30.2026(2)(c)3.3. The barrier is owned by a public entity and the public is granted free access to the barrier. 30.2026(2)(c)4.4. Access by the public to the barrier is limited to use as open space for recreational purposes. 30.2026(2)(c)5.5. The barrier remains in as natural a condition as is practicable, as determined by the department. 30.2026(2)(c)6.6. No structure, except those necessary in order to effectuate a purpose specified in sub. (1) (a), are placed on the barrier. 30.2026(2)(d)(d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12. 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. 30.20330.203 Lake 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)(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)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)(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)(e)(e) It may not be detrimental to the public interest. 30.203(5)(5) Oversight and maintenance by the department. 30.203(5)(a)(a) The department shall monitor the project authorized under sub. (1) to assure that the project is furthering a purpose specified in sub. (1). 30.203(5)(b)(b) The department shall maintain the structures and the fill that are part of the project authorized under sub. (1) to assure that the structures and fill do not impair the safety of the public. 30.203(5)(c)(c) The department shall maintain the structures and the fill that are part of the project authorized under sub. (1) in a manner that does not impair the natural aesthetic value of the area, to the extent practicable. 30.203(5)(d)(d) The department shall maintain the structures and the fill that are part of the project authorized under sub. (1) so that they remain in compliance with the requirements listed under sub. (4). 30.203(5)(e)(e) If the department determines that any structure or any fill that is part of the project authorized under sub. (1) does not comply with the requirements under sub. (4), the department shall modify the structure or fill to bring it into compliance. If the department cannot modify the structure or fill to bring it into compliance, the department shall remove the structure or fill. 30.203(6)(a)(a) Any structure or fill placed as part of the project authorized under sub. (1) may be used only for any of the following: 30.203(6)(a)1.1. As a site for the placement of navigation aids approved by the department. 30.203(6)(a)2.2. Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department. 30.203(6)(b)(b) The department may promulgate rules to reasonably limit use by the public under par. (a) 3. 30.203(7)(7) Ownership; jurisdiction. The structures or fill that are part of the project authorized under sub. (1) are owned by the state and are under the jurisdiction of the department. The state may not transfer ownership of a structure or any fill that is part of the project authorized under sub. (1). 30.203(8)(8) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub. (1). 30.203430.2034 Change to existing approvals. 30.2034(1)(a)(a) “Fill authorization” means the authorization of fill in an area of a Great Lakes water by the legislature in specific legislation or a lake bed grant or by a submerged land lease under s. 24.39. 30.2034(1)(b)(b) “Filled area” means an area in a Great Lakes water filled before August 8, 1989, pursuant to a fill authorization. 30.2034(1)(c)(c) “Grantee” means a municipality that has been granted a fill authorization. 30.2034(1)(d)(d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay. 30.2034(2)(a)(a) A grantee may apply to the department to change the uses allowed within filled areas of a fill authorization. 30.2034(2)(b)(b) An application under par. (a) shall include all of the following information: 30.2034(2)(b)1.1. A legal description of the fill authorization and the filled area proposed to be used. 30.2034(2)(b)2.2. A description of the proposed change to the existing fill authorization, including a detailed description of the proposed uses consistent with sub. (3). 30.2034(2)(b)3.3. A determination from the governing body of the municipality approving the proposed change and requesting authorization from the department. 30.2034(3)(3) Standards for approval. The department shall evaluate applications submitted under sub. (2) based on whether the uses proposed in the application meet the following criteria: 30.2034(3)(a)(a) The filled area proposed to be used is used for parking lots, public or private buildings, roads, or railroads on March 29, 2024. 30.2034(3)(b)(b) The filled area proposed to be used does not include any area currently used for public park purposes. 30.2034(3)(c)(c) The filled area proposed to be used remains under the ownership and control of the municipality. In this paragraph, “ownership and control” includes leases or licenses to private or public entities for the provision of concessions, as defined under s. 30.2039 (1) (a), subject to compliance with the other criteria under this subsection. 30.2034(3)(e)(e) The application promotes appropriate public uses consistent with the public interest, and may include concessions, as defined in s. 30.2039 (1) (a), open to the public under long-term lease with the municipality, if the concessions provide a significant public benefit to the public interest in navigable waters. 30.2034(3)(f)(f) The application includes appropriate mechanisms for department enforcement. 30.2034(3)(g)(g) The application promotes other public objectives, which may include the elimination of blight, the remediation of brownfields, and other private economic development benefits. 30.2034(3)(h)(h) The application requires that the proceeds from any lease or license to private or public entities to create or operate a concession, as defined in s. 30.2039 (1) (a), be used by the municipality to promote the public interest in navigable waters pursuant to a plan approved by the department. This paragraph does not apply to revenue from real property taxes received by the municipality. 30.2034(4)(4) Department approval of applications. 30.2034(4)(a)(a) No later than 90 days after receiving an application under sub. (2), the department shall hold a public hearing and provide public notice by publishing a class 2 notice under ch. 985 and by posting notice on the department’s website. 30.2034(4)(b)(b) No later than 90 days following the public hearing under par. (a), the department shall make a determination on whether to approve the application under sub. (2). The department and the applicant may agree to extend this timeline. The failure of the department to act within 90 days or within any timeline agreed to by the department and the applicant may not be deemed to be an approval by the department. 30.2034 HistoryHistory: 2023 a. 247. 30.203530.2035 Shoreline protection study. The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department’s findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under s. 227.15 (1) no later than 7 months after the study is completed. 30.2035 HistoryHistory: 1993 a. 421. 30.203730.2037 Big Silver Lake high-water mark. The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards. 30.2037 HistoryHistory: 1997 a. 27. 30.203830.2038 Milwaukee shoreline established. 30.2038(1)(a)(a) The shoreline of Lake Michigan in the city of Milwaukee is fixed and established to extend from approximately the line of East Lafayette Place extended easterly on the north to the present north harbor entrance wall of the Milwaukee River on the south as specified in an agreement between the Chicago and Northwestern Railway Company and the city of Milwaukee recorded with the office of the register of deeds of Milwaukee County on April 23, 1913, in volume 662, pages 326-330, as document number 762955. 30.2038(1)(b)(b) The shoreline described under par. (a) constitutes the boundary line between the lake bed of Lake Michigan and land that is not part of the lake bed of Lake Michigan. 30.2038(2)(2) Any restrictions, conditions, reverters, or limitations imposed on the use of land or conveyance of land under chapter 358, laws of 1909, chapter 389, laws of 1915, chapter 284, laws of 1923, chapter 150, laws of 1929, chapter 151, laws of 1929, chapter 516, laws of 1929, chapter 381, laws of 1931, chapter 76, laws of 1973, 1985 Act 327, and any other act conveying a part of the lake bed of Lake Michigan do not apply to land located to the west of the shoreline described under sub. (1) (a). 30.2038(3)(3) The declarations under sub. (1) are made in lieu of, and have the same effect as, a final judgment entered by a court under ch. 841.
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Chs. 23-34, Public Domain and the Trust Funds
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