AB849,6,5 (6) Submittal to the department. Upon making a determination to approve a shoreline under sub. (4), the municipality shall provide the approval to the department for review.

AB849,6,12 (7) Notice. (a) No later than 30 days after receiving a request for review under sub. (6), the department shall provide public notice by publishing a class 2 notice under ch. 985 and by posting notice on the department's Internet site. The notice shall provide an opportunity for members of the public to provide comments and request a public hearing. If a public hearing is requested, notice of the public hearing shall be provided by publishing a class 2 notice under ch. 985 and by posting notice on the department's Internet site.

AB849,6,15 (b) No later than 60 days following public notice under par. (a), or 60 days following a public hearing requested under par. (a), whichever is later, the department shall make a determination under sub. (8).

AB849,6,19 (8) Determinations by the department. The department shall adopt the shoreline approved by a municipality under sub. (4) and determine the shoreline is consistent with the public interest unless the department determines any of the following:

AB849,6,24 (a) A portion of the area landward of the shoreline approved by the municipality under sub. (4) is not upland. If a determination under this paragraph is made, the department shall modify the proposed shoreline so that any portion that is not upland remains waterward of the shoreline and shall approve the modified shoreline.

AB849,7,2 (b) The determination of the municipality under sub. (4) that the proposed shoreline is in the public interest is not supported by substantial evidence.

AB849,7,8 (9) Effect of determination. (a) A determination under this section establishes the shoreline for purposes of determining the boundary of title between land held in trust by the state and land held in fee title ownership. For land held in fee title ownership as determined under this section, this determination operates in the same manner as if a person were granted quiet title to the property by a court under s. 841.10.

AB849,7,10 (b) A determination under this section does not alter the rights of any record title holder other than to establish the shoreline under par. (a).

AB849,7,12 (c) This section does does not alter the right of property owners to seek a quiet title action under common law.

AB849,7 Section 7. 885.335 of the statutes is created to read:

AB849,7,20 885.335 Actions concerning real estate abutting Great Lakes water. No action affecting the possession or title of any real estate may be commenced, by any person, the state, or a political subdivision or municipal corporation of the state, 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 such portions of land are upland, as defined in s. 30.2039 (1) (e), and the property is not subject to a lake bed grant or a submerged land lease.

AB849,7,21 (End)