170.12 Sunken logs on submerged state lands.

738 words·~3 min read·/wi/chapter-170/170-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Board” means the board of commissioners of public lands.

(b)“Log” means a portion of the trunk of a felled tree which has not been further processed for any end use, including any portion of a trunk of a tree previously used in substantially its natural state as part of a dock or crib but that is no longer part of a dock, a crib or any discernible structure, or is part of the debris field of a dock or crib.

(c)“Resident of this state” means an individual who maintains a residence, as described in s. 6.10

(1), in this state, or a corporation, partnership, association or other legal entity that maintains an office in this state and in which at least 50 percent of the ownership interest is held by one or more individuals who maintain a residence, as described in s. 6.10

(1), in this state.

(2)Title to sunken logs. The state reserves to itself title and ownership of all logs resting on submerged lands owned by the state.

(3)Application to remove sunken logs on certain submerged lands. A person wishing to raise and remove logs that are resting on submerged lands owned by the state and that are located in Lake Michigan, Lake Superior, Star Lake in Vilas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River shall make application to the board for a permit to do so. Unless the applicant has received a permit under this section prior to October 14, 1997, the applicant shall include with the application a performance bond in the amount of at least $10,000. The application shall do all of the following:

(a)Identify the boundaries of the location where the sunken logs will be raised.

(b)Specify the time period during which the sunken logs will be raised.

(c)Specify the methods to be used in raising the sunken logs, including any techniques with the potential to disturb lake bed material.

(d)Describe, in detail, the applicant’s plans for the use and disposition of any logs raised.

(e)Certify that the applicant is a resident of this state.

(em)Include the information required under sub.

(3m).

(f)Include any additional information required by the board.

(g)Be accompanied by a $500 application fee, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44 .

(3m)Social security and federal employer identification numbers.

(a)In addition to the information required under sub.

(3), the application under sub.

(3)shall include all of the following:

1. If the applicant is an individual and has a social security number, the applicant’s social security number.

1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

2. If the applicant is not an individual, the applicant’s federal employer identification number.

(b)The board may not disclose any information received under par.

(a)1. or 2. to any person except as follows:

1. The board may disclose information under par.

(a)1. or 2. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227 .

2. The board may disclose information under par.

(a)1. or 2. to the department of children and families in accordance with a memorandum of understanding under s. 49.857 .

(4)Review by other agencies. Upon receipt of an application under sub.

(3), the board shall immediately transmit copies of the application to the department of natural resources and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following applies:

(a)The proposed project appears to require a permit under s. 30.20 .

(b)The proposed project appears to require a permit under s. 44.47 .