30.12(3m)(c)3.3. The structure or deposit will not materially reduce the flood flow capacity of a stream.

30.12(3m)(cm)(cm) In determining whether to issue an individual permit to the owner of a proposed pier or wharf, the department may not deny the permit 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.

30.12(3m)(cr)(cr) In determining whether to issue an individual permit to the owner of a proposed permanent boat shelter, the department may not deny the permit on the basis of any of the following:

30.12(3m)(cr)1.1. The distance at which the shelter will extend from the shore, except that the department may deny the permit on the basis that the boat shelter will extend beyond the line of navigation.

30.12(3m)(cr)2.2. The degree to which adjacent land is developed.

30.12(3m)(d)1.1. In this paragraph, “solid pier” means a pier that does not allow for the free flow of water beneath the pier.

30.12(3m)(d)2.2. The department may promulgate rules that limit the issuance of individual permits for solid piers to outlying waters, harbors connected to outlying waters, the Fox River from the dam at De Pere to Lake Winnebago, Lake Winnebago, and the Mississippi River. The rules may establish reasonable conditions to implement the criteria under par. (c) 1. to 3. The rules may not prohibit the issuance of individual permits for solid piers used for private or commercial purposes.

30.12(5)(5) Penalty. Any person violating this section or any term or condition of a permit issued pursuant thereto shall be fined not more than $1,000 or imprisoned not more than 6 months or both.

30.12 Cross-referenceCross-reference: See also chs. NR 300, 320, 323, 326, 328, 329, and 353, Wis. adm. code.

30.12 AnnotationIn a state proceeding to enforce a department of natural resources order requiring an owner of land abutting a navigable lake to remove a quantity of fill, the burden of proof is on the state to establish the nonexistence of a bulkhead line. State v. McFarren, 62 Wis. 2d 492, 215 N.W.2d 459 (1974).

30.12 AnnotationSub. (1) (a) does not apply to conduct that only indirectly and unintentionally results in deposits on lake beds. State v. Deetz, 66 Wis. 2d 1, 224 N.W.2d 407 (1974).

30.12 AnnotationWhen a department of natural resources decision prohibited a structure under this section 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).

30.12 Annotation“Navigable waters” under this section are waters that are navigable in fact. A ski jump was a “structure” under this section. The public trust doctrine is discussed. State v. Bleck, 114 Wis. 2d 454, 338 N.W.2d 492 (1983).

30.12 AnnotationSection 66.24 (5) (c) [now s. 200.11 (5) (c)] does not exempt sewerage districts from the requirements of s. 30.12. Cassidy v. Department of Natural Resources, 132 Wis. 2d 153, 390 N.W.2d 81 (Ct. App. 1986).

30.12 AnnotationAn area need not be navigable to be a lakebed. The ordinary high water mark is determinative. State v. Trudeau, 139 Wis. 2d 91, 408 N.W.2d 337 (1987).

30.12 AnnotationThe holder of an easement does not qualify as a riparian owner. De Nava v. Department of Natural Resources, 140 Wis. 2d 213, 409 N.W.2d 151 (Ct. App. 1987).

30.12 AnnotationIn 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 702 (Ct. App. 1996), 95-3526.

30.12 AnnotationReview of local ordinances may be made in making a determination under sub. (2), but is not required. Issuance of a permit conditioned on compliance with a local ordinance was reasonable. Borsellino v. Department of Natural Resources, 2000 WI App 27, 232 Wis. 2d 430, 606 N.W.2d 255, 99-1220.

30.12 AnnotationAlthough in granting pier permits under s. 30.12 the department of natural resources acts in furtherance of the public trust, a cause of action cannot be based only on a general allegation of a violation of the public trust doctrine. Borsellino v. Department of Natural Resources, 2000 WI App 27, 232 Wis. 2d 430, 606 N.W.2d 255, 99-1220.

30.12 NoteNOTE: The above annotated materials cite to the pre- 2003 Wisconsin Act 118 version of s. 30.12.

30.12 AnnotationA permit under this section is akin to a building permit. There is no ongoing requirement to satisfy the criteria in sub. (3m) (c) 1. to 3. Myers v. DNR, 2019 WI 5, 985 Wis. 2d 176, 922 N.W.2d 47, 16-1517.

30.12 AnnotationMunicipal regulations enacted under s. 30.13 (2) cannot be applied to a pier that qualifies for a permit exemption under sub. (1g) (f). Oneida County v. Sunflower Prop II, LLC, 2020 WI App 22, 392 Wis. 2d 293, 944 N.W.2d 52, 18-2366.

30.12 AnnotationNew Law Eases Requirements: Navigable Waterway Permits. Wheeler. Wis. Law. Aug. 2012.

30.121(1)(1) Definition. In this section, the terms “maintain” and “repair” include replacing structural elements, including roofs, doors, walls, windows, beams, porches, floors, and foundations.