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.

AB579-SSA1,2,11 (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.

AB579-SSA1,2,13 (2) Applications by grantees. (a) A grantee may apply to the department to change the uses allowed within filled areas of a fill authorization.

AB579-SSA1,2,14 (b) An application under par. (a) shall include all of the following information:

AB579-SSA1,3,2 1. A legal description of the fill authorization and the filled area proposed to be used.

AB579-SSA1,3,4 2. A description of the proposed change to the existing fill authorization, including a detailed description of the proposed uses consistent with sub. (3).

AB579-SSA1,3,6 3. A determination from the governing body of the municipality approving the proposed change and requesting authorization from the department.

AB579-SSA1,3,9 (3) Standards for approval. The department shall evaluate applications submitted under sub. (2) based on whether the uses proposed in the application meet the following criteria:

AB579-SSA1,3,12 (a) The filled area proposed to be used is used for parking lots, public or private buildings, roads, or railroads on the effective date of this paragraph .... [LRB inserts date].

AB579-SSA1,3,14 (b) The filled area proposed to be used does not include any area currently used for public park purposes.

AB579-SSA1,3,18 (c) The filled area proposed to be used remains under the ownership and control of the municipality. In this paragraph, “ownership and control” includes leases or licenses to private or public entities for the provision of concessions, as defined under s. 30.2039 (1) (a), subject to compliance with the other criteria under this subsection.

AB579-SSA1,3,20 (d) The application is consistent with any waterfront development plan approved under s. 30.2039 (2) (d).

AB579-SSA1,3,24 (e) The application promotes appropriate public uses consistent with the public interest, and may include concessions, as defined in s. 30.2039 (1) (a), open to the public under long-term lease with the municipality, if the concessions provide a significant public benefit to the public interest in navigable waters.

AB579-SSA1,4,2 (f) The application includes appropriate mechanisms for department enforcement.

AB579-SSA1,4,5 (g) The application promotes other public objectives, which may include the elimination of blight, the remediation of brownfields, and other private economic development benefits.