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 1An Act to renumber 30.122; to amend 30.122 (title); and to create 30.01 (1h),
230.122 (2), 30.122 (3), 30.2039 and 885.335 of the statutes; relating to: use of
3fill in commercial waterways and establishing shorelines of Great Lakes
4waters.

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.

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.

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.

The record title holder of applicable land may submit a proposed shoreline to
to the municipality in which the land is located. The municipality must approve the
proposed shoreline if the municipality determines the proposed shoreline is in the
public interest and the proposed uses will promote the interests of the public. If a
municipality approves a proposed shoreline, the municipality must submit the
approval to DNR for review.

Following a public notice and comment period, DNR must adopt the shoreline
approved by the municipality unless DNR determines that a portion of the area
landward of the shoreline is not upland or there is not substantial evidence that the
shoreline as proposed is in the public interest. A determination by DNR 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.

The bill also prohibits the commencement of any action affecting the possession
or title of any real estate 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
the portions of land are upland and not subject to a lake bed grant or a submerged
land lease.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.