LRB-4719/2

ZDW:skw

2021 - 2022 LEGISLATURE

2021 Senate BILL 900

February 1, 2022 - Introduced by Senators Stroebel, Ballweg, Jacque and Felzkowski, cosponsored by Representatives Wittke, Katsma, Vorpagel, Kuglitsch and Murphy. Referred to Committee on Government Operations, Legal Review and Consumer Protection.

SB900,1,4 An Act to renumber 30.122; to amend 30.122 (title); and to create 30.01 (1h), 30.122 (2), 30.122 (3), 30.2039 and 885.335 of the statutes; relating to: use of fill in commercial waterways and establishing shorelines of Great Lakes waters.

Analysis by the Legislative Reference Bureau

This bill provides for the lawful public or private use of land that has been above the ordinary high water mark of a commercial waterway or a Great Lakes water since December 9, 1977. Under current law, all permanent alterations, deposits, or structures, other than boathouses, that affect navigable waters are presumed in conformity with the law if they were constructed before December 9, 1977, and did not require a permit at the time of construction.

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 and harbors. 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.

Establishing the shorelines of Great Lakes waters

The bill applies, in part, to property that 1) includes land that may have been part of the submerged bed of a Great Lakes water at the time of statehood; 2) includes portions of land that are upland, which is defined to mean land that has been above the ordinary high water mark since December 9, 1977; 3) is within a municipality; and 4) is not subject to a lake bed grant or a submerged land lease and is not landward of the statutorily established shoreline in the city of Milwaukee.