2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representatives Wichgers, Tauchen, Jacque,
Weatherston and Horlacher, cosponsored by Senator Craig. Referred to
Committee on Natural Resources and Sporting Heritage.
1An Act to create
30.2005 of the statutes; relating to: an exemption from permit
2requirements for certain riparian owners who remove material from the bed of
3a navigable water.
Analysis by the Legislative Reference Bureau
This bill allows a person who owns waterfront property (riparian owner) to
remove certain material from the bed of an inland navigable water without obtaining
a permit from the Department of Natural Resources. No permit is required if the
removal meets certain requirements, including that the removal occurs within the
riparian owner's riparian zone, which is a specified area extending waterward of the
shoreline; the removal is limited to a specified amount of material; the removal
occurs in a navigable water that is affected by a man-made impoundment; the
material removed is unconsolidated sediment that was deposited after the navigable
water was affected by the impoundment; and the removal is undertaken in order to
navigate from the shoreline of the riparian property to a specified water depth.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
30.2005 of the statutes is created to read:
530.2005 Permit exemption; removal of material from beds of navigable
6waters; riparian owners. (1)
In this section:
(a) “Inland waters" has the meaning given in s. 29.001 (45).
(b) “Line of navigation" means the depth of a navigable water required to 3
operate a boat on the navigable water.
(c) “Riparian zone" means the area that extends from riparian land waterward 5
to the line of navigation as determined by a method that establishes riparian zone 6
lines between adjacent riparian owners in a manner that equitably apportions access 7
to the line of navigation.
A riparian owner may remove material from the bed of a navigable water 9
that is an inland water without obtaining a permit under s. 23.24 (3) or under s. 30.20 10
if all of the following apply:
(a) The removal occurs within the riparian owner's riparian zone.
(b) The riparian owner's riparian zone abuts a navigable water that is affected 13
by a man-made impoundment, and the material removed is unconsolidated 14
sediment that was deposited after the navigable water was affected by the 15
(c) The removal does not occur in a navigable water that is identified as an 17
outstanding or exceptional resource water under s. 281.15.
(d) The total amount of material removed does not exceed 50 cubic yards per 19
(e) The material is removed to allow the riparian owner to navigate from the 21
shoreline of his or her riparian property to the line of navigation.
(f) The riparian owner uses best management practices, established by the 23
department and published on its Internet site, for the removal and disposal of the 24