30.12(1k)(e)1.
1. Repair and maintain the exempt structure without obtaining a permit from the department under this section unless the owner enlarges the structure.
30.12(1k)(e)2.
2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner registered the pier or wharf with the department under
par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision.
30.12(1k)(f)
(f) A decision of the department against the owner of a structure for which an exemption is claimed under this subsection is subject to a trial de novo.
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) and concerning piers and wharves under
sub. (1j) 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 and for piers and wharves under
sub. (1j).
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), and for a structure or deposit for which the department requires an individual permit under
sub. (2m) or
s. 30.206 (3r), 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)(am)1.1. Except as provided under
subd. 2., the department may not refuse to allow a riparian owner to apply for an individual permit for the placement of a pier or wharf, including a solid pier, that exceeds the number of boat slips authorized under
sub. (1g) (f) or
(1j). The department shall evaluate permit applications under this paragraph on an individual basis and shall grant such applications if the department finds that the pier or wharf meets the requirements under
par. (c) 1. to
3.
30.12(3m)(am)2.
2. The department may deny an individual permit to the riparian owner or owners of a property that is adjacent to a lake of 50 acres or more and on which there are 3 or more dwelling units if the riparian owner or owners apply for an individual permit for the placement of a pier or wharf with a number of boat slips that exceeds the number of boat slips specified in
sub. (1j) (a) 2.
30.12(3m)(ar)
(ar) The department shall issue an individual permit under this subsection to a riparian owner for a pier or wharf that was placed on the bed of a navigable water on or before February 6, 2004, unless the department demonstrates that one or more of the conditions under
s. 30.13 (1) (a) to
(e) has not been met. The department may not charge a riparian owner described under this paragraph a fee for an individual permit issued under this subsection.
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(3m)(cm)
(cm) In determining whether to issue an individual permit to the owner of a proposed pier or wharf, the department may not deny the permit 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.
30.12(3m)(d)1.1. In this paragraph, "solid pier" means a pier that does not allow for the free flow of water beneath the pier.
30.12(3m)(d)2.
2. The department may promulgate rules that limit the issuance of individual permits for solid piers to outlying waters, harbors connected to outlying waters, the Fox River from the dam at De Pere to Lake Winnebago, Lake Winnebago, and the Mississippi River. The rules may establish reasonable conditions to implement the criteria under
par. (c) 1. to
3. The rules may not prohibit the issuance of individual permits for solid piers used for private or commercial purposes.
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;
2007 a. 204.
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) [now 200.11 (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),
95-3526.
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,
99-1220.
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,
99-1220.
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.
30.121(3w)(d)
(d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.
30.121(4)
(4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in
s. 30.03 (4) (a) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in
s. 31.187 (1) for removing the abandoned structure.
30.121(5)
(5) Applicability. Boathouses or fixed houseboats owned by the state or by local units of government shall comply with this section. This section does not apply to any structure listed on the national register of historic places in Wisconsin or the state register of historic places.
30.121(6)
(6) Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the aesthetic features or color of boathouses.
30.121(7)
(7) Penalties. Any person who constructs, owns or maintains a boathouse or fixed houseboat in violation of this section or in violation of any order issued under this section shall forfeit not less than $10 nor more than $50 for each offense. Each day a structure exists in violation of this section constitutes a separate offense.
30.121 Cross-reference
Cross-reference: See also ch.
NR 325, Wis. adm. code.
30.121 Annotation
A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway is subject to regulation. Klingeisen v. DNR,
163 Wis. 2d 921,
472 N.W.2d 603 (Ct. App. 1991).
30.121 Annotation
An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse,
180 Wis. 2d 120,
508 N.W.2d 416 (1993).
30.121 Annotation
The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances. Pace v. Oneida County,
212 Wis. 2d 448,
569 N.W.2d 311 (Ct. App. 1997),
96-3514.
30.122
30.122
Unauthorized structures. All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.
