30.19(1b)(c)
(c) "Priority navigable waterway" means any of the following:
30.19(1b)(c)1.
1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under
s. 281.15.
30.19(1b)(c)2.
2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream.
30.19(1b)(c)4.
4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule.
30.19(1c)
(1c) Definition; applicability. The definition of "bank" under
sub. (1b) does not apply after the 90th day after the day the rule under
sub. (1d) is submitted to legislative council staff under
s. 227.15 (1) or the day that the rule promulgated under
sub. (1d) goes into effect, whichever is earlier.
30.19(1d)
(1d) Rules; banks of navigable waterways. 30.19(1d)(a)(a) The department shall promulgate a rule to determine what constitutes a bank for purposes of this section in accordance with all of the following:
30.19(1d)(a)1.
1. For priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:
30.19(1d)(a)1.a.
a. The portion of land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 300 feet.
30.19(1d)(a)1.b.
b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 10 percent.
30.19(1d)(a)1m.
1m. The rule promulgated under
subd. 1. may apply to specific priority navigable waterways or to classes of priority navigable waterways.
30.19(1d)(a)2.
2. For navigable waterways that are not priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:
30.19(1d)(a)2.a.
a. The portion of the land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 75 feet.
30.19(1d)(a)2.b.
b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 12 percent.
30.19(1d)(a)2m.
2m. The rule promulgated under
subd. 2. may apply to specific navigable waterways or to classes of navigable waterways.
30.19(1d)(am)
(am) The rule under this subsection may not require or allow the department to deviate from, or create an exemption from, the requirements of the rules promulgated under this section in determining what constitutes a bank at an individual, specific site.
30.19(1d)(b)
(b) In promulgating the rule under this subsection, the determination under this subsection of what constitutes a bank may not include any land where the slope or drainage of the land into the navigable waterway is completely interrupted.
30.19(1d)(c)
(c) To the extent practicable, the rule under this subsection shall be consistent with rules promulgated by the department that relate to shorelands, as defined in
s. 59.692 (1) (b), and floodplains, and rules promulgated under
s. 281.16 (2) that relate to protective areas for wetlands and waterways.
30.19(1d)(d)
(d) In promulgating the rule under this subsection, the department shall consider public rights and interests for the purpose of furthering the public trust in navigable waters.
30.19(1g)
(1g) 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:
30.19(1g)(a)
(a) Construct, dredge, or enlarge any artificial water body that connects with a navigable waterway.
30.19(1g)(am)
(am) Construct, dredge, or enlarge any part of an artificial water body that is located within 500 feet of the ordinary high-water mark of an existing navigable waterway, including a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.
30.19(1g)(c)
(c) Grade or remove topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet.
30.19(1m)
(1m) Exemptions. A person is exempt from the permit requirements under this section for any of the following:
30.19(1m)(a)
(a) The construction or repair of any public highway.
30.19(1m)(c)
(c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.
30.19(1m)(cm)
(cm) Any activity that affects a portion of Lake Michigan or of Lake Superior that is located within a county having a population of 750,000 or more.
30.19(1m)(d)
(d) Any activity that affects a portion of a navigable stream that is located within a county having a population of 750,000 or more.
30.19(1m)(e)
(e) Any work required to maintain the original dimensions of an enlargement of an artificial water body done pursuant to a permit or legislative authorization under
sub. (1g) (a) or
(am).
30.19(3r)(a)(a) The department shall issue statewide general permits under
s. 30.206 that authorize persons to do all of the following:
30.19(3r)(a)1.
1. Engage in an activity specified in
sub. (1g) (am) substantially in accordance with best management practices required for storm water discharge permits under
ch. 283.
30.19(3r)(b)
(b) The department may promulgate rules that specify other types of activities, in addition to those listed in
par. (a), that may be authorized by statewide general permits.
30.19(4)(a)(a) For activities that are not exempt under
sub. (1m) and that are not subject to a general permit under
sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under
sub. (1g).
30.19(4)(c)
(c) The department shall issue an individual permit pursuant to an application under
par. (a) if the department finds that all of the following apply:
30.19(4)(c)1.
1. The activity will not be detrimental to the public interest.
30.19(4)(c)3.
3. Any enlargement connected to a navigable waterway complies with all of the laws relating to platting of land and sanitation.
30.19(4)(c)4.
4. No material injury will result to the riparian rights of any riparian owners of real property that abuts any water body that is affected by the activity.
30.19(5)
(5) Requirement for public access. A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall require that the navigable portion of the artificial water body be a public waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.
30.19 Cross-reference
Cross Reference: See also chs.
NR 305,
322,
340, and
353, Wis. adm. code.
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 over navigable waters is that of s. 30.19 (1) (d) [now s. 30.19 (1m)], concerning 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
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.
30.195
30.195
Changing of stream courses. 30.195(1)
(1)
Permit required. Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream.
30.195(2)(a)(a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under
sub. (1).
30.195(2)(c)
(c) The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following apply:
30.195(2)(c)1.
1. The applicant is the owner of any land upon which the change in course or straightening of the navigable stream will occur.
30.195(2)(c)2.
2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the applicant's land.
30.195(2)(c)3.
3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to the public interest.
30.195(2)(c)4.
4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparian owners located on the stream or all of these riparian owners have consented to the issuance of the permit.
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;
2003 a. 118.
30.195 Cross-reference
Cross Reference: See also chs.
NR 305,
340, and
353, 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 an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under
s. 30.208 (3) to
(5) 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.
30.20
30.20
Removal of material from beds of navigable waters. 30.20(1)(1)
Permits or contracts required. 30.20(1)(a)(a) Unless a contract has been entered into with the department under
sub. (2) (a) or
(b) or authorization has been granted by the legislature, no person may remove any material from the bed of a natural navigable lake or from the bed of any outlying waters.
30.20(1)(b)
(b) Unless an individual or a general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not described under
par. (a).
30.20(1g)(a)1.1. A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching is exempt from the individual and general permit requirements under this section unless the department finds that 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(1g)(a)2.
2. 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(1g)(b)
(b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies:
30.20(1g)(b)1.
1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter.
30.20(1g)(b)2.
2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power.
30.20(1g)(c)
(c) A removal of material by the drainage board for the Duck Creek Drainage District from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section 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(1k)(a)(a) The department may promulgate rules concerning the exempt activities under
sub. (1g) that only do any of the following:
30.20(1k)(a)1.
1. Establish reasonable procedures for undertaking the removal of material to minimize environmental impacts.
30.20(1k)(a)2.
2. Establish reasonable limitations on the location of the removal of material at the site affected by the activity.
30.20(1k)(b)
(b) Notwithstanding
par. (a), the rules under
par. (a) 1. may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.
