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.
30.1255(3)(a)(a) The department shall submit to the legislature biennial reports describing all of the following:
30.1255(3)(a)1.
1. The current and potential economic and environmental impact of aquatic nuisance species on the waters of the state.
30.1255(3)(a)2.
2. Potential strategies to control aquatic nuisance species.
30.1255(3)(a)3.
3. Any geographical areas, public facilities or activities conducted in this state that need technical or financial assistance to reduce the environmental, public health or safety risk that may be caused by aquatic nuisance species.
30.1255(3)(b)
(b) The department shall submit the first report required under
par. (a) before July 1, 1994, and shall submit subsequent reports before July 1 of each even-numbered year thereafter. Beginning with the report due before July 1, 2004, the department shall submit each report required under
par. (a) as part of the corresponding biennial report under
s. 23.22 (6).
30.126
30.126
Regulation of fishing rafts. 30.126(2)
(2)
Prohibition of fishing rafts. Except as provided under
subs. (3) and
(4), no person may construct or place a fishing raft on any navigable water.
30.126(3)
(3) Exception for fishing rafts on the Mississippi River. A person may maintain any fishing raft located below and in close proximity to a lock or dam on the Mississippi River if the fishing raft is constructed or in place prior to December 4, 1983. A person may construct, place and maintain a fishing raft below and in proximity to a lock or dam on the Mississippi River if a permit is obtained for the fishing raft under
s. 30.12.
30.126(4)
(4) Exception for fishing rafts on the Wolf River. A person may construct, place and maintain a fishing raft on authorized portions of the Wolf River if the person complies with the restrictions under
sub. (5). Authorized portions of the Wolf River consist of any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.126(5)
(5) Restrictions on fishing rafts on the Wolf River. 30.126(5)(a)(a) May not obstruct navigation or interfere with public rights. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in a manner which materially obstructs navigation or which materially interferes with public rights in the navigable waters.
30.126(5)(b)
(b)
May not be located in channel. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in the channel of the waterway.
30.126(5)(c)
(c)
May not block more than 25% of the waterway. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the raft alone or in combination with any other fishing rafts previously constructed and placed on the waterway results in the obstruction of more than 25% of the width of the waterway.
30.126(5)(d)
(d)
May not be located within 10 feet of another fishing raft. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River within 10 feet of any other fishing raft previously constructed and placed on the waterway.
30.126(5)(e)
(e)
May not affect riparian rights without permission of riparian owner. No person who is not the riparian owner may construct, place or maintain a fishing raft which is attached or adjacent to property of a riparian owner or which otherwise affects the rights of a riparian owner unless the person receives the written permission of the riparian owner.
30.126(5)(f)
(f)
May not be used during certain times of the year. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River prior to March 1 of any year. Any person who constructs, places or maintains a fishing raft on authorized portions of the Wolf River shall remove or cause the removal of the fishing raft from the waterway on or before October 31 of each year.
30.126(5)(g)
(g)
May not have improper flotation devices. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment and maintenance of flotation devices used on fishing rafts.
30.126(5)(h)
(h)
May not have improper toilets. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the fishing raft is equipped with a toilet which permits toilet waste to be disposed of in the waterway. A toilet on a fishing raft shall comply with rules of the department of commerce as if the toilet were on a boat.
30.126(5)(i)
(i)
May not be abandoned. No person who constructs or places a fishing raft on authorized portions of the Wolf River may abandon the fishing raft.
30.126(5)(j)
(j)
May not be improperly maintained. No person who constructs or places a fishing raft on authorized portions of the Wolf River may fail to maintain the fishing raft in conformity with minimum standards established by the department by rule. After consulting with Wolf River municipalities, the department shall establish by rule minimum standards for the maintenance of fishing rafts to ensure proper repair, to promote maintenance in an aesthetically pleasing manner and to reduce the possibility that debris or litter from the fishing raft will be deposited in the waterway.
30.126(5)(k)
(k)
May not be used unless registered. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless the fishing raft is registered under the uniform registration system and unless the registration number is displayed on the raft and on each flotation device in 3-inch block letters.
30.126(6)
(6) Registration of fishing rafts on the Wolf River. 30.126(6)(a)(a) Department to establish a uniform registration system. The department shall establish by rule general standards for a uniform registration system for fishing rafts, on authorized portions of the Wolf River, which includes all the following:
30.126(6)(a)1.
1. A uniform numbering system for fishing rafts and flotation devices used on fishing rafts.
30.126(6)(a)2.
2. Provisions for the annual registration of all fishing rafts.
30.126(6)(a)3.
3. Provisions for the payment of an annual registration fee of $5 for each fishing raft.
30.126(6)(b)
(b)
Municipal adoption, administration and enforcement of uniform registration system. 30.126(6)(b)1.1. A Wolf River municipality shall adopt by ordinance and administer and enforce a uniform registration system for fishing rafts consistent with the general standards established by the department.
30.126(6)(b)2.
2. A Wolf River municipality which adopts, administers and enforces a uniform registration system for fishing rafts and which adopts and enforces restrictions on fishing rafts may retain all registration fees to administer and enforce the uniform registration system and the restrictions.
30.126(6)(b)3.
3. A Wolf River municipality which adopts a uniform registration system for fishing rafts shall transmit a complete list of all registered fishing rafts and their owners to the department on or before April 1 of each year.
30.126(6)(c)
(c)
Failure of municipality to adopt, administer or enforce the uniform registration system. If a Wolf River municipality fails to adopt by ordinance a uniform registration system for fishing rafts within 120 days after the effective date of rules promulgated by the department under
par. (a), or fails to adequately administer or enforce the uniform registration system for fishing rafts, the department, after providing notice and conducting a hearing on the matter, may adopt or administer and enforce the uniform registration system for fishing rafts in that municipality. If the department adopts, administers or enforces the uniform registration system for fishing rafts in a Wolf River municipality, the department may retain all registration fees for fishing rafts registered in that municipality.
30.126(6)(d)
(d)
Conflicts. Any conflict in jurisdiction arising from the enactment of ordinances for the registration of fishing rafts on authorized portions of the Wolf River by 2 or more Wolf River municipalities shall be resolved under
s. 66.0105.
30.126(7)
(7) Municipal regulation of fishing rafts on the Wolf River. 30.126(7)(a)(a)
Municipal adoption and enforcement of restrictions on fishing rafts. A Wolf River municipality shall adopt by ordinance and enforce restrictions on fishing rafts at least as restrictive as those under
sub. (5).
30.126(7)(b)
(b)
Failure of a municipality to adopt and enforce restrictions on fishing rafts. If a Wolf River municipality fails to adopt by ordinance restrictions on fishing rafts within 120 days after the effective date of rules promulgated by the department under
subs. (5) (g) and
(j) and
(6) (a), or fails to adequately enforce the restrictions on fishing rafts, the department, after providing notice and conducting a hearing on the matter, may enforce restrictions on fishing rafts. If the department enforces restrictions on fishing rafts in a Wolf River municipality, the department may retain all registration fees for fishing rafts registered in that municipality.
30.126(7)(c)
(c)
Conflicts. Any conflict in jurisdiction arising from the enactment of ordinances restricting fishing rafts on authorized portions of the Wolf River by 2 or more Wolf River municipalities shall be resolved under
s. 66.0105.
30.126(8)(a)(a)
Municipality may order removal. A Wolf River municipality may order a person who is violating restrictions under
sub. (5) or restrictions on fishing rafts adopted by ordinance to comply with the restrictions or to remove the fishing raft from authorized portions of the Wolf River.
30.126(8)(b)1.1. If a person fails to comply with an order issued under
par. (a) or if a Wolf River municipality is unable to issue an order under
par. (a) because the fishing raft is not registered and the municipality cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River, the municipality may remove the fishing raft and dispose of it.
30.126(8)(b)2.
2. The owner or person responsible for the fishing raft shall reimburse a Wolf River municipality for all costs associated with the removal and disposal of the fishing raft under this paragraph.
30.126(8)(c)1.1. The department may order a person who is violating
sub. (2) to remove the fishing raft from the navigable waters.
30.126(8)(c)2.
2. The department shall report any violation of
sub. (5) to the Wolf River municipality where the violation occurred.
30.126(8)(c)3.
3. If the Wolf River municipality does not act under
par. (b) 1. within 90 days after the department reports the violation, the department may order the person who is violating restrictions under
sub. (5) to comply with the restrictions or to remove the fishing raft from authorized portions of the Wolf River.
30.126(8)(d)1.1. If a person does not comply with an order issued under
par. (c) 1. or if the department is unable to issue an order under
par. (c) 1. because the department cannot determine who constructed, placed or maintained the fishing raft on the navigable waters, the department may remove the fishing raft and dispose of it.
30.126(8)(d)2.
2. If a person does not comply with an order issued under
par. (c) 3., the department may remove the fishing raft and dispose of it.
30.126(8)(d)3.
3. If the department is unable to issue an order under
par. (c) 3. because the fishing raft is not registered and the department cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River and if the Wolf River municipality does not act under
par. (b) 1. within 120 days after the department reports the violation, the department may remove the fishing raft and dispose of it.
30.126(8)(d)4.
4. The owner or person responsible for the fishing raft shall reimburse the department for all costs associated with the removal and disposal of the fishing raft under this paragraph.
