30.13 Annotation
The permitting criteria under DNR rules are supplemental to the criteria under sub. (1). To escape the requirement of obtaining a permit, the requirements of both the statute and rules must be met. Sea View Estates Beach Club, Inc. v. DNR,
223 Wis. 2d 138,
588 N.W.2d 667 (Ct. App. 1998),
97-3418.
30.131
30.131
Wharves and piers placed and maintained by persons other than riparian owners. 30.131(1)
(1) Notwithstanding
s. 30.133, a wharf or pier of the type which does not require a permit under
ss. 30.12 (1) and
30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:
30.131(1)(a)
(a) The owner of the riparian land or the owner's predecessor in interest entered into a written easement that was recorded before December 31, 1986, and that authorizes access to the shore to a person who is not an owner of the riparian land.
30.131(1)(b)
(b) The person to whom the easement was granted or that person's successor in interest is the person who places and maintains the wharf or pier.
30.131(1)(c)
(c) The placement and maintenance of the wharf or pier is not prohibited by and is not inconsistent with the terms of the written easement.
30.131(1)(d)
(d) The wharf or pier has been placed seasonally in the same location at least once every 4 years since the written easement described in
par. (a) was recorded.
30.131(1)(e)
(e) The wharf or pier is substantially the same size and configuration as it was on April 28, 1990, or during its last placement before April 28, 1990, whichever is later.
30.131(1)(f)
(f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter and with any applicable municipal regulations or ordinances.
30.131(2)
(2) Notwithstanding
s. 30.133, an easement under
sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.
30.131 History
History: 1989 a. 217;
1993 a. 167.
30.131 Annotation
This section does not grant rights to a nonriparian owner vis a vis a riparian owner. The statute speaks only to the lawfulness of a pier maintained under a nonriparian access easement. The terms and purpose of the easement may include the right to use and maintain the pier. Wendt v. Blazek, 2001 WI App 91,
242 Wis. 2d 722,
626 N.W.2d 78,
00-2448.
30.131 Annotation
Riparian rights are qualified by reasonable use and are subordinate to public rights. The common law requires reasonable use by riparian owners to be determined by the extent and capacity of the lake, the uses to which it has been put, and the rights that other riparian owners on the same lake also have. The inquiry is highly fact-specific, and determinations are made on a case-by-case basis. Hilton v. Department of Natural Resources, 2006 WI 84, ___ Wis. 2d ___, ___ N.W.2d ___,
03-3353.
30.131 Annotation
Historical use, however it is determined, is one of the factors that an administrative law judge may weigh in balancing the private rights and public interests at stake in riparian rights/public trust doctrine cases. The cases do not establish any set definition of historical use or any hard and fast methodology for determining it. That historic use must be based on something like passage of an ordinance or DNR contact is not required by public policy considerations. An ALJ may review local ordinances in making a permit determination but is not required to do so. Hilton v. Department of Natural Resources, 2006 WI 84, ___ Wis. 2d ___, ___ N.W.2d ___,
03-3353.
30.133
30.133
Prohibition against conveyance of riparian rights. 30.133(1)(1) Beginning on April 9, 1994, no owner of riparian land that abuts a navigable water may convey, by easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material in the navigable water.
30.133(2)
(2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project.
30.133 History
History: 1993 a. 167.
30.133 Annotation
Small lock boxes were not "intended for any type of independent use" within the meaning of a condominium "unit" under s. 703.02 (15) and were not valid condominium units. Without a valid condominium unit, the transfer of riparian rights purportedly attached to the condominium lock boxes was in violation of this section. ABKA Limited Partnership v. DNR, 2002 WI 106,
255 Wis. 2d 486,
648 N.W.2d 854,
99-2306.
30.134
30.134
Use of exposed shore areas along streams. 30.134(1)(a)
(a) "Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.
30.134(1)(b)
(b) "Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.
30.134(1)(d)
(d) "Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.
30.134(2)
(2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian only if it is necessary to exit the body of water to bypass an obstruction.
30.134(3)
(3) Restrictions; members of public. 30.134(3)(a)(a) In using an exposed shore area of a stream, as authorized under
sub. (2), a member of the public may not enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.
30.134(3)(c)
(c) Use of an exposed shore area of a stream by members of the public does not grant an easement or other right to the exposed shore area that is greater than the right granted to the public under this section.
30.134(4)
(4) Restrictions; riparians; others. 30.134(4)(a)(a) No riparian may prohibit a member of the public from using, as authorized under this section, an exposed shore area of a stream.
30.134(4)(b)
(b) No riparian may charge a fee for the use, as authorized under this section, of an exposed shore area of a stream.
30.134(4)(c)
(c) No person may obstruct a highway with the intention to impede or prohibit access by the public to an exposed shore area of a stream.
30.134(5)
(5) Exceptions. The right granted to the public under this section to use an exposed shore area of a stream does not apply to any of the following:
30.134(5)(a)
(a) An exposed shore area of an impoundment on a stream.
30.134(5)(c)
(c) Any location on a stream where there is no surface water flowing in the stream.
30.134 History
History: 1999 a. 9;
2001 a. 16.
30.135
30.135
Regulation of water ski platforms and jumps. 30.135(1)(1) A riparian owner placing a water ski platform or water ski jump in a navigable waterway is exempt from the permit requirements under this chapter if all of the following requirements are met:
30.135(1)(a)
(a) The platform or jump does not interfere with public rights in navigable waters.
30.135(1)(b)
(b) The platform or jump does not interfere with rights of other riparian owners.
30.135(1)(c)
(c) The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.
30.135(2)
(2) If the department determines that any of the requirements under
sub. (1) are not met, the riparian owner shall submit an application for an individual permit to the department. The notice and hearing provisions under
s. 30.208 (3) to
(5) apply to the application.
30.135 History
History: 1997 a. 27;
2003 a. 118.
30.14
30.14
Reports of and hearings on violations. 30.14(1)(1)
Municipalities to report violations. The governing body of each municipality shall promptly report to the department every violation of
s. 30.12 or
30.13 which occurs or which it has reason to believe is likely to occur within the municipal boundaries.
30.14(2)
(2) Hearings by department. Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable water in violation of
s. 30.12 or
30.13 or
30.207 or that any wharf, pier or other structure proposed to be built in navigable water will violate
s. 30.12 or
30.13 or
30.207, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
30.14 History
History: 1987 a. 374;
1997 a. 174.
30.15
30.15
Penalty for unlawful obstruction of navigable waters. 30.15(1)(1)
Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense:
30.15(1)(a)
(a) Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.
30.15(1)(b)
(b) Unlawfully places in navigable waters or in any tributary thereof any substance that may float into and obstruct any such waters or impede their free navigation.
30.15(1)(c)
(c) Constructs or maintains in navigable waters, or aids in the construction or maintenance therein, of any boom not authorized by law.
30.15(1)(d)
(d) Constructs or places any structure or deposits any material in navigable waters in violation of
s. 30.12 or
30.13.
30.15(3)
(3) Each day a separate violation. Each day during which an obstruction, deposit or structure exists in violation of
sub. (1) is a separate offense.
30.15 History
History: 1987 a. 374.
30.15 Annotation
When a bridge obstructing navigation was necessary, reasonable, and existing before the plaintiff moved into the area, the defendant city need not abate the nuisance. Capt. Soma Boat Line v. Wisconsin Dells,
79 Wis. 2d 10,
255 N.W.2d 441 (1977).
30.15 Annotation
If an unattended and anchored boat is left on navigable water for an unreasonable length of time, it constitutes a violation. 63 Atty. Gen. 601.
30.16
30.16
Removal of obstructions to navigation. 30.16(1)(a)(a)
Removal. The governing body of any municipality in this state may cause to be removed to a convenient and safe place any watercraft or float obstructing or interfering with the free navigation of any river, canal, water channel or slip within its harbor after having given reasonable notice to the master or owner or the agent of the master or owner, if known and a resident of this state, or to the person in charge thereof, to so remove such watercraft or float. The governing body of the municipality by ordinance or resolution may authorize any harbor master or other public officer over whom it has jurisdiction to remove the obstruction, and may prescribe the officer's duties with respect thereto and the mode of carrying them into effect and may prescribe penalties for violation of such ordinance or resolution.
30.16(1)(b)
(b)
Costs of removal. All costs, charges and expenses of such removal are a first lien on such watercraft or float, which lien may be enforced in the manner provided by law. The owner of any such watercraft or float is also personally liable for such costs, charges and expenses, to be recovered by the municipality by a personal action.
30.16(2)
(2) Removal of obstructions to navigation; wharves and piers; alternative. As an alternative to the procedure specified under
sub. (1), the governing body of a city, village or town may remove that portion of a wharf or pier which constitutes an unlawful obstruction to navigation as provided under
s. 30.13 (5m).
30.18
30.18
Diversion of water from lakes and streams. 30.18(2)(a)(a)
Streams. No person may divert water from a stream in this state without an individual permit under this section if the diversion meets either of the following conditions:
30.18(2)(a)1.
1. The diversion is for the purpose of maintaining or restoring the normal level of a navigable lake or the normal flow of a navigable stream, regardless of whether the navigable lake or navigable stream is located within the watershed of the stream from which the water is diverted.
30.18(2)(a)2.
2. The diversion is for the purpose of agriculture or irrigation.
30.18(2)(b)
(b)
Streams or lakes. No person, except a person required to obtain an approval under
s. 281.41, may divert water from any lake or stream in this state without an individual permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.
30.18(3)(a)1.1. Except as provided in
par. (b), an applicant for a permit required under
sub. (2) (a) shall file the application with the department setting forth the name and post-office address of the applicant, the name of the stream from which the water will be diverted, the point in the stream from which it is proposed to divert the water, the name of the lake or stream or the location and riparian status of the land to which the water is to be diverted, the location and description of the canal, tunnel or pipes and other works through which the water is to be diverted, the amount of water to be diverted, the periods of time when it is proposed to divert such water, the time required for the completion of the canal and other structures necessary for the completed project and, if required by the department, 4 copies of plans showing cross sections and profiles for any canal, tunnel, pipes or other diversion works and any dam and control works at the point of diversion and at the point of discharge.
30.18(3)(a)2.
2. For a diversion under
sub. (2) (a) 1., a map or maps shall accompany the application with a scale of not less than one inch per 2,000 feet, showing the land topography and the probable course of the proposed diversion canal and other works, and the ownership of all lands upon which will be located the canal, tunnel, pipes and all other works for the completed project.
30.18(3)(a)3.
3. For a diversion under
sub. (2) (a) 2., the application shall include written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.
30.18(3)(a)4.
4. The department may require such additional information as may be pertinent.
30.18(3)(b)
(b)
Application; streams or lakes. An application for a permit required under
sub. (2) (b) shall be submitted in the form required under
s. 281.35 (5) (a). If the diversion also meets either condition specified under
sub. (2) (a), the application shall also comply with
par. (a).
30.18(4)
(4) Notice of hearing on application. 30.18(4)(a)(a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under
s. 30.208 (3) to
(5). In addition to providing notice as required under
s. 30.208 (3) to
(5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in
s. 281.35 (5) (b) or
(6) (f), if applicable.
30.18(4)(b)
(b) If a hearing on the application for a permit is conducted as a part of a hearing under
s. 293.43, the notice and hearing provisions in that section supersede the notice and hearing provisions of
par. (a).
30.18(5)(a)(a)
Streams. The department shall approve an application for a permit required under
sub. (2) (a) if the department determines both of the following:
30.18(5)(a)1.
1. That the proposed diversion will not injure any public rights in navigable waters.
30.18(5)(a)2.
2. That the water to be diverted is surplus water, or if it is not surplus water, that all riparians who may be adversely affected by the diversion have consented to the proposed diversion.
30.18(5)(b)
(b)
Streams or lakes. The department shall approve an application for a permit required under
sub. (2) (b) if the grounds for approval specified under
s. 281.35 (5) (d) are met and, if the permit is also required under
sub. (2) (a), if the department makes the determinations specified under
par. (a).
30.18(6)
(6) Permits; use of water; reporting; review. 30.18(6)(a)(a)
Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under
sub. (2) (b), the permit shall comply with
s. 281.35 (6).
