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 Cross-reference
Cross Reference: See also chs.
NR 305 and
340, Wis. adm. code.
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 Cross-reference
Cross Reference: See also chs.
NR 305,
320,
346, and
347, Wis. adm. code.
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.
30.2025
30.2025
Lake Koshkonong comprehensive project. 30.2025(1)(1)
Definition. In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.
30.2025(2)
(2) Authorization. The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes:
30.2025(2)(a)
(a) To improve navigation or to provide navigation aids.
30.2025(2)(b)
(b) To restore or protect wetland habitat or water quality.
30.2025(2)(c)
(c) To create, restore, or protect fish and wildlife habitat.
30.2025(2)(d)
(d) To enhance the natural aesthetic value or improve the recreational use of the lake.
30.2025(3)
(3) Location of structures and fill. Any structure or fill placed as part of the project authorized under
sub. (2) shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.
30.2025(4)(a)(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under
sub. (2), the district shall submit plans and specifications for the project to the department and obtain the department's approval for the project.
30.2025(4)(b)
(b) Before the department gives its approval for a project authorized under
sub. (2), the department shall do all of the following:
30.2025(4)(b)2.
2. Review the plans and specifications submitted to the department under
par. (a) and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.2025(4)(b)3.
3. Hold a public informational meeting to discuss the plans and specifications submitted under
par. (a).
30.2025(4)(b)4.
4. Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under
sub. (5).
30.2025(5)
(5) Requirements for structures and fill. A structure or fill placed as part of a project authorized under
sub. (2) shall meet all of the following requirements:
30.2025(5)(a)
(a) It may not materially affect the flood flow capacity of the Rock River.
30.2025(5)(c)
(c) It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project.
30.2025(5)(e)
(e) It may not be detrimental to the public interest.
30.2025(6)(a)(a) The district shall maintain the structures and the fill that are part of the project authorized under
sub. (2) to ensure that the structures and fill do not impair the safety of the public.
30.2025(6)(b)
(b) The district shall maintain the structures and the fill that are part of the project authorized under
sub. (2) so that the structures and fill remain in compliance with the requirements listed under
sub. (5).
30.2025(6)(c)
(c) If the department determines that any structure or any fill that is part of the project authorized under
sub. (2) does not comply with the requirements under
sub. (5), the department may require the district to modify the structure or fill to bring it into compliance or to remove the structure or fill.
30.2025(7)
(7) Use of structures or fill. Any structure or fill placed as part of the project authorized under
sub. (2) may be used only for any of the following:
30.2025(7)(a)
(a) As a site for the placement of navigation aids approved by the department.
30.2025(7)(b)
(b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.2025(8)(a)(a) The structures or fill that are part of the project authorized under
sub. (2) are owned by the district. Except as provided in
par. (b), the district may not transfer ownership of any structure or any fill that is part of the project authorized under
sub. (2).
30.2025(8)(b)
(b) The district may transfer ownership of any structure or fill that is part of the project authorized under
sub. (2) if all of the following apply:
30.2025(8)(b)1.
1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.
30.2025(8)(b)2.
2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.
30.2025(9)
(9) Access to property. An employee or agent of the department shall have free access during reasonable hours to the structures or fill that are part of the project authorized under
sub. (2) for the purpose of inspecting the structures or fill to ensure that the project is in compliance with the requirements of this section. If the department determines that any structure or any fill that is part of the project authorized under
sub. (2) does not comply with the requirements of this section, the department may require the owner of the structure or fill to modify the structure or fill to bring it into compliance or to remove the structure or fill.
30.2025(10)
(10) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under
sub. (2).
30.2025 History
History: 2001 a. 16.
30.2026
30.2026
Lake Belle View and Sugar River project. 30.2026(1)(a)(a) Subject to the restrictions under
sub. (2), the village of Belleville may place fill on all or part of the portion of the bed of Lake Belle View located in Dane County for any of the following purposes:
30.2026(1)(a)3.
3. Improving the water quality of Lake Belle View and the Sugar River.
30.2026(1)(a)4.
4. Enhancing the recreational use and aesthetic enjoyment of Lake Belle View and the Sugar River.
30.2026(1)(a)5.
5. Separating Lake Belle View from the Sugar River by creating an artificial barrier from lake bottom sediments or by other means.
30.2026(1)(a)6.
6. Creating suitable lake bottom depths or contours in Lake Belle View.
30.2026(1)(b)
(b) Any lake bottom sediments that are unsuitable for the creation of an artificial barrier under
par. (a) 5. may be placed in any agricultural field that is adjacent to Lake Belle View.
30.2026(1)(c)
(c) If the village of Belleville creates an artificial barrier from lake bottom sediments under
par. (a) 5., the village of Belleville shall also place lake bottom sediments in adjacent areas for the purpose of creating and enhancing wetlands.
30.2026(2)(a)(a) The village of Belleville shall obtain approval from the department for any placement of fill material as authorized under
sub. (1).
30.2026(2)(b)
(b) The village of Belleville shall submit to the department any plans or other information that the department considers necessary for it to effectively determine whether to grant approval under
par. (a).
30.2026(2)(c)
(c) The village of Belleville shall ensure that all of the following apply to any artificial barrier created as authorized under
sub. (1).
30.2026(2)(c)1.
1. The barrier does not materially obstruct navigation or reduce the effective flood flow capacity of a stream.
