SB541,,112023 SENATE BILL 541
October 23, 2023 - Introduced by Senators Stroebel, Quinn, Nass and Felzkowski, cosponsored by Representatives Wittke, Green, Binsfeld, Katsma, O’Connor, Murphy, Goeben and Melotik. Referred to Committee on Natural Resources and Energy.
SB541,,22An Act to renumber 30.122; to amend 30.122 (title); and to create 30.01 (1h), 30.122 (2), 30.122 (3), 30.2034, 30.2039 and 885.335 of the statutes; relating to: use of fill in commercial waterways and Great Lakes waters.
SB541,,33Analysis 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.