AB500, s. 79 2Section 79. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and
3amended to read:
AB500,25,74 30.381 (3) (b) A person who violates any ordinance adopted or order issued by
5the municipality under this section s. 30.266 is subject to the penalty established by
6ordinance. A Wolf River municipality may not establish this penalty at a level which
7is less severe than the penalty established under par. (a).
AB500, s. 80 8Section 80. 30.13 (title), (1) (intro.), (b) and (c) of the statutes are amended to
9read:
AB500,25,15 1030.13 (title) Regulation of wharves, piers , and swimming rafts;
11establishment of pierhead lines
. (1) Construction allowed without permit
12under certain circumstances.
(intro.) A riparian proprietor owner may construct
13a wharf or pier in a navigable waterway extending beyond the ordinary high-water
14mark or an established bulkhead line in aid of navigation without obtaining a permit
15under s. 30.12 if all of the following conditions are met:
AB500,25,1716 (b) The wharf or pier does not interfere with rights of other riparian proprietors
17owners.
AB500,25,1918 (c) The wharf or pier does not extend beyond any pierhead line which is
19established under sub. (3) s. 30.323.
AB500, s. 81 20Section 81. 30.13 (3) (title) of the statutes is repealed.
AB500, s. 82 21Section 82. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1)
22(a), as renumbered, is amended to read:
AB500,26,523 30.323 (1) (a) Any municipality authorized by s. 30.11 30.321 to establish a
24bulkhead line may also establish a pierhead line in the same manner as it is
25authorized to establish a bulkhead line, except that a metes and bounds legal

1description is not required nor is the map required to be prepared by a registered land
2surveyor and except that if the municipality has created a board of harbor
3commissioners the municipality must obtain the approval of the board concerning
4the establishment of the pierhead line in addition to obtaining the approval of the
5department.
AB500, s. 83 6Section 83. 30.13 (4) (c) of the statutes is amended to read:
AB500,26,227 30.13 (4) (c) Extends beyond pierhead line; exception. A wharf or pier which
8extends into navigable waters beyond any pierhead line established under sub. (3)
9s. 30.323 constitutes an unlawful obstruction of navigable waters unless a valid
10permit, license, or authorization for the wharf or pier is granted issued or unless it
11is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting
12wharf or pier if it existed prior to the establishment of the pierhead line, if it is not
13extended or expanded after that date and if the ownership of the land to which it is
14attached did not change after that date except that a wharf or pier continues its
15status as a permissible preexisting wharf or pier for one year after the date the
16change of ownership is recorded. The seasonal removal of a wharf or pier does not
17affect its status as a permissible preexisting wharf or pier if it is reestablished in
18substantially the same form. Status as a permissible preexisting wharf or pier does
19not imply that authorization for the wharf or pier is provided for the purposes of par.
20(a) or (b). The owner of a wharf or pier may submit evidence to the municipality that
21it is a permissible preexisting wharf or pier at any time after the municipality
22establishes the pierhead line.
AB500, s. 84 23Section 84. 30.13 (6) (title) of the statutes is repealed.
AB500, s. 85 24Section 85. 30.13 (6) of the statutes is renumbered 30.323 (2).
AB500, s. 86
1Section 86. 30.131 of the statutes is renumbered 30.283, and 30.283 (1) (intro.)
2and (f) and (2), as renumbered, are amended to read:
AB500,27,83 30.283 (1) (intro.) Notwithstanding s. 30.133 30.095, a wharf or pier of the type
4which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land
5and that is placed in a navigable water by a person other than the owner of the
6riparian land may not be considered to be an unlawful structure on the grounds that
7it is not placed and maintained by the owner if all of the following requirements are
8met:
AB500,27,119 (f) The placement of the wharf or pier complies with the provisions of this
10chapter, with any rules promulgated under this chapter subchapter and with any
11applicable municipal regulations or ordinances.
AB500,27,14 12(2) Notwithstanding s. 30.133 30.095, an easement under sub. (1) may be
13conveyed if it is conveyed at the same time, and to the same person, that the land to
14which the easement is appurtenant is conveyed.
AB500, s. 87 15Section 87. 30.133 of the statutes is renumbered 30.095.
AB500, s. 88 16Section 88. 30.134 of the statutes is renumbered 30.85.
AB500, s. 89 17Section 89. 30.135 (2) of the statutes is amended to read:
AB500,27,2118 30.135 (2) If the department determines that any of the requirements under
19sub. (1) are not met, the riparian owner shall submit an application for an individual
20permit to the department. The notice and hearing provisions under s. 30.208 30.244
21(3) to (5) apply to the application.
AB500, s. 90 22Section 90. 30.14 (title) of the statutes is repealed.
AB500, s. 91 23Section 91. 30.14 (1) (title) of the statutes is repealed.
AB500, s. 92 24Section 92. 30.14 (1) of the statutes is renumbered 30.327.
AB500, s. 93
1Section 93. 30.14 (2) of the statutes is renumbered 30.247 and amended to
2read:
AB500,28,10 330.247 Hearings by department. Upon complaint by any person to the
4department that any wharf, pier, or other structure exists in navigable water in
5violation of s. 30.12 or, 30.13, or 30.207 30.223 or that any wharf, pier, or other
6structure proposed to be built in navigable water will violate s. 30.12 or, 30.13, or
730.207 30.223, the department shall investigate and may hold a hearing to
8determine whether the wharf, pier, or other structure is or would be in violation of
9those sections. If no hearing is held, the complainant shall be informed of the results
10of the investigation.
AB500, s. 94 11Section 94. 30.15 (title) of the statutes is repealed.
AB500, s. 95 12Section 95. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and
13amended to read:
AB500,28,1414 30.98 (1) (title) Obstructions penalized.
AB500, s. 96 15Section 96. 30.15 (1) (intro.) of the statutes is renumbered 30.98 (1) (intro.).
AB500, s. 97 16Section 97. 30.15 (1) (a), (b) and (c) of the statutes are renumbered 30.98 (1)
17(a), (b) and (c) and amended to read:
AB500,28,1918 30.98 (1) (a) Unlawfully obstructs any navigable waters water and thereby
19impairs the free navigation thereof of the navigable water.
AB500,28,2220 (b) Unlawfully places in any navigable waters or in any tributary thereof water
21any substance that may float into and obstruct any such waters navigable water or
22that may impede their free navigation of any navigable water.
AB500,28,2523 (c) Constructs or maintains in any navigable waters, water any boom not
24authorized by law
or aids in the construction or maintenance therein, of any such
25boom not authorized by law.
AB500, s. 98
1Section 98. 30.15 (1) (d) of the statutes is renumbered 30.381 (4) (a) and
2amended to read:
AB500,29,73 30.381 (4) (a) Constructs Except as provided in par. (b), any person who
4constructs
or places any structure or deposits any material in navigable waters in
5violation of s. 30.12 or 30.13 shall forfeit not less than $100 nor more than $500 for
6each offense. Each day during which a structure or deposit of material exists in
7violation of s. 30.12 is a separate offense under this paragraph
.
AB500, s. 99 8Section 99. 30.15 (3) of the statutes is renumbered 30.98 (2).
AB500, s. 100 9Section 100. 30.16 of the statutes is renumbered 30.95.
AB500, s. 101 10Section 101. 30.18 (1) (intro.) of the statutes is created to read:
AB500,29,1111 30.18 (1) Definitions. (intro.) In this section:
AB500, s. 102 12Section 102. 30.18 (1) (b) of the statutes is created to read:
AB500,29,1513 30.18 (1) (b) "Major diversion" means a diversion that will result in a water loss
14averaging, in any 30-day period, at least 2,000,000 gallons per day above a
15permittee's authorized base level of water loss.
AB500, s. 103 16Section 103. 30.18 (2) (a) (intro.) of the statutes is amended to read:
AB500,29,2017 30.18 (2) (a) Streams Diversions from streams. (intro.) No Unless an individual
18permit has been issued under this section, no
person may divert water from a stream
19in this state without an individual permit under this section if the diversion meets
20either of the following conditions
if any of the following applies:
AB500, s. 104 21Section 104. 30.18 (2) (b) of the statutes is amended to read:
AB500,30,422 30.18 (2) (b) Streams or Major diversions from streams or lakes. No Unless an
23individual permit has been issued under this section, no
person , except a person
24required to obtain an approval under s. 281.41,
may divert water from any lake or
25stream in this state without an individual permit under this section if the diversion

1will result in a water loss averaging 2,000,000 gallons per day in any 30-day period
2above the person's authorized base level of water loss
is a major diversion. This
3paragraph does not apply to a person who is required to obtain an approval under
4s. 281.41
.
AB500, s. 105 5Section 105. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are
6repealed.
AB500, s. 106 7Section 106. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and
8amended to read:
AB500,30,119 30.18 (3m) (a) For a diversion under sub. (2) (a) 2., the application shall include
10written
Written statements of consent to the diversion from all riparian owners who
11are making beneficial use of the water proposed to be diverted.
AB500, s. 107 12Section 107. 30.18 (3) (a) 4. of the statutes is repealed.
AB500, s. 108 13Section 108. 30.18 (3) (b) of the statutes is repealed.
AB500, s. 109 14Section 109. 30.18 (3m) (intro.) of the statutes is created to read:
AB500,30,1715 30.18 (3m) Applications for permits; specific requirements. (intro.) An
16application for a permit under this section to divert water from a stream for the
17purpose of agriculture or irrigation shall include all of the following:
AB500, s. 110 18Section 110. 30.18 (3m) (b) of the statutes is created to read:
AB500,30,2119 30.18 (3m) (b) Evidence of permission or authority to enter any land through
20which it is proposed to divert the water for the purpose of obtaining information
21required for drafting the plans for the project.
AB500, s. 111 22Section 111. 30.18 (4) (title) of the statutes is repealed and recreated to read:
AB500,30,2323 30.18 (4) (title) Action by department.
AB500, s. 112 24Section 112. 30.18 (4) (a) of the statutes is amended to read:
AB500,31,6
130.18 (4) (a) Upon receipt of a complete application for a permit under this
2section
, the department shall follow the notice and hearing procedures under s.
330.208 30.244 (3) to (5). In addition to providing notice as required under s. 30.208
430.244 (3) to (5), the department shall mail a copy of the notice to every person upon
5whose land any part of the canal or any other structure will be located, to the
all of
6the following:
AB500,31,8 72. The clerk of the next town municipality that is the next municipality
8downstream, to the from the point of the proposed diversion.
AB500,31,11 93. The clerk of any village or city each municipality in which the lake or stream
10from which water is proposed to be diverted is located and which is adjacent to any
11municipality in which the diversion will take place and to each.
AB500,31,12 124. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB500, s. 113 13Section 113. 30.18 (4) (a) 1. of the statutes is created to read:
AB500,31,1414 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.
AB500, s. 114 15Section 114. 30.18 (4) (b) of the statutes is amended to read:
AB500,31,1916 30.18 (4) (b) If a hearing on the application for a permit under this section is
17conducted as a part of a hearing under s. 293.43, the notice and hearing provisions
18in that section supersede the notice and hearing provisions of par. (a) under ss.
1930.244 and 30.245
.
AB500, s. 115 20Section 115. 30.18 (5) (title) of the statutes is repealed and recreated to read:
AB500,31,2121 30.18 (5) (title) Issuance of permits.
AB500, s. 116 22Section 116. 30.18 (5) (a) (intro.) of the statutes is amended to read:
AB500,31,2523 30.18 (5) (a) Streams Diversions from streams. (intro.) The department shall
24approve an application for issue a permit required under sub. (2) (a) if the
25department determines both that all of the following conditions apply:
AB500, s. 117
1Section 117. 30.18 (5) (a) 1. of the statutes is amended to read:
AB500,32,32 30.18 (5) (a) 1. That the The proposed diversion will not injure any public rights
3in navigable waters
be detrimental to the public interest.
AB500, s. 118 4Section 118. 30.18 (5) (a) 1m. of the statutes is created to read:
AB500,32,55 30.18 (5) (a) 1m. The proposed diversion is for use on riparian land.
AB500, s. 119 6Section 119. 30.18 (5) (a) 2. of the statutes is amended to read:
AB500,32,107 30.18 (5) (a) 2. That the Either the water to be diverted is surplus water, or if
8it is not surplus water, that all riparians
not being beneficially used or all riparian
9owners
who may be adversely affected by the diversion have consented to the
10proposed diversion.
AB500, s. 120 11Section 120. 30.18 (5) (b) of the statutes is amended to read:
AB500,32,1712 30.18 (5) (b) Streams Major diversions from streams or lakes. The department
13shall approve an application for issue a permit required under sub. (2) (b) for a major
14diversion
if the grounds for approval specified under s. 281.35 (5) (d) are met and, if
15the
. If a permit is also required under sub. (2) (a), if the department makes the
16determinations specified under par. (a)
shall issue a permit under this paragraph
17only if the conditions for a permit under par. (a) apply to the major diversion
.
AB500, s. 121 18Section 121. 30.18 (6) (title) of the statutes is amended to read:
AB500,32,1919 30.18 (6) (title) Permits; use of water Permit conditions; reporting; review.
AB500, s. 122 20Section 122. 30.18 (6) (a) of the statutes is amended to read:
AB500,32,2521 30.18 (6) (a) Contents of permit. The department shall specify on each permit
22issued under this section the quantity of water that may be diverted and the times
23during which water may be diverted. In addition, if the permit is one which is
24required under sub. (2) (b) for a major diversion, the permit shall comply with s.
25281.35 (6).
AB500, s. 123
1Section 123. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and
2amended to read:
AB500,33,83 30.18 (6) (dm) Use of water. A person who is issued a permit under this section
4for the purpose of irrigation or agriculture may use the water on any land contiguous
5to the permittee's riparian land, but may not withdraw more water than it did the
6permittee withdrew
before August 1, 1957, without applying to the department for
7a modification of the permit
unless the department approves the additional amount
8to be withdrawn by modifying the permittee's permit
.
AB500, s. 124 9Section 124. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and
10amended to read:
AB500,33,1511 30.18 (6) (bm) Reporting required. The department shall require each
12permittee
A person who is issued a permit under this section to report its shall report
13to the department the
volume and rate of withdrawal and its volume and rate of
14water loss, if any,. The report shall be in the form and at the times specified by the
15department.
AB500, s. 125 16Section 125. 30.18 (6) (cm) 3. of the statutes is created to read:
AB500,33,1817 30.18 (6) (cm) 3. A permit issued under this section before August 1, 1957, is
18exempt from the review requirements under subds. 1. and 2.
AB500, s. 126 19Section 126. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm)
20(title).
Loading...
Loading...