LRBs0214/1
RNK:wlj:jf
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 445
October 15, 2003 - Offered by Committee on Natural Resources.
AB445-ASA1,1,3 1An Act to create 30.12 (2m), 30.12 (3m), 30.13 (1p), 30.13 (7), 30.131 (3) and
230.131 (4) of the statutes; relating to: regulating piers and boat hoists and
3requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB445-ASA1, s. 1 4Section 1. 30.12 (2m) of the statutes is created to read:
AB445-ASA1,1,105 30.12 (2m) Exemptions from enforcement action. (a) Except as provided in
6par. (b), a riparian owner of a pier or boat hoist that was in place on January 1, 2003,
7or that was seasonally placed in the same location in each of the years beginning with
81998 and ending with 2002, is exempt from any enforcement action by the
9department under this section that requires the riparian owner to repair, renovate,
10modify, or remove the pier or boat hoist.
AB445-ASA1,1,1111 (b) Paragraph (a) does not apply to any of the following:
AB445-ASA1,2,4
11. A pier or boat hoist that is the subject of an enforcement action initiated by
2the department before the effective date of this subdivision .... [revisor inserts date],
3alleging that the pier or boat hoist presents an imminent and substantial danger to
4navigation or the public interest.
AB445-ASA1,2,65 2. A pier or boat hoist that a riparian owner reconstructed or materially altered
6after January 1, 2003.
AB445-ASA1,2,77 3. A pier or boat hoist that interferes with rights of other riparian owners.
AB445-ASA1,2,98 4. A pier or boat hoist that materially obstructs navigation or reduces the
9effective flood flow capacity of a stream.
AB445-ASA1,2,1110 5. A pier or boat hoist that an administrative hearing officer has determined
11or that a court has ordered must be repaired, renovated, modified, or removed.
AB445-ASA1, s. 2 12Section 2. 30.12 (3m) of the statutes is created to read:
AB445-ASA1,2,2213 30.12 (3m) Application and promulgation of rules. Every rule promulgated
14by the department under this section that relates to the regulation of piers or boat
15hoists under sub. (2) and that is in effect on the day before the effective date of this
16subsection .... [revisor inserts date], shall be void. The department shall promulgate
17rules regulating piers and boat hoists under sub. (2) that shall supersede the rules
18promulgated by the department under sub. (2) that were in effect on the day before
19the effective date of this subsection .... [revisor inserts date]. The rules shall include
20construction standards for piers and boat hoists, standards concerning the
21permissible length and width of piers, and standards concerning the number of slips
22that a pier may contain.
AB445-ASA1, s. 3 23Section 3. 30.13 (1p) of the statutes is created to read:
AB445-ASA1,3,524 30.13 (1p) Piers exempt from enforcement action. (a) A riparian proprietor
25that owns a pier or boat hoist that was in place on January 1, 2003, or that was

1seasonally placed in the same location in each of the years beginning with 1998 and
2ending with 2003, is exempt from any enforcement action under this section by the
3department or by the governing body of a city, village, or town, or a designated officer,
4that requires the riparian proprietor to repair, renovate, modify, or remove the pier
5or boat hoist.
AB445-ASA1,3,66 (b) Paragraph (a) does not apply to any of the following:
AB445-ASA1,3,87 1. A pier or boat hoist that the riparian proprietor reconstructed or materially
8altered after January 1, 2003.
AB445-ASA1,3,99 2. A pier or boat hoist that interferes with rights of other riparian owners.
AB445-ASA1,3,1110 3. A pier or boat hoist that materially obstructs navigation or reduces the
11effective flood flow capacity of a stream.
AB445-ASA1,3,1312 4. A pier or boat hoist that an administrative hearing officer has determined
13or that a court has ordered must be repaired, renovated, modified, or removed.
AB445-ASA1, s. 4 14Section 4. 30.13 (7) of the statutes is created to read:
AB445-ASA1,3,2415 30.13 (7) Application and promulgation of rules. Every rule promulgated by
16the department that relates to the regulation of piers or boat hoists under this section
17and that is in effect on the day before the effective date of this subsection .... [revisor
18inserts date], shall be void. The department shall promulgate rules regulating piers
19and boat hoists under this section that shall supersede the rules promulgated by the
20department under this section that were in effect on January 1, 2003. The rules shall
21include construction standards for piers, standards concerning the permissible
22length and width of piers, and standards concerning the number of slips that a pier
23may contain. The standards shall be different than the standards for piers and boat
24hoists contained in the rules promulgated under s. 30.12 (3m).
AB445-ASA1, s. 5 25Section 5. 30.131 (3) of the statutes is created to read:
AB445-ASA1,4,7
130.131 (3) A pier or boat hoist that was in place on January 1, 2003, or that was
2seasonally placed in the same location in each of the years beginning with 1998 and
3ending with 2002, is exempt from any enforcement action by the department that
4requires the person who placed the pier or boat hoist or the owner of riparian land
5that abuts the pier or boat hoist to repair, renovate, modify, or remove the pier or boat
6hoist, unless the person who placed the pier or boat hoist, or the riparian owner,
7reconstructs or materially alters the pier or boat hoist after January 1, 2003.
AB445-ASA1, s. 6 8Section 6. 30.131 (4) of the statutes is created to read:
AB445-ASA1,4,159 30.131 (4) Every rule promulgated by the department that relates to the
10regulation of piers or boat hoists under this section and that is in effect on the day
11before the effective date of this subsection .... [revisor inserts date], shall be void. The
12department shall promulgate rules regulating piers and boat hoists under this
13section that shall supersede the rules promulgated by the department under this
14section that were in effect on the day before the effective date of this subsection ....
15[revisor inserts date].
AB445-ASA1, s. 7 16Section 7. Nonstatutory provisions.
AB445-ASA1,4,2117 (1) The department of natural resources shall submit in proposed form the
18rules required under sections 30.12 (3m), 30.13 (7), and 30.131 (4) of the statutes, as
19created by this act, to the legislative council staff under section 227.15 (1) of the
20statutes no later than the first day of the 10th month beginning after the effective
21date of this subsection.
AB445-ASA1,5,522 (2) The department of natural resources may use the procedures under section
23227.24 of the statutes to promulgate emergency rules under sections 30.12 (3m),
2430.13 (7), and 30.131 (4) of the statutes, as created by this act. Notwithstanding
25section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect

1until the date on which permanent rules take effect. Notwithstanding section 227.24
2(1) (a) and (3) of the statutes, the department is not required to provide evidence that
3promulgating a rule under this subsection as an emergency rule is necessary for the
4preservation of public peace, health, safety, or welfare and is not required to provide
5a finding of emergency for a rule promulgated under this subsection.
AB445-ASA1,5,106 (3) The department of natural resources shall appoint a committee under
7section 227.13 of the statutes to advise the department concerning rules to be
8promulgated under this act. The department shall ensure that the members of the
9committee represent property owners, contractors, lake associations, local
10governments, and other persons interested in issues related to piers and boat hoists.
AB445-ASA1, s. 8 11Section 8. Effective date.
AB445-ASA1,5,1312 (1) This act takes effect on the first day of the 4th month beginning after
13publication.
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