October 31, 2023 - Introduced by Representatives Wittke, Green, Binsfeld,
Katsma, O'Connor, Murphy, Goeben and Melotik, cosponsored by Senators
Stroebel, Quinn, Nass and Felzkowski. Referred to Committee on
Environment.
AB579,1,3 1An Act to renumber 30.122; to amend 30.122 (title); and to create 30.01 (1h),
230.122 (2), 30.122 (3), 30.2034, 30.2039 and 885.335 of the statutes; relating
3to:
use of fill in commercial waterways and Great Lakes waters.
Analysis by the Legislative Reference Bureau
This bill provides several methods for establishing the lawful public or private
use of fill placed on the bed of the Great Lakes and certain rivers and harbors.
Historic fill in commercial waterways
The bill applies, in part, to fill placed prior to 1977 that created land above the
ordinary high water mark of a commercial waterway, which is a specified list of
rivers. If the fill is unauthorized fill for which the Department of Natural Resources
has not initiated an enforcement action or is within an authorized bulkhead line and
not specifically restricted by a submerged land lease, the owner of the fill may use
the fill for any purpose.
Development of Great Lakes waterfront property
The bill provides that a city or village (municipality) may create a waterfront
development plan with respect to parcels that may have been part of the submerged
bed of a Great Lakes water at the time of statehood. The municipality must submit
required information to DNR, including a map of the parcels and a plan for
development of the parcels that details any public and private uses. Following a
public notice and comment period, DNR must approve the plan unless DNR
determines that 1) the plan does not contain the required elements, 2) proposed
private uses are inconsistent with existing lake bed grants or submerged land leases,

3) proposed public use areas are insufficient, or 4) the plan does not contain sufficient
provisions to ensure proposed public uses will be implemented.
Amendments to existing approvals
The bill provides that a municipality may apply to DNR to amend the uses
allowed within an area of a Great Lakes water that was filled pursuant to a fill
authorization granted by the legislature or a submerged land lease. DNR must
review the proposed uses based on several criteria that generally consider whether
the proposed uses are consistent with the public interest. Following a public notice
and comment period, DNR must approve the plan unless DNR determines that the
specified criteria were not met.
Claims relating to possession or title
The bill prohibits any claim or counterclaim in an action relating to the
possession or title of any real estate if the claim or counterclaim is based on an
assertion that the property includes portions of land that may have at one time been
submerged beneath a Great Lakes water if 1) the property is upland and the use of
the land has not materially changed, 2) the property is held in fee title ownership as
determined under a Great Lakes waterfront development plan, 3) the property is
held in fee title ownership based on being separated from a Great Lakes water, or 4)
use of the property has been approved by DNR as an amended use.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB579,1 1Section 1 . 30.01 (1h) of the statutes is created to read:
AB579,2,32 30.01 (1h) “Commercial waterway” includes the portions of all of the following
3rivers that are within the Great Lakes basin and within incorporated areas:
AB579,2,44 (a) Ahnapee River.
AB579,2,55 (b) East River in Brown County.
AB579,2,76 (c) Fox River, but excluding Lake Winnebago, Lake Butte des Morts, Lake
7Winneconne, and Lake Poygan.
AB579,2,88 (d) Kewaunee River.
AB579,2,99 (e) Kinnickinnic River.
AB579,2,1010 (f) Manitowoc River.
AB579,2,1111 (g) Menominee River.
AB579,3,1
1(h) Menomonee River.
AB579,3,22 (i) Milwaukee River.
AB579,3,33 (j) Root River.
AB579,3,44 (k) Sheboygan River.
AB579,3,55 (L) St. Louis River.
AB579,3,66 (m) West Twin River.
AB579,2 7Section 2 . 30.122 (title) of the statutes is amended to read:
AB579,3,8 830.122 (title) Unauthorized structures and fill.
AB579,3 9Section 3 . 30.122 of the statutes is renumbered 30.122 (1).
AB579,4 10Section 4 . 30.122 (2) of the statutes is created to read:
AB579,3,1511 30.122 (2) A fill or deposit placed in a commercial waterway before December
129, 1977, that created land at an elevation above the current ordinary high water
13mark and that has remained above the current ordinary high water mark since
14December 9, 1977, may be used by the owner of the fill or deposit for any public or
15private purpose without restrictions imposed if any of the following apply:
AB579,3,1816 (a) The fill or deposit is unauthorized and the department has not initiated an
17enforcement action relating to the fill or deposit prior to the effective date of this
18paragraph .... [LRB inserts date].
AB579,3,2119 (b) The fill or deposit is within an authorized bulkhead line established as
20provided under s. 30.11 and use of the filled area is not specifically restricted by the
21terms included in a submerged land lease under s. 24.39 (4).
AB579,5 22Section 5 . 30.122 (3) of the statutes is created to read:
AB579,3,2423 30.122 (3) Nothing in this section abridges the riparian rights of riparian
24owners.
AB579,6 25Section 6. 30.2034 of the statutes is created to read:
AB579,4,2
130.2034 Amendments to existing approvals. (1) Definitions. In this
2section:
AB579,4,53 (a) “Fill authorization” means the authorization of fill in an area of a Great
4Lakes water by the legislature in specific legislation or a lake bed grant or by a
5submerged land lease under s. 24.39.
AB579,4,76 (b) “Filled area” means an area in a Great Lakes water filled before August 8,
71989, pursuant to a fill authorization.
AB579,4,88 (c) “Grantee” means a municipality that has been granted a fill authorization.
AB579,4,109 (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
10Sturgeon Bay.
AB579,4,1111 (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
AB579,4,13 12(2) Applications by grantees. (a) A grantee may apply to the department to
13amend the uses allowed within filled areas of a fill authorization.
AB579,4,1414 (b) An application under par. (a) shall include all of the following information:
AB579,4,1615 1. A legal description of the fill authorization and the filled area proposed to
16be used.
AB579,4,1817 2. A description of the proposed amendment to the existing fill authorization,
18including a detailed description of the proposed uses consistent with sub. (3).
AB579,4,2019 3. A determination from the governing body of the municipality approving the
20proposed amendment and requesting authorization from the department.
AB579,4,23 21(3) Standards for approval. Notwithstanding s. 13.097, the department shall
22evaluate applications submitted under sub. (2) based solely on whether the uses
23proposed in the application meet the following criteria:
AB579,5,3
1(a) The filled area proposed to be used is used for parking lots, public or private
2buildings, roads, or railroads on the effective date of this paragraph .... [LRB inserts
3date].
AB579,5,54 (b) The filled area proposed to be used does not include any area currently used
5for public park purposes.
AB579,5,76 (c) The filled area proposed to be used remains under the ownership and control
7of the municipality, except as follows:
AB579,5,98 1. The municipality may grant easements, licenses, or leases to public or
9private entities.
AB579,5,1210 2. The municipality may convey a filled area to a private entity in possession
11of adjacent private land that can be exchanged for the filled area and used for public
12purposes.
AB579,5,1513 3. If the filled area is in use by private entities as of the effective date of this
14subdivision .... [LRB inserts date], whether under color of title or otherwise, any use
15may continue.
AB579,5,1716 (d) The application allows reasonably adequate public access to the Great
17Lakes water and its shoreline.
AB579,5,1918 (e) The application is consistent with any waterfront development plan
19approved under s. 30.2039 (2) (d).
AB579,5,2420 (f) The application promotes the public interest, which may include the
21enhancement of navigation or public rights in navigable waters, recreational uses,
22public facilities, and public transportation, the elimination of blight, the remediation
23of brownfields, and other private economic development consistent with enhancing
24public access and use of the waterfront area.
AB579,6,7
1(4) Department approval of applications. (a) No later than 30 days after
2receiving an application under sub. (2), the department shall provide public notice
3by publishing a class 2 notice under ch. 985 and by posting notice on the department's
4website. The notice shall provide an opportunity for members of the public to provide
5comments and request a public hearing. If a public hearing is requested, notice of
6the public hearing shall be provided by publishing a class 2 notice under ch. 985 and
7by posting notice on the department's website.
AB579,6,108 (b) No later than 60 days following public notice under par. (a) or 60 days
9following a public hearing requested under par. (a), whichever is later, the
10department shall make a determination under par. (c).
AB579,6,1311 (c) The department shall approve an application submitted under sub. (2) and
12determine the proposed amended uses are consistent with the public interest unless
13the department determines that the criteria under sub. (3) were not satisfied.
AB579,7 14Section 7. 30.2039 of the statutes is created to read:
AB579,6,15 1530.2039 Great Lakes waterfront property. (1) Definitions. In this section:
AB579,6,1716 (a) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
17Sturgeon Bay.
AB579,6,1818 (b) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
AB579,6,2019 (c) “Public use” means public access and use, including access to and use of
20parkland, trails and roads, and public recreational facilities.
AB579,6,2221 (d) “Record title holder” means a person with a claim of ownership of property
22based on a recorded conveyance of an ownership interest in the property.
AB579,7,223 (e) “Upland” means property that remained at an elevation above the current
24ordinary high water mark from December 9, 1977, to the effective date of this

1paragraph .... [LRB inserts date], other than for temporary maintenance activities
2or because of accretion or reliction.
AB579,7,5 3(2) Waterfront development plan. (a) Authority. A municipality may create
4a waterfront development plan with respect to parcels that include land that may
5have been part of the submerged bed of a Great Lakes water at the time of statehood.
AB579,7,76 (b) Elements of the plan. A municipality shall include all of the following
7information in a waterfront development plan under this subsection:
AB579,7,88 1. A map identifying parcels of land that are subject to the proposed plan area.
AB579,7,109 2. An approximate delineation of the shoreland at statehood based on existing
10government survey maps.
AB579,7,1411 3. A delineation of upland areas. In determining whether portions of the
12proposed plan area are upland, the municipality may use photographs, survey data,
13publicly available global positioning system mapping, geographic information
14system mapping, or other documentation.
AB579,7,1615 4. A delineation of any area that is subject to a lake bed grant or a submerged
16land lease or a shoreline established under s. 30.2038.
AB579,7,2017 5. An overall plan for the development of the proposed plan area, including a
18map showing areas that will be dedicated to the public for public use and areas that
19will allow for private uses. The boundary between the proposed public use areas and
20remaining areas shall be surveyed and delineated on the map under subd. 1.
AB579,7,2321 6. A description of areas and types of proposed public use and any restrictions
22to be proposed on public use for safety or security reasons. The plan shall describe
23how the public use areas will be accessible to the public.
AB579,7,2524 7. A plan for implementing and enforcing the development of the public use
25areas, including appropriate ordinances.
AB579,8,2
1(c) Plan review. 1. The municipality shall consult with any record title holders
2within the plan area proposed under par. (b) prior to approval by the municipality.
AB579,8,43 2. Upon adoption of the waterfront development plan by the municipality, the
4municipality shall provide the plan to the department for review and approval.
AB579,8,115 3. No later than 30 days after receiving a request for review under this
6paragraph, the department shall provide public notice by publishing a class 2 notice
7under ch. 985 and by posting notice on the department's website. The notice shall
8provide an opportunity for members of the public to provide comments and request
9a public hearing. If a public hearing is requested, notice of the public hearing shall
10be provided by publishing a class 2 notice under ch. 985 and by posting notice on the
11department's website.
AB579,8,1412 4. No later than 60 days following public notice under subd. 3. or 60 days
13following a public hearing requested under subd. 3., whichever is later, the
14department shall make a determination under par. (d).
AB579,8,1715 (d) Determinations by the department. The department shall approve, or
16approve with conditions, a plan submitted under par. (c) 2. unless the department
17determines any of the following:
AB579,8,1818 1. The plan does not meet the requirements of par. (b).
AB579,8,2019 2. The plan includes proposed private uses that are inconsistent with existing
20lake bed grants or submerged land leases.
AB579,9,221 3. The public use areas are insufficient. In determining the sufficiency of the
22public use areas, the department shall base its decision on the value of increased
23public access and use compared to the use existing at the time of the submission of
24the plan under par. (c) 2., the need for private development to fund and support public

1access and use, and the relative amount and quality of public and private use areas
2in light of the overall site characteristics.
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