Amendment ASA1-AB850

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 850

December 15, 2005 - Offered by Representatives Gunderson and Gard.

AB850-ASA1,1,5 An Act to renumber and amend 30.12 (1g) (f); to amend 30.13 (4) (a), 30.13 (4) (b), 30.131 (1) (intro.) and 30.291 (1); and to create 30.12 (1g) (f) 2., 30.12 (1k), 30.12 (3) (a) 7m., 30.12 (3m) (am), 30.12 (3m) (d), 30.13 (1g) and 30.13 (4) (e) of the statutes; relating to: the regulation of certain wharves and piers and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB850-ASA1, s. 1 Section 1. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) (intro.) and amended to read:

AB850-ASA1,1,12 30.12 (1g) (f) (intro.) 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 farther from the shoreline, and which that has no more that 2 than either of the following:

AB850-ASA1,2,4 1. Two 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 if that pier or wharf abuts riparian property on which there is not more than one single-family dwelling.

AB850-ASA1, s. 2 Section 2. 30.12 (1g) (f) 2. of the statutes is created to read:

AB850-ASA1,2,9 30.12 (1g) (f) 2. Four boat slips for the first 50 feet of riparian owner's shoreline footage and no more than 2 additional boat slips for each additional 50 feet of the riparian owner's shoreline if that pier or wharf abuts riparian property on which there is a multifamily dwelling or a commercial or industrial building.

AB850-ASA1, s. 3 Section 3. 30.12 (1k) of the statutes is created to read:

AB850-ASA1,2,12 30.12 (1k) Exemption for certain structures. (a) In this subsection, "structure" means a pier, boat shelter, boat hoist, or boat lift.

AB850-ASA1,2,21 (b) In addition to the exemptions under par. (1g), a riparian owner of a wharf or pier that was placed on the bed of a navigable water on or before February 6, 2004, that does not have a deck or loading platform with a surface area that is more than 400 square feet, and that does not interfere with the riparian rights of adjacent property owners is exempt from the permit requirements under this section if the owner registers the wharf or pier with the department, in the manner required by the department, no later than the first day of the 36th month beginning after the effective date of this paragraph .... [revisor inserts date]. The department may not charge a fee for the registration of a wharf or pier under this paragraph.

AB850-ASA1,2,23 (c) The department may not take any enforcement action under this chapter against a riparian owner of any of the following:

AB850-ASA1,2,25 1. A structure for which the department has issued a permit under this section on or before February 6, 2004, if the structure is in compliance with that permit.

AB850-ASA1,3,3 2. A structure for which the department has issued a written authorization on or before February 6, 2004, if the structure is in compliance with that written authorization.

AB850-ASA1,3,4 3. A structure that qualifies for the exemption under par. (b).

AB850-ASA1,3,8 (d) The department may not take any enforcement action under this chapter against a riparian owner of a wharf or pier who does not hold a permit as required under this section unless the structure constitutes an unlawful obstruction of navigable waters under s. 30.13.

AB850-ASA1,3,11 (e) A riparian owner who is exempt under par. (b) from the permit requirements under this section or who is exempt under par. (c) from enforcement action under this section may do all of the following:

AB850-ASA1,3,13 1. Repair and maintain the structure without obtaining a permit from the department under this section unless the owner enlarges the structure.

AB850-ASA1,3,15 2. Relocate the structure if it is relocated to a different place on the same property where the structure was originally placed.

AB850-ASA1,3,21 (f) A riparian owner who is exempt under par. (b) from the permit requirements under this chapter or who is exempt under par. (c) from enforcement action under this chapter may not enlarge the structure without obtaining a permit as required under this section. If the department takes enforcement action against a riparian owner under this paragraph, it may take such action only with regard to the portion of the structure that was enlarged.

AB850-ASA1, s. 4 Section 4. 30.12 (3) (a) 7m. of the statutes is created to read:

AB850-ASA1,3,24 30.12 (3) (a) 7m. Place a newly constructed pier that has one additional boat slip than the number of boat slips authorized under sub. (1g) (f) 1.

AB850-ASA1, s. 5 Section 5. 30.12 (3m) (am) of the statutes is created to read:

AB850-ASA1,4,6 30.12 (3m) (am) The department may not refuse to allow a riparian owner to apply for an individual permit for the placement of a pier or wharf, including a solid pier, that exceeds the number of boat slips authorized under sub. (1g) (f). The department shall evaluate such permit applications on an individual basis and shall grant such applications if the department finds that the pier or wharf meets the requirements under par. (c) 1. to 3.

AB850-ASA1, s. 6 Section 6. 30.12 (3m) (d) of the statutes is created to read:

AB850-ASA1,4,9 30.12 (3m) (d) 1. In this paragraph, "solid pier" means a pier that does not allow for the free flow of water beneath the pier.

AB850-ASA1,4,15 2. The department may 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. The rules may establish reasonable conditions to implement the criteria under par. (c) 1. to 3. The rules may not prohibit the issuance of individual permits for solid piers used for private or commercial purposes.

AB850-ASA1, s. 7 Section 7. 30.13 (1g) of the statutes is created to read:

AB850-ASA1,4,19 30.13 (1g) Exemption for certain piers. Notwithstanding sub. (1), a pier need not meet the conditions specified under sub. (1) (a) to (c) in order to qualify for the exemption under s. 30.12 (1k).

AB850-ASA1, s. 8 Section 8. 30.13 (4) (a) of the statutes is amended to read:

AB850-ASA1,4,25 30.13 (4) (a) Interferes with public rights. A wharf or pier which that interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s. 30.12, unless it is a pier that meets the exemption requirements under s. 30.12 (1k), or unless other authorization for the wharf or pier is expressly provided.

AB850-ASA1, s. 9 Section 9. 30.13 (4) (b) of the statutes is amended to read:

AB850-ASA1,5,6 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which that interferes with rights of other riparian owners constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s. 30.12, unless it is a pier that meets the exemption requirements under s. 30.12 (1k), or unless other authorization for the wharf or pier is expressly provided.

AB850-ASA1, s. 10 Section 10. 30.13 (4) (e) of the statutes is created to read:

AB850-ASA1,5,9 30.13 (4) (e) A decision of the department against the owner of a structure for which an exemption is claimed under s. 30.12 (1k) is subject to a trial de novo.

AB850-ASA1, s. 11 Section 11. 30.131 (1) (intro.) of the statutes is amended to read:

AB850-ASA1,5,16 30.131 (1) (intro.) Notwithstanding s. 30.133, a wharf or pier of the type which does not require a permit under ss. s. 30.12 (1) or (1k) and or s. 30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:

AB850-ASA1, s. 12 Section 12. 30.291 (1) of the statutes is amended to read:

AB850-ASA1,5,23 30.291 (1) For purposes of determining whether an exemption is appropriate under s. 30.12 (1k), (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is appropriate under s. 30.206 (3), or whether authorization to proceed under a general permit is appropriate under s. 30.206 (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.

AB850-ASA1,5,24 (End)