30.2039 Great Lakes and river waterfront property.

553 words·~3 min read·/wi/chapter-30/30-2039

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

(1)Definitions. In this section:

(a)“Concession” means a private allowable use that is a structure or facility that provides lodging, restaurant and food and beverage services, or retail services supporting the public interest in navigable waters and that support public access and use of navigable waters.

(b)“Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay.

(c)Notwithstanding s. 30.01

(4), “municipality” means a city or village.

(d)“Public use” means public access and use, including the provision of, access to, and use of parkland, trails and roads, and public recreational facilities.

(e)“Record title holder” means a person with a claim of ownership of property based on a recorded conveyance of an ownership interest in the property.

(f)“Upland” means property that remained at an elevation above the current ordinary high water mark from December 9, 1977, to March 29, 2024, other than for temporary maintenance activities or because of accretion or reliction.

(2)Waterfront development plan.

(a)Authority. A municipality may create a waterfront development plan with respect to parcels that include land that may have been part of a riverbed or that may have been part of the submerged bed of a Great Lakes water at the time of statehood.

(b)Elements of the plan. A municipality shall include all of the following information in a waterfront development plan under this subsection:

1. A map identifying parcels of land that are subject to the proposed plan area.

2. An approximate delineation of the shoreland at statehood based on existing government survey maps.

3. A delineation of upland areas. In determining whether portions of the proposed plan area are upland, the municipality may use photographs, survey data, publicly available global positioning system mapping, geographic information system mapping, or other documentation.

4. A delineation of any area that is subject to a lake bed grant or a submerged land lease, a bulkhead line established under s. 30.11 , or a shoreline established under s. 30.2038 .

5. An overall plan for the development of the proposed plan area, including a map showing areas that will be dedicated to the public for public use and areas that will allow for private uses. The boundary between the proposed public use areas and remaining areas shall be surveyed and delineated on the map under subd. 1.

6. A description of areas and types of proposed public use consistent with the standards established under par.

(d)and any restrictions on public use to be proposed for safety or security reasons. The plan shall describe how the public use areas will be accessible to the public.

7. A plan for implementing and enforcing the development and perpetual maintenance of the public use areas, including appropriate ordinances. The plan shall require that the record title owner grant an easement to the department ensuring that future use of public use areas will be consistent with the plan and shall include appropriate mechanisms for department enforcement.

(c)Plan review.

1. The municipality shall consult with any record title holders within the plan area proposed under par.

(b)prior to approval by the municipality.

2. Upon adoption of the waterfront development plan by the municipality, the municipality shall provide the plan to the department for review and approval.