See also ch. NR 325
, Wis. adm. code.
A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway is subject to regulation. Klingeisen v. Department of Natural Resources, 163 Wis. 2d 921
, 472 N.W.2d 603
(Ct. App. 1991).
An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse, 180 Wis. 2d 120
, 508 N.W.2d 416
The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances. Pace v. Oneida County, 212 Wis. 2d 448
, 569 N.W.2d 311
(Ct. App. 1997), 96-3514
All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.
History: 1977 c. 189
Bridges and culverts. 30.123(2)(2)
Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters.
Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
does not apply to any of the following:
The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022
The construction or placement and the maintenance of a replacement culvert that is placed in substantially the same location as the culvert being replaced if the replacement culvert is constructed or placed using best management practices to comply with water quality standards under subch. II of ch. 281
The construction or maintenance of bridges and the construction or placement and maintenance of culverts that are related to the construction, access, or operation of a new manufacturing facility and that affect a portion of a navigable stream within an electronics and information technology manufacturing zone designated under s. 238.396 (1m)
(6m) Permits in lieu of exemptions.
The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d)
apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
Significant adverse impacts to the public rights and interests.
Material injury to the riparian rights of any riparian owner.
If the department requires a person who replaces a culvert to apply for an individual permit or seek authorization under a general permit under sub. (6m)
, notwithstanding the exemptions under sub. (6) (d)
, and if the department includes conditions in the individual permit or under the general permit that are different than the conditions in the permit issued for the culvert being replaced, the department may not impose a fee for the individual permit or for authorization under the general permit and shall reimburse that person, from the appropriation under s. 20.370 (8) (ma)
, for his or her reasonable costs incurred in complying with the different conditions in the permit.
A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (6) (d)
. The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
The department shall do all of the following within 15 days after receipt of a statement under par. (a)
Enter and inspect the site on which the activity is located, subject to s. 30.291
, if the department determines such an inspection is necessary.
Make a determination as to whether the activity is exempt.
Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.
If the department does not take action under par. (b)
, the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.
If a statement under par. (a)
is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b)
does not apply.
The department may promulgate rules concerning the exempt activities under sub. (6)
that only do any of the following:
Establish reasonable installation practices for culverts to minimize environmental impacts.
Establish reasonable construction and design requirements for culverts that are consistent with the purpose of the activity.
Establish reasonable limitations on the location of culverts at the site affected by the activity.
Notwithstanding par. (a)
, the rules under par. (a) 1.
may not establish practices or requirements that prohibit the construction of culverts or that render the placement of culverts economically cost-prohibitive.
(7) General permits.
The department shall issue statewide general permits under s. 30.206
that authorize any person to do all of the following:
Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.
Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (d)
and that is in a navigable water that is less than 35 feet wide.
Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.
Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6)
and that is not subject to a general permit under sub. (7)
, a person may apply to the department for the individual permit that is required under sub. (2)
in order to construct or maintain a bridge or culvert.
The department shall issue an individual permit pursuant to an application under par. (a)
if the department finds that all of the following requirements are met:
The bridge or culvert will not materially obstruct navigation.
The bridge or culvert will not materially reduce the effective flood flow capacity of a stream.
The bridge or culvert will not be detrimental to the public interest.
A city, village, town, or county that replaces a culvert and that is exempt from the permitting requirements under sub. (6)
shall make and retain a record of the replacement of the culvert. The record shall include all of the following information:
The date on which the replacement culvert was constructed or placed.
Waterfowl habitat management. 30.124(1)(1)
Notwithstanding ss. 30.12
, and 30.45
, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4)
, the department may do all of the following on public lands or waters:
Cut aquatic plants, as defined in s. 30.07 (1) (b)
, without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
Develop nesting islands for the purpose of increasing waterfowl production.
See also ch. NR 353
, Wis. adm. code.
Shoreline maintenance in outlying waters. 30.125(1)(b)
“Shoreline area" means the area that is located between the ordinary high-water mark and water's edge.
If the conditions under sub. (3)
are met, the permitting requirements under ss. 23.24 (3)
and the contract and permitting requirements under s. 30.20
do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:
The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.
The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.
All of the following conditions apply to the activities described under sub. (2)
No material may be brought in from offsite sources to conduct the activity.
No material removed from the riparian zone adjacent to the shoreline area may be used to conduct the activity.
No removal of material may be conducted in an area known to contain any species listed as endangered or threatened under s. 29.604 (3)
or any floating bogs or wild rice.
The removal of material may not interfere with the rights of other riparian owners.
The removal of invasive species shall be conducted in a manner that prevents the spread of invasive species into the waters of this state and onto adjacent land.
The activity may not involve the filling of a coastal wetland or the alteration of a coastal dune.
History: 2017 a. 281
Report on control of aquatic nuisance species. 30.1255(1)(1)
In this section, “aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.
The department shall submit to the legislature biennial reports describing all of the following:
The current and potential economic and environmental impact of aquatic nuisance species on the waters of the state.
Potential strategies to control aquatic nuisance species.
Any geographical areas, public facilities or activities conducted in this state that need technical or financial assistance to reduce the environmental, public health or safety risk that may be caused by aquatic nuisance species.
The department shall submit the report required under par. (a)
before October 1 of each even-numbered year as part of the corresponding biennial report under s. 23.22 (6)
Regulation of fishing rafts. 30.126(2)(2)
Prohibition of fishing rafts.
Except as provided under subs. (3)
, no person may construct or place a fishing raft on any navigable water.
(3) Exception for fishing rafts on the Mississippi River.
A person may maintain any fishing raft located below and in close proximity to a lock or dam on the Mississippi River if the fishing raft is constructed or in place prior to December 4, 1983. A person may construct, place and maintain a fishing raft below and in proximity to a lock or dam on the Mississippi River if a permit is obtained for the fishing raft under s. 30.12
(4) Exception for fishing rafts on the Wolf River.
A person may construct, place and maintain a fishing raft on authorized portions of the Wolf River if the person complies with the restrictions under sub. (5)
. Authorized portions of the Wolf River consist of any part of the Wolf River or its stream tributaries from the Shawano dam downstream to Lake Poygan.
(5) Restrictions on fishing rafts on the Wolf River. 30.126(5)(a)(a) May not obstruct navigation or interfere with public rights.
No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in a manner which materially obstructs navigation or which materially interferes with public rights in the navigable waters.
May not be located in channel.
No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River in the channel of the waterway.
May not block more than 25 percent of the waterway.
No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the raft alone or in combination with any other fishing rafts previously constructed and placed on the waterway results in the obstruction of more than 25 percent of the width of the waterway.
May not be located within 10 feet of another fishing raft.
No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River within 10 feet of any other fishing raft previously constructed and placed on the waterway.