30.126(8)(b)1.1. If a person fails to comply with an order issued under par.
(a) or if a Wolf River municipality is unable to issue an order under par.
(a) because the fishing raft is not registered and the municipality cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River, the municipality may remove the fishing raft and dispose of it.
30.126(8)(b)2.
2. The owner or person responsible for the fishing raft shall reimburse a Wolf River municipality for all costs associated with the removal and disposal of the fishing raft under this paragraph.
30.126(8)(c)1.1. The department may order a person who is violating sub.
(2) to remove the fishing raft from the navigable waters.
30.126(8)(c)2.
2. The department shall report any violation of sub.
(5) to the Wolf River municipality where the violation occurred.
30.126(8)(c)3.
3. If the Wolf River municipality does not act under par.
(b) 1. within 90 days after the department reports the violation, the department may order the person who is violating restrictions under sub.
(5) to comply with the restrictions or to remove the fishing raft from authorized portions of the Wolf River.
30.126(8)(d)1.1. If a person does not comply with an order issued under par.
(c) 1. or if the department is unable to issue an order under par.
(c) 1. because the department cannot determine who constructed, placed or maintained the fishing raft on the navigable waters, the department may remove the fishing raft and dispose of it.
30.126(8)(d)2.
2. If a person does not comply with an order issued under par.
(c) 3., the department may remove the fishing raft and dispose of it.
30.126(8)(d)3.
3. If the department is unable to issue an order under par.
(c) 3. because the fishing raft is not registered and the department cannot determine who constructed, placed or maintained the fishing raft on authorized portions of the Wolf River and if the Wolf River municipality does not act under par.
(b) 1. within 120 days after the department reports the violation, the department may remove the fishing raft and dispose of it.
30.126(8)(d)4.
4. The owner or person responsible for the fishing raft shall reimburse the department for all costs associated with the removal and disposal of the fishing raft under this paragraph.
30.126(9)(a)(a)
Department and district attorney's authority to enforce. The department or the district attorney for the county where the violation occurred may enforce this section, any rule promulgated under this section or any order issued by the department under this section. Before the department may enforce standards and rules promulgated under sub.
(5) (j) with respect to a specific fishing raft and before the department may issue an order based on these standards or rules with respect to a specific fishing raft, the department shall notify and consult with the Wolf River municipality where the fishing raft is located.
30.126(9)(b)
(b)
Municipality's authority to enforce. A Wolf River municipality may enforce any ordinance adopted or order issued by the municipality under this section.
30.126(10)(a)(a)
Violation of statute, rule or department order. A person who violates this section, any rule promulgated under this section or any order issued by the department under this section shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes a separate offense.
30.126(10)(b)
(b)
Violation of municipal ordinance or order. A person who violates any ordinance adopted or order issued by the municipality under this section is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par.
(a).
30.126 Cross-reference
Cross-reference: See also ch.
NR 324, Wis. adm. code.
30.13
30.13
Regulation of wharves, piers and swimming rafts; establishment of pierhead lines. 30.13(1)(1)
Construction allowed without permit under certain circumstances. A riparian proprietor may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s.
30.12 if the pier or wharf is exempt from obtaining a permit under s.
30.12 or if all of the following conditions are met:
30.13(1)(a)
(a) The wharf or pier does not interfere with public rights in navigable waters.
30.13(1)(b)
(b) The wharf or pier does not interfere with rights of other riparian proprietors.
30.13(1)(c)
(c) The wharf or pier does not extend beyond any pierhead line which is established under sub.
(3).
30.13(1)(d)
(d) The wharf or pier does not violate any ordinances enacted under sub.
(2).
30.13(1)(e)
(e) The wharf or pier is constructed to allow the free movement of water underneath and in a manner which will not cause the formation of land upon the bed of the waterway.
30.13(1m)
(1m)
Swimming rafts allowed without permit under certain circumstances. A riparian owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s.
30.12 if all of the following conditions are met:
30.13(1m)(a)
(a) The swimming raft does not interfere with public rights in navigable waters.
30.13(1m)(b)
(b) The swimming raft does not interfere with rights of other riparian owners.
30.13(1m)(c)
(c) The swimming raft is placed within 200 feet of shore.
30.13(2)
(2)
Wharves, piers and swimming rafts regulated. A municipality may enact ordinances not inconsistent with this section regulating the construction and location of wharves, piers and swimming rafts located within or attached to land within that municipality.
30.13(3)
(3)
Establishment of pierhead lines. 30.13(3)(a)
(a) Any municipality authorized by s.
30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a professional land surveyor licensed under ch.
443 and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.
30.13(3)(b)
(b) Any pierhead line established by a municipality shall be established in the interest of the preservation and protection of its harbor or of public rights in navigable waters.
30.13(4)(a)(a)
Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s.
30.12 or unless other authorization for the wharf or pier is expressly provided.
30.13(4)(b)
(b)
Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian owners constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s.
30.12 or unless other authorization for the wharf or pier is expressly provided.
30.13(4)(c)
(c)
Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under sub.
(3) constitutes an unlawful obstruction of navigable waters unless a valid permit, license or authorization for the wharf or pier is granted or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of par.
(a) or
(b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.
30.13(4)(d)
(d)
Violates regulations. A wharf or pier which violates the regulations contained in sub.
(2) or in any ordinance enacted under sub.
(2) constitutes an unlawful obstruction of navigable waters.
30.13(5m)
(5m)
Removal of wharves and piers in navigable waters. 30.13(5m)(a)1.1. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier which constitutes an unlawful obstruction of navigable waters under sub.
(4) to remove that portion of the wharf or pier which constitutes an unlawful obstruction.
30.13(5m)(a)2.
2. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier in navigable waters which in its judgment is so old, dilapidated or in need of repair that it is dangerous, unsafe or unfit for use to repair or remove the wharf or pier. If the governing body of a city, village or town or a designated officer determines that the cost of repair is likely to exceed 50 percent of the equalized assessed value of the wharf or pier or, if the wharf or pier is not subject to assessment, if the cost of repair is likely to exceed 50 percent of the current fair market value, then repair is presumed unreasonable and the wharf or pier is presumed to be a public nuisance.
30.13(5m)(a)3.
3. An order under this paragraph shall be served upon the owner or person responsible in the manner provided for the service of a summons in circuit court. If the owner or person responsible cannot be found, the order may be served by posting it on the wharf or pier and by publishing it as a class 3 notice under ch.
985. The order shall specify the action to be taken and the time within which it shall be complied with. At least 50 days must be allowed for compliance.
30.13(5m)(b)1.1. If the owner or person responsible fails to comply with an order issued under par.
(a), the governing body of a city, village or town or a designated officer may cause the wharf or pier to be removed through any available public agency or by a contract or arrangement by a private person. The cost of the removal may be charged against the real estate on which or adjacent to which the wharf or pier is located, constitutes a lien against that real estate and may be assessed and collected as a special tax. The governing body of the city, village or town or the designated officer may sell any salvage or valuable material resulting from the removal at the highest price obtainable. The governing body of the city, village or town or the designated officer shall remit the net proceeds of any sale, after deducting the expense of the removal, to the circuit court for use of the person entitled to the proceeds subject to the order of the court. The governing body of the city, village or town or the designated officer shall submit a report on any sale to the circuit court which shall include items of expense and the amount deducted. If there are no net proceeds, the report shall state that fact.
30.13(5m)(b)2.
2. If the owner or person responsible fails to comply with an order issued under par.
(a), the governing body of a city, village or town or a designated officer may commence an action in circuit court for a court order requiring the person to comply with the order issued under par.
(a). The court shall give the hearing on this action precedence over other matters on the court's calendar and may assess costs.
30.13(5m)(c)
(c) A person affected by an order issued under par.
(a) may apply to circuit court within 30 days after service of the order for a restraining order prohibiting the governing body of the city, village or town or the designated officer from removing the wharf or pier. The court shall conduct a hearing on the action within 20 days after application. The court shall give this hearing precedence over other matters on the court's calendar. The court shall determine whether the order issued under par.
(a) is reasonable. If the court finds that the order issued under par.
(a) is unreasonable, it shall issue a restraining order or modify it as the circumstances require and the governing body of the city, village or town or the designated officer may not issue another order under par.
(a) with respect to the wharf or pier unless its condition is substantially changed. The court may assess costs. The remedy provided under this paragraph is exclusive and no person affected by an order issued under par.
(a) may recover damages for the removal of a wharf or pier under this section.
30.13(6)
(6)
Dock line not invalidated. A dock line lawfully established before January 1, 1960, is a lawfully established pierhead line.
30.13 Cross-reference
Cross-reference: See also ch.
NR 326, Wis. adm. code.
30.13 Annotation
When a department of natural resources decision prohibited a structure under s. 30.13 and the riparian owner did not seek review under s. 227.20 [now s. 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. Department of Natural Resources,
77 Wis. 2d 558,
253 N.W.2d 887 (1977).
30.13 Annotation
In considering whether a proposed structure is detrimental to the public interest, the department of natural resources 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. Department of Natural Resources,
205 Wis. 2d 710,
556 N.W.2d 791 (Ct. App. 1996),
95-3526.
30.13 Annotation
The permitting criteria under department of natural resources 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. Department of Natural Resources,
223 Wis. 2d 138,
588 N.W.2d 667 (Ct. App. 1998),
97-3418.
30.13 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,
293 Wis. 2d 1,
717 N.W.2d 166,
03-3353.
30.13 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 department of natural resources 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,
293 Wis. 2d 1,
717 N.W.2d 166,
03-3353.
30.13 Annotation
Municipal regulations enacted pursuant to sub. (2) cannot be applied to a pier that qualifies for a permit exemption under s. 30.12 (1g) (f). Oneida County v. Sunflower Prop II, LLC,
2020 WI App 22,
392 Wis. 2d 293,
944 N.W.2d 52,
18-2366.
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.
30.132
30.132
Riparian rights. 30.132(1)(a)
(a)
“
Commission” means the public service commission.
30.132(1)(b)
(b)
“
Hydroelectric operator” means an operator of a project.
30.132(1)(c)
(c)
“
Project” means a hydroelectric project regulated by the federal energy regulatory commission or the department.
30.132(1)(d)
(d)
“
Project riparian” means an owner of land that abuts a navigable waterway, the abutting bed of which is owned by a hydroelectric operator.
30.132(2)
(2)
Presumption of riparian rights. An owner of land that abuts a navigable waterway is presumed to be a riparian owner and is entitled to exercise all rights afforded to a riparian owner, including the right to place a pier, other structures, or deposits, even if the bed of the waterway is owned in whole or in part by another, unless those rights are specifically prohibited by the deed to the land, written agreement, or other recorded instrument. The exercise of these riparian rights is subject to the requirements of this chapter and, if the waterway is within the boundaries of a project, the reasonable restrictions imposed by the hydroelectric operator necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license.
30.132(3)(a)(a)
Application to exercise riparian rights. A project riparian may make written application to the applicable hydroelectric operator for permission to exercise a riparian right in a waterway within the boundaries of a project, including the right to place a pier or other structures or deposits and the right to modify an existing structure authorized under par.
(b), subject to the requirements of this chapter. The hydroelectric operator shall approve or deny an application under this paragraph no later than 60 days after receiving the application. The hydroelectric operator may deny an application under this paragraph only if necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license but may approve the application subject to reasonable restrictions necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license. The hydroelectric operator may charge an applicant a reasonable fee to cover the hydroelectric operator's administrative costs related to a structure or deposit that is approved under this paragraph.
30.132(3)(b)
(b)
Existing structures. Notwithstanding par.
(a), a project riparian may maintain a structure that was placed in a waterway within the boundaries of a project prior to June 20, 2021, subject to the requirements of this chapter and the reasonable restrictions imposed by the hydroelectric operator necessary for the hydroelectric operator to comply with requirements imposed under state or federal law or a federal energy regulatory commission license. A hydroelectric operator may not charge a fee related to a structure authorized under this paragraph unless a fee is provided for in an agreement between the hydroelectric operator and the project riparian that existed prior to June 20, 2021.
30.132(3)(c)
(c)
Appeal to the commission. A project riparian whose application is denied or approved with restrictions or who is charged an unreasonable fee under this subsection may appeal in writing to the commission. The commission may investigate the appeal and issue an order based on its investigation. The commission may not issue an order under this paragraph without a public hearing conducted in accordance with s.
196.26 (2).
30.132(3)(d)
(d)
Immunity from liability. A hydroelectric operator is not liable to any person for any injury or damage arising from a project riparian's use of the hydroelectric operator's property as provided in this section.
30.132(4)
(4)
Effect on enforceable interests. Nothing in this section invalidates any interest, whether designated as an easement, covenant, equitable servitude, restriction, or otherwise, which is otherwise enforceable under the laws of this state.
30.132 History
History: 2021 a. 47.
30.133
30.133
Prohibition against conveyance of riparian rights. 30.133(1)(1)
Beginning on April 9, 1994, and except as provided in s.
30.1335, no owner of riparian land that abuts a navigable water may grant by an 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, including a boat docking facility, as defined in s.
30.1335 (1) (a), 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. This section does not apply to riparian land that is associated with an approval required for bulk sampling or mining that is required under subch.
III of ch. 295.
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. Department of Natural Resources,
2002 WI 106,
255 Wis. 2d 486,
648 N.W.2d 854,
99-2306.
