30.13 Annotation
When a DNR decision prohibited a structure under s. 30.13 and the riparian owner did not seek review under s. 227.20, 1983 stats., [now 227.57], the trial court had no jurisdiction to hear an action by the owner seeking a declaration that the structure was a "pier" permitted under s. 30.13. Kosmatka v. DNR,
77 Wis. 2d 558,
253 N.W.2d 887.
30.13 Annotation
In considering whether a proposed structure is detrimental to the public interest, the DNR is authorized to weigh relevant policy factors including the preservation of the natural beauty of the state's waters, the public's fullest use of the waters and the convenience of riparian owners. Sterlingworth Condominium Association v. DNR,
205 Wis. 2d 710,
556 N.W.2d 702 (Ct. App. 1996).
30.13 Annotation
The permitting criteria under DNR rules are supplemental to the criteria under sub. (1). To escape the requirement of obtaining a permit, the requirements of both the statute and rules must be met. Sea View Estates Beach Club, Inc. v. DNR,
223 Wis. 2d 138,
588 N.W.2d 667 (Ct. App. 1998).
30.131
30.131
Wharves and piers placed and maintained by persons other than riparian owners. 30.131(1)
(1) Notwithstanding
s. 30.133, a wharf or pier of the type which does not require a permit under
ss. 30.12 (1) and
30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:
30.131(1)(a)
(a) The owner of the riparian land or the owner's predecessor in interest entered into a written easement that was recorded before December 31, 1986, and that authorizes access to the shore to a person who is not an owner of the riparian land.
30.131(1)(b)
(b) The person to whom the easement was granted or that person's successor in interest is the person who places and maintains the wharf or pier.
30.131(1)(c)
(c) The placement and maintenance of the wharf or pier is not prohibited by and is not inconsistent with the terms of the written easement.
30.131(1)(d)
(d) The wharf or pier has been placed seasonally in the same location at least once every 4 years since the written easement described in
par. (a) was recorded.
30.131(1)(e)
(e) The wharf or pier is substantially the same size and configuration as it was on April 28, 1990, or during its last placement before April 28, 1990, whichever is later.
30.131(1)(f)
(f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter and with any applicable municipal regulations or ordinances.
30.131(2)
(2) Notwithstanding
s. 30.133, an easement under
sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.
30.131 History
History: 1989 a. 217;
1993 a. 167.
30.133
30.133
Prohibition against conveyance of riparian rights. 30.133(1)(1) Beginning on April 9, 1994, no owner of riparian land that abuts a navigable water may convey, by easement or by a similar conveyance, any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material in the navigable water.
30.133(2)
(2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project.
30.133 History
History: 1993 a. 167.
30.134
30.134
Use of exposed shore areas along streams. 30.134(1)(a)
(a) "Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.
30.134(1)(b)
(b) "Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.
30.134(1)(d)
(d) "Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.
30.134(1)(e)
(e) "Water-related recreational activity" means a recreational activity that requires a body of water and includes swimming, fishing and boating.
30.134(2)
(2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity.
30.134(3)
(3) Restrictions; members of public. 30.134(3)(a)(a) In engaging in a water-related recreational activity in the exposed shore area of a stream, as authorized under
sub. (2), a member of the public may not do any of the following:
30.134(3)(a)2.
2. Place a structure or object on the exposed shore area that remains after the person leaves the exposed shore area.
30.134(3)(a)5.
5. Remove or damage any object that was placed on the exposed shore area by the riparian.
30.134(3)(a)7.
7. Enter the exposed shore area except from the water in the stream, from a point of public access on the stream or with the permission of the riparian.
30.134(3)(b)
(b) Paragraph (a) 4. and
5. does not apply to removal or damage that is caused by normal wear or tear.
30.134(3)(c)
(c) Use of an exposed shore area of a stream by members of the public does not grant an easement or other right to the exposed shore area that is greater than the right granted to the public under this section.
30.134(4)
(4) Restrictions; riparians; others. 30.134(4)(a)(a) No riparian may prohibit a member of the public from using, as authorized under this section, an exposed shore area of a stream.
30.134(4)(b)
(b) No riparian may charge a fee for the use, as authorized under this section, of an exposed shore area of a stream.
30.134(4)(c)
(c) No person may obstruct a highway with the intention to impede or prohibit access by the public to an exposed shore area of a stream.
30.134(5)
(5) Exceptions. The right granted to the public to engage in recreational activities on an exposed shore area of a stream does not apply to any of the following:
30.134(5)(a)
(a) An exposed shore area of an impoundment on a stream.
30.134(5)(c)
(c) Any location on a stream where there is no surface water flowing in the stream.
30.134 History
History: 1999 a. 9.
30.135
30.135
Regulation of water ski platforms and jumps. 30.135(1)(a)(a) A riparian proprietor may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:
30.135(1)(a)1.
1. The platform or jump does not interfere with public rights in navigable waters.
30.135(1)(a)2.
2. The platform or jump does not interfere with rights of other riparian proprietors.
30.135(1)(a)3.
3. The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.
30.135(1)(b)
(b) If the department determines that any of the requirements under
par. (a) are not met, the riparian owner shall submit a permit application to the department.
30.135(2)(a)(a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.
30.135(2)(b)
(b) If the department receives no substantive written objection to the permit and proceeds on the permit application without a hearing, the department shall approve or disapprove the permit within 5 days after the date that the 30-day period under
par. (a) expires.
30.135(2)(c)
(c) If the department orders a hearing on the permit application, the hearing shall be scheduled within 30 days after the date on which the department orders the hearing. The division of hearings and appeals shall mail copies of the written notice of the hearing at least 10 days before the hearing to each person provided the notice under
par. (a). The division of hearings and appeals shall mail the copies at least 10 days before the hearing except that it shall mail the copy to the applicant for the permit at least 20 days before the hearing. The applicant shall publish the notice as a class 1 notice under
ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of the publication with the hearing examiner at or prior to the hearing.
30.135(3)(a)(a) The department shall promulgate a rule listing specific reasons that will support a substantive written objection to the placement of a water ski platform or water ski jump.
30.135(3)(b)
(b) The department shall promulgate rules specifying the information that shall be disclosed in a notice under
sub. (2) (a). The disclosed information shall include all of the following:
30.135(3)(b)1.
1. A statement explaining what constitutes a substantive written objection and the list of specific reasons that support a substantive written objection that is promulgated under
par. (a).
30.135(3)(b)2.
2. The fact that the department may decide to proceed on the application without a hearing.
30.135(3)(b)3.
3. The fact that a decision to proceed on an application without a hearing under
subd. 2. is subject to review under
ch. 227.
30.135(4)
(4) Exemption. Section 30.02 does not apply to permit applications submitted under this section.
30.135 History
History: 1997 a. 27.
30.14
30.14
Reports of and hearings on violations. 30.14(1)(1)
Municipalities to report violations. The governing body of each municipality shall promptly report to the department every violation of
s. 30.12 or
30.13 which occurs or which it has reason to believe is likely to occur within the municipal boundaries.
30.14(2)
(2) Hearings by department. Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable water in violation of
s. 30.12 or
30.13 or
30.207 or that any wharf, pier or other structure proposed to be built in navigable water will violate
s. 30.12 or
30.13 or
30.207, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
30.14 History
History: 1987 a. 374;
1997 a. 174.
30.15
30.15
Penalty for unlawful obstruction of navigable waters. 30.15(1)(1)
Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense:
30.15(1)(a)
(a) Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.
30.15(1)(b)
(b) Unlawfully places in navigable waters or in any tributary thereof any substance that may float into and obstruct any such waters or impede their free navigation.
30.15(1)(c)
(c) Constructs or maintains in navigable waters, or aids in the construction or maintenance therein, of any boom not authorized by law.
30.15(1)(d)
(d) Constructs or places any structure or deposits any material in navigable waters in violation of
s. 30.12 or
30.13.
30.15(3)
(3) Each day a separate violation. Each day during which an obstruction, deposit or structure exists in violation of
sub. (1) is a separate offense.
30.15 History
History: 1987 a. 374.
30.15 Annotation
When a bridge obstructing navigation was necessary, reasonable, and existing before the plaintiff moved into the area, the defendant city need not abate the nuisance. Capt. Soma Boat Line v. Wisconsin Dells,
79 Wis. 2d 10,
255 N.W.2d 441.
30.15 Annotation
If an unattended and anchored boat is left on navigable water for an unreasonable length of time, it constitutes a violation. 63 Atty. Gen. 601.
30.16
30.16
Removal of obstructions to navigation. 30.16(1)(a)(a)
Removal. The governing body of any municipality in this state may cause to be removed to a convenient and safe place any watercraft or float obstructing or interfering with the free navigation of any river, canal, water channel or slip within its harbor after having given reasonable notice to the master or owner or the agent of the master or owner, if known and a resident of this state, or to the person in charge thereof, to so remove such watercraft or float. The governing body of the municipality by ordinance or resolution may authorize any harbor master or other public officer over whom it has jurisdiction to remove the obstruction, and may prescribe the officer's duties with respect thereto and the mode of carrying them into effect and may prescribe penalties for violation of such ordinance or resolution.
30.16(1)(b)
(b)
Costs of removal. All costs, charges and expenses of such removal are a first lien on such watercraft or float, which lien may be enforced in the manner provided by law. The owner of any such watercraft or float is also personally liable for such costs, charges and expenses, to be recovered by the municipality by a personal action.
30.16(2)
(2) Removal of obstructions to navigation; wharves and piers; alternative. As an alternative to the procedure specified under
sub. (1), the governing body of a city, village or town may remove that portion of a wharf or pier which constitutes an unlawful obstruction to navigation as provided under
s. 30.13 (5m).
30.16 Note
NOTE: The cross-reference to s. 30.13 (5m) was incorrectly amended by
1999 Wis. Act 150, section
4, by changing 66.0495 to 30.15 (5m), but was correctly amended by
1999 Wis. Act 150, section
672, by changing 66.0495 to 30.13 (5m). Only the correct amendment is shown. Corrective legislation is pending.
30.18
30.18
Diversion of water from lakes and streams. 30.18(2)(a)(a)
Streams. No person may divert water from a stream in this state without a permit under this section if the diversion meets either of the following conditions:
