ZDW:skw

2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 579

February 7, 2024 - Offered by Senator Stroebel.

AB579-SSA1,1,2 An Act to create 30.2034, 30.2039 and 885.335 of the statutes; relating to: use of fill in certain waterways.

Analysis by the Legislative Reference Bureau

Development of Great Lakes and river waterfront property

This bill provides that a city or village (municipality) may create a waterfront development plan with respect to parcels that may have been part of a riverbed or the submerged bed of a Great Lakes water at the time of statehood. The municipality must submit required information to the Department of Natural Resources, 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 determine whether the plan is approved. DNR may not approve a plan unless it makes several determinations, including that 1) the plan contains the required elements, 2) proposed private uses are not inconsistent with existing lake bed grants or submerged land leases, 3) the amount and location of proposed public use areas are appropriate to protect public interests, or 4) the plan contains sufficient provisions to ensure that the public uses proposed in the plan will be implemented and perpetually maintained.

Amendments to existing approvals

The bill provides that a municipality may apply to DNR to change 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB579-SSA1,1 Section 1. 30.2034 of the statutes is created to read:

AB579-SSA1,2,2 30.2034 Change to existing approvals. (1) Definitions. In this section:

AB579-SSA1,2,5 (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.

AB579-SSA1,2,7 (b) “Filled area” means an area in a Great Lakes water filled before August 8, 1989, pursuant to a fill authorization.

AB579-SSA1,2,8 (c) “Grantee” means a municipality that has been granted a fill authorization.

AB579-SSA1,2,10 (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay.