LRB-1773/1
RNK:cjs:ph
2011 - 2012 LEGISLATURE
April 6, 2011 - Introduced by Representative Mursau, cosponsored by Senator
Kedzie. Referred to Committee on Natural Resources.
AB73,1,3
1An Act to amend 30.12 (1k) (b) 3. of the statutes;
relating to: the deadline for
2registering certain piers and wharves with the Department of Natural
3Resources.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no person may deposit any material
or place any structure upon the bed of any navigable water where no bulkhead line
has been established or, if a bulkhead line has been established, beyond that
established line unless the Department of Natural Resources (DNR) grants that
person a permit. A bulkhead line is a line established by a municipality in the public
interest that conforms as nearly as practicable to an existing shore.
Under current law, a riparian owner is exempt from obtaining a permit in order
to place a pier or wharf on the bed of a navigable water if the riparian owner meets
certain requirements. A pier or wharf qualifies for a permitting exemption if it is
placed in an area other than an area of special natural resource interest, if it does
not interfere with the rights of other riparian owners, if it meets certain size
requirements, and if it has fewer than a specified number of boat slips (general pier
exemption). The general pier exemption prohibits a pier or wharf from being more
than six feet wide but allows the pier or wharf to have an area as a loading platform
that is up to eight feet wide provided that the platform meets certain configuration
requirements.
In addition to the general pier exemption, current law exempts from the permit
requirement certain piers and wharves that were placed in the water on or before
February 6, 2004 (grandfathered piers). Under that exemption, a grandfathered pier
may be up to eight feet wide. A grandfathered pier may also have a loading platform
that meets certain other size and configuration requirements. Current law provides
that in order to obtain an exemption for a grandfathered pier, the riparian owner
must register the grandfathered pier with DNR no later than April 1, 2011. There
is no requirement in current law to register a pier that meets the requirements for
the general pier exemption.
This bill extends the deadline for the registration of grandfathered piers.
Under the bill, the deadline for registration of a grandfathered pier is April 1, 2012.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB73, s. 1
1Section
1. 30.12 (1k) (b) 3. of the statutes is amended to read:
AB73,2,42
30.12
(1k) (b) 3. The riparian owner registers the pier or wharf with the
3department, in the manner and form required by the department, no later than April
41,
2011 2012.
