30.2026(5)
(5) Immunity. The state and its officers, employees, and agents are immune from liability for acts or omissions that cause damage or injury and that relate to the construction, maintenance, or use of any artificial barrier created as authorized under sub.
(1).
30.2026 History
History: 2001 a. 16;
2003 a. 118.
30.203
30.203
Lake Winnebago comprehensive project. 30.203(1)(1)
Authorization. The department may implement a project to place structures or fill or both on the beds of lakes Winnebago, Butte des Morts, Winneconne and Poygan for any of the following purposes:
30.203(1)(a)
(a) To improve navigation or to provide navigation aids.
30.203(1)(b)
(b) To restore or protect wetland habitat or water quality.
30.203(1)(c)
(c) To create, restore or protect fish and wildlife habitat.
30.203(1)(d)
(d) To enhance the natural aesthetic value or improve the recreational use of these lakes.
30.203(2)
(2) Location of structures and fill. Any structure or fill placed as part of the project authorized under sub.
(1) shall be located in Winnebago County as follows:
30.203(2)(a)
(a) In Lake Winnebago within the area that consists of the S-1/2 of Sec. 14, T. 17 N., R. 17 E., and the N-1/2 of Sec. 23, T. 17 N., R. 17 E.
30.203(2)(b)
(b) In Lake Butte des Morts within an area that consists of the N-1/2 of Secs. 1 and 2, T. 18 N., R. 15 E., the S-1/2 of Secs. 25, 26 and 27, T. 19 N., R. 15 E., the E-1/2 of Sec. 34, T. 19 N., R. 15 E., and Secs. 35 and 36, T. 19 N., R. 15 E.
30.203(2)(c)
(c) In Lake Winneconne and Lake Poygan within an area that consists of the W-1/2 of Secs. 6 and 7, T. 19 N., R. 15 E.; the E-1/2 of Secs. 1 and 12 and the NE-1/4 of Sec. 2, T. 19 N., R. 14 E.; and the S-1/2 of Sec. 26, the SE-1/4 of Sec. 27, and the E-1/2 of Sec. 35, T. 20 N., R. 14 E.
30.203(2)(d)
(d) In Lake Poygan within an area that consists of the W-1/2 of Sec. 36, T. 20 N., R. 14 E.; the NW-1/4 of Sec. 1, T. 19 N., R. 14 E.; the E-1/2 of Sec. 33, all of Sec. 34, and the W-1/2 of Sec. 35, T. 20 N., R. 14 E.; and the N-1/2 of Sec. 4, T. 19 N., R. 14 E.
30.203(3)(a)
(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub.
(1), the department shall do all of the following:
30.203(3)(a)2.
2. Prepare plans and gather any other information necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.203(3)(a)3.
3. Hold a public informational meeting to discuss the plans prepared under subd.
2. 30.203(3)(a)4.
4. Approve the project if it finds that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub.
(4).
30.203(3)(b)
(b) The department shall determine the manner in which and to whom notice will be given of the public informational meeting held under par.
(a) 3. 30.203(4)
(4) Requirements for structures and fill. A structure or fill placed as part of the project authorized under sub.
(1) shall meet all of the following requirements:
30.203(4)(a)
(a) It may not reduce the effective flood flow capacity of the Wolf River or the Fox River above the point where the Fox River flows into Lake Butte des Morts.
30.203(4)(c)
(c) It may not cause material injury to the rights of a riparian owner who owns land that abuts a navigable waterway that is affected by the project.
30.203(4)(e)
(e) It may not be detrimental to the public interest.
30.203(5)
(5) Oversight and maintenance by the department. 30.203(5)(a)(a) The department shall monitor the project authorized under sub.
(1) to assure that the project is furthering a purpose specified in sub.
(1).
30.203(5)(b)
(b) The department shall maintain the structures and the fill that are part of the project authorized under sub.
(1) to assure that the structures and fill do not impair the safety of the public.
30.203(5)(c)
(c) The department shall maintain the structures and the fill that are part of the project authorized under sub.
(1) in a manner that does not impair the natural aesthetic value of the area, to the extent practicable.
30.203(5)(d)
(d) The department shall maintain the structures and the fill that are part of the project authorized under sub.
(1) so that they remain in compliance with the requirements listed under sub.
(4).
30.203(5)(e)
(e) If the department determines that any structure or any fill that is part of the project authorized under sub.
(1) does not comply with the requirements under sub.
(4), the department shall modify the structure or fill to bring it into compliance. If the department cannot modify the structure or fill to bring it into compliance, the department shall remove the structure or fill.
30.203(6)(a)
(a) Any structure or fill placed as part of the project authorized under sub.
(1) may be used only for any of the following:
30.203(6)(a)1.
1. As a site for the placement of navigation aids approved by the department.
30.203(6)(a)2.
2. Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.203(6)(b)
(b) The department may promulgate rules to reasonably limit use by the public under par.
(a) 3. 30.203(7)
(7) Ownership; jurisdiction. The structures or fill that are part of the project authorized under sub.
(1) are owned by the state and are under the jurisdiction of the department. The state may not transfer ownership of a structure or any fill that is part of the project authorized under sub.
(1).
30.203(8)
(8) Exemptions. Section
30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub.
(1).
30.2035
30.2035
Shoreline protection study. The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department's findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under s.
13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under s.
227.15 (1) no later than 7 months after the study is completed.
30.2035 History
History: 1993 a. 421.
30.2037
30.2037
Big Silver Lake high-water mark. The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards.
30.2037 History
History: 1997 a. 27.
30.2038
30.2038
Milwaukee shoreline established. 30.2038(1)(a)
(a) The shoreline of Lake Michigan in the city of Milwaukee is fixed and established to extend from approximately the line of East Lafayette Place extended easterly on the north to the present north harbor entrance wall of the Milwaukee River on the south as specified in an agreement between the Chicago and Northwestern Railway Company and the city of Milwaukee recorded with the office of the register of deeds of Milwaukee County on April 23, 1913, in volume 662, pages 326-330, as document number 762955.
30.2038(1)(b)
(b) The shoreline described under par.
(a) constitutes the boundary line between the lake bed of Lake Michigan and land that is not part of the lake bed of Lake Michigan.
30.2038(2)
(2) Any restrictions, conditions, reverters, or limitations imposed on the use of land or conveyance of land under
chapter 358, laws of 1909,
chapter 389, laws of 1915,
chapter 284, laws of 1923,
chapter 150, laws of 1929,
chapter 151, laws of 1929,
chapter 516, laws of 1929,
chapter 381, laws of 1931,
chapter 76, laws of 1973,
1985 Act 327, and any other act conveying a part of the lake bed of Lake Michigan do not apply to land located to the west of the shoreline described under sub.
(1) (a).
30.2038(3)
(3) The declarations under sub.
(1) are made in lieu of, and have the same effect as, a final judgment entered by a court under ch.
841.
30.2038 History
History: 2013 a. 20,
140.
30.204
30.204
Lake acidification experiment. 30.204(1)(1)
Authorization. Between May 15, 1984, and January 1, 2008, the department is authorized to conduct a lake acidification experiment on the lake specified under sub.
(2).
30.204(2)
(2) Lake selection. The department shall select Little Rock Lake in the town of Arbor Vitae, Vilas County, township 41 north, range 6 east, for the lake acidification experiment.
30.204(3)
(3) Experiment. In conducting the lake acidification experiment, the department shall deny access to and prohibit navigation on the lake by posted notice, may place a barrier or dyke across the lake, may place chemicals or other substances in the lake and may take other actions necessary for the experiment.
30.204(4)(a)
(a) Before artificially acidifying the lake, the department shall establish an escrow account containing sufficient funds to restore the lake and its aquatic life as provided under par.
(c).
30.204(4)(b)
(b) After the department has artificially acidified the lake, it may allow and monitor the natural restoration of the lake and its aquatic life as part of the experiment.
30.204(4)(c)
(c) At the conclusion of the experiment or in the event of an unanticipated occurrence that requires that the lake be restored before the conclusion of the experiment, the department shall do all of the following to the fullest extent possible given available technology:
30.204(4)(c)1.
1. Artificially restore the lake to its original acid level if the lake has not been naturally restored to the original acid level during the experiment.
30.204(4)(c)2.
2. Artificially reestablish the lake's aquatic life if the aquatic life has not been naturally reestablished during the experiment.
30.204(5)
(5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s.
29.601 (3),
30.01 to
30.03,
30.06 to
30.16,
30.18 to
30.29,
30.50 to
30.99,
59.692,
87.30,
287.81,
299.15 to
299.23,
299.91,
299.95 or
299.97 or chs.
281,
283 or
289 to
292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.
30.204(6)
(6) Compliance with environmental impact statute. The department shall comply with the requirements under s.
1.11 in conducting the experiment authorized by this section. The department shall initiate compliance by preparing and reviewing, under the procedures it has established under s.
1.11, an environmental assessment for this experiment.
30.204 Note
NOTE: 1983 Wis. Act 421, which created this section, has “legislative findings" in section 1.
30.205
30.205
Water resources development projects. The department may cooperate with and enter into agreements with the appropriate federal agencies for the purpose of constructing, maintaining and operating water resources development projects. Such agreements may contain any indemnification provisions required by federal law.
30.205 History
History: 1987 a. 27.
30.206
30.206
General permits. 30.206(1)(1)
Procedure for issuing general permits. 30.206(1)(ag)
(ag) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s.
299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:
30.206(1)(ag)1.
1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.
30.206(1)(ag)2.
2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners, except that if the activity is necessary in order to maintain or repair a utility facility that is owned or operated by a public utility, as defined in s.
196.01 (5), or a cooperative association organized under ch.
185 for the purpose of producing or furnishing heat, light, water, or power to its members only, the department may not impose a condition on the permit that requires the relocation of the facility.
30.206(1)(ag)3.
3. Restrictions to protect areas of special natural resource interest.
30.206(1)(am)
(am) In addition to the general permits required under par.
(a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter. In issuing general permits under this paragraph, the department shall establish requirements and conditions to ensure that the activities subject to the permit will cause only minimal adverse environmental impacts, will not materially interfere with navigation, and will not have an adverse impact on the riparian property rights of adjacent riparian owners.
30.206(1)(ar)
(ar) A permit issued under par.
(a) or
(am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.
30.206(1)(b)
(b) Except as provided in sub.
(1r), a general permit issued under par.
(a) or
(am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit for a period of 5 years from the date of the department's determination or until the activity is completed, whichever occurs first, regardless of whether the general permit expired before the activity is completed. The department may renew or modify, or revoke a general permit issued under par.
(a) or
(am) or s.
30.2065 upon compliance with the requirements under subs.
(2b) and
(2m).
30.206(1r)
(1r) Transitions between permits. Any general permit issued under this section that is valid on August 1, 2012, shall remain valid until the date upon which a general permit issued under sub.
(1) (a) or
(am) that authorizes the same activity becomes effective.
30.206(2b)(a)
(a) The department shall provide to interested members of the public notices of its intention to issue, renew, modify, or revoke a general permit under sub.
(1) (a) or
(am) or s.
30.2065. Procedures for providing public notices shall include all of the following:
30.206(2b)(a)2.
2. Providing a copy of the notice to any person or group upon request of the person or group.
30.206(2b)(a)3.
3. Publication of the notice through an electronic notification system established by the department.
30.206(2b)(a)4.
4. Publication of the notice on the department's Internet website.
