LRB-2982/2
RNK:ahe&jd
2015 - 2016 LEGISLATURE
October 19, 2015 - Introduced by Representatives Swearingen, Tauchen,
Thiesfeldt, E. Brooks, T. Larson, Kulp, Skowronski, Czaja, Tittl, A. Ott,
Knodl and Mursau, cosponsored by Senators Gudex and
Tiffany. Referred to
Committee on Natural Resources and Sporting Heritage.
AB421,1,3
1An Act to create 895.5265 of the statutes;
relating to: an exemption from civil
2liability related to the placement of certain structures in navigable waters and
3wetlands.
Analysis by the Legislative Reference Bureau
This bill provides certain persons with immunity from civil liability for damage
or injury caused by the placement of a structure in a navigable water or wetland.
Under the bill a person is immune from civil liability if the person is authorized, or
acts under the direction of a person who is authorized, to place the structure in the
navigable water or wetland in accordance with a permit or other approval issued by
the Department of Natural Resources (DNR). A person is also immune from civil
liability if DNR has determined that the person is exempt from the requirement to
obtain a permit or other approval from DNR to place the structure in the navigable
water or wetland or the person is acting under the direction of a person who has
received such an exemption. In order to be immune from civil liability, the person
must have placed the structure for the purpose of fish and wildlife habitat creation,
protection, or improvement or the structure must be a net pen that is used to hold
and rear fish and that meets certain other requirements.
The bill also provides that a person who places a structure in a navigable water
and who is entitled to immunity from civil liability as described above, does not owe
any other person a duty to inspect or maintain the structure, to give warning of the
existence of the structure, or to give warning of an unsafe condition caused by the
structure.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB421,1
1Section
1. 895.5265 of the statutes is created to read:
AB421,2,4
2895.5265 Civil liability exemption; placement of certain structures in
3waterways. (1) In this section, "department" means the department of natural
4resources.
AB421,2,10
5(2) A person is immune from civil liability for damage to personal property,
6injury to a person, or death caused by placing a structure on the bed of a navigable
7water or in a wetland if the structure is placed for the purpose of fish and wildlife
8habitat creation, protection, or improvement or if the structure is a net pen that
9meets the requirements under s. 30.12 (3) (b) 1. a., b., and c., and if any of the
10following applies:
AB421,2,1311
(a) The department authorized the person to place the structure under a permit
12or other approval issued under subch. II of ch. 30 or under s. 281.36 and the person
13placed the structure in accordance with the permit or other approval.
AB421,2,1714
(b) The department determined that the person is exempt from the
15requirement to obtain a permit or other approval under subch. II of ch. 30 or under
16s. 281.36 and the structure is placed in accordance with the department's exemption
17determination.
AB421,2,1918
(c) The person is acting under the direction of a person described under par. (a)
19or (b).
AB421,2,21
20(3) No person authorized under sub. (2) (a), (b), or (c) to place a structure in a
21navigable water or wetland owes to any person a duty to do any of the following:
AB421,3,1
1(a) Inspect or maintain the structure.
AB421,3,22
(b) Give warning of the existence of the structure.
AB421,3,33
(c) Give warning of an unsafe condition caused by the structure.
