NR 325.03 HistoryHistory: Cr. Register, August, 1980, No. 296, eff. 9-1-80; emerg. cr. (7k) and (9), eff. 4-19-04; CR 04-063: renum. (7) to be (5k) and am., cr. (7), (9) and (10) Register April 2005 No. 592, eff. 5-1-05.
NR 325.05NR 325.05Current value. An owner wishing to repair or maintain a boathouse or fixed houseboat shall provide to the department proof of its current value.
NR 325.05 HistoryHistory: Cr. Register, August, 1980, No. 296, eff. 9-1-80.
NR 325.06NR 325.06Repair and maintenance cost. Owners of boathouses or fixed houseboats shall obtain a certification from the department that all needed repair and maintenance costs total less than 50% of the current value of the structure prior to performance of the maintenance or repairs.
NR 325.06 HistoryHistory: Cr. Register, August, 1980, No. 296, eff. 9-1-80; emerg. am. eff. 4-19-04; CR 04-063: am. Register April 2005 No. 592, eff. 5-1-05.
NR 325.07NR 325.07Certification procedure for repair and maintenance.
NR 325.07(1)(1)Except as provided for in s. NR 325.06, owners of boathouses or fixed houseboats wishing to perform maintenance or repairs shall request certification that all required maintenance and repairs do not exceed 50% of the current value. The request for certification shall be made to the department and shall contain the information set forth in ss. NR 325.05 and 325.09 (1) and (2).
NR 325.07(2)(2)The department shall review the information submitted by the applicant for certification and shall inspect the boathouse or fixed houseboat.
NR 325.07(3)(3)The department shall within 60 days issue a certification as requested if the department agrees with the estimates of all needed repair or maintenance costs and finds that all needed maintenance or repairs are less than 50% of the current value.
NR 325.07(4)(4)If the department disagrees with either the cost estimate for all needed maintenance or repairs or the current value it may obtain independent estimates of such cost or current value. The department shall issue the requested certification if the independent estimates for costs of all needed maintenance or repairs and current value are less than 50% of the current value.
NR 325.07(5)(5)Where an existing boathouse or fixed houseboat is owned by a non-riparian, the application for certification shall be made by the riparian owner of the property where the boathouse or fixed houseboat is located, provided the transfer of riparian rights is in compliance with s. 30.133, Stats.
NR 325.07(6)(6)The department certification shall contain a requirement that the owner of the boathouse or fixed houseboat record the certification with the register of deeds for the municipality where the boathouse is located, and that the owner submit an affidavit showing proof of recording prior to commencing repairs.
NR 325.07(7)(7)The department shall deny requested certification if either the independent or applicant’s estimates of costs for all needed maintenance or repairs exceeds 50% of the current value and shall declare the boathouse or fixed houseboat to be in a major state of disrepair. Any owner denied certification may review the denial pursuant to s. 227.42, Stats.
NR 325.07 HistoryHistory: Cr. Register, August, 1980, No. 296, eff. 9-1-80; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; emerg. am. (1), renum. (5) to be (6), cr. (5), eff. 4-19-04; CR 04-063: am. (1), renum. (5) to be (7), cr. (5) and (6) Register April 2005 No. 592, eff. 5-1-05.
NR 325.08NR 325.08Certification procedure for exceptions.
NR 325.08(1)(1)Owners wishing to repair or maintain a boathouse or fixed houseboat pursuant to s. 30.121 (3g), Stats., construct, repair or maintain a single-story boathouse pursuant to s. 30.121 (3m), Stats., repair or reconstruct a boathouse pursuant to s. 30.121 (3r), Stats., or construct, repair or maintain a boathouse pursuant to s. 30.121 (3w), Stats., shall request certification that the proposed activity is eligible for an exception. The request for certification shall be made to the department and contain the information in ss. NR 325.09 and 325.10.
NR 325.08(2)(2)The department shall review the information submitted by the applicant for certification, and shall inspect the boathouse or fixed houseboat or the site of the proposed boathouse.
NR 325.08(3)(3)The department shall within 60 days issue a certification as requested, if the department determines that the proposed activity is eligible for a statutory exception.
NR 325.08(4)(4)The department shall within 60 days deny certification if the department determines that the proposed activity does not meet the requirements of s. 30.121, Stats., and this chapter to be eligible for an exception. Any owner denied certification may review the denial pursuant to s. 227.42, Stats.
NR 325.08 HistoryHistory: Emerg. cr. eff. 4-19-04; CR 04-063: cr. Register April 2005 No. 592, eff. 5-1-05.
NR 325.09NR 325.09Standards.
NR 325.09(1)(1)Maintenance. In addition to the requirements of s. 30.121 (3), Stats., repair and maintenance of existing boathouses and fixed houseboats shall meet all of the following conditions:
NR 325.09(1)(a)(a) Repair and maintenance is limited to the 3-dimensional envelope of the existing boathouse or fixed houseboat. No expansion of the boathouse or fixed houseboat in any direction is allowed. Application of a new or replacement layer of roofing or siding that does not increase the usable space within the boathouse or fixed houseboat may not be considered expansion.
NR 325.09(1)(b)(b) Repair and maintenance may not include any change in roof pitch or addition of decks, walkways, railings or other architectural features.
NR 325.09(1)(c)(c) Decks, walkways, railings or piers that are permanently attached to the boathouse or fixed boathouse shall be considered part of the boathouse or fixed houseboat, and shall be subject to the repair limitations of s. 30.121 (3), Stats.
NR 325.09(2)(2)Damaged boathouse. In addition to the requirements of s. 30.121 (3r), Stats., repair or reconstruction of a damaged boathouse shall meet all of the following conditions to be eligible for an exception:
NR 325.09(2)(a)(a) The boathouse owner shall demonstrate that the boathouse was damaged by violent wind, vandalism or fire. Documentation shall include photographs that depict the boathouse before and after the damage.
NR 325.09(2)(b)(b) The boathouse owner shall demonstrate that the damage occurred after January 1, 1984.
NR 325.09(2)(c)(c) Repair and reconstruction is limited to the specific wall, or roof, or permanently attached deck, walkway, railing or pier that was damaged. Any other proposed work on the boathouse that is not related to specific damage caused under pars. (a) and (b) is subject to the limitations of s. 30.121 (3), Stats., the procedures of s. NR 325.07 and the standards in sub. (1).