AB500: Bill Text

AB500, s. 32 Section 32. 30.06 of the statutes is renumbered 30.331 and amended to read:

AB500,17,8 30.331 Waiver of certain provisions of Federal concurrent jurisdiction; waivers under this chapter subchapter. The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter subchapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promulgate such the rule only after it the department has entered into an agreement, with the appropriate federal agency wherein it is agreed, an agreement that requires that the comparable federal law will be enforced on the waters in question in lieu of the state law which that is being waived. The objective of such the agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. federal government have concurrent jurisdiction, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective.

AB500, s. 33 Section 33. 30.10 (title) of the statutes is renumbered 30.035 (title) and amended to read:

AB500,17,11 30.035 (title) Declarations and determinations of navigability.

AB500, s. 34 Section 34. 30.10 (1) (title) of the statutes is renumbered 30.035 (1) (title) and amended to read:

AB500,17,14 30.035 (1) (title) Lakes and streams.

AB500, s. 35 Section 35. 30.10 (1) of the statutes is renumbered 30.035 (1) (a) and amended to read:

AB500,17,20 30.035 (1) (a) All lakes wholly or partly within this state which Lakes and streams that are navigable in fact for any purpose whatsoever are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.

AB500, s. 36 Section 36. 30.10 (2) of the statutes is repealed.

AB500, s. 37 Section 37. 30.10 (3) of the statutes is renumbered 30.035 (2) and amended to read:

AB500,18,5 30.035 (2) Enlargements or improvements in navigable waters. All enlargements in navigable waters, including inner and outer harbors, turning basins, waterways, slips, and canals created by any municipality to be used by the public for purposes of navigation, and all outer harbors connecting interior navigation with lake navigation, are declared to be navigable waters and are subject to the same control and regulation that navigable streams are subjected to as regards improvement, use and bridging.

AB500, s. 38 Section 38. 30.10 (4) (title) of the statutes is repealed.

AB500, s. 39 Section 39. 30.10 (4) (a) of the statutes is renumbered 30.213 (2) and amended to read:

AB500,18,11 30.213 (2) This section Section 30.035 does not impair the powers granted by law under s. 30.1235 sub. (1) or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB500, s. 40 Section 40. 30.10 (4) (b) of the statutes is renumbered 30.09 and amended to read:

AB500,18,24 30.09 Boundaries of lands adjoining waters. The boundaries of lands adjoining waters and the rights of the state and of individuals with respect to all such those lands and waters shall be determined in conformity to the common law so far as applicable, but in the case of a lake or stream erroneously meandered in the original U.S. government survey, the owner of title to lands adjoining the meandered lake or stream, as shown on such the original survey, is conclusively presumed to own to the actual shorelines unless it is first established in a suit in equity, brought by the U.S. federal government for that purpose, that the government was in fact defrauded by such survey. If the proper claims of adjacent owners of riparian lots of lands between meander and actual shorelines conflict, each shall have his or her proportion of such those shorelands.

AB500, s. 41 Section 41. 30.10 (4) (c) of the statutes is repealed.

Note: The provision regarding farm drainage ditches is relocated to new s. 30.215.

AB500, s. 42 Section 42. 30.10 (4) (d) of the statutes is renumbered 30.263 (1).

AB500, s. 43 Section 43. 30.103 of the statutes is renumbered 30.325.

AB500, s. 44 Section 44. 30.105 of the statutes is repealed.

Note: This provision relates to the method for determining the footage of shoreline for certain specific purposes under ch. 30. The substance of this provision is recreated at several places in this bill where the determination of shoreline footage is part of the statutory procedure.

AB500, s. 45 Section 45. 30.11 (title) of the statutes is renumbered 30.321 (title).

AB500, s. 46 Section 46. 30.11 (1) to (4) of the statutes are renumbered 30.321 (1) to (4) and amended to read:

AB500,19,10 30.321 (1) Who Municipality may establish. Any municipality may, subject to the approval of the department, by ordinance establish or reestablish a bulkhead line and from time to time reestablish the same along any section of the shore of any navigable waters within its boundaries.

AB500,19,17 (2) Standards for establishing. Bulkhead lines shall be established A municipality shall establish a bulkhead line in the public interest and shall conform the bulkhead line as nearly as practicable to the existing shores, except that in the case of leases under sub. (5) and s. 24.39 (4) or 30.343 the municipality may allow the bulkhead lines may be approved line to be located farther from beyond the existing shoreline if they are the line is consistent with and is a part of any lease executed by the board of commissioners of public lands.

AB500,20,8 (3) How established Establishment of lines. Whenever any If a municipality proposes to establish or reestablish a bulkhead line or to reestablish an existing bulkhead line, the municipality shall indicate both the existing shore and the proposed bulkhead line upon a map and shall file with the department for its approval 6 copies of the map and 6 copies of the ordinance establishing the bulkhead line. The map shall use a scale of not less than 100 feet to an inch or any other scale required by the department. The map and a metes and bounds description of the bulkhead line shall be prepared by a land surveyor registered in this state. The department may require the installation of permanent reference markers to for the bulkhead line. Upon approval by the department, the municipality shall deliver the map, description, and ordinance to the office of the register of deeds of the county in which the bulkhead line lies, to be recorded by the. The register of deeds shall record the map, description, and ordinance.

AB500,20,11 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian owners. Riparian owners may place solid structures or fill up to such the bulkhead line.

AB500, s. 47 Section 47. 30.11 (5) (title) of the statutes is repealed.

AB500, s. 48 Section 48. 30.11 (5) (a) of the statutes is renumbered 30.343 (1).

AB500, s. 49 Section 49. 30.11 (5) (b) and (c) of the statutes are renumbered 30.343 (2) and (3).

AB500, s. 50 Section 50. 30.11 (6) of the statutes is renumbered 30.321 (5).

AB500, s. 51 Section 51. 30.12 (title) of the statutes is amended to read:

AB500,20,19 30.12 (title) Structures Regulation of structures and deposits in navigable waters.

AB500, s. 52 Section 52. 30.12 (1m) of the statutes is renumbered 30.263 (2), and 30.263 (2) (intro.), as renumbered, is amended to read:

AB500,21,2 30.263 (2) Duck Creek Drainage District structures and deposits. (intro.) A structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District is exempt from the permit requirements under this section s. 30.12 if either of the following applies:

AB500, s. 53 Section 53. 30.12 (2m) (b) of the statutes is amended to read:

AB500,21,4 30.12 (2m) (b) Environmental pollution, as defined in s. 299.01 (4).

AB500, s. 54 Section 54. 30.12 (2r) (b) 1. of the statutes is amended to read:

AB500,21,8 30.12 (2r) (b) 1. Enter and inspect the site on which the activity is located, subject to s. 30.291 30.239, if the department determines such an inspection is necessary.

AB500, s. 55 Section 55. 30.12 (3) (a) (intro.) of the statutes is amended to read:

AB500,21,11 30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 30.221 that authorize riparian owners to do all of the following:

AB500, s. 56 Section 56. 30.12 (3m) (b) of the statutes is amended to read:

AB500,21,14 30.12 (3m) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) shall apply to an application under par. (a).

AB500, s. 57 Section 57. 30.12 (5) of the statutes is repealed.

AB500, s. 58 Section 58. 30.121 (title) and (2) to (3w) of the statutes are renumbered 30.281 (title) and (2) to (3w).

AB500, s. 59 Section 59. 30.121 (4) of the statutes is renumbered 30.281 (4) and amended to read:

AB500,22,3 30.281 (4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in s. 30.03 (4) (a) 30.96 (1) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure.

AB500, s. 60 Section 60. 30.121 (5) and (6) of the statutes are renumbered 30.281 (5) and (6).

AB500, s. 61 Section 61. 30.121 (7) of the statutes is renumbered 30.381 (2) and amended to read:

AB500,22,13 30.381 (2) Penalties Boathouses and houseboats. Any person who constructs, owns, or maintains a boathouse or fixed houseboat in violation of this section s. 30.281 or in violation of any order issued under this section s. 30.281 shall forfeit not less than $10 nor more than $50 for each offense. Each day during which a structure boathouse or a fixed houseboat exists in violation of this section constitutes s. 30.281 is a separate offense.

AB500, s. 62 Section 62. 30.122 of the statutes is renumbered 30.217 and amended to read:

AB500,22,21 30.217 Unauthorized structures. All permanent alterations, deposits, or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.

Note: The time period for filing a written complaint has long since expired, and has no bearing on current structures.

AB500, s. 63 Section 63. 30.123 (title) of the statutes is amended to read:

AB500,22,23 30.123 (title) Bridges Regulation of bridges and culverts.

AB500, s. 64 Section 64. 30.123 (5) of the statutes is repealed.

Note: This repeals a requirement that bridges constructed over navigable streams be maintained in a safe condition, as determined by the DNR. The DNR does not have the expertise to review bridge safety and maintenance.

AB500, s. 65 Section 65. 30.123 (6) (a) of the statutes is amended to read:

AB500,23,4 30.123 (6) (a) The construction and maintenance of highway bridges to which s. 30.1235 30.213 applies.

AB500, s. 66 Section 66. 30.123 (6) (b) of the statutes is amended to read:

AB500,23,7 30.123 (6) (b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022 30.341.

AB500, s. 67 Section 67. 30.123 (6m) (b) of the statutes is amended to read:

AB500,23,9 30.123 (6m) (b) Environmental pollution, as defined in s. 299.01 (4).

AB500, s. 68 Section 68. 30.123 (6r) (b) 1. of the statutes is amended to read:

AB500,23,13 30.123 (6r) (b) 1. Enter and inspect the site on which the activity is located, subject to s. 30.291 30.239, if the department determines such an inspection is necessary.

AB500, s. 69 Section 69. 30.123 (7) (a) (intro.) of the statutes is amended to read:

AB500,23,16 30.123 (7) (a) (intro.) The department shall issue statewide general permits under s. 30.206 30.221 that authorize any person to do all of the following:

AB500, s. 70 Section 70. 30.123 (8) (b) of the statutes is amended to read:

AB500,23,19 30.123 (8) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) shall apply to an application under par. (a).

AB500, s. 71 Section 71. 30.1235 (title) of the statutes is renumbered 30.213 (title).

AB500, s. 72 Section 72. 30.1235 of the statutes is renumbered 30.213 (1).

AB500, s. 73 Section 73. 30.124 of the statutes is renumbered 30.351, and 30.351 (1) (intro.), as renumbered, is amended to read:

AB500,24,5 30.351 (1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect the public interest or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

AB500, s. 74 Section 74. 30.1255 of the statutes is renumbered 30.352.

AB500, s. 75 Section 75. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266 (title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read:

AB500,24,17 30.266 (5) (g) May not have improper flotation devices. No person may construct, place, or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft, and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment, and maintenance of flotation devices used on fishing rafts. This paragraph applies to any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.

AB500, s. 76 Section 76. 30.126 (10) (title) and (a) (title) of the statutes are repealed.

AB500, s. 77 Section 77. 30.126 (10) (a) of the statutes is renumbered 30.381 (3) (a) and amended to read:

AB500,24,25 30.381 (3) (a) A person who violates this section, any rule promulgated under this section s. 30.266 or any order issued by the department under this section s. 30.266 shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes during which a fishing raft exists in violation of s. 30.266 is a separate offense.

AB500, s. 78 Section 78. 30.126 (10) (b) (title) of the statutes is repealed.

AB500, s. 79 Section 79. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and amended to read:

AB500,25,7 30.381 (3) (b) A person who violates any ordinance adopted or order issued by the municipality under this section s. 30.266 is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par. (a).

AB500, s. 80 Section 80. 30.13 (title), (1) (intro.), (b) and (c) of the statutes are amended to read:

AB500,25,15 30.13 (title) Regulation of wharves, piers , and swimming rafts; establishment of pierhead lines. (1) Construction allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB500,25,17 (b) The wharf or pier does not interfere with rights of other riparian proprietors owners.

AB500,25,19 (c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3) s. 30.323.

AB500, s. 81 Section 81. 30.13 (3) (title) of the statutes is repealed.

AB500, s. 82 Section 82. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1) (a), as renumbered, is amended to read: