AB850-SSA1,4,65 30.12 (1k) Exemption for certain structures. (a) In this subsection,
6"structure" means a pier, wharf, boat shelter, boat hoist, or boat lift.
AB850-SSA1,4,107 (b) In addition to the exemptions under sub. (1g), a riparian owner of a pier or
8wharf that was placed on the bed of a navigable water on or before February 6, 2004,
9is exempt from the permit requirements under this section if all of the following
10apply:
AB850-SSA1,4,1611 1. The pier or wharf is not more than 8 feet wide as measured across the
12shortest horizontal distance of any portion of the pier or wharf surface, except that
13a pier may have an area as a loading platform that exceeds 8 feet in width if the
14platform is located at the lakeward end of the pier, or located at the end of the pier
15that extends into a stream, does not exceed 300 square feet in surface area, and meets
16the following width requirements:
AB850-SSA1,4,1817 a. If the platform has a surface area of 200 square feet or less, the platform may
18be of any width.
AB850-SSA1,4,2019 b. If the platform has a surface area of more than 200 square feet but not more
20than 300 square feet, the platform may not be more than 10 feet wide.
AB850-SSA1,4,2221 2. The pier or wharf does not interfere with the riparian rights of other riparian
22owners.
AB850-SSA1,4,2523 3. The riparian owner registers the pier or wharf with the department, in the
24manner and form required by the department, no later than the first day of the 36th
25month beginning after the effective date of this subdivision .... [revisor inserts date].
AB850-SSA1,5,7
1(c) The department shall make available to riparian owners a form for
2registration of a pier or wharf under par. (b) 3. that is designed so that it may be
3recorded with the register of deeds. A riparian owner may, but is not required to,
4record the registration form with the register of deeds of the county where the pier
5or wharf is located. The register of deeds may charge the fee under s. 59.43 (2) (ag)
6for the recording of a pier or wharf registration under par. (b) 3. The department may
7not charge a fee for the registration of a pier or wharf under par. (b) 3.
AB850-SSA1,5,108 (cm) Except as provided in par. (d), the department may not take any
9enforcement action under this chapter against a riparian owner for any of the
10following:
AB850-SSA1,5,1211 1. A structure for which the department has issued a permit under this section
12on or before February 6, 2004, if the structure is in compliance with that permit.
AB850-SSA1,5,1513 2. A structure for which the department has issued a written authorization on
14or before February 6, 2004, if the structure is in compliance with that written
15authorization.
AB850-SSA1,5,1616 3. A structure that is exempt under par. (b).
AB850-SSA1,5,2017 (d) The prohibition on enforcement action under par. (cm) does not apply to
18enforcement action initiated by the department before February 6, 2004, if the
19enforcement action remains pending on the effective date of this paragraph ....
20[revisor inserts date].
AB850-SSA1,5,2321 (e) A riparian owner who is exempt under par. (b) from the permit requirements
22under this section or who is exempt under par. (cm) from enforcement action under
23this chapter may do all of the following:
AB850-SSA1,6,3
11. Repair, maintain, or replace the exempt structure without obtaining a
2permit from the department under this section unless the owner enlarges the
3structure.
AB850-SSA1,6,124 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or
5wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner
6registered the pier or wharf with the department under par. (b) 3. and, before
7relocating or reconfiguring the pier or wharf, the riparian owner registers the
8reconfigured or relocated pier or wharf with the department under this subdivision.
9The department may not object to a minor relocation or reconfiguration. If the
10department objects to the relocation or reconfiguration of the pier or wharf, and the
11riparian owner retains the pier or wharf in its original location and configuration,
12the pier or wharf continues to qualify for the exemptions under pars. (b) and (cm).
AB850-SSA1,6,1413 (f) A decision of the department against the owner of a structure for which an
14exemption is claimed under this subsection is subject to a trial de novo.
AB850-SSA1, s. 6 15Section 6. 30.12 (1p) (a) (intro.) of the statutes is amended to read:
AB850-SSA1,6,1816 30.12 (1p) (a) (intro.) The department may promulgate rules concerning the
17exempt activities under sub. (1g) and concerning piers and wharves under sub. (1j)
18that only do any of the following:
AB850-SSA1, s. 7 19Section 7. 30.12 (1p) (a) 2. of the statutes is amended to read:
AB850-SSA1,6,2220 30.12 (1p) (a) 2. Establish reasonable construction and design requirements
21for the placement of structures under sub. (1g) (c), (d), (f), (g), (h), and (km) that are
22consistent with the purpose of the activity and for piers and wharves under sub. (1j).
AB850-SSA1, s. 8 23Section 8. 30.12 (3m) (a) of the statutes is amended to read:
AB850-SSA1,7,424 30.12 (3m) (a) For a structure or deposit that is not exempt under sub. (1g) and
25that is not subject to a general permit under sub. (3), and for a structure or deposit

1for which the department requires an individual permit under sub. (2m) or s. 30.206
2(3r),
a riparian owner may apply to the department for the individual permit that is
3required under sub. (1) in order to place the structure for the owner's use or to deposit
4the material.
AB850-SSA1, s. 9 5Section 9. 30.12 (3m) (am) of the statutes is created to read:
AB850-SSA1,7,126 30.12 (3m) (am) 1. Except as provided under subd. 2., the department may not
7refuse to allow a riparian owner to apply for an individual permit for the placement
8of a pier or wharf, including a solid pier, that exceeds the number of boat slips
9authorized under sub. (1g) (f) or (1j). The department shall evaluate permit
10applications under this paragraph on an individual basis and shall grant such
11applications if the department finds that the pier or wharf meets the requirements
12under par. (c) 1. to 3.
AB850-SSA1,7,1713 2. The department may deny an individual permit to the riparian owner or
14owners of a property that is adjacent to a lake of 50 acres or more and on which there
15are 3 or more dwelling units if the riparian owner or owners apply for an individual
16permit for the placement of a pier or wharf with a number of boat slips that exceeds
17the number of boat slips specified in sub. (1j) (a) 2.
AB850-SSA1, s. 10 18Section 10. 30.12 (3m) (ar) of the statutes is created to read:
AB850-SSA1,7,2419 30.12 (3m) (ar) The department may not issue an individual permit under this
20subsection to a riparian owner for a pier or wharf that was placed on the bed of a
21navigable water on or before February 6, 2004, unless all of the conditions under s.
2230.13 (1) (a) to (e) are met. The department may not charge a riparian owner
23described under this paragraph a fee for an individual permit issued under this
24subsection.
AB850-SSA1, s. 11 25Section 11. 30.12 (3m) (cm) of the statutes is created to read:
AB850-SSA1,8,5
130.12 (3m) (cm) In determining whether to issue an individual permit to the
2owner of a proposed pier or wharf, the department may not deny the permit unless
3the department considers all reasonable alternatives offered by the department and
4the owner of the pier or wharf relating to the location, design, construction, and
5installation of the pier or wharf.
AB850-SSA1, s. 12 6Section 12. 30.12 (3m) (d) of the statutes is created to read:
AB850-SSA1,8,87 30.12 (3m) (d) 1. In this paragraph, "solid pier" means a pier that does not allow
8for the free flow of water beneath the pier.
AB850-SSA1,8,149 2. The department may promulgate rules that limit the issuance of individual
10permits for solid piers to outlying waters, harbors connected to outlying waters, the
11Fox River from the dam at De Pere to Lake Winnebago, Lake Winnebago, and the
12Mississippi River. The rules may establish reasonable conditions to implement the
13criteria under par. (c) 1. to 3. The rules may not prohibit the issuance of individual
14permits for solid piers used for private or commercial purposes.
AB850-SSA1, s. 13 15Section 13. 30.13 (1) (intro.) of the statutes is amended to read:
AB850-SSA1,8,2116 30.13 (1) Construction allowed without permit under certain
17circumstances.
(intro.) A riparian proprietor may construct a wharf or pier in a
18navigable waterway extending beyond the ordinary high-water mark or an
19established bulkhead line in aid of navigation without obtaining a permit under s.
2030.12 if the wharf or pier is exempt from obtaining a permit under s. 30.12 or if all
21of the following conditions are met:
AB850-SSA1, s. 14 22Section 14. 30.206 (1g) of the statutes is created to read:
AB850-SSA1,8,2523 30.206 (1g) General permit for certain piers and wharves. The department
24may issue a general permit under this section for the configuration of a pier or wharf
25under s. 30.12 (1j).
AB850-SSA1, s. 15
1Section 15. 30.285 (1) (a) of the statutes is amended to read:
AB850-SSA1,9,42 30.285 (1) (a) The number of exempted activities that are conducted under ss.
330.12 (1g) and (1k), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the department
4is aware.
AB850-SSA1, s. 16 5Section 16. 30.285 (1) (e) of the statutes is created to read:
AB850-SSA1,9,86 30.285 (1) (e) The number of piers and wharves for which the department
7issued a permit authorizing the configuration of the pier or wharf under s. 30.12 (1j)
8(c).
AB850-SSA1, s. 17 9Section 17. 30.285 (2) (intro.) of the statutes is amended to read:
AB850-SSA1,9,1110 30.285 (2) (intro.) For each record kept under sub. (1) (b) to (d) (e), the
11department shall include all of the following:
AB850-SSA1, s. 18 12Section 18. 30.291 (1) of the statutes is amended to read:
AB850-SSA1,9,1813 30.291 (1) For purposes of determining whether an exemption is appropriate
14under s. 30.12 (1k), (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether
15a general permit is appropriate under s. 30.206 (3), or whether authorization to
16proceed under a general permit is appropriate under s. 30.206 (3r), any employee or
17other representative of the department, upon presenting his or her credentials, may
18enter the site and inspect any property on the site.
AB850-SSA1, s. 19 19Section 19. Appropriation changes.
AB850-SSA1,9,2520 (1) Water resources management - lake, river, and invasive species
21management.
In the schedule under section 20.005 (3) of the statutes for the
22appropriation to the department of natural resources under section 20.370 (4) (aq)
23of the statutes, as affected by the acts of 2005, the dollar amount is increased by
24$130,000 for fiscal year 2006-07 to increase funding for administration of activities
25related to permitting and exemption determinations for piers, wharves, and related

1structures under sections 30.12 (1g), (1j), (1k), and (3m), 30.13, and 30.206 (1g) of the
2statutes, as affected by this act.
Loading...
Loading...