AB823: Bill Text

LRB-3704/1

RNK:klm

2015 - 2016 LEGISLATURE

2015 Assembly BILL 823

January 29, 2016 - Introduced by Representatives Craig and Horlacher, cosponsored by Senator Lazich. Referred to Committee on Environment and Forestry.

AB823,1,3 An Act to create 30.2005 of the statutes; relating to: an exemption from permit requirements for certain riparian owners who remove material from the bed of a navigable water.

Analysis by the Legislative Reference Bureau

This bill allows a person who owns waterfront property (riparian owner) to remove certain material from the bed of an inland navigable water without obtaining a permit from the Department of Natural Resources. No permit is required if the removal meets certain requirements, including that the removal occurs within the riparian owner's riparian zone, which is a specified area extending waterward of the shoreline; the removal is limited to a specified amount of material; the removal occurs in a navigable water that is affected by a man-made impoundment; the material removed is unconsolidated sediment that was deposited after the navigable water was affected by the impoundment; and the removal is undertaken in order to navigate from the shoreline of the riparian property to a specified water depth.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB823,1 Section 1. 30.2005 of the statutes is created to read:

AB823,1,6 30.2005 Permit exemption; removal of material from beds of navigable waters; riparian owners. (1) In this section:

AB823,2,1 (a) "Inland waters" has the meaning given in s. 29.001 (45).

AB823,2,3 (b) "Line of navigation" means the depth of a navigable water required to operate a boat on the navigable water.

AB823,2,7 (c) "Riparian zone" means the area that extends from riparian land waterward to the line of navigation as determined by a method that establishes riparian zone lines between adjacent riparian owners in a manner that equitably apportions access to the line of navigation.

AB823,2,10 (2) A riparian owner may remove material from the bed of a navigable water that is an inland water without obtaining a permit under s. 23.24 (3) or under s. 30.20 if all of the following apply:

AB823,2,11 (a) The removal occurs within the riparian owner's riparian zone.

AB823,2,15 (b) The riparian owner's riparian zone abuts a navigable water that is affected by a man-made impoundment, and the material removed is unconsolidated sediment that was deposited after the navigable water was affected by the impoundment.

AB823,2,17 (c) The removal does not occur in a navigable water that is identified as an outstanding or exceptional resource water under s. 281.15.

AB823,2,19 (d) The total amount of material removed does not exceed 50 cubic yards per year.

AB823,2,21 (e) The material is removed to allow the riparian owner to navigate from the shoreline of his or her riparian property to the line of navigation.

AB823,2,24 (f) The riparian owner uses best management practices, established by the department and published on its Internet site, for the removal and disposal of the material.

AB823,2,25 (End)