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:
SB541-SSA2,1 1Section 1. 30.2034 of the statutes is created to read:
SB541-SSA2,2,2 230.2034 Change to existing approvals. (1) Definitions. In this section:
SB541-SSA2,2,53 (a) “Fill authorization” means the authorization of fill in an area of a Great
4Lakes water by the legislature in specific legislation or a lake bed grant or by a
5submerged land lease under s. 24.39.
SB541-SSA2,2,76 (b) “Filled area” means an area in a Great Lakes water filled before August 8,
71989, pursuant to a fill authorization.
SB541-SSA2,2,88 (c) “Grantee” means a municipality that has been granted a fill authorization.
SB541-SSA2,2,109 (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
10Sturgeon Bay.
SB541-SSA2,2,1111 (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
SB541-SSA2,2,13 12(2) Applications by grantees. (a) A grantee may apply to the department to
13change the uses allowed within filled areas of a fill authorization.
SB541-SSA2,2,1414 (b) An application under par. (a) shall include all of the following information:
SB541-SSA2,3,2
11. A legal description of the fill authorization and the filled area proposed to
2be used.
SB541-SSA2,3,43 2. A description of the proposed change to the existing fill authorization,
4including a detailed description of the proposed uses consistent with sub. (3).
SB541-SSA2,3,65 3. A determination from the governing body of the municipality approving the
6proposed change and requesting authorization from the department.
SB541-SSA2,3,9 7(3) Standards for approval. The department shall evaluate applications
8submitted under sub. (2) based on whether the uses proposed in the application meet
9the following criteria:
SB541-SSA2,3,1210 (a) The filled area proposed to be used is used for parking lots, public or private
11buildings, roads, or railroads on the effective date of this paragraph .... [LRB inserts
12date].
SB541-SSA2,3,1413 (b) The filled area proposed to be used does not include any area currently used
14for public park purposes.
SB541-SSA2,3,1815 (c) The filled area proposed to be used remains under the ownership and control
16of the municipality. In this paragraph, “ownership and control” includes leases or
17licenses to private or public entities for the provision of concessions, as defined under
18s. 30.2039 (1) (a), subject to compliance with the other criteria under this subsection.
SB541-SSA2,3,2019 (d) The application is consistent with any waterfront development plan
20approved under s. 30.2039 (2) (d).
SB541-SSA2,3,2421 (e) The application promotes appropriate public uses consistent with the public
22interest, and may include concessions, as defined in s. 30.2039 (1) (a), open to the
23public under long-term lease with the municipality, if the concessions provide a
24significant public benefit to the public interest in navigable waters.
SB541-SSA2,4,2
1(f) The application includes appropriate mechanisms for department
2enforcement.
SB541-SSA2,4,53 (g) The application promotes other public objectives, which may include the
4elimination of blight, the remediation of brownfields, and other private economic
5development benefits.
SB541-SSA2,4,106 (h) The application requires that the proceeds from any lease or license to
7private or public entities to create or operate a concession, as defined in s. 30.2039
8(1) (a), be used by the municipality to promote the public interest in navigable waters
9pursuant to a plan approved by the department. This paragraph does not apply to
10revenue from real property taxes received by the municipality.
SB541-SSA2,4,14 11(4) Department approval of applications. (a) No later than 90 days after
12receiving an application under sub. (2), the department shall hold a public hearing
13and provide public notice by publishing a class 2 notice under ch. 985 and by posting
14notice on the department's website.
SB541-SSA2,4,2015 (b) No later than 90 days following the public hearing under par. (a), the
16department shall make a determination on whether to approve the application under
17sub. (2). The department and the applicant may agree to extend this timeline. The
18failure of the department to act within 90 days or within any timeline agreed to by
19the department and the applicant may not be deemed to be an approval by the
20department.
SB541-SSA2,4,2121 (c) Determinations made under par. (b) are subject to review under ch. 227.