30.11 Annotation
A bulkhead line is not merely the natural shoreline, but one legislatively established by a municipality. It may differ from the existing shoreline and is also distinguishable from the low- and high-water marks previously judicially defined. State v. McFarren,
62 Wis. 2d 492,
215 N.W.2d 459 (1974).
30.11 Annotation
The private right to fill lakebeds granted under this section does not preempt the zoning power of a county over shorelands under s. 59.971 [now 59.692]. State v. Land Concepts, Ltd.
177 Wis. 2d 24,
501 N.W.2d 817 (Ct. App. 1993).
30.11 Annotation
When 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.
30.11 Annotation
A bulkhead line is not legally established until the filing requirements of sub. (3) are met. A bulkhead line established by a town on lands subsequently annexed to a municipality that has not established such line, remains in effect. 64 Atty. Gen. 112.
30.12
30.12
Structures and deposits in navigable waters. 30.12(1)(1)
Permits required. Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may do any of the following:
30.12(1)(a)
(a) Deposit any material or place any structure upon the bed of any navigable water where no bulkhead line has been established.
30.12(1)(b)
(b) Deposit any material or place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.
30.12(1g)
(1g) Exemptions. A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the riparian rights of other riparian owners, and is any of the following:
30.12(1g)(a)
(a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that is associated with any activity or project that is exempt from an individual permit or a general permit under this subchapter.
30.12(1g)(b)
(b) A structure, other than a pier or a wharf, that is placed on a seasonal basis in accordance with rules promulgated by the department.
30.12(1g)(c)
(c) A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.
30.12(1g)(d)
(d) A bird nesting platform, wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.
30.12(1g)(e)
(e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property, in accordance with rules promulgated by the department.
30.12(1g)(f)
(f) A pier or wharf that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.
30.12(1g)(g)
(g) An intake structure and pipe that is placed on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.
30.12(1g)(h)
(h) A piling that is driven 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(1g)(i)
(i) Riprap in an amount not to exceed 100 linear feet that is placed to replace existing riprap located in an inland lake or Great Lakes water body and that includes the replacement of filter fabric or base substrate.
30.12(1g)(j)
(j) Riprap in an amount not to exceed 300 linear feet that is placed to repair existing riprap located in an inland lake or Great Lakes water body, and that consists only of the placement of additional rock or the redistribution of existing rock within the footprint of the existing riprap.
30.12(1g)(k)
(k) A biological shore erosion control structure, as defined by rule by the department.
30.12(1g)(km)
(km) An intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.
30.12(1m)
(1m) Duck Creek Drainage District structures and deposits. 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 is exempt from the permit requirements under this section if either of the following applies:
30.12(1m)(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(1m)(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(1p)(a)(a) The department may promulgate rules concerning the exempt activities under
sub. (1g) that only do any of the following:
30.12(1p)(a)1.
1. Establish reasonable installation practices for the placement of structures or the deposit of material to minimize environmental impacts.
30.12(1p)(a)2.
2. Establish reasonable construction and design requirements for the placement of structures under
sub. (1g) (c),
(d),
(f),
(g),
(h), and
(km) that are consistent with the purpose of the activity.
30.12(1p)(a)3.
3. Establish reasonable limitations on the location of the placement of structures or the deposit of material at the site affected by the activity.
30.12(1p)(b)
(b) Notwithstanding
par. (a), the rules under
par. (a) 1. and
2. may not establish practices or requirements that prohibit the placement of structures or the deposit of material or that render the placement of structures or the deposit of material economically cost-prohibitive.
30.12(2m)
(2m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under
sub. (1g) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
30.12(2m)(a)
(a) Significant adverse impacts to the public rights and interests.
30.12(2m)(c)
(c) Material injury to the riparian rights of any riparian owner.
30.12(2r)(a)(a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under
sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
30.12(2r)(b)
(b) The department shall do all of the following within 15 days after receipt of a statement under
par. (a):
30.12(2r)(b)1.
1. Enter and inspect the site on which the activity is located, subject to
s. 30.291, if the department determines such an inspection is necessary.
30.12(2r)(b)2.
2. Make a determination as to whether the activity is exempt.
30.12(2r)(b)3.
3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.
30.12(2r)(c)
(c) If the department does not take action under
par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.
30.12(2r)(d)
(d) If a statement under
par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under
par. (b) does not apply.
30.12(3)(a)(a) The department shall issue statewide general permits under
s. 30.206 that authorize riparian owners to do all of the following:
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)3c.
3c. Place riprap in order to replace or repair existing riprap, other than riprap that is exempt under
sub. (1g) (i) or
(j).
30.12(3)(a)3g.
3g. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 100 continuous feet in an inland lake of 300 acres or more.
30.12(3)(a)3r.
3r. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 300 continuous feet in a Great Lakes water body.
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 general or individual permit may be issued for a permanent boat shelter that 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 or if there is a boathouse over navigable waters adjacent to the owner's property.
30.12(3)(a)13.
13. Place a seawall to replace an existing seawall for which a permit has been issued under this chapter. The replacement may not exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed 300 continuous feet in a Great Lakes water body.
30.12(3)(br)
(br) The department may promulgate rules that specify structures or deposits, in addition to those listed in
par. (a), that may be authorized by statewide general permits.
30.12(3)(c)
(c) The department may impose conditions on general permits issued under
par. (a) 6. 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 conditions may not govern the aesthetic features or color of boat shelters. The conditions shall be designed to ensure the structural soundness and durability of boat shelters. A municipality may enact ordinances that are consistent with this paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.
30.12(3m)(a)(a) For a structure or deposit that is not exempt under
sub. (1g) and that is not subject to a general permit under
sub. (3), a riparian owner may apply to the department for the individual permit that is required under
sub. (1) in order to place the structure for the owner's use or to deposit the material.
30.12(3m)(c)
(c) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under
par. (a) if the department finds that all of the following apply:
30.12(3m)(c)1.
1. The structure or deposit will not materially obstruct navigation.
30.12(3m)(c)2.
2. The structure or deposit will not be detrimental to the public interest.
30.12(3m)(c)3.
3. The structure or deposit will not materially reduce the flood flow capacity of a stream.
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 History
History: 1975 c. 250,
421;
1977 c. 130,
447;
1981 c. 226,
330;
1981 c. 390 s.
252;
1987 a. 374;
1989 a. 31;
1993 a. 132,
151,
236,
491;
1995 a. 27,
201,
227;
1997 a. 35,
248;
1999 a. 9;
2001 a. 16;
2003 a. 118,
321,
326,
327.
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
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.
30.121
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(3w)
(3w) Exception; commercial boathouses. Notwithstanding
subs. (2) and
(3), a person may construct, repair, or maintain a boathouse if all of the following apply:
30.121(3w)(a)
(a) The boathouse is used exclusively for commercial purposes.
30.121(3w)(b)
(b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in
s. 560.13 (1) (a), or in a blighted area, as defined in
s. 66.1331 (3) (a).
30.121(3w)(c)
(c) The boathouse is located within a harbor that is being operated as a commercial enterprise or is located on a river that is a tributary of Lake Michigan or Lake Superior.
