30.2026(3)(a)(a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12. The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.
30.2026(3)(b)(b) The village of Belleville shall ensure that any construction draw down of Lake Belle View related to the creation of any artificial barrier authorized under sub. (1) occurs only once.
30.2026(4)(4)Costs. Any costs incurred by the state to construct, maintain, improve, or remove any artificial barrier created as authorized under sub. (1) shall be paid by the village of Belleville or its successors or assigns.
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 HistoryHistory: 2001 a. 16; 2003 a. 118.
30.20330.203Lake 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)(3)Preliminary requirements.
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)1.1. Comply with the requirements under s. 1.11.
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)(b)(b) It may not materially obstruct navigation.
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)(d)(d) It may not cause environmental pollution, as defined in s. 299.01 (4).
30.203(4)(e)(e) It may not be detrimental to the public interest.