AB579-ASA1,4,13 (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay.

AB579-ASA1,4,14 (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.

AB579-ASA1,4,16 (2) Applications by grantees. (a) A grantee may apply to the department to amend the uses allowed within filled areas of a fill authorization.

AB579-ASA1,4,17 (b) An application under par. (a) shall include all of the following information:

AB579-ASA1,4,19 1. A legal description of the fill authorization and the filled area proposed to be used.

AB579-ASA1,4,21 2. A description of the proposed amendment to the existing fill authorization, including a detailed description of the proposed uses consistent with sub. (3).

AB579-ASA1,4,23 3. A determination from the governing body of the municipality approving the proposed amendment and requesting authorization from the department.

AB579-ASA1,5,3 (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-ASA1,5,6 (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-ASA1,5,8 (b) The filled area proposed to be used does not include any area currently used for public park purposes.

AB579-ASA1,5,12 (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, subject to compliance with the other criteria under this subsection.

AB579-ASA1,5,14 (d) The application is consistent with any waterfront development plan approved under s. 30.2039 (2) (d).

AB579-ASA1,5,17 (e) The application promotes appropriate public uses consistent with the public interest, which may include concessions, as defined in s. 30.2039 (1) (a), open to the public under long-term lease with the municipality.

AB579-ASA1,5,19 (f) The application includes appropriate mechanisms for department enforcement.

AB579-ASA1,5,22 (g) The application promotes other public objectives, which may include the elimination of blight, the remediation of brownfields, and other private economic development benefits.

AB579-ASA1,6,2 (4) Department approval of applications. (a) No later than 90 days after receiving an application under sub. (2), the department shall hold a public hearing and provide public notice by publishing a class 2 notice under ch. 985 and by posting notice on the department's website.

AB579-ASA1,6,8 (b) No later than 90 days following the public hearing under par. (a), the department shall make a determination on whether to approve the application under sub. (2). The department and the applicant may agree to extend this timeline. The failure of the department to act within 90 days or within any timeline agreed to by the department and the applicant may not be deemed to be an approval by the department.

AB579-ASA1,6,9 (c) Determinations made under par. (b) are subject to review under ch. 227.

AB579-ASA1,7 Section 7. 30.2039 of the statutes is created to read:

AB579-ASA1,6,11 30.2039 Great Lakes waterfront property. (1) Definitions. In this section:

AB579-ASA1,6,14 (a) “Concession” means a structure or facility that provides lodging, restaurant and food and beverage services, or retail services that support public access and use of navigable waters.

AB579-ASA1,6,16 (b) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay.

AB579-ASA1,6,17 (c) Notwithstanding s. 30.01 (4), “municipality” means a city or village.

AB579-ASA1,6,19 (d) “Public use” means public access and use, including access to and use of parkland, trails and roads, and public recreational facilities.

AB579-ASA1,6,21 (e) “Record title holder” means a person with a claim of ownership of property based on a recorded conveyance of an ownership interest in the property.

AB579-ASA1,6,25 (f) “Upland” means property that remained at an elevation above the current ordinary high water mark from December 9, 1977, to the effective date of this paragraph .... [LRB inserts date], other than for temporary maintenance activities or because of accretion or reliction.

AB579-ASA1,7,3 (2) Waterfront development plan. (a) Authority. A municipality may create a waterfront development plan with respect to parcels that include land that may have been part of the submerged bed of a Great Lakes water at the time of statehood.

AB579-ASA1,7,5 (b) Elements of the plan. A municipality shall include all of the following information in a waterfront development plan under this subsection:

AB579-ASA1,7,6 1. A map identifying parcels of land that are subject to the proposed plan area.