30.19 Enlargement and protection of waterways.

397 words·~2 min read·/wi/chapter-30/30-19-3

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

(1b)Definition. In this section:

(a)“Artificial water body” means a body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

(b)“Bank” means either of the following:

1. Land area that is, in size, the greater of the following:

a. The portion of land surface that extends 75 feet landward from the ordinary high-water mark of any navigable waterway.

b. The portion of land surface extending landward from the ordinary high-water mark of any navigable waterway to the point where the slope is less than 12 percent.

2. A bank as determined by the department by rule under sub.

(1d).

(c)“Priority navigable waterway” means any of the following:

1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15 .

2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream.

3. A lake that is less than 50 acres in size.

4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule.

(1c)Definition; applicability. The definition of “bank” under sub.

(1b)does not apply after the 90th day after the day the rule under sub.

(1d)is submitted to legislative council staff under s. 227.15

(1)or the day that the rule promulgated under sub.

(1d)goes into effect, whichever is earlier.

(1d)Rules; banks of navigable waterways.

(a)The department shall promulgate a rule to determine what constitutes a bank for purposes of this section in accordance with all of the following:

1. For priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

a. The portion of land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 300 feet.

b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 10 percent.