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.
30.122 History
History: 1977 c. 189.
30.123
30.123
Bridges and culverts. 30.123(2)
(2)
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 construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters.
30.123(5)
(5) Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
30.123(6)
(6) Exemptions. Subsection (2) does not apply to any of the following:
30.123(6)(b)
(b) The construction and maintenance of bridges by the department of transportation in accordance with
s. 30.2022.
30.123(6)(d)
(d) The construction or placement and the maintenance of a replacement culvert that is placed in substantially the same location as the culvert being replaced if the replacement culvert is constructed or placed using best management practices to comply with water quality standards under
subch. II of ch. 281.
30.123(6m)
(6m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under
sub. (6) (d) 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:
30.123(6m)(a)
(a) Significant adverse impacts to the public rights and interests.
30.123(6m)(c)
(c) Material injury to the riparian rights of any riparian owner.
30.123(6p)
(6p) Costs. If the department requires a person who replaces a culvert to apply for an individual permit or seek authorization under a general permit under
sub. (6m), notwithstanding the exemptions under
sub. (6) (d), and if the department includes conditions in the individual permit or under the general permit that are different than the conditions in the permit issued for the culvert being replaced, the department may not impose a fee for the individual permit or for authorization under the general permit and shall reimburse that person, from the appropriation under
s. 20.370 (8) (ma), for his or her reasonable costs incurred in complying with the different conditions in the permit.
30.123(6r)(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. (6) (d). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
30.123(6r)(b)
(b) The department shall do all of the following within 15 days after receipt of a statement under
par. (a):
30.123(6r)(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.
30.123(6r)(b)2.
2. Make a determination as to whether the activity is exempt.
30.123(6r)(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.
30.123(6r)(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.
30.123(6r)(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.
30.123(6s)(a)(a) The department may promulgate rules concerning the exempt activities under
sub. (6) that only do any of the following:
30.123(6s)(a)1.
1. Establish reasonable installation practices for culverts to minimize environmental impacts.
30.123(6s)(a)2.
2. Establish reasonable construction and design requirements for culverts that are consistent with the purpose of the activity.
30.123(6s)(a)3.
3. Establish reasonable limitations on the location of culverts at the site affected by the activity.
30.123(6s)(b)
(b) Notwithstanding
par. (a), the rules under
par. (a) 1. and
2. may not establish practices or requirements that prohibit the construction of culverts or that render the placement of culverts economically cost-prohibitive.
30.123(7)
(7) General permits. The department shall issue statewide general permits under
s. 30.206 that authorize any person to do all of the following:
30.123(7)(a)
(a) Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.
30.123(7)(b)
(b) Construct and maintain a culvert that replaces a culvert that is not exempt under
sub. (6) (d) and that is in a navigable water that is less than 35 feet wide.
30.123(7)(c)
(c) Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.
30.123(7)(d)
(d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
30.123(8)(a)(a) For the construction and maintenance of a bridge or culvert that is not exempt under
sub. (6) and that is not subject to a general permit under
sub. (7), a person may apply to the department for the individual permit that is required under
sub. (2) in order to construct or maintain a bridge or culvert.
30.123(8)(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 requirements are met:
30.123(8)(c)1.
1. The bridge or culvert will not materially obstruct navigation.
30.123(8)(c)2.
2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream.
30.123(8)(c)3.
3. The bridge or culvert will not be detrimental to the public interest.
30.123(9)
(9) Records. A city, village, town, or county that replaces a culvert and that is exempt from the permitting requirements under
sub. (6) shall make and retain a record of the replacement of the culvert. The record shall include all of the following information:
30.123(9)(a)
(a) The date on which the replacement culvert was constructed or placed.
30.123 History
History: 1977 c. 190; Stats. 1977 s. 30.122;
1977 c. 272; Stats. 1977 s. 30.123;
1987 a. 374;
2003 a. 118;
2011 a. 167;
2013 a. 1;
2015 a. 55.
30.124
30.124
Waterfowl habitat management. 30.124(1)
(1) Notwithstanding
ss. 30.12,
30.20,
30.44, and
30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in
s. 299.01 (4), the department may do all of the following on public lands or waters:
30.124(1)(a)
(a) Cut aquatic plants, as defined in
s. 30.07 (1) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
30.124(1)(b)
(b) Develop nesting islands for the purpose of increasing waterfowl production.
30.124 Cross-reference
Cross-reference: See also ch.
NR 353, Wis. adm. code.
30.1255
30.1255
Report on control of aquatic nuisance species. 30.1255(1)(1)
Definition. In this section, “aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.
30.1255(3)(a)(a) The department shall submit to the legislature biennial reports describing all of the following:
30.1255(3)(a)1.
1. The current and potential economic and environmental impact of aquatic nuisance species on the waters of the state.
30.1255(3)(a)2.
2. Potential strategies to control aquatic nuisance species.
30.1255(3)(a)3.
3. Any geographical areas, public facilities or activities conducted in this state that need technical or financial assistance to reduce the environmental, public health or safety risk that may be caused by aquatic nuisance species.
30.1255(3)(b)
(b) The department shall submit the report required under
par. (a) before October 1 of each even-numbered year as part of the corresponding biennial report under
s. 23.22 (6).
30.126
30.126
Regulation of fishing rafts. 30.126(2)
(2)
Prohibition of fishing rafts. Except as provided under
subs. (3) and
(4), no person may construct or place a fishing raft on any navigable water.
30.126(3)
(3) Exception for fishing rafts on the Mississippi River. A person may maintain any fishing raft located below and in close proximity to a lock or dam on the Mississippi River if the fishing raft is constructed or in place prior to December 4, 1983. A person may construct, place and maintain a fishing raft below and in proximity to a lock or dam on the Mississippi River if a permit is obtained for the fishing raft under
s. 30.12.
30.126(4)
(4) Exception for fishing rafts on the Wolf River. A person may construct, place and maintain a fishing raft on authorized portions of the Wolf River if the person complies with the restrictions under
sub. (5). Authorized portions of the Wolf River consist of any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
30.126(5)
(5) Restrictions on fishing rafts on the Wolf River. 30.126(5)(a)(a) May not obstruct navigation or interfere with public rights. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in a manner which materially obstructs navigation or which materially interferes with public rights in the navigable waters.
30.126(5)(b)
(b)
May not be located in channel. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in the channel of the waterway.
30.126(5)(c)
(c)
May not block more than 25 percent of the waterway. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the raft alone or in combination with any other fishing rafts previously constructed and placed on the waterway results in the obstruction of more than 25 percent of the width of the waterway.
30.126(5)(d)
(d)
May not be located within 10 feet of another fishing raft. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River within 10 feet of any other fishing raft previously constructed and placed on the waterway.
30.126(5)(e)
(e)
May not affect riparian rights without permission of riparian owner. No person who is not the riparian owner may construct, place or maintain a fishing raft which is attached or adjacent to property of a riparian owner or which otherwise affects the rights of a riparian owner unless the person receives the written permission of the riparian owner.
30.126(5)(f)
(f)
May not be used during certain times of the year. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River prior to March 1 of any year. Any person who constructs, places or maintains a fishing raft on authorized portions of the Wolf River shall remove or cause the removal of the fishing raft from the waterway on or before October 31 of each year.
30.126(5)(g)
(g)
May not have improper flotation devices. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment and maintenance of flotation devices used on fishing rafts.
30.126(5)(h)
(h)
May not have improper toilets. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the fishing raft is equipped with a toilet which permits toilet waste to be disposed of in the waterway. A toilet on a fishing raft shall comply with rules of the department of safety and professional services as if the toilet were on a boat.
30.126(5)(i)
(i)
May not be abandoned. No person who constructs or places a fishing raft on authorized portions of the Wolf River may abandon the fishing raft.
30.126(5)(j)
(j)
May not be improperly maintained. No person who constructs or places a fishing raft on authorized portions of the Wolf River may fail to maintain the fishing raft in conformity with minimum standards established by the department by rule. After consulting with Wolf River municipalities, the department shall establish by rule minimum standards for the maintenance of fishing rafts to ensure proper repair, to promote maintenance in an aesthetically pleasing manner and to reduce the possibility that debris or litter from the fishing raft will be deposited in the waterway.
30.126(5)(k)
(k)
May not be used unless registered. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River unless the fishing raft is registered under the uniform registration system and unless the registration number is displayed on the raft and on each flotation device in 3-inch block letters.
30.126(6)
(6) Registration of fishing rafts on the Wolf River. 30.126(6)(a)(a) Department to establish a uniform registration system. The department shall establish by rule general standards for a uniform registration system for fishing rafts, on authorized portions of the Wolf River, which includes all the following:
30.126(6)(a)1.
1. A uniform numbering system for fishing rafts and flotation devices used on fishing rafts.
30.126(6)(a)2.
2. Provisions for the annual registration of all fishing rafts.
30.126(6)(a)3.
3. Provisions for the payment of an annual registration fee of $5 for each fishing raft.
30.126(6)(b)
(b)
Municipal adoption, administration and enforcement of uniform registration system. 30.126(6)(b)1.1. A Wolf River municipality shall adopt by ordinance and administer and enforce a uniform registration system for fishing rafts consistent with the general standards established by the department.
30.126(6)(b)2.
2. A Wolf River municipality which adopts, administers and enforces a uniform registration system for fishing rafts and which adopts and enforces restrictions on fishing rafts may retain all registration fees to administer and enforce the uniform registration system and the restrictions.
30.126(6)(b)3.
3. A Wolf River municipality which adopts a uniform registration system for fishing rafts shall transmit a complete list of all registered fishing rafts and their owners to the department on or before April 1 of each year.
30.126(6)(c)
(c)
Failure of municipality to adopt, administer or enforce the uniform registration system. If a Wolf River municipality fails to adopt by ordinance a uniform registration system for fishing rafts within 120 days after the effective date of rules promulgated by the department under
par. (a), or fails to adequately administer or enforce the uniform registration system for fishing rafts, the department, after providing notice and conducting a hearing on the matter, may adopt or administer and enforce the uniform registration system for fishing rafts in that municipality. If the department adopts, administers or enforces the uniform registration system for fishing rafts in a Wolf River municipality, the department may retain all registration fees for fishing rafts registered in that municipality.
30.126(6)(d)
(d)
Conflicts. Any conflict in jurisdiction arising from the enactment of ordinances for the registration of fishing rafts on authorized portions of the Wolf River by 2 or more Wolf River municipalities shall be resolved under
s. 66.0105.
