LRB-1906/1
RNK:kjf&jld:pg
2007 - 2008 LEGISLATURE
April 27, 2007 - Introduced by Senators Breske, Kedzie, Darling, Plale and
Roessler, cosponsored by Representatives Gunderson, Kleefisch, Kreuser,
Albers, Ballweg, Bies, Hahn, Kaufert, Kerkman, LeMahieu, Lothian,
Montgomery, Mursau, Musser, Nelson, Nygren, Soletski, Staskunas,
Tauchen, Townsend, Vruwink and Vukmir. Referred to Committee on
Environment and Natural Resources.
SB169,1,6
1An Act to amend 25.29 (1) (c), 30.12 (1g) (f), 30.12 (1p) (a) (intro.), 30.12 (1p) (a)
22., 30.12 (3m) (a), 30.13 (1) (intro.), 30.285 (1) (a), 30.285 (2) (intro.) and 30.291
3(1); and
to create 30.03 (4) (am), 30.12 (1j), 30.12 (1k), 30.12 (3m) (am), 30.12
4(3m) (ar), 30.12 (3m) (cm), 30.12 (3m) (d), 30.206 (1g) and 30.285 (1) (e) of the
5statutes;
relating to: the regulation of certain structures in navigable waters,
6granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no person may deposit any material
or place any structure upon the bed of any navigable water where no bulkhead line
has been established or, if a bulkhead line has been established, beyond that
established line unless the person is granted a permit by the Department of Natural
Resources (DNR). A bulkhead line is a line established by a municipality in the
public interest that conforms as nearly as practicable to an existing shore. This bill
does the following:
Permit exemption for certain piers and wharves
This bill modifies the current law permitting exemption for certain piers and
wharves. Under current law, in order for the permit exemption to apply, the pier or
wharf may not be in an area of special natural resource interest, may not interfere
with the riparian rights of other riparian owners, and may only have a specified
number of boat slips that varies depending on the riparian owner's shoreline footage.
Additionally, current law provides that the pier or wharf may extend no further than
one of two points, whichever of these two points is closer to the shoreline. This bill
changes this distance requirement so that the pier or wharf may extend to whichever
of these two points is farther from the shoreline.
Current law also specifies that for the exemption to apply, the pier or wharf may
be no more than six feet wide. This bill expands the exemption for a pier so that a
pier may have an area as a loading platform that is more than six feet wide if the
platform is not more than eight feet wide, it extends perpendicular to one or both
sides of the pier, and it is located at the lakeward end of the pier or at the end of the
pier that extends into a stream.
Additional boat slips
This bill allows a riparian owner of a property that is adjacent to a lake of 50
acres or more and on which there are three or more dwelling units or on which there
are commercial structures to place a pier or wharf having more boat slips than would
be allowed without a permit, if the owner obtains an individual permit authorizing
the configuration of the pier or wharf or if the configuration of the pier or wharf is
authorized under a general permit. The number of additional boat slips that the
owner may have under the bill depends on the property's shoreline footage and the
use of the property. Under the bill, DNR may not refuse to allow an application for
an individual permit and may not deny an individual permit on the basis of the
number of slips proposed by a riparian owner if the number of slips proposed does
not exceed the number allowed under the bill.
Exemption for certain existing structures
The bill creates a new permitting exemption for certain piers and wharves that
were placed on the bed of a navigable water on or before February 6, 2004. The
exemption applies if the pier or wharf meets certain size requirements, the pier or
wharf does not interfere with the riparian rights of other riparian owners, and the
riparian owner registers the pier or wharf with DNR by a specific date. Generally,
under this exemption, the pier or wharf may not be more than eight feet wide except
that a pier may have a loading platform that is more than eight feet wide if the
platform meets certain other configuration requirements.
Prohibition on enforcement
The bill prohibits DNR from taking any enforcement action against a riparian
owner of a pier, wharf, boat shelter, boat hoist, or boat lift (structure) for which a
permit or written authorization was issued on or before February 6, 2004, if the
structure is in compliance with the permit or authorization. The prohibition does not
apply to enforcement actions initiated by DNR before February 6, 2004, if the
enforcement action is still pending on the bill's effective date.
Repair, replacement, and maintenance
The bill specifies that if a structure is exempt from permit requirements or
enforcement action, the owner may repair, maintain, or replace the structure
without obtaining a permit as long as the owner does not enlarge the structure. If
the exempt structure is a pier or wharf, the owner may relocate or reconfigure the
pier or wharf if the owner does not enlarge it, the owner has previously registered
the pier or wharf with DNR, and the owner registers the reconfigured or relocated
pier or wharf with DNR. The bill provides that DNR may not object to a minor
relocation or reconfiguration.
Solid piers
The bill also authorizes DNR to promulgate rules that limit the issuance of
individual permits for solid piers to outlying waters, harbors connected to outlying
waters, the Fox River from the dam at De Pere to Lake Winnebago, Lake Winnebago,
and the Mississippi River. A solid pier is a pier that does not allow for the free flow
of water beneath the pier. The bill specifies that the rules may not prohibit issuance
of individual permits for solid piers used for private or commercial purposes.
Consideration of alternatives
The bill requires that DNR, in determining whether to issue an individual
permit to the owner of a proposed pier or wharf, must consider all reasonable
alternatives offered by DNR and the owner of the pier or wharf relating to the
location, design, construction, and installation of the pier or wharf.
Other provisions
Current law requires that an amount equal to 1.4 times the estimated
motorboat gas tax payment be transferred each fiscal year from the transportation
fund to the conservation fund. The estimated motorboat gas tax payment for each
fiscal year is calculated by multiplying the number of registered motorboats on
January 1 of the previous fiscal year by 50 gallons and then multiplying this product
by the excise tax imposed on gasoline and diesel fuel on April 1 of the previous fiscal
year. This bill provides that for fiscal years 2007-08, 2008-09, and 2009-10, the
motorboat gas tax payment is calculated by multiplying the number of registered
motorboats on January 1 of the previous fiscal year by 50.5 gallons rather than 50
gallons. The bill also increases an appropriation to DNR for water resources
management to increase funding in fiscal year 2007-08 for the administration of
activities related to permitting and exemption determinations for piers, wharves,
and other structures.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB169, s. 1
1Section
1. 25.29 (1) (c) of the statutes is amended to read:
SB169,4,82
25.29
(1) (c) For fiscal year 1992-93, and for each fiscal year thereafter, an
3amount equal to the estimated motorboat gas tax payment multiplied by 1.4.
The 4Except for fiscal years 2007-08, 2008-09, and 2009-10, the estimated motorboat gas
1tax payment is calculated by multiplying the number of motorboats registered under
2s. 30.52 on January 1 of the previous fiscal year by 50 gallons and multiplying that
3product by the excise tax imposed under s. 78.01 (1) on April 1 of the previous fiscal
4year.
For fiscal years 2007-08, 2008-09, and 2009-10, the estimated motorboat gas
5tax payment is calculated by multiplying the number of motorboats registered under
6s. 30.52 on January 1 of the previous fiscal year by 50.5 gallons and multiplying that
7product by the excise tax imposed under s. 78.01 (1) on April 1 of the previous fiscal
8year.
SB169, s. 2
9Section
2. 30.03 (4) (am) of the statutes is created to read:
SB169,4,1410
30.03
(4) (am) In determining an appropriate remedy for a violation under this
11chapter relating to a pier or wharf, the department may not order the removal of a
12pier or wharf unless the department considers all reasonable alternatives offered by
13the department and the owner of the pier or wharf relating to the location, design,
14construction, and installation of the pier or wharf.
SB169, s. 3
15Section
3. 30.12 (1g) (f) of the statutes is amended to read:
SB169,5,216
30.12
(1g) (f) A pier or wharf that is no more than 6 feet wide, that extends no
17further than to a point where the water is 3 feet at its maximum depth, or to the point
18where there is adequate depth for mooring a boat or using a boat hoist or boat lift,
19whichever is
closer to farther from the shoreline, and
which that has no more
that 20than 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more
21than one additional boat slip for each additional 50 feet of the riparian owner's
22shoreline.
Notwithstanding the width limitation in this paragraph, a pier may have
23an area as a loading platform that is more than 6 feet wide if the platform is not more
24than 8 feet wide, it extends perpendicular to one or both sides of the pier, and it is
1located at the lakeward end of the pier or at the end of the pier that extends into a
2stream.
SB169, s. 4
3Section
4. 30.12 (1j) of the statutes is created to read:
SB169,5,94
30.12
(1j) Boat slips for certain piers and wharves. (a) Subject to pars. (b)
5and (c), the riparian owner or owners of a property that is adjacent to a lake of 50
6acres or more and on which there are 3 or more dwelling units or on which there are
7commercial structures may, in lieu of placing a pier or wharf described under sub.
8(1g) (f), place a pier or wharf that has either of the following number of boat slips,
9whichever is smaller:
SB169,5,1110
1. Four boat slips for the first 50 feet of the property's shoreline footage and no
11more than 2 boat slips for each additional 50 feet of the property's shoreline footage.
SB169,5,1412
2. One boat slip for each dwelling unit, plus an additional number of boat slips
13if the additional slips are open to the public and the use of the additional slips is
14limited to the transient docking of boats for less than 24 hours.
SB169,5,2115
(b) If the riparian owner or owners of a property described in par. (a) are eligible
16to place a pier or wharf with the number of boat slips specified in par. (a), the pier
17or wharf must be located in an area other than an area of special natural resource
18interest, may not interfere with the riparian rights of other riparian owners, and
19must meet all of the requirements for the placement of the pier or wharf specified
20under sub. (1g) (f) except for the limitation on the number of boat slips allowed under
21sub. (1g) (f).
SB169,6,622
(c) If the riparian owner or owners of a property described in par. (a) are eligible
23and propose to place a pier or wharf with the number of boat slips specified in par.
24(a), the riparian owner or owners shall apply to the department for an individual
25permit under s. 30.208 authorizing the configuration of the pier or wharf unless the
1configuration is authorized by the department under a general permit under s.
230.206 (1g). The department may not deny the permit on the basis of the number of
3slips proposed by the riparian owner or owners if the number of slips proposed does
4not exceed the number allowed under par. (a). A riparian owner or owners who apply
5for a permit under this paragraph shall be presumed to be entitled to the number of
6slips allowed under par. (a).
SB169, s. 5
7Section
5. 30.12 (1k) of the statutes is created to read:
SB169,6,98
30.12
(1k) Exemption for certain structures. (a) In this subsection,
9"structure" means a pier, wharf, boat shelter, boat hoist, or boat lift.
SB169,6,1310
(b) In addition to the exemptions under sub. (1g), a riparian owner of a pier or
11wharf that was placed on the bed of a navigable water on or before February 6, 2004,
12is exempt from the permit requirements under this section if all of the following
13apply:
SB169,6,1914
1. The pier or wharf is not more than 8 feet wide as measured across the
15shortest horizontal distance of any portion of the pier or wharf surface, except that
16a pier may have an area as a loading platform that is more than 8 feet wide if the
17platform is located at the lakeward end of the pier, or located at the end of the pier
18that extends into a stream, does not have more than 300 square feet in surface area,
19and meets the following width requirements:
SB169,6,2120
a. If the platform has a surface area of 200 square feet or less, the platform may
21be of any width.
SB169,6,2322
b. If the platform has a surface area of more than 200 square feet but not more
23than 300 square feet, the platform may not be more than 10 feet wide.
SB169,6,2524
2. The pier or wharf does not interfere with the riparian rights of other riparian
25owners.
SB169,7,3
13. The riparian owner registers the pier or wharf with the department, in the
2manner and form required by the department, no later than the first day of the 36th
3month beginning after the effective date of this subdivision .... [revisor inserts date].
SB169,7,104
(c) The department shall make available to riparian owners a form for
5registration of a pier or wharf under par. (b) 3. that is designed so that it may be
6recorded with the register of deeds. A riparian owner may, but is not required to,
7record the registration form with the register of deeds of the county where the pier
8or wharf is located. The register of deeds may charge the fee under s. 59.43 (2) (ag)
9for the recording of a pier or wharf registration under par. (b) 3. The department may
10not charge a fee for the registration of a pier or wharf under par. (b) 3.
SB169,7,1311
(cm) Except as provided in par. (d), the department may not take any
12enforcement action under this chapter against a riparian owner for the placement
13of any of the following:
SB169,7,1514
1. A structure for which the department has issued a permit under this section
15on or before February 6, 2004, if the structure is in compliance with that permit.
SB169,7,1816
2. A structure for which the department has issued a written authorization on
17or before February 6, 2004, if the structure is in compliance with that written
18authorization.
SB169,7,1919
3. A structure that is exempt under par. (b).
SB169,7,2320
(d) The prohibition on enforcement action under par. (cm) does not apply to
21enforcement action initiated by the department before February 6, 2004, if the
22enforcement action remains pending on the effective date of this paragraph ....
23[revisor inserts date].
SB169,8,3
1(e) A riparian owner who is exempt under par. (b) from the permit requirements
2under this section or who is exempt under par. (cm) from enforcement action under
3this chapter may do all of the following:
SB169,8,64
1. Repair, maintain, or replace the exempt structure without obtaining a
5permit from the department under this section unless the owner enlarges the
6structure.