30.01(3m)
(3m) "Mooring anchor" means any anchor or weight which is designed to rest on the bed or to be buried in the bed of a navigable water, which is designed to be attached by a chain, cable, rope or other mechanism to a mooring buoy and which is designed to be left in position permanently or on a seasonal basis.
30.01(3s)
(3s) "Mooring buoy" means any float or marker which is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor.
30.01(3w)
(3w) "Motor vehicle" has the meaning designated under
s. 340.01 (35) except that this term does not include snowmobiles.
30.01(4)
(4) "Municipality" means any town, village, city or county in this state.
30.01(4m)
(4m) "Navigable waters" or "navigable waterway" means any body of water which is navigable under the laws of this state.
30.01(5)
(5) "Pier" means any structure extending into navigable waters from the shore with water on both sides, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat shelter which is removed seasonally. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
30.01(5m)
(5m) "Piling" means a group of piles.
30.01(6)
(6) "Secretary" means the secretary of natural resources.
30.01(6d)
(6d) "Surplus water" means any water of a stream that is not being beneficially used, as determined by the department.
30.01(6e)
(6e) "Swimming raft" means a floating platform without railings, roof or walls that is adequately anchored to the bed of navigable waters and is designed for swimming, diving and related activities.
30.01(7)
(7) "Watercraft" means any device used and designed for navigation on water.
30.01(8)
(8) "Wharf" means any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally.
30.01(10)
(10) "Wolf River municipality" means any city, village or town which adjoins or includes any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.01 Annotation
No threshold showing that a waterway is actually navigated for commercial or recreational purposes is necessary in order to prove that the waterway is navigable. City of Oak Creek v. DNR,
185 Wis. 2d 424,
518 N.W.2d 276 (Ct. App. 1994).
30.025
30.025
Permit procedure for utility facilities. 30.025(1b)(a)
(a) "Commission" means the public service commission.
30.025(1b)(b)
(b) "Permit" means an individual permit, a general permit, an approval, or a contract required under this subchapter or
subch. II, a permit or an approval required under
ch. 31, a storm water discharge permit required under
s. 283.33 (1) (a), or a water quality certification required under
s. 281.36 or under rules promulgated under
subch. II of ch. 281 to implement
33 USC 1341 (a).
30.025(1e)(a)(a) Except as provided in
par. (b), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.
30.025(1e)(b)
(b) This section does not apply to a proposal to construct a utility facility if the only permit that the utility facility is required to obtain from the department is a storm water discharge permit under
s. 283.33 (1) (a).
30.025(1m)
(1m) Preapplication process. Before filing an application under this section, a person proposing to construct a utility facility shall notify the department of the intention to file an application. After receiving such notice, the department shall confer with the person, in cooperation with the commission, to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:
30.025(1m)(a)
(a) The permits that the person may be required to obtain and the permits under which the person must give notification of the wish to proceed.
30.025(1m)(b)
(b) The information that the person will be required to provide.
30.025(1m)(c)
(c) The timing of information submissions that the person will be required to provide in order to enable the department to participate in commission review procedures and to process the application in a timely manner.
30.025(1s)(a)(a) Any person proposing to construct a utility facility to which this section applies shall, in lieu of separate application for permits, submit one application for permits together with any additional information required by the department. The application shall be filed with the department at the same time that an application for a certificate is filed with the commission under
s. 196.49 or in a manner consistent with
s. 196.491 (3) and shall include the detailed information that the department requires to determine whether an application is complete and to carry out its obligations under
sub. (4). The department may require supplemental information to be furnished thereafter.
30.025(1s)(b)
(b) A person who applies to the commission for a certificate under
s. 196.49 or
196.491 (3) is eligible to apply under
par. (a) for any permit that the utility facility may require and to receive such permit.
30.025(2)
(2) Hearing. Once the applicant meets the requirements of
sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under
ch. 985. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding
s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.
30.025(2g)
(2g) Participation in commission proceedings. 30.025(2g)(a)(a) The department shall review every proposed utility facility subject to this section, including each location, site, or route proposed for the utility facility, to assess whether each proposed location, site, or route can meet the criteria for proceeding under the authority of or obtaining the required permits, and shall provide that information to the commission.
30.025(2g)(b)
(b) The department shall participate in commission investigations or proceedings under
s. 196.49 or
196.491 (3) with regard to any proposed utility facility that is subject to this section. In order to ensure that the commission's decision is consistent with the department's responsibilities, the department shall provide the commission with information that is relevant to only the following:
30.025(2g)(b)1.
1. Environmental issues that concern the proposed utility facility.
30.025(2g)(b)2.
2. Public rights in navigable waters that may be affected by the proposed utility facility.
30.025(2g)(b)3.
3. Location, site, or route issues concerning the proposed utility facility, including alternative locations, sites, or routes.
30.025(2s)(a)(a) The department shall treat the commission's decision under
s. 196.49 or
196.491 (3) as concluding that there is no practicable alternative for the utility facility if all of the following apply:
30.025(2s)(a)1.
1. The department has participated in the commission's investigations or proceedings under
sub. (2g).
30.025(2s)(b)
(b) If
par. (a) applies, the department may not require the applicant for the proposed utility facility to undertake further analysis of any utility facility alternatives, including an analysis of alternative methods of meeting the need for the project or alternative locations, sites, or routes in order to satisfy the criteria under
sub. (3). The department may identify adjustments that may be required to address permitting issues within the location, site, or route approved by the commission under
s. 196.49 or
196.491 (3).
30.025(3)
(3) Permit Issuance. The department shall issue, or authorize proceeding under, the necessary permits if it finds that the applicant has shown that the proposal:
30.025(3)(a)
(a) Complies with environmental statutes administered by the department and rules promulgated thereunder, and federal environmental standards which the department has authority to enforce.
30.025(3m)
(3m) Environmental assessments for certain projects. The department is not required to prepare an environmental impact statement under
s. 1.11 (2) (c) for the construction of a project that is specified in
s. 196.491 (4) (c) 1. and for which one or more permits are required, but shall prepare an environmental assessment regarding the construction if the department's rules require an environmental assessment.
30.025(4)
(4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under
sub. (3). The department shall grant or deny the application for a permit for the utility facility within 30 days of the date on which the commission issues its decision under
s. 196.49 or
196.491 (3).
30.025(5)
(5) Exemption from certain procedures. Sections 30.208 and
30.209 do not apply to an application for any permit under this section.
30.027
30.027
Lower Wisconsin State Riverway. For activities in the Lower Wisconsin State Riverway, as defined in
s. 30.40 (15), no person obtaining a permit under
subchs. I,
II or
V may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under
s. 30.44 or
30.445.
30.027 History
History: 1989 a. 31.
30.03
30.03
Enforcement of forfeitures; abatement of nuisances; infringement of public rights. 30.03(2)
(2) The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter or
ch. 31.
30.03(3)
(3) All forfeitures shall be recovered by civil action as provided in
ch. 778 and when collected shall be paid directly into the state treasury.
30.03(4)(a)(a) If the department learns of a possible violation of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under
ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under
s. 111.07 (7).
30.03(4)(am)
(am) In determining an appropriate remedy for a violation under this chapter relating to a pier or wharf, the department may not order the removal of a pier or wharf unless the department considers all reasonable alternatives offered by the department and the owner of the pier or wharf relating to the location, design, construction, and installation of the pier or wharf.
30.03(4)(b)
(b) No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the order may be punished in civil contempt proceedings.
30.03 Annotation
Under sub. (4), the DNR has jurisdiction to pursue any "possible violation" of the public trust doctrine as embodied in ch. 30. ABKA Limited Partnership v. DNR, 2002 WI 106,
255 Wis. 2d 486,
648 N.W.2d 854,
99-2306.
30.03 Annotation
The DNR has a statutory duty under sub. (4) (a) to proceed against piers it believes to be in violation of ch. 30 or contrary to the public's rights in the waters of the state. No administrative rule limits DNR's statutory enforcement authority, nor could it do so. Baer v. Wisconsin DNR, 2006 WI App 225,
297 Wis. 2d 232,
724 N.W.2d 638,
05-0668.
30.03 Annotation
The DNR may enforce the terms of lakebed grants under sub. (4) (a) as long as the enforcement does not conflict with s. 30.05.
78 Atty. Gen. 107.
30.05
30.05
Applicability of chapter to municipally-owned submerged shorelands. Nothing in this chapter relative to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters is applicable to submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.
30.056
30.056
Exemption from certain permit requirements. Notwithstanding
ss. 30.12,
30.19,
30.195 and
30.294, the city of Oak Creek may not be required to remove any structure or concrete or other deposit that was placed in Crayfish Creek in the city of Oak Creek before June 1, 1991, and may continue to maintain the structure, concrete or deposit without having a permit or other approval from the department.
30.056 History
History: 1995 a. 455.
30.06
30.06
Waiver of certain provisions of this chapter. The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promulgate such rule only after it has entered into an agreement with the appropriate federal agency wherein it is agreed that the comparable federal law will be enforced on the waters in question in lieu of the state law which is being waived. The objective of such agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. government have concurrent jurisdiction, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective.
30.06 History
History: 1981 c. 390 s.
252;
1985 a. 332 s.
251 (1).
30.10
30.10
Declarations of navigability. 30.10(1)
(1)
Lakes. All lakes wholly or partly within this state which are navigable in fact are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.
30.10(2)
(2) Streams. Except as provided under
sub. (4) (c) and
(d), all streams, sloughs, bayous and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge or other obstruction shall be made in or over the same without the permission of the state.
30.10(3)
(3) Enlargements or improvements in navigable waters. All inner harbors, turning basins, waterways, slips and canals created by any municipality to be used by the public for purposes of navigation, and all outer harbors connecting interior navigation with lake navigation, are declared navigable waters and are subject to the same control and regulation that navigable streams are subjected to as regards improvement, use and bridging.
30.10(4)(a)(a) This section does not impair the powers granted by law under
s. 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.
30.10(4)(b)
(b) The boundaries of lands adjoining waters and the rights of the state and of individuals with respect to all such lands and waters shall be determined in conformity to the common law so far as applicable, but in the case of a lake or stream erroneously meandered in the original U.S. government survey, the owner of title to lands adjoining the meandered lake or stream, as shown on such original survey, is conclusively presumed to own to the actual shorelines unless it is first established in a suit in equity, brought by the U.S. government for that purpose, that the government was in fact defrauded by such survey. If the proper claims of adjacent owners of riparian lots of lands between meander and actual shorelines conflict, each shall have his or her proportion of such shorelands.
30.10(4)(c)
(c) Notwithstanding any other provision of law, farm drainage ditches are not navigable within the meaning of this section unless it is shown that the ditches were navigable streams before ditching. For purposes of this paragraph, "farm drainage ditch" means any artificial channel which drains water from lands which are used for agricultural purposes.
30.10(4)(d)
(d) A drainage district drain located in the Duck Creek Drainage District and operated by the board for that district is not navigable unless it is shown, by means of a U.S. geological survey map or other similarly reliable scientific evidence, that the drain was a navigable stream before it became a drainage district drain.
30.10 Cross-reference
Cross Reference: See also chs.
NR 305 and
320, Wis. adm. code.
30.10 Annotation
When there are 2 owners of land adjacent to a disputed parcel erroneously meandered under sub. (4), the judge is to divide the parcel proportionately on an equitable, but not necessarily equal, basis. Kind v. Vilas County,
56 Wis. 2d 269,
201 N.W.2d 881 (1972).
30.10 Annotation
The DNR properly considered the existence of beaver dams and ponds and the periods of high water caused by spring runoffs in determining the navigability of a creek. The dams and ponds were normal and natural to the stream, and the periods of high water were of a regularly recurring, annual nature. DeGayner & Co. v. DNR,
70 Wis. 2d 936,
236 N.W.2d 217 (1975).
30.10 Annotation
An owner of land on a meandered lake takes only to the actual shoreline. An owner does not have a "proper claim" to an isolated parcel separated from the remainder of the lot by the lake, making sub. (4) (b) inapplicable as parcels separated by a lake are not "adjacent." State Commissioners of Board of Public Lands v. Thiel,
82 Wis. 2d 276,
262 N.W.2d 522 (1978).
30.10 Annotation
A DNR declaration of navigability subjecting private property to sub. (1) was a taking. Zinn v. State,
112 Wis. 2d 417,
334 N.W.2d 67 (1983).
