2003 Wisconsin Act 118

30.12 (title) Structures and deposits in navigable waters prohibited; exceptions; penalty.

118,19 Section 19. 30.12 (1) (intro.) of the statutes is amended to read:

30.12 (1) General prohibition Permits required. (intro.) Except as provided under subs. (4) and (4m), unless a Unless an individual or a general permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

118,20 Section 20. 30.12 (1) (a) of the statutes is amended to read:

30.12 (1) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established; or.

118,21 Section 21. 30.12 (1) (b) of the statutes is amended to read:

30.12 (1) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

118,22 Section 22. 30.12 (1g) (intro.), (a), (b), (e), (f), (i), (j), (k) and (km) of the statutes are created to read:

30.12 (1g) Exemptions. (intro.) A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the riparian rights of other riparian owners, and is any of the following:

(a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that is associated with any activity or project that is exempt from an individual permit or a general permit under this subchapter.

(b) A structure, other than a pier or a wharf, that is placed on a seasonal basis in accordance with rules promulgated by the department.

(e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property, in accordance with rules promulgated by the department.

(f) A pier or wharf that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.

(i) Riprap in an amount not to exceed 100 linear feet that is placed to replace existing riprap located in an inland lake or Great Lakes water body and that includes the replacement of filter fabric or base substrate.

(j) Riprap in an amount not to exceed 300 linear feet that is placed to repair existing riprap located in an inland lake or Great Lakes water body, and that consists only of the placement of additional rock or the redistribution of existing rock within the footprint of the existing riprap.

(k) A biological shore erosion control structure, as defined by rule by the department.

(km) An intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.

118,23 Section 23. 30.12 (1p) of the statutes is created to read:

30.12 (1p) Rules. (a) The department may promulgate rules concerning the exempt activities under sub. (1g) that only do any of the following:

1. Establish reasonable installation practices for the placement of structures or the deposit of material to minimize environmental impacts.

2. Establish reasonable construction and design requirements for the placement of structures under sub. (1g) (c), (d), (f), (g), (h), and (km) that are consistent with the purpose of the activity.

3. Establish reasonable limitations on the location of the placement of structures or the deposit of material at the site affected by the activity.

(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish practices or requirements that prohibit the placement of structures or the deposit of material or that render the placement of structures or the deposit of material economically cost-prohibitive.

118,24 Section 24. 30.12 (2) of the statutes is repealed.

118,25 Section 25. 30.12 (2m) of the statutes is created to read:

30.12 (2m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (1g) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

(a) Significant adverse impacts to the public rights and interests.

(b) Environmental pollution, as defined in s. 299.01 (4).

(c) Material injury to the riparian rights of any riparian owner.

118,26 Section 26. 30.12 (2r) of the statutes is created to read:

30.12 (2r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

(b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):

1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.

2. Make a determination as to whether the activity is exempt.

3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.

(c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.

(d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.

118,27 Section 27. 30.12 (3) (title) of the statutes is repealed and recreated to read:

30.12 (3) (title) General permits.

118,28 Section 28. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

118,29 Section 29. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

118,30 Section 30. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read:

30.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

118,31 Section 31. 30.12 (3) (a) 3. of the statutes is repealed.

118,32 Section 32. 30.12 (3) (a) 3c. of the statutes is created to read:

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).

118,33 Section 33. 30.12 (3) (a) 3g. of the statutes is created to read:

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.

118,34 Section 34. 30.12 (3) (a) 3r. of the statutes is created to read:

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.

118,35 Section 35. 30.12 (3) (a) 6. of the statutes is amended to read:

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 granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there is a boathouse over navigable waters adjacent to the owner's property.

118,36 Section 36. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and amended to read:

30.12 (1g) (g) Place an An intake structure and pipe that is placed on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.

118,37 Section 37. 30.12 (3) (a) 8. of the statutes is renumbered 30.12 (1g) (h) and amended to read:

30.12 (1g) (h) Drive a piling A piling that is driven into the bed of a navigable water adjacent to the owner's property for the purpose of deflecting ice, protecting an existing or proposed structure, or providing a pivot point for turning watercraft.

118,38 Section 38. 30.12 (3) (a) 13. of the statutes is created to read:

30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a permit has been issued under this chapter. 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.

118,39 Section 39. 30.12 (3) (b) of the statutes is repealed.

118,40 Section 40. 30.12 (3) (bn) of the statutes is repealed.

118,41 Section 41. 30.12 (3) (br) of the statutes is created to read:

30.12 (3) (br) The department may promulgate rules that specify structures or deposits, in addition to those listed in par. (a), that may be authorized by statewide general permits.

118,42 Section 42. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.) and amended to read:

30.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

118,43 Section 43. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1) to (9).

118,44 Section 44. 30.12 (3) (c) of the statutes is amended to read:

30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of impose conditions on general permits issued under par. (a) 6., including rules to establish minimum standards 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 rules conditions may not govern the aesthetic features or color of boat shelters. The standards conditions shall be designed to assure ensure the structural soundness and durability of a boat shelter boat shelters. A municipality may enact ordinances not inconsistent that are consistent with this section or with rules promulgated under this section regulating 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.

118,45 Section 45. 30.12 (3) (d) of the statutes is repealed.

118,46 Section 46. 30.12 (3m) of the statutes is created to read:

30.12 (3m) Individual permits. (a) For a structure or deposit that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian owner may apply to the department for the individual permit that is required under sub. (1) in order to place the structure for the owner's use or to deposit the material.

(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

(c) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply:

1. The structure or deposit will not materially obstruct navigation.

2. The structure or deposit will not be detrimental to the public interest.

3. The structure or deposit will not materially reduce the flood flow capacity of a stream.

118,47 Section 47. 30.12 (4) (title) of the statutes is repealed.

118,48 Section 48. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and amended to read:

30.2022 (1) Activities affecting waters of the state , as defined in s. 281.01 (18), 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, 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 waters of the state.

118,49 Section 49. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and amended to read:

30.2022 (2) The exemption under par. (a) sub. (1) 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.

118,50 Section 50. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and amended to read:

30.2022 (3) 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.

118,51 Section 51. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).

118,52 Section 52. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and amended to read:

30.2022 (5) 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.

118,53 Section 53. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended to read:

30.2022 (6) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).