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30.121(3m) (3m)Exception; certain single-story boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair or maintain a single-story boathouse over an authorized waterway enlargement if:
30.121(3m)(a) (a) The boathouse does not extend beyond the ordinary high-water mark as it existed prior to the creation of the enlargement;
30.121(3m)(b) (b) The boathouse covers the entire enlargement; and
30.121(3m)(c) (c) Living quarters or plumbing fixtures are not constructed in the boathouse.
30.121(3r) (3r)Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to repairing or reconstructing a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
30.121(3w) (3w)Exception; commercial boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair, or maintain a boathouse if all of the following apply:
30.121(3w)(a) (a) The boathouse is used exclusively for commercial purposes.
30.121(3w)(b) (b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 238.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).
30.121(3w)(c) (c) The boathouse is in any of the following locations:
30.121(3w)(c)1. 1. Within a harbor that is being operated as a commercial enterprise.
30.121(3w)(c)2. 2. On a river that is a tributary of Lake Michigan or Lake Superior.
30.121(3w)(c)3. 3. On an outlying water and the work is limited to the expansion, repair, or maintenance of an existing boathouse.
30.121(3w)(d) (d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.
30.121(4) (4)Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in s. 30.03 (4) (a) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure.
30.121(5) (5)Applicability. Boathouses or fixed houseboats owned by the state or by local units of government shall comply with this section. This section does not apply to any structure listed on the national register of historic places in Wisconsin or the state register of historic places.
30.121(6) (6)Rules. The department may promulgate rules deemed necessary to carry out the purposes of this section. The rules may not govern the aesthetic features or color of boathouses.
30.121(7) (7)Penalties. Any person who constructs, owns or maintains a boathouse or fixed houseboat in violation of this section or in violation of any order issued under this section shall forfeit not less than $10 nor more than $50 for each offense. Each day a structure exists in violation of this section constitutes a separate offense.
30.121 Cross-reference Cross-reference: See also ch. NR 325, Wis. adm. code.
30.121 Annotation A boathouse on a navigable, artificially created waterway maintained over private property with waters from a natural waterway is subject to regulation. Klingeisen v. Department of Natural Resources, 163 Wis. 2d 921, 472 N.W.2d 603 (Ct. App. 1991).
30.121 Annotation An administrative rule permitting repairs not authorized by this section was invalid. Oneida County v. Converse, 180 Wis. 2d 120, 508 N.W.2d 416 (1993).
30.121 Annotation The legislation creating sub. (3r) was not an unconstitutional private bill. Sub. (3r) preempts contrary local zoning ordinances. Pace v. Oneida County, 212 Wis. 2d 448, 569 N.W.2d 311 (Ct. App. 1997), 96-3514.
30.122 30.122 Unauthorized structures. All permanent alterations, deposits or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.
30.122 History History: 1977 c. 189.
30.123 30.123 Bridges and culverts.
30.123(2)(2)Permits required. Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters.
30.123(5) (5)Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
30.123(6) (6)Exemptions. Subsection (2) does not apply to any of the following:
30.123(6)(b) (b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.
30.123(6)(d) (d) The construction or placement and the maintenance of a replacement culvert that is placed in substantially the same location as the culvert being replaced if the replacement culvert is constructed or placed using best management practices to comply with water quality standards under subch. II of ch. 281.
30.123(6)(f) (f) The construction or maintenance of bridges and the construction or placement and maintenance of culverts that are related to the construction, access, or operation of a new manufacturing facility and that affect a portion of a navigable stream within an electronics and information technology manufacturing zone designated under s. 238.396 (1m).
30.123(6m) (6m)Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (f) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
30.123(6m)(a) (a) Significant adverse impacts to the public rights and interests.
30.123(6m)(b) (b) Environmental pollution, as defined in s. 299.01 (4).
30.123(6m)(c) (c) Material injury to the riparian rights of any riparian owner.
30.123(6p) (6p)Costs. If the department requires a person who replaces a culvert to apply for an individual permit or seek authorization under a general permit under sub. (6m), notwithstanding the exemptions under sub. (6) (d), and if the department includes conditions in the individual permit or under the general permit that are different than the conditions in the permit issued for the culvert being replaced, the department may not impose a fee for the individual permit or for authorization under the general permit and shall reimburse that person, from the appropriation under s. 20.370 (8) (ma), for his or her reasonable costs incurred in complying with the different conditions in the permit.
30.123(6r) (6r)Exemption determinations.
30.123(6r)(a) (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (6) (d). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
30.123(6r)(b) (b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):
30.123(6r)(b)1. 1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.
30.123(6r)(b)2. 2. Make a determination as to whether the activity is exempt.
30.123(6r)(b)3. 3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.
30.123(6r)(c) (c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.
30.123(6r)(d) (d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.
30.123(6s) (6s)Rules.
30.123(6s)(a) (a) The department may promulgate rules concerning the exempt activities under sub. (6) that only do any of the following:
30.123(6s)(a)1. 1. Establish reasonable installation practices for culverts to minimize environmental impacts.
30.123(6s)(a)2. 2. Establish reasonable construction and design requirements for culverts that are consistent with the purpose of the activity.
30.123(6s)(a)3. 3. Establish reasonable limitations on the location of culverts at the site affected by the activity.
30.123(6s)(b) (b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish practices or requirements that prohibit the construction of culverts or that render the placement of culverts economically cost-prohibitive.
30.123(7) (7)General permits. The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:
30.123(7)(a) (a) Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.
30.123(7)(b) (b) Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (d) and that is in a navigable water that is less than 35 feet wide.
30.123(7)(c) (c) Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.
30.123(7)(d) (d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
30.123(8) (8)Individual permits.
30.123(8)(a) (a) For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6) and that is not subject to a general permit under sub. (7), a person may apply to the department for the individual permit that is required under sub. (2) in order to construct or maintain a bridge or culvert.
30.123(8)(b) (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).
30.123(8)(c) (c) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following requirements are met:
30.123(8)(c)1. 1. The bridge or culvert will not materially obstruct navigation.
30.123(8)(c)2. 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream.
30.123(8)(c)3. 3. The bridge or culvert will not be detrimental to the public interest.
30.123(9) (9)Records. A city, village, town, or county that replaces a culvert and that is exempt from the permitting requirements under sub. (6) shall make and retain a record of the replacement of the culvert. The record shall include all of the following information:
30.123(9)(a) (a) The date on which the replacement culvert was constructed or placed.
30.123(9)(b) (b) The dimensions of the replacement culvert.
30.123(9)(c) (c) The location of the replacement culvert.
30.123 History History: 1977 c. 190; Stats. 1977 s. 30.122; 1977 c. 272; Stats. 1977 s. 30.123; 1987 a. 374; 2003 a. 118; 2011 a. 167; 2013 a. 1; 2015 a. 55; 2017 a. 58.
30.124 30.124 Waterfowl habitat management.
30.124(1)(1)Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:
30.124(1)(a) (a) Cut aquatic plants, as defined in s. 30.07 (1) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.
30.124(1)(b) (b) Develop nesting islands for the purpose of increasing waterfowl production.
30.124(2) (2)The department may use moneys available under s. 29.191 (1) (b) 1. to engage in the activities described under sub. (1).
30.124 Cross-reference Cross-reference: See also ch. NR 353, Wis. adm. code.
30.125 30.125 Shoreline maintenance in outlying waters.
30.125(1)(1)In this section:
30.125(1)(a) (a) “Outlying waters" has the meaning given in s. 29.001 (63).
30.125(1)(b) (b) “Shoreline area" means the area that is located between the ordinary high-water mark and water's edge.
30.125(2) (2)If the conditions under sub. (3) are met, the permitting requirements under ss. 23.24 (3) and 30.12 and the contract and permitting requirements under s. 30.20 do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:
30.125(2)(a) (a) The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.
30.125(2)(b) (b) The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.
30.125(3) (3)All of the following conditions apply to the activities described under sub. (2):
30.125(3)(a) (a) No material may be brought in from offsite sources to conduct the activity.
30.125(3)(b) (b) No material removed from the riparian zone adjacent to the shoreline area may be used to conduct the activity.
30.125(3)(c) (c) No removal of material may be conducted in an area known to contain any species listed as endangered or threatened under s. 29.604 (3) or any floating bogs or wild rice.
30.125(3)(d) (d) The removal of material may not interfere with the rights of other riparian owners.
30.125(3)(e) (e) The removal of invasive species shall be conducted in a manner that prevents the spread of invasive species into the waters of this state and onto adjacent land.
30.125(3)(f) (f) The activity may not involve the filling of a coastal wetland or the alteration of a coastal dune.
30.125 History History: 2017 a. 281.
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on September 1, 2020. Published and certified under s. 35.18. Changes effective after September 1, 2020, are designated by NOTES. (Published 9-1-20)