1999 - 2000 LEGISLATURE
March 1, 2000 - Introduced by Senators Rude and Huelsman, cosponsored by
Representatives F. Lasee, Pettis, Albers, Owens, Brandemuehl and
Gronemus. Referred to Agriculture, Environmental Resources and Campaign
Finance Reform.
SB430,1,4 1An Act to amend 30.01 (1p), 30.01 (1r), 30.121 (title), (2) and (3), 30.121 (3m)
2(intro.), (a) and (b) and 30.121 (4) to (7); and to create 30.1215 of the statutes;
3relating to: fixed houseboats on navigable waterways, granting rule-making
4authority and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law regulates the repair, maintenance and reconstruction of
boathouses and fixed houseboats. No person may construct or place a boathouse or
fixed houseboat beyond the ordinary high-water mark of a navigable waterway
unless the boathouse or fixed houseboat was constructed or placed on the waterway
before December 17, 1979. Such boathouses and fixed houseboats may be repaired
and maintained if the cost of repair or maintenance does not exceed 50% of the
equalized assessed value or, if not subject to assessment, the current fair market
value of the applicable boathouse or fixed houseboat.
This bill makes several changes in the laws relating to fixed houseboats. These
changes include:
1. Eliminating the 50% cap on the cost of repair or maintenance of a fixed
houseboat. The bill permits an owner of a fixed houseboat extending below the
ordinary high-water mark of a navigable waterway to repair, maintain or
reconstruct the houseboat.
2. Restricting reconstruction of a fixed houseboat to within the dimensions of
the houseboat existing on the effective date of the bill.

3. Prohibiting any convictions or findings of public nuisance with respect to the
laws relating to fixed houseboats in effect before the effective date of this bill.
4. Changing certain terminology.
The bill also changes certain terminology in the laws relating to boathouses.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB430, s. 1 1Section 1. 30.01 (1p) of the statutes is amended to read:
SB430,2,92 30.01 (1p) "Fishing raft" means any raft, float or structure, including a raft or
3float with a superstructure and including a structure located or extending below or
4beyond the ordinary high-water mark of a water, which is designed to be used or is
5normally used for fishing, which is not normally used as a means of transportation
6on water and which is normally retained in place by means of a permanent or
7semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft"
8does not include a boathouse or fixed houseboat regulated under s. 30.121 nor, a fixed
9houseboat regulated under s. 30.1215, or
a wharf or pier regulated under s. 30.13.
SB430, s. 2 10Section 2. 30.01 (1r) of the statutes is amended to read:
SB430,2,1511 30.01 (1r) "Fixed houseboat" means a structure not actually used for
12navigation which extends beyond the ordinary high-water mark of that is
13constructed or placed on
a navigable waterway and is retained in place either by
14cables to the shoreline shore or by anchors or spudpoles attached to the bed of the
15waterway.
SB430, s. 3 16Section 3. 30.121 (title), (2) and (3) of the statutes are amended to read:
SB430,2,17 1730.121 (title) Regulation of boathouses and houseboats.
SB430,3,3
1(2) Prohibitions Prohibition. After December 16, 1979, no boathouse or fixed
2houseboat
may be constructed or placed beyond below the ordinary high-water mark
3of any navigable waterway.
SB430,3,10 4(3) Maintenance. The riparian owner of any boathouse or fixed houseboat
5extending beyond below the ordinary high-water mark of any navigable waterway
6may repair and maintain the boathouse or fixed houseboat if the cost of the repair
7or maintenance does not exceed 50% of the equalized assessed value of the boathouse
8or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment,
9the owner may make repairs if the cost of the repair or maintenance does not exceed
1050% of the current fair market value of the boathouse or fixed houseboat.
SB430, s. 4 11Section 4. 30.121 (3m) (intro.), (a) and (b) of the statutes are amended to read:
SB430,3,1512 30.121 (3m) Exception; certain single-story boathouses. (intro.)
13Notwithstanding subs. (2) and (3), a person may construct, repair or maintain a
14single-story boathouse over an authorized waterway enlargement if all of the
15following apply
:
SB430,3,1716 (a) The boathouse does not extend beyond below the ordinary high-water mark
17as it existed prior to the creation of the enlargement; .
SB430,3,1818 (b) The boathouse covers the entire enlargement; and .
SB430, s. 5 19Section 5. 30.121 (4) to (7) of the statutes are amended to read:
SB430,4,420 30.121 (4) Major repair, abandoned structures boathouses and obstructions
21to navigation.
The owner of a boathouse or a fixed houseboat which extends beyond
22below the ordinary high-water mark of any navigable waterway and which is in a
23major state of disrepair or is a material obstruction to navigation may be ordered by
24the department to remove the structure boathouse from the waterway. The
25department shall follow the procedures set forth in s. 30.03 (4) (a) for ordering

1removal of a structure boathouse. If such a structure boathouse is abandoned and
2the department, after due diligence, cannot locate the owner, the department shall
3utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure
4boathouse.
SB430,4,11 5(5) Applicability. Boathouses or fixed houseboats owned by the state or by local
6units of government shall comply with this section. This section does not apply to
7any structure boathouse listed on the national register of historic places in Wisconsin
8or the state register of historic places. No person may be convicted of a violation of
9s. 30.121, 1997 stats., or otherwise subject to s. 30.294 after the effective date of this
10subsection .... [revisor inserts date], with respect to the repair, maintenance or
11reconstruction of a fixed houseboat.
SB430,4,14 12(6) Rules. The Rules promulgated by the department may promulgate rules
13deemed necessary to carry out the purposes of
under this section. The rules may not
14govern the aesthetic features or color of boathouses.
SB430,4,19 15(7) Penalties. Any person who constructs, owns or maintains a boathouse or
16fixed houseboat
in violation of this section or in violation of any order issued under
17this section shall forfeit not less than $10 nor more than $50 for each offense. Each
18day a structure boathouse exists in violation of this section constitutes a separate
19offense.
SB430, s. 6 20Section 6. 30.1215 of the statutes is created to read:
SB430,4,24 2130.1215 Regulation of fixed houseboats. (1) Prohibition. No fixed
22houseboat may be constructed or placed below the ordinary high-water mark of any
23navigable waterway unless the fixed houseboat was so constructed or placed before
24December 17, 1979.
SB430,5,3
1(2) Maintenance. (a) The owner of a fixed houseboat extending below the
2ordinary high-water mark of any navigable waterway may repair, maintain or
3reconstruct the fixed houseboat.
SB430,5,64 (b) The owner of a fixed houseboat may only reconstruct the fixed houseboat
5within the dimensions of the structure that existed on the effective date of this
6paragraph .... [revisor inserts date].
SB430,5,15 7(3) Major repair, abandoned fixed houseboats and obstructions to
8navigation.
The owner of a fixed houseboat which extends below the ordinary
9high-water mark of any navigable waterway and which is in a major state of
10disrepair or is a material obstruction to navigation may be ordered by the
11department to remove the fixed houseboat from the waterway. The department shall
12follow the procedures set forth in s. 30.03 (4) (a) for ordering removal of a fixed
13houseboat. If such a fixed houseboat is abandoned and the department, after due
14diligence, cannot locate the owner, the department shall utilize the procedures set
15forth in s. 31.187 (1) for removing the abandoned fixed houseboat.
SB430,5,17 16(4) Applicability. Fixed houseboats owned by the state or by local units of
17government shall comply with this section.
SB430,5,21 18(5) Penalties. Any person who constructs, owns or maintains a fixed houseboat
19in violation of this section or in violation of any order issued under this section shall
20forfeit not less than $10 nor more than $50 for each offense. Each day a fixed
21houseboat exists in violation of this section constitutes a separate offense.
SB430,5,2222 (End)
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