88.31 Special procedure in cases affecting navigable waters.

409 words·~2 min read·/wi/chapter-88/88-31

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

(1)If it is necessary to enter upon any waters that may be navigable, or to acquire and remove any dam or obstruction from the waters, or to clean out, widen, deepen or straighten any stream that may be navigable, the board shall file with the department of natural resources an application for a permit to do the work. The board shall file with the application any information that the board or the department of natural resources considers necessary. The department shall specify by rule the information to be included in an application. The application shall state that the public health or welfare will be promoted by the removal of the dam or other obstruction or by the straightening, cleaning out, deepening or widening of the waters and that other public rights in and public uses of the waters will not be materially impaired. The application shall be duly verified.

(2)Upon receipt of the application the department of natural resources shall fix a time and place for a hearing on the application, not less than 3 nor more than 8 weeks from the date of filing, at a place convenient to the interested parties. If the application is for a permit to remove a dam, notice of the hearing shall be given to all interested persons as provided by s. 31.06 . In all other cases, the department shall direct the applicant to give notice under s. 88.05

(b)to the persons specified in s. 88.05

(b).

(3)At the hearing on the application, all interested persons may appear and be heard. The department also may make an independent investigation of the situation.

(4)Upon the conclusion of the hearing and investigation, the department of natural resources shall grant the permit if it finds:

(a)That the public health and welfare will be promoted by the proposed removal of the dam or other obstructions or by the proposed straightening, cleaning out, deepening or widening of such waters; and

(b)That the proposed work is necessary to the proper operation of the proposed drainage system; and

(c)That the proposed work will not materially impair the navigability of any such waters and will not materially impair any other public right in or public uses of such waters. The enjoyment of natural scenic beauty is declared to be a public right to be considered along with other public rights.