department. The
4department shall promulgate rules to establish standards governing the placement
5of structures specified under par. (a) 2m.
AB514, s. 70
6Section
70. 30.12 (3) (br) of the statutes is created to read:
AB514,27,117
30.12
(3) (br) The department may promulgate rules that identify structures
8or deposits, in addition to those structures specified in par. (a) 2m., to which the
9requirements under sub. (1) do not apply. If the department promulgates such rules,
10the rules shall include standards and procedures governing the placement of the
11structures and the depositing of the materials.
AB514, s. 71
12Section
71. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.276 (intro.)
13and amended to read:
AB514,27,18
1430.276 Seawalls; Wolf River and Fox River basins. (intro.) A riparian
15owner is exempt from the permit requirements under
sub. (2) and this subsection s.
1630.12 for a structure that is placed on the bed of a navigable water in the Wolf River
17and Fox River basin area, as described in s.
30.207
30.223 (1), and that extends
18beyond the ordinary high-water mark, if the following conditions apply:
AB514, s. 72
19Section
72. 30.12 (3) (bt) 1. to 8. of the statutes are renumbered 30.276 (1) to
20(8).
AB514, s. 73
21Section
73. 30.12 (3) (bt) 9. of the statutes is renumbered 30.276 (9).
AB514, s. 74
22Section
74. 30.12 (3) (c) of the statutes is amended to read:
AB514,28,523
30.12
(3) (c) The department may promulgate rules
deemed necessary to carry
24out the purposes of par. (a) 6., including rules to establish minimum standards to
25govern the architectural features of boat shelters and the number of boat shelters
1that may be constructed adjacent to a parcel of land. The rules may not govern the
2aesthetic features or color of boat shelters. The standards shall be designed to assure
3the structural soundness and durability of a boat shelter. A municipality may enact
4ordinances not inconsistent with this section or with rules promulgated under this
5section regulating the architectural features of boat shelters.
AB514, s. 75
6Section
75. 30.12 (3) (d) of the statutes is repealed.
AB514, s. 76
7Section
76. 30.12 (4) (title) of the statutes is repealed.
AB514, s. 77
8Section
77. 30.12 (4) (a) of the statutes is renumbered 30.341 (2) and amended
9to read:
AB514,28,2010
30.341
(2) Activities affecting
inland waters
of the state as defined in s. 281.01
11(18) or outlying waters that are carried out under the direction and supervision of
12the department of transportation in connection with highway, bridge
, or other
13transportation project design, location, construction, reconstruction, maintenance
, 14and repair are not subject to the prohibitions or permit or approval requirements
15specified under
this section or s. 29.601,
30.11 30.12, 30.123, 30.19, 30.195, 30.20,
1630.321, 30.343, 59.692, 61.351, 62.231
, or 87.30 or chs. 281 to 285 or 289 to 299, except
17s. 281.48. However, at the earliest practical time prior to the commencement of these
18activities, the department of transportation shall notify the department of the
19location, nature
, and extent of the proposed work that may affect
the inland waters
20of the state or outlying waters.
AB514, s. 78
21Section
78. 30.12 (4) (b) of the statutes is renumbered 30.341 (3) and amended
22to read:
AB514,29,223
30.341
(3) The exemption under
par. (a) sub. (2) does not apply unless the
24activity is accomplished in accordance with interdepartmental liaison procedures
1established by the department and the department of transportation for the purpose
2of minimizing the adverse environmental impact, if any, of the activity.
AB514, s. 79
3Section
79. 30.12 (4) (c) of the statutes is renumbered 30.341 (4) and amended
4to read:
AB514,29,135
30.341
(4) If the department determines that there is reasonable cause to
6believe that an activity being carried out under this
subsection section is not in
7compliance with the environmental protection requirements developed through
8interdepartmental liaison procedures, it shall notify the department of
9transportation. If the secretary and the secretary of transportation are unable to
10agree upon the methods or time schedules to be used to correct the alleged
11noncompliance, the secretary, notwithstanding the exemption provided in this
12subsection section, may proceed with enforcement actions as the secretary deems
13appropriate.
AB514, s. 80
14Section
80. 30.12 (4) (d) of the statutes is renumbered 30.341 (5).
AB514, s. 81
15Section
81. 30.12 (4) (e) of the statutes is renumbered 30.341 (6) and amended
16to read:
AB514,29,1917
30.341
(6) Except as may be required otherwise under s. 1.11, no public notice
18or hearing is required in connection with any interdepartmental consultation and
19cooperation under this
subsection section.
AB514, s. 82
20Section
82. 30.12 (4) (f) of the statutes is renumbered 30.341 (7) and amended
21to read:
AB514,29,2322
30.341
(7) This
subsection section does not apply to activities in the Lower
23Wisconsin State Riverway, as defined in s. 30.40 (15).
AB514, s. 83
24Section
83. 30.12 (4m) of the statutes is renumbered 30.263 (2), and 30.263
25(2) (intro.), as renumbered, is amended to read: