30.19(5)
(5) Conditions of permit. The permit shall provide that all artificial waterways constructed under this section which are connected to navigable waterways shall be public waterways. The department may impose such further conditions in the permit as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.
30.19 Annotation
The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83,
234 Wis. 2d 335,
610 N.W.2d 129.
30.19 Annotation
The only specific exemption from the jurisdiction of the DNR regarding navigable waters is that of s. 30.19 (1) (d), 1985 stats. [now s. 30.19 (1m)], concerning the agricultural uses of land. The department determines dam regulations for dams on drainage ditches, regardless of the purpose of the dam. 63 Atty. Gen. 355.
30.19 Annotation
Where a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to s. 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.195
30.195
Changing of stream courses. 30.195(1)
(1)
Permit required. No person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.
30.195(2)
(2) Applications. Applications for permits required by this section shall be made to the department of natural resources upon forms prescribed by it. Applications shall contain such information as the department reasonably requires to enable it to act on the application.
30.195(3)
(3) Granting of permit. Upon application therefor, the department shall grant a permit to the owner of any land to change the course of or straighten a navigable stream on such land, if such change or straightening will improve the economic or aesthetic value of the owner's land and will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or to the rights of other riparians located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing.
30.195(4)
(4) Liability for negligence. No common law liability, and no statutory liability which may be provided elsewhere in these statutes, for damages resulting from the changing of the course of or from the straightening of a stream is in any manner affected by this section, nor does this section create any liability on the part of the state for any such damages, but a person who changes the course of a stream or straightens a stream in accordance with a permit granted pursuant to this section is presumed to have exercised due care in such changing or straightening.
30.195(7)
(7) Application of section. This section does not apply to municipal or county-owned lands in counties having a population of 750,000 or more.
30.195 History
History: 1987 a. 374.
30.195 Annotation
The elements of proof required for a conviction under sub. (1) are discussed. 67 Atty. Gen. 265.
30.196
30.196
Enclosure of navigable waters; issuance of permits to municipalities. A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a permit. The department may grant this permit to a municipality after following the notice and hearing requirements under
s. 30.02 (3) and
(4) if it finds that granting the permit:
30.196(2)
(2) Will not violate public rights; and
30.196(3)
(3) Will not endanger life, health or property.
30.196 History
History: 1981 c. 19;
1987 a. 374.
30.20
30.20
Removal of material from beds of navigable waters. 30.20(1)(a)(a) No person may remove any material from the bed of any navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in
sub. (2).
30.20(1)(b)
(b) Except as provided under
pars. (c) and
(d), no person may remove any material from the bed of any lake or stream not mentioned under
par. (a) without first obtaining a permit from the department under
sub. (2) (c).
30.20(1)(c)1.1. Except as provided under
subd. 2., a person may remove material from the bed of a farm drainage ditch which was not a navigable stream before ditching.
30.20(1)(c)2.
2. The department may require a permit under
sub. (2) (c) for a removal under
subd. 1. only if it finds the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.
30.20(1)(c)3.
3. A person who proposes a removal under
subd. 1. which may have an effect on cold-water fishery resources or may affect fish spawning beds or nursery areas shall notify the department at least 10 days prior to the removal.
30.20(1)(d)
(d) The drainage board for the Duck Creek Drainage District may, without a permit under
sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.
30.20(2)(a)(a) The department, whenever consistent with public rights, may enter into contracts on behalf of the state for the removal of any material from the bed of any navigable lake or any of the outlying waters, and for the lease or sale of the material. Every contract shall contain such conditions as may be necessary for the protection of the public interest and the interests of the state and shall fix the compensation to be paid to the state for material so removed, except that no compensation may be paid for the material if the contract is with a municipality as defined in
s. 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No contract entered into under this paragraph may run for a longer period than 5 years.
30.20(2)(b)
(b) The department, whenever consistent with public rights, may enter into contracts on behalf of the state for the removal of any mineral, ore and material from beneath the bed of navigable lakes and waters, where the waters would not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such contract shall contain such conditions as may be necessary for the protection of the public interest and the interests of the state, and shall fix the compensation to be paid to the state for the material, mineral and ore so removed. No contract entered into, pursuant to this paragraph, shall run for a longer period than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.
30.20(2)(c)
(c) A permit to remove material from the bed of any lake or stream not included in
sub. (1) (a) may be issued by the department if it finds that the issuance of such a permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material.
30.20 Annotation
Before proceeding to remove an obstruction under s. 88.90 (3), one must obtain a permit under s. 30.20. State v. Dwyer,
91 Wis. 2d 440,
283 N.W.2d 448 (Ct. App. 1979).
30.20 Annotation
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.202
30.202
Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers. 30.202(1)(1)
Memorandum of understanding. The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
30.202(2)
(2) Authorization for dredging and dredge spoil disposal. If the department enters into a memorandum of understanding with the U.S. corps of engineers under
sub. (1), the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under
sub. (4).
30.202(3)
(3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under
sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.601,
30.01 to
30.20,
30.21 to
30.99,
59.692 or
87.30 or
chs. 281 to
285 or
289 to
299, except
s. 281.48, or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
30.202(4)
(4) Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under
s. 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
30.203
30.203
Lake Winnebago comprehensive project. 30.203(1)(1)
Authorization. The department may implement a project to place structures or fill or both on the beds of lakes Winnebago, Butte des Morts, Winneconne and Poygan for any of the following purposes:
30.203(1)(a)
(a) To improve navigation or to provide navigation aids.
30.203(1)(b)
(b) To restore or protect wetland habitat or water quality.
30.203(1)(c)
(c) To create, restore or protect fish and wildlife habitat.
30.203(1)(d)
(d) To enhance the natural aesthetic value or improve the recreational use of these lakes.
30.203(2)
(2) Location of structures and fill. Any structure or fill placed as part of the project authorized under
sub. (1) shall be located in Winnebago County as follows:
30.203(2)(a)
(a) In Lake Winnebago within the area that consists of the S-1/2 of Sec. 14, T. 17 N., R. 17 E., and the N-1/2 of Sec. 23, T. 17 N., R. 17 E.
30.203(2)(b)
(b) In Lake Butte des Morts within an area that consists of the S-1/2 of Secs. 25, 26 and 27, T. 19 N., R. 15 E., the E-1/2 of Sec. 34, T. 19 N., R. 15 E., and the N-1/2 of Secs. 35 and 36, T. 19 N., R. 15 E.
30.203(2)(c)
(c) In Lake Winneconne and Lake Poygan within an area that consists of the W-1/2 of Secs. 6 and 7, T. 19 N., R. 15 E., and the E-1/2 of Secs. 1 and 12, T. 19 N., R. 14 E.
30.203(3)(a)(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under
sub. (1), the department shall do all of the following:
30.203(3)(a)2.
2. Prepare plans and gather any other information necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.203(3)(a)3.
3. Hold a public informational meeting to discuss the plans prepared under
subd. 2.
30.203(3)(a)4.
4. Approve the project if it finds that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under
sub. (4).
30.203(3)(b)
(b) The department shall determine the manner in which and to whom notice will be given of the public informational meeting held under
par. (a) 3.
30.203(4)
(4) Requirements for structures and fill. A structure or fill placed as part of the project authorized under
sub. (1) shall meet all of the following requirements:
30.203(4)(a)
(a) It may not reduce the effective flood flow capacity of the Wolf River or the Fox River above the point where the Fox River flows into Lake Butte des Morts.
30.203(4)(c)
(c) It may not cause material injury to the rights of a riparian owner who owns land that abuts a navigable waterway that is affected by the project.
30.203(4)(e)
(e) It may not be detrimental to the public interest.
30.203(5)
(5) Oversight and maintenance by the department. 30.203(5)(a)(a) The department shall monitor the project authorized under
sub. (1) to assure that the project is furthering a purpose specified in
sub. (1).
30.203(5)(b)
(b) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) to assure that the structures and fill do not impair the safety of the public.
30.203(5)(c)
(c) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) in a manner that does not impair the natural aesthetic value of the area, to the extent practicable.
30.203(5)(d)
(d) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) so that they remain in compliance with the requirements listed under
sub. (4).
30.203(5)(e)
(e) If the department determines that any structure or any fill that is part of the project authorized under
sub. (1) does not comply with the requirements under
sub. (4), the department shall modify the structure or fill to bring it into compliance. If the department cannot modify the structure or fill to bring it into compliance, the department shall remove the structure or fill.
30.203(6)(a)(a) Any structure or fill placed as part of the project authorized under
sub. (1) may be used only for any of the following:
30.203(6)(a)1.
1. As a site for the placement of navigation aids approved by the department.
30.203(6)(a)2.
2. Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.203(6)(b)
(b) The department may promulgate rules to reasonably limit use by the public under
par. (a) 3.
30.203(7)
(7) Ownership; jurisdiction. The structures or fill that are part of the project authorized under
sub. (1) are owned by the state and are under the jurisdiction of the department. The state may not transfer ownership of a structure or any fill that is part of the project authorized under
sub. (1).
30.203(8)
(8) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under
sub. (1).
30.203 History
History: 1991 a. 39;
1995 a. 27,
227.
30.2035
30.2035
Shoreline protection study. The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department's findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under
s. 227.15 (1) no later than 7 months after the study is completed.
30.2035 History
History: 1993 a. 421.
30.2037
30.2037
Big Silver Lake high-water mark. The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards.
30.2037 History
History: 1997 a. 27.
30.204
30.204
Lake acidification experiment. 30.204(1)
(1)
Authorization. Between May 15, 1984 and January 1, 2002, the department is authorized to conduct a lake acidification experiment on the lake specified under
sub. (2).
30.204(2)
(2) Lake selection. The department shall select Little Rock Lake in the town of Arbor Vitae, Vilas County, township 41 north, range 6 east, for the lake acidification experiment.
30.204(3)
(3) Experiment. In conducting the lake acidification experiment, the department shall deny access to and prohibit navigation on the lake by posted notice, may place a barrier or dyke across the lake, may place chemicals or other substances in the lake and may take other actions necessary for the experiment.
