SB459: Bill Text

SB459,3 Section 3. 30.01 (1d) of the statutes is amended to read:

SB459,7,11 30.01 (1d) "Boathouse" means a structure with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials which has one or more walls or sides, regardless of the current use of the structure.

SB459,4 Section 4. 30.025 (5) of the statutes is repealed.

SB459,5 Section 5. 30.025 (6) of the statutes is created to read:

SB459,7,17 30.025 (6) Review. Notwithstanding s. 227.42, the sole option for review of a decision of the department with respect to a permit under this section or an authorization to proceed under this section is to commence an action in circuit court to review that decision under ss. 227.52 and 227.53.

SB459,6 Section 6. 30.053 of the statutes is created to read:

SB459,8,2 30.053 Applicability of chapter to artificial water bodies. Except as specifically provided otherwise in this chapter, nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b) (a), that is not hydrologically connected to a natural navigable waterway and that does not discharge into a natural navigable waterway except as a result of storm events.

SB459,7 Section 7. 30.106 of the statutes is created to read:

SB459,8,6 30.106 Areas that possess significant scientific value. (1) Areas that the department may identify as possessing significant scientific value are limited to the following:

SB459,8,8 (a) The portion of a body of water that contains critical habitat for endangered or threatened species.

SB459,8,11 (b) The portion of a body of water that is immediately adjacent to an area that contains critical habitat for endangered or threatened species and that directly affects that habitat.

SB459,8,13 (c) A body of water designated as a wild rice water under a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.

SB459,8,15 (d) A body of water in a wetland along Lake Michigan or Lake Superior that the department has identified as an ecologically significant coastal wetland.

SB459,8,16 (e) A river that is included in the national wild and scenic rivers system.

SB459,8,17 (f) A river that is designated as a wild river under s. 30.26.

SB459,8,24 (2) The department may not identify an area as possessing significant scientific value unless it first notifies the joint committee for review of administrative rules in writing of the proposal and obtains the approval of the committee. Any area the department has identified as possessing significant scientific value on the effective date of this subsection .... [LRB inserts date], that is not identified again as possessing significant scientific value using the process under this subsection on or before December 31, 2017, loses this identification.

SB459,8 Section 8. 30.115 of the statutes is created to read:

SB459,9,1 30.115 Ownership of certain filled navigable waters. (1) In this section:

SB459,9,3 (a) "Line of navigation" means the depth of a navigable water that is the greater of the following:

SB459,9,4 1. Three feet.

SB459,9,7 2. The depth required to operate a boat on the navigable water based on normal summertime low levels on the navigable water or summer minimum levels if summer minimum levels are established by the department.

SB459,9,11 (b) "Riparian zone" means the area that extends from riparian land waterward to the line of navigation as determined by a method that establishes riparian zone lines between adjacent riparian owners in a manner that equitably apportions access to the line of navigation.

SB459,9,16 (2) If a person placed fill on the bed of a navigable water before January 1, 1975, the filled area above the ordinary high-water mark is owned by the riparian owner in whose riparian zone the fill is located on the effective date of this subsection .... [LRB inserts date], if the filled area has continuously remained above the ordinary high-water mark since January 1, 1975.

SB459,9,19 (3) The department may not require the riparian owner of a filled area described under sub. (2) to remove the fill, whether above or below the ordinary high-water mark, from that area.

SB459,9,21 (4) Upon request, the department shall furnish a quitclaim deed to the riparian owner described under sub. (2).

SB459,9,23 (5) This section does not apply to a lake bed area conveyed by the legislature as provided under s. 13.097.

SB459,9 Section 9. 30.12 (1g) (am) of the statutes is created to read:

SB459,10,2 30.12 (1g) (am) A deposit of sand, gravel, or stone that is necessary to perform an activity authorized under s. 30.125 (2) (a).

SB459,10 Section 10. 30.12 (1k) (f) of the statutes is amended to read:

SB459,10,9 30.12 (1k) (f) A decision of If the department against determines that the owner of a structure for which is not entitled to an exemption is claimed under this subsection is subject to a trial de novo, the owner may bring an action for declaratory judgment under s. 806.04 in the circuit court for the county in which the riparian property is located. The owner is not entitled to a contested case hearing or judicial review under ch. 227.

SB459,11 Section 11. 30.12 (3) (a) 3c. of the statutes is amended to read:

SB459,10,16 30.12 (3) (a) 3c. Place riprap in order to replace or repair existing riprap, other than riprap that is exempt under sub. (1g) (i) or (j). Under the permit, the department shall allow riprap to extend to the top of the bank of the navigable water or 4 feet above the ordinary high-water mark, whichever is lower. In issuing the permit, the department may not impose conditions that prohibit the replacement or repair of riprap located in an area of special natural resource interest.

SB459,12 Section 12. 30.12 (3) (a) 3g. of the statutes is amended to read:

SB459,10,22 30.12 (3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 100 continuous feet in an inland lake of 300 acres or more. Under the permit the department shall allow riprap to extend to the top of the bank of the navigable water or 4 feet above the ordinary high-water mark, whichever is lower.

SB459,13 Section 13. 30.12 (3) (a) 3r. of the statutes is amended to read:

SB459,11,3 30.12 (3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 300 continuous feet in a Great Lakes water body. Under the permit the department shall allow riprap to extend to the top of the bank of the navigable water or 4 feet above the ordinary high-water mark, whichever is lower.

SB459,14 Section 14. 30.12 (3) (a) 6. (intro.) of the statutes is renumbered 30.12 (3) (a) 6. and amended to read:

SB459,11,9 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if any of the following apply:.

SB459,15 Section 15. 30.12 (3) (a) 6. a., b. and c. of the statutes are repealed.

SB459,16 Section 16. 30.12 (3) (a) 13. of the statutes is amended to read:

SB459,11,18 30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a permit has been issued or an exemption granted under this chapter, or for which no permit was required at the time the seawall was built. The replacement may not exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed 300 continuous feet in a Great Lakes water body. In issuing the permit, the department may not impose conditions that prohibit the replacement of a seawall located in an area of special natural resource interest.

SB459,17 Section 17. 30.12 (3) (c) of the statutes is amended to read:

SB459,12,4 30.12 (3) (c) The department may impose conditions on general permits issued under par. (a) 6. to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The conditions may not govern the aesthetic features or color of boat shelters or the distance at which a boat shelter may extend from the shore and may not be based on the degree to which adjacent land is developed. The conditions shall be designed to ensure the structural soundness and durability of boat shelters. A municipality may enact ordinances that are consistent with this paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.

SB459,18 Section 18. 30.12 (3m) (cr) of the statutes is created to read:

SB459,12,9 30.12 (3m) (cr) In determining whether to issue an individual permit to the owner of a proposed permanent boat shelter, the department may not deny the permit on the basis of the distance at which the shelter will extend from the shore or the degree to which adjacent land is developed.

SB459,19 Section 19. 30.121 (1) of the statutes is amended to read:

SB459,12,13 30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors, and foundations.

SB459,20 Section 20. 30.121 (3b) of the statutes is created to read:

SB459,12,21 30.121 (3b) Expansion of historic boathouses. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may expand the boathouse without a permit under s. 30.12 if the boathouse is listed in the national register of historic places in Wisconsin or the state register of historic places, the boathouse is not expanded beyond its listed historical boundaries, and the expansion does not involve the placement of any new structure on the bed of a navigable water.

SB459,21 Section 21. 30.121 (3c) of the statutes is amended to read:

SB459,13,2 30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size , or location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.

SB459,22 Section 22. 30.121 (3w) (c) of the statutes is renumbered 30.121 (3w) (c) (intro.) and amended to read:

SB459,13,6 30.121 (3w) (c) (intro.) The boathouse is located within in any of the following locations:

SB459,13,8 1. Within a harbor that is being operated as a commercial enterprise or is located on.

SB459,13,9 2. On a river that is a tributary of Lake Michigan or Lake Superior.

SB459,23 Section 23. 30.121 (3w) (c) 3. of the statutes is created to read:

SB459,13,12 30.121 (3w) (c) 3. On an outlying water and the work is limited to the expansion, repair, or maintenance of an existing boathouse.

SB459,24 Section 24. 30.125 of the statutes is created to read:

SB459,13,14 30.125 Shoreline maintenance in outlying waters. (1) In this section:

SB459,13,15 (a) "Outlying waters" has the meaning given in s. 29.001 (63).

SB459,13,17 (b) "Shoreline area" means the area that is located between the ordinary high-water mark and water's edge.

SB459,13,20 (2) The permitting requirements under ss. 23.24 (3) and 30.12 and the contract and permitting requirements under s. 30.20 do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:

SB459,13,24 (a) The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459,14,2 (b) The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459,25 Section 25. 30.133 (1) of the statutes is amended to read:

SB459,14,13 30.133 (1) Beginning on April 9, 1994, and except as provided in s. 30.1335, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water. This subsection does not prohibit an owner of riparian land that abuts a navigable water who owns a boat docking facility that is lawfully placed on that water from entering into an agreement with another owner of riparian land that abuts the same navigable water for the shared use of that boat docking facility.

SB459,26 Section 26. 30.19 (1b) (a) of the statutes is amended to read:

SB459,14,17 30.19 (1b) (a) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

SB459,27 Section 27. 30.19 (1g) (a) of the statutes is amended to read:

SB459,14,20 30.19 (1g) (a) Construct, dredge, or enlarge any artificial water body that connects with a an existing navigable waterway.

SB459,28 Section 28. 30.19 (1g) (am) of the statutes is amended to read:

SB459,15,2 30.19 (1g) (am) Construct, dredge, or enlarge any part of an artificial water body that is or will be located within 500 feet of the ordinary high-water mark of, but that does not or will not connect with, an existing navigable waterway, including. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459,29 Section 29. 30.19 (1m) (dm) of the statutes is created to read:

SB459,15,7 30.19 (1m) (dm) The dredging of any part of an artificial water that does not connect with a navigable waterway. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459,30 Section 30. 30.20 (1g) (b) 3. of the statutes is created to read:

SB459,15,10 30.20 (1g) (b) 3. The removal is necessary to perform an activity authorized under s. 30.125 (2).

SB459,31 Section 31. 30.20 (1t) (b) of the statutes is created to read:

SB459,15,12 30.20 (1t) (b) 1. In this paragraph:

SB459,15,13 a. "Inland lake" means an inland water that is a lake.

SB459,15,14 b. "Inland water" has the meaning given in s. 29.001 (45).

SB459,15,17 2. The department shall issue a statewide general permit under s. 30.206 that authorizes any riparian owner to remove material in the following amounts once in a calendar year from a lake bed adjacent to the riparian owner's riparian property:

SB459,15,18 a. From an inland lake, 30 cubic yards.

SB459,15,19 b. From an outlying water, 100 cubic yards.

SB459,15,22 3. The department may not limit to non-mechanized equipment the types of equipment that may be used to conduct the activity under the general permit under this paragraph.

SB459,32 Section 32. 30.20 (1t) (c) of the statutes is created to read:

SB459,16,2 30.20 (1t) (c) The department may not require a person to collect a sediment sample prior to proceeding under a general permit issued under par. (a) unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459,33 Section 33. 30.20 (2) (cn) of the statutes is created to read:

SB459,16,7 30.20 (2) (cn) The department may not require an applicant for a permit under par. (bn) to collect a sediment sample unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459,34 Section 34. 30.206 (1) (a) of the statutes is amended to read: