30.126(9)(b)(b) Municipality’s authority to enforce. A Wolf River municipality may enforce any ordinance adopted or order issued by the municipality under this section.
30.126(10)(10)Penalties.
30.126(10)(a)(a) Violation of statute, rule or department order. A person who violates this section, any rule promulgated under this section or any order issued by the department under this section shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes a separate offense.
30.126(10)(b)(b) Violation of municipal ordinance or order. A person who violates any ordinance adopted or order issued by the municipality under this section is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par. (a).
30.126 HistoryHistory: 1983 a. 100; 1987 a. 374; 1995 a. 27 ss. 1658, 9116 (5); 1999 a. 150 s. 672; 2011 a. 32.
30.126 Cross-referenceCross-reference: See also ch. NR 324, Wis. adm. code.
30.1330.13Regulation of wharves, piers and swimming rafts; establishment of pierhead lines.
30.13(1)(1)Construction allowed without permit under certain circumstances. A riparian proprietor may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if the pier or wharf is exempt from obtaining a permit under s. 30.12 or if all of the following conditions are met:
30.13(1)(a)(a) The wharf or pier does not interfere with public rights in navigable waters.
30.13(1)(b)(b) The wharf or pier does not interfere with rights of other riparian proprietors.
30.13(1)(c)(c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3).
30.13(1)(d)(d) The wharf or pier does not violate any ordinances enacted under sub. (2).
30.13(1)(e)(e) The wharf or pier is constructed to allow the free movement of water underneath and in a manner which will not cause the formation of land upon the bed of the waterway.
30.13(1m)(1m)Swimming rafts allowed without permit under certain circumstances. A riparian owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:
30.13(1m)(a)(a) The swimming raft does not interfere with public rights in navigable waters.
30.13(1m)(b)(b) The swimming raft does not interfere with rights of other riparian owners.
30.13(1m)(c)(c) The swimming raft is placed within 200 feet of shore.
30.13(2)(2)Wharves, piers and swimming rafts regulated. A municipality may enact ordinances not inconsistent with this section regulating the construction and location of wharves, piers and swimming rafts located within or attached to land within that municipality.
30.13(3)(3)Establishment of pierhead lines.
30.13(3)(a)(a) Any municipality authorized by s. 30.11 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a professional land surveyor licensed under ch. 443 and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.
30.13(3)(b)(b) Any pierhead line established by a municipality shall be established in the interest of the preservation and protection of its harbor or of public rights in navigable waters.
30.13(4)(4)Unlawful obstruction.
30.13(4)(a)(a) Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.
30.13(4)(b)(b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian owners constitutes an unlawful obstruction of navigable waters unless the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.
30.13(4)(c)(c) Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under sub. (3) constitutes an unlawful obstruction of navigable waters unless a valid permit, license or authorization for the wharf or pier is granted or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of par. (a) or (b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.
30.13(4)(d)(d) Violates regulations. A wharf or pier which violates the regulations contained in sub. (2) or in any ordinance enacted under sub. (2) constitutes an unlawful obstruction of navigable waters.
30.13(5m)(5m)Removal of wharves and piers in navigable waters.
30.13(5m)(a)(a)
30.13(5m)(a)1.1. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier which constitutes an unlawful obstruction of navigable waters under sub. (4) to remove that portion of the wharf or pier which constitutes an unlawful obstruction.