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LRBs0277/1
ZDW:skw
2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 541
February 7, 2024 - Offered by Senator Stroebel.
SB541-SSA2,1,2 1An Act to create 30.2034, 30.2039 and 885.335 of the statutes; relating to: use
2of fill in certain waterways.
Analysis by the Legislative Reference Bureau
Development of Great Lakes and river waterfront property
This bill provides that a city or village (municipality) may create a waterfront
development plan with respect to parcels that may have been part of a riverbed or
the submerged bed of a Great Lakes water at the time of statehood. The municipality
must submit required information to the Department of Natural Resources,
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 determine whether the plan is approved. DNR may not approve a plan unless
it makes several determinations, including that 1) the plan contains the required
elements, 2) proposed private uses are not inconsistent with existing lake bed grants
or submerged land leases, 3) the amount and location of proposed public use areas
are appropriate to protect public interests, or 4) the plan contains sufficient
provisions to ensure that the public uses proposed in the plan will be implemented
and perpetually maintained.
Amendments to existing approvals
The bill provides that a municipality may apply to DNR to change 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:
SB541-SSA2,1 1Section 1. 30.2034 of the statutes is created to read:
SB541-SSA2,2,2 230.2034 Change to existing approvals. (1) Definitions. In this section:
SB541-SSA2,2,53 (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.
SB541-SSA2,2,76 (b) “Filled area” means an area in a Great Lakes water filled before August 8,
71989, pursuant to a fill authorization.
SB541-SSA2,2,88 (c) “Grantee” means a municipality that has been granted a fill authorization.
SB541-SSA2,2,109 (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
10Sturgeon Bay.
SB541-SSA2,2,1111 (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
SB541-SSA2,2,13 12(2) Applications by grantees. (a) A grantee may apply to the department to
13change the uses allowed within filled areas of a fill authorization.
SB541-SSA2,2,1414 (b) An application under par. (a) shall include all of the following information:
SB541-SSA2,3,2
11. A legal description of the fill authorization and the filled area proposed to
2be used.
SB541-SSA2,3,43 2. A description of the proposed change to the existing fill authorization,
4including a detailed description of the proposed uses consistent with sub. (3).
SB541-SSA2,3,65 3. A determination from the governing body of the municipality approving the
6proposed change and requesting authorization from the department.
SB541-SSA2,3,9 7(3) Standards for approval. The department shall evaluate applications
8submitted under sub. (2) based on whether the uses proposed in the application meet
9the following criteria:
SB541-SSA2,3,1210 (a) The filled area proposed to be used is used for parking lots, public or private
11buildings, roads, or railroads on the effective date of this paragraph .... [LRB inserts
12date].
SB541-SSA2,3,1413 (b) The filled area proposed to be used does not include any area currently used
14for public park purposes.
SB541-SSA2,3,1815 (c) The filled area proposed to be used remains under the ownership and control
16of the municipality. In this paragraph, “ownership and control” includes leases or
17licenses to private or public entities for the provision of concessions, as defined under
18s. 30.2039 (1) (a), subject to compliance with the other criteria under this subsection.
SB541-SSA2,3,2019 (d) The application is consistent with any waterfront development plan
20approved under s. 30.2039 (2) (d).
SB541-SSA2,3,2421 (e) The application promotes appropriate public uses consistent with the public
22interest, and may include concessions, as defined in s. 30.2039 (1) (a), open to the
23public under long-term lease with the municipality, if the concessions provide a
24significant public benefit to the public interest in navigable waters.
SB541-SSA2,4,2
1(f) The application includes appropriate mechanisms for department
2enforcement.
SB541-SSA2,4,53 (g) The application promotes other public objectives, which may include the
4elimination of blight, the remediation of brownfields, and other private economic
5development benefits.
SB541-SSA2,4,106 (h) The application requires that the proceeds from any lease or license to
7private or public entities to create or operate a concession, as defined in s. 30.2039
8(1) (a), be used by the municipality to promote the public interest in navigable waters
9pursuant to a plan approved by the department. This paragraph does not apply to
10revenue from real property taxes received by the municipality.
SB541-SSA2,4,14 11(4) Department approval of applications. (a) No later than 90 days after
12receiving an application under sub. (2), the department shall hold a public hearing
13and provide public notice by publishing a class 2 notice under ch. 985 and by posting
14notice on the department's website.
SB541-SSA2,4,2015 (b) No later than 90 days following the public hearing under par. (a), the
16department shall make a determination on whether to approve the application under
17sub. (2). The department and the applicant may agree to extend this timeline. The
18failure of the department to act within 90 days or within any timeline agreed to by
19the department and the applicant may not be deemed to be an approval by the
20department.
SB541-SSA2,4,2121 (c) Determinations made under par. (b) are subject to review under ch. 227.
SB541-SSA2,2 22Section 2. 30.2039 of the statutes is created to read:
SB541-SSA2,4,24 2330.2039 Great Lakes and river waterfront property. (1) Definitions. In
24this section:
SB541-SSA2,5,4
1(a) “Concession” means a private allowable use that is a structure or facility
2that provides lodging, restaurant and food and beverage services, or retail services
3supporting the public interest in navigable waters and that support public access
4and use of navigable waters.
SB541-SSA2,5,65 (b) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
6Sturgeon Bay.
SB541-SSA2,5,77 (c) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
SB541-SSA2,5,98 (d) “Public use” means public access and use, including the provision of, access
9to, and use of parkland, trails and roads, and public recreational facilities.
SB541-SSA2,5,1110 (e) “Record title holder” means a person with a claim of ownership of property
11based on a recorded conveyance of an ownership interest in the property.
SB541-SSA2,5,1512 (f) “Upland” means property that remained at an elevation above the current
13ordinary high water mark from December 9, 1977, to the effective date of this
14paragraph .... [LRB inserts date], other than for temporary maintenance activities
15or because of accretion or reliction.
SB541-SSA2,5,19 16(2) Waterfront development plan. (a) Authority. A municipality may create
17a waterfront development plan with respect to parcels that include land that may
18have been part of a riverbed or that may have been part of the submerged bed of a
19Great Lakes water at the time of statehood.
SB541-SSA2,5,2120 (b) Elements of the plan. A municipality shall include all of the following
21information in a waterfront development plan under this subsection:
SB541-SSA2,5,2222 1. A map identifying parcels of land that are subject to the proposed plan area.
SB541-SSA2,5,2423 2. An approximate delineation of the shoreland at statehood based on existing
24government survey maps.
SB541-SSA2,6,4
13. A delineation of upland areas. In determining whether portions of the
2proposed plan area are upland, the municipality may use photographs, survey data,
3publicly available global positioning system mapping, geographic information
4system mapping, or other documentation.
SB541-SSA2,6,75 4. A delineation of any area that is subject to a lake bed grant or a submerged
6land lease, a bulkhead line established under s. 30.11, or a shoreline established
7under s. 30.2038.
SB541-SSA2,6,118 5. An overall plan for the development of the proposed plan area, including a
9map showing areas that will be dedicated to the public for public use and areas that
10will allow for private uses. The boundary between the proposed public use areas and
11remaining areas shall be surveyed and delineated on the map under subd. 1.
SB541-SSA2,6,1512 6. A description of areas and types of proposed public use consistent with the
13standards established under par. (d) and any restrictions on public use to be proposed
14for safety or security reasons. The plan shall describe how the public use areas will
15be accessible to the public.
SB541-SSA2,6,2016 7. A plan for implementing and enforcing the development and perpetual
17maintenance of the public use areas, including appropriate ordinances. The plan
18shall require that the record title owner grant an easement to the department
19ensuring that future use of public use areas will be consistent with the plan and shall
20include appropriate mechanisms for department enforcement.
SB541-SSA2,6,2221 (c) Plan review. 1. The municipality shall consult with any record title holders
22within the plan area proposed under par. (b) prior to approval by the municipality.
SB541-SSA2,6,2423 2. Upon adoption of the waterfront development plan by the municipality, the
24municipality shall provide the plan to the department for review and approval.
SB541-SSA2,7,4
13. No later than 90 days after receiving a request for review under this
2paragraph, the department shall hold a public hearing and shall provide public
3notice by publishing a class 2 notice under ch. 985 and by posting notice on the
4department's website.
SB541-SSA2,7,95 4. No later than 90 days following the public hearing under subd. 3., the
6department shall make a determination under par. (d). The department and the
7applicant may agree to extend this timeline. The failure of the department to act
8within 90 days or within any timeline agreed to by the department and the applicant
9may not be deemed to be an approval by the department.
SB541-SSA2,7,1310 (d) Determinations by the department. The department may impose additional
11restrictions and conditions on a plan submitted under par. (c) 2. but may not approve
12a plan, with or without additional restrictions and conditions, unless the department
13determines all of the following:
SB541-SSA2,7,1414 1. The plan meets the requirements of par. (b).
SB541-SSA2,7,1615 2. The uses proposed in the plan are not inconsistent with existing lake bed
16grants or submerged land leases.
SB541-SSA2,7,1817 3. The private uses proposed in the plan will not materially affect the public
18interest in navigable waters.
SB541-SSA2,7,2319 4. The amount and location of the public use areas to be developed and
20maintained under the plan provide a substantial benefit to the public interest in
21navigable waters. Appropriate uses in public use areas may include concessions
22open to the public under long-term lease with a municipality if the concessions
23provide a significant benefit to the public interest in navigable waters.
SB541-SSA2,7,2524 5. The plan contains sufficient provisions to ensure that the public uses
25proposed in the plan will be implemented and perpetually maintained.
SB541-SSA2,8,5
16. The plan requires that the proceeds from any lease or license to private or
2public entities to create or operate a concession be used by the municipality to
3promote the public interest in navigable waters pursuant to a plan approved by the
4department. This paragraph does not apply to revenue from real property taxes
5received by the municipality.
SB541-SSA2,8,86 7. The boundary established in the plan will not result in a substantial
7impairment of the public interest in navigable waters and is incidental to the
8development and perpetual maintenance of the public use areas of the plan.
SB541-SSA2,8,159 (e) Effect of determination. 1. An approval under par. (d) constitutes a
10determination by the department that the public interest in navigable waters is
11served by implementation of the plan and, with respect to areas that may have been
12part of the submerged bed of a Great Lakes water at the time of statehood, the
13boundary established between land that is held in trust by the state or is otherwise
14publicly owned and land held in private fee title ownership is in the public interest
15in navigable waters.
SB541-SSA2,9,216 2. Following an approval under par. (d), the applicant shall record the approval
17with the register of deeds and the department shall post the approval on the
18department's website. Upon implementation of the portions of the plan approved
19under par. (d) that relate to the public use areas, and any conditions imposed in the
20approval related to those areas, areas designated for private use that may have been
21part of a riverbed at the time of statehood shall not be subject to a navigational
22servitude and, for areas that may have been part of the submerged bed of a Great
23Lakes water at the time of statehood, the boundary between land that is held in trust
24by the state or is otherwise publicly owned and land held in private fee title

1ownership shall have the same effect as if the boundary were confirmed in a quiet
2title action granted by a court under s. 841.10.
SB541-SSA2,9,43 3. This section does not alter the right of property owners to seek a quiet title
4action under common law.
SB541-SSA2,9,75 (f) Boundary amendments. A municipality may seek to amend a public use
6boundary approved under par. (d) only by preparing and submitting a new plan using
7the process under this subsection.
SB541-SSA2,9,98 (g) Review. Determinations made under par. (d) are subject to review under ch.
9227.
SB541-SSA2,9,18 10(3) Title to nonriparian parcels. A parcel that may include areas that were
11part of the submerged bed of a Great Lakes water at the time of statehood and that
12remained separated from a Great Lakes water by one or more other parcels from
13December 9, 1977, to the effective date of this subsection .... [LRB inserts date], for
14which there is a record title holder, and that is not subject to a fill authorization as
15defined in s. 30.2034 (1) (a), is deemed to be not part of the lake bed of a Great Lakes
16water and to be held in fee title ownership. For land held in fee title ownership as
17determined under this subsection, this determination operates in the same manner
18as if a person were granted quiet title to the property by a court under s. 841.10.
SB541-SSA2,9,25 19(4) Exception for existing uses. The department shall treat upland property
20adjacent to a Great Lakes water, all or part of which may have been land that was
21part of the submerged lake bed of the Great Lakes water at the time of statehood, as
22property owned by the record title holder for purposes of exercising any regulatory
23authority, if the property includes portions of land that are upland and the use of such
24property has not materially changed since the effective date of this subsection ....
25[LRB inserts date]. In this subsection, “materially changed” means a material

1modification or termination of an existing use and does not include the maintenance,
2repair, replacement, restoration, rebuilding, or remodeling of any part of any
3existing structure or the transfer of the property. This subsection may not be
4construed as authorizing the combining of existing uses on multiple properties for
5the purposes of this subsection.
SB541-SSA2,3 6Section 3. 885.335 of the statutes is created to read:
SB541-SSA2,10,11 7885.335 Actions concerning real estate abutting Great Lakes water. (1)
8No claim or counterclaim may be made in an action relating to the possession or title
9of any real estate if the claim or counterclaim is based on an assertion that the
10property includes portions of land that may have at one time been submerged
11beneath a Great Lakes water if any of the following apply:
SB541-SSA2,10,1312 (a) The property is upland, as defined in s. 30.2039 (1) (f), and the use of the
13property has not materially changed, as defined in s. 30.2039 (4).
SB541-SSA2,10,1614 (b) The property was designated as land held in fee title ownership by a
15determination made under s. 30.2039 (2) (d) that establishes the boundary between
16land held in trust by the state and land held in fee title ownership.
SB541-SSA2,10,1817 (c) The property is held in fee title ownership as determined under s. 30.2039
18(3).
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