30.12(2)
(2) Permits to place structures or deposits in navigable waters; generally. The department, upon application and after proceeding in accordance with
s. 30.02 (3) and
(4), may grant to any riparian owner a permit to build or maintain for the owner's use a structure otherwise prohibited under
sub. (1), if the structure does not materially obstruct navigation or reduce the effective flood flow capacity of a stream and is not detrimental to the public interest. The procedures in this subsection do not apply to permits issued under
sub. (3).
30.12(3)
(3) Permits to place certain structures or deposits in navigable waters. 30.12(3)(a)(a) The department, upon application, may grant to a riparian owner a permit to:
30.12(3)(a)1.
1. Place a layer of sand or similar material on the bed of a lake adjacent to the owner's property for the purpose of improving recreational use.
30.12(3)(a)2.
2. Place a fish crib, spawning reef, wing deflector or similar device on the bed of navigable waters for the purpose of improving fish habitat.
30.12(3)(a)2m.
2m. Place a bird nesting platform, a wood duck house or similar structure on the bed of a navigable water for the purpose of improving wildlife habitat.
30.12(3)(a)3.
3. Place riprap or similar material on the bed and bank of navigable waters adjacent to an owner's property for the purpose of protecting the bank and adjacent land from erosion.
30.12(3)(a)4.
4. Place crushed rock or gravel, reinforced concrete planks, adequately secured treated timbers, cast in place concrete or similar material on the bed of a navigable stream for the purpose of developing a ford if an equal amount of material is removed from the stream bed.
30.12(3)(a)5.
5. Place crushed rock or gravel, reinforced concrete planks, cast in place concrete or similar material on the bed of navigable waters adjacent to the owner's property for the purpose of building a boat landing.
30.12(3)(a)6.
6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no permit may be granted for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of if there is a boathouse over navigable waters adjacent to the owner's property.
30.12(3)(a)7.
7. Place an intake structure and pipe on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.
30.12(3)(a)8.
8. Drive a piling into the bed of a navigable water adjacent to the owner's property for the purpose of deflecting ice, protecting an existing or proposed structure, or providing a pivot point for turning watercraft.
30.12(3)(b)
(b) A person who seeks to place structures or deposits under
par. (a) shall apply to the department for a permit. The department may disapprove the application if it finds that the proposed structure or deposit will materially impair navigation or be detrimental to the public interest. The department shall issue the permit or notify the applicant in writing of the disposition of the application.
30.12(3)(bn)
(bn) A riparian owner is exempt from the permit requirements under
sub. (2) and this subsection for a structure specified under
par. (a) 2m. if the riparian owner places the structure in conformance with the standards established under
par. (d) and if the riparian owner notifies the department in writing of the location of the structure at least 10 working days before it is placed.
30.12(3)(bt)
(bt) A riparian owner is exempt from the permit requirements under
sub. (2) and this subsection for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in
s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:
30.12(3)(bt)1.
1. The structure is a vertical wall designed to prevent land from eroding into a navigable water.
30.12(3)(bt)2.
2. The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water.
30.12(3)(bt)3.
3. If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.
30.12(3)(bt)4.
4. The structure incorporates adequate bracing and anchors to ensure structural stability.
30.12(3)(bt)5.
5. A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.
30.12(3)(bt)6.
6. The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent the structure from failing.
30.12(3)(bt)7.
7. The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.
30.12(3)(bt)8.
8. The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft.
30.12(3)(bt)9.
9. The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:
30.12(3)(bt)9.b.
b. A point that is 4 feet above the ordinary high-water mark of the navigable water.
30.12(3)(bt)9.c.
c. The minimum height required to prevent overtopping by wave action.
30.12(3)(c)
(c) The department may promulgate rules deemed necessary to carry out the purposes of
par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural soundness and durability of a boat shelter. A municipality may enact ordinances not inconsistent with this section or with rules promulgated under this section regulating the architectural features of boat shelters.
30.12(3)(d)
(d) For purposes of
par. (bn), the department shall promulgate rules to establish standards governing the placement of structures specified in
par. (a) 2m.
30.12(4)
(4) Department of transportation activities; exemption; interdepartmental coordination of environmental protection measures. 30.12(4)(a)(a) Activities affecting waters of the state as defined in
s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or
s. 29.601,
30.11,
30.123,
30.19,
30.195,
30.20,
59.692,
61.351,
62.231 or
87.30 or
chs. 281 to
285 or
289 to
299, except
s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.
30.12(4)(b)
(b) The exemption under
par. (a) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.
30.12(4)(c)
(c) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection, may proceed with enforcement actions as the secretary deems appropriate.
30.12(4)(d)
(d) The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of such activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the state.
30.12(4)(e)
(e) Except as may be required otherwise under
s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this subsection.
30.12(4)(f)
(f) This subsection does not apply to activities in the Lower Wisconsin State Riverway, as defined in
s. 30.40 (15).
30.12(4m)
(4m) Duck Creek Drainage District structures and deposits. Subsection (1) does not apply to 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 if either of the following applies:
30.12(4m)(a)
(a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.
30.12(4m)(b)
(b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.
30.12(5)
(5) Penalty. Any person violating this section or any term or condition of a permit issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 6 months or both.
30.12 Cross-reference
Cross Reference: See also chs.
NR 305,
320,
322,
323,
326, and
328, Wis. adm. code.
30.12 Annotation
In a state proceeding to enforce a DNR order requiring an owner of land abutting a navigable lake to remove a quantity of fill, the burden of proof is on the state to establish the nonexistence of a bulkhead line. State v. McFarren,
62 Wis. 2d 492,
215 N.W.2d 459 (1974).
30.12 Annotation
Sub. (1) (a) does not apply to conduct that only indirectly and unintentionally results in deposits on lake beds. State v. Deetz,
66 Wis. 2d 1,
224 N.W.2d 407 (1974).
30.12 Annotation
When a DNR decision prohibited a structure under this section and the riparian owner did not seek review under s. 227.20 [now 227.57], the trial court had no jurisdiction to hear an action by the owner seeking a declaration that the structure was a "pier" permitted under s. 30.13. Kosmatka v. DNR,
77 Wis. 2d 558,
253 N.W.2d 887 (1977).
30.12 Annotation
"Navigable waters" under this section are waters that are navigable in fact. A ski jump was a "structure" under this section. The public trust doctrine is discussed. State v. Bleck,
114 Wis. 2d 454,
338 N.W.2d 492 (1983).
30.12 Annotation
Section 66.24 (5) (c) does not exempt sewerage districts from the requirements of s. 30.12. Cassidy v. DNR,
132 Wis. 2d 153,
390 N.W.2d 81 (Ct. App. 1986).
30.12 Annotation
An area need not be navigable to be a lakebed. The ordinary high water mark is determinative. State v. Trudeau,
139 Wis. 2d 91,
408 N.W.2d 337 (1987).
30.12 Annotation
The holder of an easement does not qualify as a riparian owner. De Nava v. DNR,
140 Wis. 2d 213,
409 N.W.2d 151 (Ct. App. 1987).
30.12 Annotation
In considering whether a proposed structure is detrimental to the public interest, the DNR is authorized to weigh relevant policy factors including the preservation of the natural beauty of the state's waters, the public's fullest use of the waters, and the convenience of riparian owners. Sterlingworth Condominium Association v. DNR,
205 Wis. 2d 710,
556 N.W.2d 702 (Ct. App. 1996).
30.12 Annotation
The DNR may include consideration of local zoning ordinances in establishing the public interests at stake under sub. (2). Sea View Estates Beach Club, Inc. v. DNR,
223 Wis. 2d 138,
558 N.W.2d 667 (Ct. App. 1998).
30.12 Annotation
Review of local ordinances may be made in making a determination under sub. (2), but is not required. Issuance of a permit conditioned on compliance with a local ordinance was reasonable. Borsellino v. DNR, 2000 WI App 27,
232 Wis. 2d 430,
606 N.W.2d 255.
30.12 Annotation
Although in granting pier permits under s. 30.12 the DNR acts in furtherance of the public trust, a cause of action cannot be based only on a general allegation of a violation of the public trust doctrine. Borsellino v. DNR, 2000 WI App 27,
232 Wis. 2d 430,
606 N.W.2d 255.
30.12 Annotation
Sub. (3) (c) implicitly authorizes the promulgation of a rule restricting the construction of permanent boat shelters on undeveloped shorelines. Grafft v. DNR, 2000 WI App 187,
238 Wis. 2d 750,
618 N.W.2d 897.
30.121
30.121
Regulation of boathouses and houseboats. 30.121(2)(2)
Prohibitions. After December 16, 1979 no boathouse or fixed houseboat may be constructed or placed beyond the ordinary high-water mark of any navigable waterway.
30.121(3)
(3) Maintenance. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and maintain the boathouse or fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.
30.121(3g)
(3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under
s. 44.03.
30.121(3m)
(3m) Exception; certain single-story boathouses. Notwithstanding
subs. (2) and
(3), a person may construct, repair or maintain a single-story boathouse over an authorized waterway enlargement if:
30.121(3m)(a)
(a) The boathouse does not extend beyond the ordinary high-water mark as it existed prior to the creation of the enlargement;
30.121(3m)(b)
(b) The boathouse covers the entire enlargement; and
30.121(3m)(c)
(c) Living quarters or plumbing fixtures are not constructed in the boathouse.
30.121(3r)
(3r) Exception; damages after January 1, 1984. Subsections (2) and
(3) do not apply to the repair or reconstruction of a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
30.121(4)
(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) 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.
30.121(5)
(5) Applicability. Boathouses or fixed houseboats owned by the state or by local units of government shall comply with this section. This section does not apply to any structure listed on the national register of historic places in Wisconsin or the state register of historic places.
30.121(6)
(6) Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the aesthetic features or color of boathouses.
30.121(7)
(7) Penalties. Any person who constructs, owns or maintains a boathouse or fixed houseboat in violation of this section or in violation of any order issued under this section shall forfeit not less than $10 nor more than $50 for each offense. Each day a structure exists in violation of this section constitutes a separate offense.
30.121 Cross-reference
Cross Reference: See also ch.
NR 325, Wis. adm. code.
30.121 Annotation
A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway is subject to regulation. Klingeisen v. DNR,
163 Wis. 2d 921,
472 N.W.2d 603 (Ct. App. 1991).
30.121 Annotation
An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse,
180 Wis. 2d 120,
508 N.W.2d 416 (1993).
30.121 Annotation
The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances. Pace v. Oneida County,
212 Wis. 2d 448,
569 N.W.2d 311 (Ct. App. 1997).
30.122
30.122
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.
30.122 History
History: 1977 c. 189.
30.123
30.123
Bridge construction and maintenance; permit. 30.123(1)(1) Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or
s. 30.10 or
30.12 for such construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under
s. 84.01 (23).
30.123(2)
(2) Except as provided in
sub. (1) and
s. 30.12 (4), no person may construct or maintain a bridge in, on or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.
30.123(3)
(3) Upon receipt of a complete application, the department shall follow the notice and hearing provisions of
s. 30.02 (3) and
(4), except that no notice or hearing is required for proposed bridges which would cross navigable waters less than 35 feet wide.
30.123(4)
(4) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the permit if the proposed bridge will not materially obstruct navigation, reduce the effective flood flow capacity of a stream or be detrimental to the public interest.
30.123(5)
(5) Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
30.123 History
History: 1977 c. 190; Stats. 1977 s. 30.122;
1977 c. 272; Stats. 1977 s. 30.123;
1987 a. 374.
30.124
30.124
Waterfowl habitat management. 30.124(1)
(1) Notwithstanding
ss. 30.12,
30.20,
30.44, and
30.45, and if the department finds that the activity will not adversely affect public 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:
30.124(1)(a)
(a) Cut aquatic plants, as defined in
s. 30.715 (1) (a), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
30.124(1)(b)
(b) Develop nesting islands for the purpose of increasing waterfowl production.
30.1255
30.1255
Report on control of aquatic nuisance species. 30.1255(1)(1)
Definition. In this section, "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.
