30.02730.027 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 HistoryHistory: 1989 a. 31. 30.0330.03 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 s. 281.36 or 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 comply with s. 281.36 or 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 AnnotationUnder sub. (4), the department of natural resources has jurisdiction to pursue any “possible violation” of the public trust doctrine as embodied in ch. 30. ABKA Limited Partnership v. Department of Natural Resources, 2002 WI 106, 255 Wis. 2d 486, 648 N.W.2d 854, 99-2306. 30.03 AnnotationThe department of natural resources 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 the department’s statutory enforcement authority, nor could it do so. Baer v. Department of Natural Resources, 2006 WI App 225, 297 Wis. 2d 232, 724 N.W.2d 638, 05-0668. 30.03 AnnotationSummary judgment is not permitted in forfeiture actions for violations of ch. 30. The relevant procedural statutes cannot be reconciled with the summary judgment procedure. Although the parties agreed to the filing of a written answer in lieu of an appearance, such an agreement cannot provide the basis to impose upon the statutory scheme a summary judgment procedure that does not otherwise exist. State v. Ryan, 2012 WI 16, 338 Wis. 2d 695, 809 N.W.2d 37, 09-3075. 30.03 AnnotationThe department of natural resources 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. 30.0530.05 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. 30.05330.053 Applicability of chapter to artificial water bodies and certain impoundments. 30.053(1)(1) Except in subch. V and except as specifically provided otherwise in this chapter, nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b) (a), that is not hydrologically connected to a natural navigable waterway and that does not discharge into a natural navigable waterway except as a result of storm events. 30.053(2)(2) Except in subch. V and s. 30.10 (2) (b), nothing in this chapter applies to an impoundment described under s. 30.10 (2) (b) if the impoundment is not hydrologically connected to a stream classified by the department on March 30, 2018, as a class I, class II, or class III trout stream and the impoundment does not discharge directly into a natural navigable waterway. 30.05630.056 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 HistoryHistory: 1995 a. 455. 30.0630.06 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 HistoryHistory: 1981 c. 390 s. 252; 1985 a. 332 s. 251 (1). 30.0730.07 Transportation of aquatic plants and animals; placement of objects in navigable waters. 30.07(1)(a)(a) “Aquatic animal” means any animal that lives or grows only in water during any life state and includes that animal’s eggs, larvae, or young. 30.07(1)(b)(b) “Aquatic plant” means a submergent, emergent, floating-leaf, or free-floating plant or any part thereof. “Aquatic plant” does not mean wild rice. 30.07(1)(c)(c) “Highway” has the meaning given in s. 340.01 (22), except that it does not include public boat access sites or parking areas for public boat access sites.