AB579-ASA1,9,2 3. The amount and location of the public use areas are appropriate to protect the public interest. Appropriate public uses in public use areas may include concessions open to the public under long-term lease with a municipality if the uses are consistent with the public interest.

AB579-ASA1,9,4 4. The plan contains sufficient provisions to ensure that the public uses proposed in the plan will be implemented and perpetually maintained.

AB579-ASA1,9,9 (e) Effect of determination. 1. An approval under par. (d) constitutes a determination by the department that the public interest is served by implementation of the plan and the boundary established between land that is held in trust by the state or is otherwise publicly owned and land held in private fee title ownership is in the public interest.

AB579-ASA1,9,17 2. Following an approval under par. (d), the applicant shall record the approval with the register of deeds and the department shall post the approval on the department's website. Upon implementation of the portions of the plan approved under par. (d) that relate to the public use areas, and any conditions imposed in the approval related to those areas, the boundary between land that is held in trust by the state or is otherwise publicly owned and land held in private fee title ownership shall have the same effect as if the boundary were confirmed in a quiet title action granted by a court under s. 841.10.

AB579-ASA1,9,19 3. This section does not alter the right of property owners to seek a quiet title action under common law.

AB579-ASA1,9,22 (f) Boundary amendments. A municipality may seek to amend a public use boundary approved under par. (d) only by preparing and submitting a new plan using the process under this subsection.

AB579-ASA1,9,24 (g) Review. Determinations made under par. (d) are subject to review under ch. 227.

AB579-ASA1,10,10 (3) Title to nonriparian parcels. A parcel that may include areas that were part of the submerged bed of a Great Lakes water at the time of statehood and that remained separated from a Great Lakes water by one or more other parcels from December 9, 1977, to the effective date of this subsection .... [LRB inserts date], for which there is a record title holder, and that was not filled pursuant to a fill authorization as defined in s. 30.2034 (1) (a), is deemed to be not part of the lake bed of a Great Lakes water and to be held in fee title ownership. For land held in fee title ownership as determined under this subsection, 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.

AB579-ASA1,10,20 (4) Exception for existing uses. The department shall treat upland property adjacent to a Great Lakes water, all or part of which may have been land that was part of the submerged lake bed of the Great Lakes water at the time of statehood, as riparian property and owned by the record title holder for purposes of exercising any regulatory authority, if the property includes portions of land that are upland and the use of such property has not materially changed since the effective date of this subsection .... [LRB inserts date]. In this subsection, “materially changed” means a material modification or termination of an existing use and does not include the maintenance, repair, replacement, restoration, rebuilding, remodeling, or expansion of any part of any existing structure or the transfer of the property.

AB579-ASA1,8 Section 8. 885.335 of the statutes is created to read:

AB579-ASA1,11,2 885.335 Actions concerning real estate abutting Great Lakes water. No claim or counterclaim may be made 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 any of the following apply:

AB579-ASA1,11,4 (1) The property is upland, as defined in s. 30.2039 (1) (f), and the use of the property has not materially changed, as defined in s. 30.2039 (4).

AB579-ASA1,11,7 (2) The property was designated as land held in fee title ownership by a determination made under s. 30.2039 (2) (d) that establishes the boundary between land held in trust by the state and land held in fee title ownership.

AB579-ASA1,11,9 (3) The property is held in fee title ownership as determined under s. 30.2039 (3).

AB579-ASA1,11,10 (4) The use of the property is approved under s. 30.2034.

AB579-ASA1,9 Section 9. Nonstatutory provisions.

AB579-ASA1,11,13 (1) Notwithstanding s. 13.097 (2), the department of natural resources may not prepare a report under s. 13.097 (2) (a) for this bill.

AB579-ASA1,11,14 (End)