AB514: Bill Text

AB514, s. 76 Section 76. 30.12 (4) (title) of the statutes is repealed.

AB514, s. 77 Section 77. 30.12 (4) (a) of the statutes is renumbered 30.341 (2) and amended to read:

AB514,28,20 30.341 (2) Activities affecting inland waters of the state as defined in s. 281.01 (18) or outlying waters 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 30.12, 30.123, 30.19, 30.195, 30.20, 30.321, 30.343, 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 inland waters of the state or outlying waters.

AB514, s. 78 Section 78. 30.12 (4) (b) of the statutes is renumbered 30.341 (3) and amended to read:

AB514,29,2 30.341 (3) The exemption under par. (a) sub. (2) 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.

AB514, s. 79 Section 79. 30.12 (4) (c) of the statutes is renumbered 30.341 (4) and amended to read:

AB514,29,13 30.341 (4) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection section 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 section, may proceed with enforcement actions as the secretary deems appropriate.

AB514, s. 80 Section 80. 30.12 (4) (d) of the statutes is renumbered 30.341 (5).

AB514, s. 81 Section 81. 30.12 (4) (e) of the statutes is renumbered 30.341 (6) and amended to read:

AB514,29,19 30.341 (6) 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 section.

AB514, s. 82 Section 82. 30.12 (4) (f) of the statutes is renumbered 30.341 (7) and amended to read:

AB514,29,23 30.341 (7) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

AB514, s. 83 Section 83. 30.12 (4m) of the statutes is renumbered 30.263 (2), and 30.263 (2) (intro.), as renumbered, is amended to read:

AB514,30,5 30.263 (2) Duck Creek Drainage District structures Structures and deposits. (intro.) Subsection Section 30.12 (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:

AB514, s. 84 Section 84. 30.12 (5) of the statutes is repealed.

AB514, s. 85 Section 85. 30.121 (title) and (2) to (3r) of the statutes are renumbered 30.281 (title) and (2) to (3r).

AB514, s. 86 Section 86. 30.121 (4) of the statutes is renumbered 30.281 (4) and amended to read:

AB514,30,19 30.281 (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) 30.96 (1) 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.

AB514, s. 87 Section 87. 30.121 (5) and (6) of the statutes are renumbered 30.281 (5) and (6).

AB514, s. 88 Section 88. 30.121 (7) of the statutes is renumbered 30.381 (2) and amended to read:

AB514,31,4 30.381 (2) Penalties Boathouses and houseboats. Any person who constructs, owns, or maintains a boathouse or fixed houseboat in violation of this section s. 30.281 or in violation of any order issued under this section s. 30.281 shall forfeit not less than $10 nor more than $50 for each offense. Each day during which a structure boathouse or a fixed houseboat exists in violation of this section constitutes s. 30.281 is a separate offense.

AB514, s. 89 Section 89. 30.122 of the statutes is renumbered 30.217 and amended to read:

AB514,31,12 30.217 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.

Note: The time period for filing a written complaint has long since expired, and has no bearing on current structures.

AB514, s. 90 Section 90. 30.123 (title) of the statutes is repealed and recreated to read:

AB514,31,14 30.123 (title) Regulation of bridges.

AB514, s. 91 Section 91. 30.123 (1) of the statutes is renumbered 30.213 (1) and amended to read:

AB514,31,21 30.213 (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 or 30.123 for such the construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

AB514, s. 92 Section 92. 30.123 (2) of the statutes is amended to read:

AB514,32,9 30.123 (2) Except as provided in sub. (1) and s. 30.12 (4) Unless a permit has been issued under sub. (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.

AB514, s. 93 Section 93. 30.123 (3) of the statutes is repealed and recreated to read:

AB514,32,17 30.123 (3) For a permit for a bridge crossing a navigable water that is at least 35 feet wide, upon receipt of a complete application, the department shall either deny the application for the permit as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244. For a permit for a bridge crossing a navigable water that is less than 35 feet wide, the department shall either deny the application as provided in s. 30.246 (1) or shall follow the procedure allowing the department to give notice under s. 30.245.

AB514, s. 94 Section 94. 30.123 (4) of the statutes is amended to read:

AB514,32,25 30.123 (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 issue a permit if the proposed applied for under this section if the department finds that the bridge will not materially obstruct navigation, will not materially reduce the effective flood flow capacity of a stream or be, and will not be detrimental to the public interest.

AB514, s. 95 Section 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 Section 96. 30.123 (6) of the statutes is created to read:

AB514,33,3 30.123 (6) Subsections (2) to (4) do not apply to the following:

AB514,33,5 (a) The construction or reconstruction of highway bridges to which s. 30.213 applies.

AB514,33,7 (b) The construction, reconstruction, maintenance, or repair of bridges by the department of transportation in accordance with s. 30.341.

AB514, s. 97 Section 97. 30.124 of the statutes is renumbered 30.351, and 30.351 (1) (intro.), as renumbered, is amended to read:

AB514,33,14 30.351 (1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect the public interest 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:

AB514, s. 98 Section 98. 30.1255 of the statutes is renumbered 30.352.

AB514, s. 99 Section 99. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266 (title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read:

AB514,34,3 30.266 (5) (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. This paragraph applies to any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.

AB514, s. 100 Section 100. 30.126 (10) (title) and (a) (title) of the statutes are repealed.

AB514, s. 101 Section 101. 30.126 (10) (a) of the statutes is renumbered 30.381 (3) (a) and amended to read:

AB514,34,11 30.381 (3) (a) A person who violates this section, any rule promulgated under this section s. 30.266 or any order issued by the department under this section s. 30.266 shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes during which a fishing raft exists in violation of s. 30.266 is a separate offense.

AB514, s. 102 Section 102. 30.126 (10) (b) (title) of the statutes is repealed.

AB514, s. 103 Section 103. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and amended to read:

AB514,34,18 30.381 (3) (b) A person who violates any ordinance adopted or order issued by the municipality under this section s. 30.266 is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par. (a).

AB514, s. 104 Section 104. 30.13 (title) and (1) (intro.), (b) and (c) of the statutes are amended to read:

AB514,35,2 30.13 (title) Regulation of wharves, piers , and swimming rafts; establishment of pierhead lines. (1) Construction allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,4 (b) The wharf or pier does not interfere with rights of other riparian proprietors owners.

AB514,35,6 (c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3) s. 30.323.

AB514, s. 105 Section 105. 30.13 (1m) (intro.) and (b) of the statutes are amended to read:

AB514,35,11 30.13 (1m) Swimming rafts allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,13 (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

AB514, s. 106 Section 106. 30.13 (3) (title) of the statutes is repealed.

AB514, s. 107 Section 107. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1) (a), as renumbered, is amended to read:

AB514,35,24 30.323 (1) (a) Any municipality authorized by s. 30.11 30.321 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

AB514, s. 108 Section 108. 30.13 (4) (b) of the statutes is amended to read:

AB514,36,4 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors owners constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is expressly provided.

AB514, s. 109 Section 109. 30.13 (4) (c) of the statutes is amended to read:

AB514,36,21 30.13 (4) (c) Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under sub. (3) s. 30.323 constitutes an unlawful obstruction of navigable waters unless a valid permit, license, or authorization for the wharf or pier is granted issued or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of par. (a) or (b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.

AB514, s. 110 Section 110. 30.13 (6) (title) of the statutes is repealed.

AB514, s. 111 Section 111. 30.13 (6) of the statutes is renumbered 30.323 (2).

AB514, s. 112 Section 112. 30.131 of the statutes is renumbered 30.283, and 30.283 (1) (intro.) and (f) and (2), as renumbered, are amended to read:

AB514,37,6 30.283 (1) (intro.) Notwithstanding s. 30.133 30.095, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:

AB514,37,9 (f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter subchapter and with any applicable municipal regulations or ordinances.

AB514,37,12 (2) Notwithstanding s. 30.133 30.095, an easement under sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.

AB514, s. 113 Section 113. 30.133 of the statutes is renumbered 30.095.

AB514, s. 114 Section 114. 30.134 of the statutes is renumbered 30.85.

AB514, s. 115 Section 115. 30.135 (1) (title) of the statutes is repealed and recreated to read:

AB514,37,17 30.135 (1) (title) Placement allowed without permit under certain circumstances.

AB514, s. 116 Section 116. 30.135 (1) (a) (intro.) and 2. of the statutes are amended to read:

AB514,37,21 30.135 (1) (a) A riparian proprietor owner may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

AB514,37,23 2. The platform or jump does not interfere with rights of other riparian proprietors owners.

AB514, s. 117 Section 117. 30.135 (2) (a) and (4) of the statutes are amended to read:

AB514,38,12 30.135 (2) (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located to each representative of a local governmental unit required to receive notice under s. 30.04 (3), and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area to be affected by the permit. The applicant shall file proof of publication under this paragraph with the department.

AB514,38,15 (4) Exemption. Section 30.02 does The procedures under ss. 30.244, 30.245, and 30.246 do not apply to a permit applications submitted application under this section.

AB514, s. 118 Section 118. 30.14 (title) of the statutes is repealed.

AB514, s. 119 Section 119. 30.14 (1) (title) of the statutes is repealed.

AB514, s. 120 Section 120. 30.14 (1) of the statutes is renumbered 30.327.

AB514, s. 121 Section 121. 30.14 (2) of the statutes is renumbered 30.247 and amended to read:

AB514,39,3 30.247 Hearings by department. Upon complaint by any person to the department that any wharf, pier, or other structure exists in navigable water in violation of s. 30.12 or, 30.13, or 30.207 30.223 or that any wharf, pier, or other structure proposed to be built in navigable water will violate s. 30.12 or, 30.13, or 30.207 30.223, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.

AB514, s. 122 Section 122. 30.15 (title) of the statutes is repealed.

AB514, s. 123 Section 123. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and amended to read:

AB514,39,7 30.98 (1) (title) Obstructions penalized.