30.12 Structures and deposits in navigable waters.

1,958 words·~9 min read·/wi/chapter-30/30-12-6

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

(1)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 do any of the following:

(a)Deposit any material or place any structure upon the bed of any navigable water where no bulkhead line has been established.

(b)Deposit any material or place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

(1g)Exemptions. A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the riparian rights of other riparian owners, and is any of the following:

(a)A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that is associated with any activity or project that is exempt from an individual permit or a general permit under this subchapter.

(am)A deposit of sand, gravel, or stone that is necessary to perform an activity authorized under s. 30.125

(a).

(b)A structure, other than a pier or a wharf, that is placed on a seasonal basis in accordance with rules promulgated by the department.

(c)A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

(d)A bird nesting platform, wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

(e)A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner’s pier or wharf or to the shoreline on the riparian owner’s property, in accordance with rules promulgated by the department.

1. A pier or wharf to which all of the following apply:

a. It is no more than 6 feet wide.

b. It extends no further than to a point where the water is 3 feet at its maximum depth as measured at summer low levels, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from the shoreline.

c. It has no more than 2 boat slips for the first 50 feet of the riparian owner’s shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner’s shoreline footage.

2. Notwithstanding the width limitation in subd. 1. , a pier may have an area as a loading platform that is more than 6 feet wide if the surface area of the platform does not exceed 200 square feet.

(g)An intake structure and pipe that is placed on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.

(h)A piling that is driven into the bed of a navigable water adjacent to the owner’s property for the purpose of deflecting ice, protecting an existing or proposed structure, or providing a pivot point for turning watercraft.

(i)Riprap in an amount not to exceed 100 linear feet that is placed to replace existing riprap located in an inland lake or Great Lakes water body and that includes the replacement of filter fabric or base substrate.

(j)Riprap in an amount not to exceed 300 linear feet that is placed to repair existing riprap located in an inland lake or Great Lakes water body, and that consists only of the placement of additional rock or the redistribution of existing rock within the footprint of the existing riprap.

(jm)Riprap in an amount not to exceed 200 linear feet that is placed in a river or inland lake, or in an amount not to exceed 300 linear feet that is placed in a Great Lakes water body, and to which all of the following apply:

1. The riprap is clean fieldstone or quarry stone with a diameter of no less than 6 inches and no greater than 48 inches.

2. The toe of the riprap does not extend more than 8 feet waterward of the ordinary high-water mark.

3. The final riprap slope is not steeper than one foot horizontal to 1.25 feet vertical.

4. The riprap does not reach an elevation higher than 36 inches above the ordinary high-water mark or above the storm-wave height, as calculated using a method established by the department by rule, whichever is higher.

5. No fill material or soil is placed in a wetland and, aside from riprap and, under subd. 7. , gravel, no fill material or soil is placed below the ordinary high-water mark of any navigable waterway.

6. The riprap follows the natural contour of the shoreline.

7. Filter fabric or clean-washed gravel is used as a filter layer under the riprap.

(k)A biological shore erosion control structure, as defined by rule by the department.

(km)An intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.

(m)A structure or deposit that is related to the construction, access, or operation of a new manufacturing facility in a navigable stream located in an electronics and information technology manufacturing zone designated under s. 238.396

(1m).

(1h)Personal watercraft secured to piers allowed. A riparian owner may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the riparian owner’s shoreline footage and one additional personal watercraft for each additional 50 feet of the riparian owner’s shoreline footage without affecting the riparian owner’s eligibility for an exemption under sub.

(f). For the purpose of this subsection, “personal watercraft” has the meaning given in s. 30.50

(9d).

(1j)Boat slips for certain piers and wharves.

(a)Subject to pars.

(b)and

(c), the riparian owner or owners of a property that is adjacent to a lake of 50 acres or more and on which there are 3 or more dwelling units or on which there are commercial structures may, in lieu of placing a pier or wharf described under sub.

(f), place a pier or wharf that has either of the following number of boat slips, whichever is smaller:

1. Four boat slips for the first 50 feet of the property’s shoreline footage and no more than 2 boat slips for each additional 50 feet of the property’s shoreline footage.

2. One boat slip for each dwelling unit, plus an additional number of boat slips if the additional slips are open to the public and the use of the additional slips is limited to the transient docking of boats for less than 24 hours.

(b)If the riparian owner or owners of a property described in par.

(a)are eligible to place a pier or wharf with the number of boat slips specified in par.

(a), the pier or wharf must be located in an area other than an area of special natural resource interest, may not interfere with the riparian rights of other riparian owners, and must meet all of the requirements for the placement of the pier or wharf specified under sub.

(f)except for the limitation on the number of boat slips allowed under sub.

(f).

(c)If the riparian owner or owners of a property described in par.

(a)are eligible and propose to place a pier or wharf with the number of boat slips specified in par.

(a), the riparian owner or owners shall apply to the department for an individual permit under s. 30.208 authorizing the configuration of the pier or wharf unless the configuration is authorized by the department under a general permit under s. 30.206 . The department may not deny the permit on the basis of the number of slips proposed by the riparian owner or owners if the number of slips proposed does not exceed the number allowed under par.

(a). A riparian owner or owners who apply for a permit under this paragraph shall be presumed to be entitled to the number of slips allowed under par.

(a).

(1k)Exemption for certain structures.

(a)In this subsection, “structure” means a pier, wharf, boat shelter, boat hoist, or boat lift.

(b)In addition to the exemptions under sub.

(1g), a riparian owner of a pier or wharf that was placed on the bed of a navigable water before April 17, 2012, is exempt from the permit requirements under this section unless any of the following applies:

1m. The department notified the riparian owner before August 1, 2012, that the pier or wharf is detrimental to the public interest.

2. The pier or wharf interferes with the riparian rights of other riparian owners.

(cm)The department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:

1. A structure for which the department has issued a permit under this section, if the structure is in compliance with that permit.

2. A structure for which the department has issued a written authorization, if the structure is in compliance with that written authorization.

3. A structure that is exempt under par.

(b).

(e)A riparian owner who is exempt under par.

(b)from the permit requirements under this section or who is exempt under par.

(cm)from enforcement action under this chapter may do all of the following:

1. Repair and maintain the exempt structure without obtaining a permit from the department under this section unless the owner enlarges the structure.

2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf.

(f)If the department determines that the owner of a structure is not entitled to an exemption under this subsection, the owner may bring an action for declaratory judgment under s. 806.04 in the circuit court for the county in which the riparian property is located. The owner is not entitled to a contested case hearing or judicial review under ch. 227 .

(1m)Duck Creek Drainage District structures and deposits. A structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District is exempt from the permit requirements under this section if either of the following applies:

(a)The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the structure or deposit.

(b)The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

(1n)Floating toilet facilities.

(a)In this subsection, “national park service” means the national park service, federal department of the interior.

(b)The placement of a pier that meets all of the following requirements is exempt from the permit requirements under this section:

1. The pier contains a floating toilet facility that meets technical specifications approved by the national park service for floating toilet facilities.

2. The pier is owned and placed by the national park service along a federally owned shoreline in a federally administered area of the St. Croix National Scenic Riverway.