reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.125 - Shoreline maintenance in outlying waters.

30.125
Shoreline maintenance in outlying waters.
(1)
In this section:
(a)
“Outlying waters" has the meaning given in s. 29.001 (63).
(b)
“Shoreline area" means the area that is located between the ordinary high-water mark and water's edge.
(2)
If the conditions under sub. (3) are met, the permitting requirements under ss. 23.24 (3) and 30.12 and the contract and permitting requirements under s. 30.20 do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:
(a)
The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.
(b)
The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.
(3)
All of the following conditions apply to the activities described under sub. (2):
(a)
No material may be brought in from offsite sources to conduct the activity.
(b)
No material removed from the riparian zone adjacent to the shoreline area may be used to conduct the activity.
(c)
No removal of material may be conducted in an area known to contain any species listed as endangered or threatened under s. 29.604 (3) or any floating bogs or wild rice.
(d)
The removal of material may not interfere with the rights of other riparian owners.
(e)
The removal of invasive species shall be conducted in a manner that prevents the spread of invasive species into the waters of this state and onto adjacent land.
(f)
The activity may not involve the filling of a coastal wetland or the alteration of a coastal dune.
History:  2017 a. 281.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.1255 - Report on control of aquatic nuisance species.

30.1255
Report on control of aquatic nuisance species.
(1)
Definition. In this section, “aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters or that threatens a commercial, agricultural, aquacultural or recreational activity dependent on infested waters.
(3)
Biennial reports.
(a)
The department shall submit to the legislature biennial reports describing all of the following:
1.
The current and potential economic and environmental impact of aquatic nuisance species on the waters of the state.
2.
Potential strategies to control aquatic nuisance species.
3.
Any geographical areas, public facilities or activities conducted in this state that need technical or financial assistance to reduce the environmental, public health or safety risk that may be caused by aquatic nuisance species.
(b)
The department shall submit the report required under par. (a) before October 1 of each even-numbered year as part of the corresponding biennial report under s. 23.22 (6).
History:  1991 a. 269; 1997 a. 27; 1999 a. 9; 2001 a. 109; 2009 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.131 - Wharves and piers placed and maintained by persons other than riparian owners.

30.131
Wharves and piers placed and maintained by persons other than riparian owners.
(1)
Notwithstanding s. 30.133, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:
(a)
The owner of the riparian land or the owner's predecessor in interest entered into a written easement that was recorded before December 31, 1986, and that authorizes access to the shore to a person who is not an owner of the riparian land.
(b)
The person to whom the easement was granted or that person's successor in interest is the person who places and maintains the wharf or pier.
(c)
The placement and maintenance of the wharf or pier is not prohibited by and is not inconsistent with the terms of the written easement.
(d)
The wharf or pier has been placed seasonally in the same location at least once every 4 years since the written easement described in par. (a) was recorded.
(e)
The wharf or pier is substantially the same size and configuration as it was on April 28, 1990, or during its last placement before April 28, 1990, whichever is later.
(f)
The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter and with any applicable municipal regulations or ordinances.
(2)
Notwithstanding s. 30.133, an easement under sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.
History:  1989 a. 217; 1993 a. 167.
The application of s. 30.131 is discussed. Godfrey Co. v. Lopardo, 164 Wis. 2d 352, 474 N.W.2d 786 (Ct. App. 1991).
This section does not grant rights to a nonriparian owner vis a vis a riparian owner. The statute speaks only to the lawfulness of a pier maintained under a nonriparian access easement. The terms and purpose of the easement may include the right to use and maintain the pier. Wendt v. Blazek, 2001 WI App 91, 242 Wis. 2d 722, 626 N.W.2d 78, 00-2448.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.133 - Prohibition against conveyance of riparian rights.

30.133
Prohibition against conveyance of riparian rights.
(1)
Beginning on April 9, 1994, and except as provided in s. 30.1335, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water.
(2)
This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project. This section does not apply to riparian land that is associated with an approval required for bulk sampling or mining that is required under subch. III of ch. 295.
History:  1993 a. 167; 2007 a. 20; 2009 a. 180, 352; 2013 a. 1.
Small lock boxes were not “intended for any type of independent use" within the meaning of a condominium “unit" under s. 703.02 (15) and were not valid condominium units. Without a valid condominium unit, the transfer of riparian rights purportedly attached to the condominium lock boxes was in violation of this section. ABKA Limited Partnership v. Department of Natural Resources, 2002 WI 106, 255 Wis. 2d 486, 648 N.W.2d 854, 99-2306.
This section prohibits the severing by easement or by a similar conveyance of riparian rights from the riparian lands to which they are attached, preventing the reservation of riparian rights apart from riparian land by an easement, as well as the granting of riparian rights to a nonriparian. Berkos v. Shipwreck Bay Condominium Association, 2008 WI App 122, 313 Wis. 2d 609, 758 N.W.2d 215, 06-2747.
NOTE:  The above annotated cases cite to the pre-2007 Wisconsin Act 20 version of s. 30.133. See also s. 30.1335, created by 2007 Wisconsin Act 20.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.134 - Use of exposed shore areas along streams.

30.134
Use of exposed shore areas along streams.
(1)
Definitions. In this section:
(a)
“Artificial ditch" means a ditch, channel, canal or other stream of water that has no prior history as a stream.
(b)
“Exposed shore area" means the area of the bed of a navigable body of water that is between the ordinary high-water mark and the water's edge.
(c)
“Highway" has the meaning given in s. 340.01 (22).
(d)
“Riparian" means the owner, lessee or occupant of land that abuts a navigable body of water.
(2)
Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian only if it is necessary to exit the body of water to bypass an obstruction.
(3)
Restrictions; members of public.
(a)
In using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.
(c)
Use of an exposed shore area of a stream by members of the public does not grant an easement or other right to the exposed shore area that is greater than the right granted to the public under this section.
(4)
Restrictions; riparians; others.
(a)
No riparian may prohibit a member of the public from using, as authorized under this section, an exposed shore area of a stream.
(b)
No riparian may charge a fee for the use, as authorized under this section, of an exposed shore area of a stream.
(c)
No person may obstruct a highway with the intention to impede or prohibit access by the public to an exposed shore area of a stream.
(5)
Exceptions. The right granted to the public under this section to use an exposed shore area of a stream does not apply to any of the following:
(a)
An exposed shore area of an impoundment on a stream.
(b)
Any artificial ditch.
(c)
Any location on a stream where there is no surface water flowing in the stream.
History:  1999 a. 9; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.135 - Regulation of water ski platforms and jumps.

30.135
Regulation of water ski platforms and jumps.
(1)
A riparian owner placing a water ski platform or water ski jump in a navigable waterway is exempt from the permit requirements under this chapter if all of the following requirements are met:
(a)
The platform or jump does not interfere with public rights in navigable waters.
(b)
The platform or jump does not interfere with rights of other riparian owners.
(c)
The platform or jump is located at a site that ensures adequate water depth and clearance for safe water skiing.
(2)
If the department determines that any of the requirements under sub. (1) are not met, the riparian owner shall submit an application for an individual permit to the department. The notice and hearing provisions under s. 30.208 (3) to (5) apply to the application.
History:  1997 a. 27; 2003 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.14 - Reports of and hearings on violations.

30.14
Reports of and hearings on violations.
(1)
Municipalities to report violations. The governing body of each municipality shall promptly report to the department every violation of s. 30.12 or 30.13 which occurs or which it has reason to believe is likely to occur within the municipal boundaries.
(2)
Hearings by department. Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable water in violation of s. 30.12 or 30.13 or 30.207 or that any wharf, pier or other structure proposed to be built in navigable water will violate s. 30.12 or 30.13 or 30.207, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
History:  1987 a. 374; 1997 a. 174.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.15 - Penalty for unlawful obstruction of navigable waters.

30.15
Penalty for unlawful obstruction of navigable waters.
(1)
Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense:
(a)
Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.
(b)
Unlawfully places in navigable waters or in any tributary thereof any substance that may float into and obstruct any such waters or impede their free navigation.
(c)
Constructs or maintains in navigable waters, or aids in the construction or maintenance therein, of any boom not authorized by law.
(d)
Constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12 or 30.13.
(3)
Each day a separate violation. Each day during which an obstruction, deposit or structure exists in violation of sub. (1) is a separate offense.
History:  1987 a. 374.
Municipalities have the power to construct bridges but are not authorized to construct or maintain bridges that constitute an unnecessary obstruction or hazard to the free use of navigable waters. The bridge undoubtedly is an obstruction. The question becomes, is the obstruction unnecessary or unreasonable under the circumstances. When a bridge was necessary, reasonable, and existing before the plaintiff moved into the area, the defendant city was not required to abate the obstruction. Capt. Soma Boat Line v. Wisconsin Dells, 79 Wis. 2d 10, 255 N.W.2d 441 (1977).
If an unattended and anchored boat is left on navigable water for an unreasonable length of time, it constitutes a violation. 63 Atty. Gen. 601.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.16 - Removal of obstructions to navigation.

30.16
Removal of obstructions to navigation.
(1)
Watercraft and floats.
(a)
Removal. The governing body of any municipality in this state may cause to be removed to a convenient and safe place any watercraft or float obstructing or interfering with the free navigation of any river, canal, water channel or slip within its harbor after having given reasonable notice to the master or owner or the agent of the master or owner, if known and a resident of this state, or to the person in charge thereof, to so remove such watercraft or float. The governing body of the municipality by ordinance or resolution may authorize any harbor master or other public officer over whom it has jurisdiction to remove the obstruction, and may prescribe the officer's duties with respect thereto and the mode of carrying them into effect and may prescribe penalties for violation of such ordinance or resolution.
(b)
Costs of removal. All costs, charges and expenses of such removal are a first lien on such watercraft or float, which lien may be enforced in the manner provided by law. The owner of any such watercraft or float is also personally liable for such costs, charges and expenses, to be recovered by the municipality by a personal action.
(2)
Removal of obstructions to navigation; wharves and piers; alternative. As an alternative to the procedure specified under sub. (1), the governing body of a city, village or town may remove that portion of a wharf or pier which constitutes an unlawful obstruction to navigation as provided under s. 30.13 (5m).
History:  1981 c. 252; 1991 a. 316; 1993 a. 246; 1997 a. 35; 1999 a. 150 ss. 4, 672; 2001 a. 30 s. 96.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.195 - Changing of stream courses.

30.195
Changing of stream courses.
(1)
Permit required. Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream.
(2)
Individual permits.
(a)
A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1).
(b)
The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).
(c)
The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following requirements are met:
1.
The applicant is the owner of any land upon which the change in course or straightening of the navigable stream will occur.
2.
The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the applicant's land.
3.
The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to the public interest.
4.
The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparian owners located on the stream or all of these riparian owners have consented to the issuance of the permit.
(4)
Liability for negligence. No common law liability, and no statutory liability which may be provided elsewhere in these statutes, for damages resulting from the changing of the course of or from the straightening of a stream is in any manner affected by this section, nor does this section create any liability on the part of the state for any such damages, but a person who changes the course of a stream or straightens a stream in accordance with a permit granted pursuant to this section is presumed to have exercised due care in such changing or straightening.
(7)
Application of section. This section does not apply to any of the following:
(a)
Municipal or county-owned lands in counties having a population of 750,000 or more.
(b)
Activity related to the construction, access, or operation of a new manufacturing facility located in an electronics and information technology manufacturing zone designated under s. 238.396 (1m).
History:  1987 a. 374; 2003 a. 118; 2013 a. 1; 2017 a. 58.
The elements of proof required for a conviction under sub. (1) are discussed. 67 Atty. Gen. 265.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.196 - Enclosure of navigable waters; issuance of permits to municipalities.

30.196
Enclosure of navigable waters; issuance of permits to municipalities.
A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.208 (3) to (5) if it finds that granting the permit:
(1)
Is in the public interest;
(2)
Will not violate public rights; and
(3)
Will not endanger life, health or property.
History:  1981 c. 19; 1987 a. 374; 2003 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.201 - Financial assurance for nonmetallic mining.

30.201
Financial assurance for nonmetallic mining.
(1)
If the department requires that financial assurance be provided as a condition for a permit under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:
(a)
A certificate of deposit.
(b)
An irrevocable letter of credit.
(c)
An irrevocable trust.
(d)
An escrow account.
(e)
A government security.
(f)
Any other demonstration of financial responsibility.
(2)
Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.
History:  2003 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.202 - Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers.

30.202
Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers.
(1)
Memorandum of understanding. The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
(2)
Authorization for dredging and dredge spoil disposal. If the department enters into a memorandum of understanding with the U.S. corps of engineers under sub. (1), the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under sub. (4).
(3)
Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692 or 87.30 or chs. 281 to 285 or 289 to 299 or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
(4)
Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under s. 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
History:  1981 c. 240; 1995 a. 201, 227; 1997 a. 35, 248; 2005 a. 347.
NOTE:  Chapter 240, laws of 1981, which created this section, has “legislative findings" in section 1.
NOTE:  2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.2023 - Seawalls; Wolf River and Fox River basins.

30.2023
Seawalls; Wolf River and Fox River basins.
A riparian owner is exempt from the permit requirements under s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:
(1)
The structure is a vertical wall designed to prevent land from eroding into a navigable water.
(2)
The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water.
(3)
If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.
(4)
The structure incorporates adequate bracing and anchors to ensure structural stability.
(5)
A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.
(6)
The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent the structure from failing.
(7)
The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.
(8)
The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft.
(9)
The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:
(a)
The natural topography of the bank of the navigable water.
(b)
A point that is 4 feet above the ordinary high-water mark of the navigable water.
(c)
The minimum height required to prevent overtopping by wave action.
History:  2003 a. 118 ss. 42, 43.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.2035 - Shoreline protection study.

30.2035
Shoreline protection study.
The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department's findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under s. 227.15 (1) no later than 7 months after the study is completed.
History:  1993 a. 421.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.2037 - Big Silver Lake high-water mark.

30.2037
Big Silver Lake high-water mark.
The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.2038 - Milwaukee shoreline established.

30.2038
Milwaukee shoreline established.
(1)
(a)
The shoreline of Lake Michigan in the city of Milwaukee is fixed and established to extend from approximately the line of East Lafayette Place extended easterly on the north to the present north harbor entrance wall of the Milwaukee River on the south as specified in an agreement between the Chicago and Northwestern Railway Company and the city of Milwaukee recorded with the office of the register of deeds of Milwaukee County on April 23, 1913, in volume 662, pages 326-330, as document number 762955.
(b)
The shoreline described under par. (a) constitutes the boundary line between the lake bed of Lake Michigan and land that is not part of the lake bed of Lake Michigan.
(2)
Any restrictions, conditions, reverters, or limitations imposed on the use of land or conveyance of land under chapter 358, laws of 1909, chapter 389, laws of 1915, chapter 284, laws of 1923, chapter 150, laws of 1929, chapter 151, laws of 1929, chapter 516, laws of 1929, chapter 381, laws of 1931, chapter 76, laws of 1973, 1985 Act 327, and any other act conveying a part of the lake bed of Lake Michigan do not apply to land located to the west of the shoreline described under sub. (1) (a).
(3)
The declarations under sub. (1) are made in lieu of, and have the same effect as, a final judgment entered by a court under ch. 841.
History:  2013 a. 20, 140.
NOTE:  2013 Wisconsin Act 140, section 2, contains legislative declarations and findings.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.204 - Lake acidification experiment.

30.204
Lake acidification experiment.
(1)
Authorization. Between May 15, 1984, and January 1, 2008, the department is authorized to conduct a lake acidification experiment on the lake specified under sub. (2).
(2)
Lake selection. The department shall select Little Rock Lake in the town of Arbor Vitae, Vilas County, township 41 north, range 6 east, for the lake acidification experiment.
(3)
Experiment. In conducting the lake acidification experiment, the department shall deny access to and prohibit navigation on the lake by posted notice, may place a barrier or dyke across the lake, may place chemicals or other substances in the lake and may take other actions necessary for the experiment.
(4)
Restoration.
(a)
Before artificially acidifying the lake, the department shall establish an escrow account containing sufficient funds to restore the lake and its aquatic life as provided under par. (c).
(b)
After the department has artificially acidified the lake, it may allow and monitor the natural restoration of the lake and its aquatic life as part of the experiment.
(c)
At the conclusion of the experiment or in the event of an unanticipated occurrence that requires that the lake be restored before the conclusion of the experiment, the department shall do all of the following to the fullest extent possible given available technology:
1.
Artificially restore the lake to its original acid level if the lake has not been naturally restored to the original acid level during the experiment.
2.
Artificially reestablish the lake's aquatic life if the aquatic life has not been naturally reestablished during the experiment.
(5)
Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95 or 299.97 or chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.
(6)
Compliance with environmental impact statute. The department shall comply with the requirements under s. 1.11 in conducting the experiment authorized by this section. The department shall initiate compliance by preparing and reviewing, under the procedures it has established under s. 1.11, an environmental assessment for this experiment.
History:  1983 a. 421; 1985 a. 135 s. 85; 1989 a. 335; 1991 a. 39; 1995 a. 201, 227, 258; 1997 a. 35, 248; 2001 a. 16.
NOTE:  1983 Wis. Act 421, which created this section, has “legislative findings" in section 1.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.205 - Water resources development projects.

30.205
Water resources development projects.
The department may cooperate with and enter into agreements with the appropriate federal agencies for the purpose of constructing, maintaining and operating water resources development projects. Such agreements may contain any indemnification provisions required by federal law.
History:  1987 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.2095 - Limits and conditions for permits and contracts.

30.2095
Limits and conditions for permits and contracts.
(1)
(a)
Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.
(b)
The department may specify a time limit of less than 3 years for an individual permit or contract issued under ss. 30.01 to 30.29. The department shall extend the time limit for an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.
(2)
For good cause, the department may modify or rescind any permit or contract issued under ss. 30.01 to 30.29 before its expiration.
History:  1987 a. 374; 2003 a. 118 s. 15; Stats. 2003 s. 30.2095; 2011 a. 167.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.24 - Bluff protection.

30.24
Bluff protection.
(1)
Definitions. In this section:
(a)
“Obligate" has the meaning given in s. 23.0917 (1) (e).
(b)
“Protect" includes to restore.
(2)
Authorization. For the purposes of protecting bluff land, the department may expend money from the appropriation under s. 20.866 (2) (ta) for a program under which the department may do all of the following:
(a)
Acquire bluff land or interests in bluff land along the Great Lakes.
(b)
Award grants to nonprofit conservation organizations to acquire these lands or interests under s. 23.096.
(3)
Ban on location restrictions. In exercising its authority under sub. (2) (a), the department may not limit acquisitions of bluff lands to bluff lands that are within the boundaries of projects established by the department.
(4)
Limit on grants. Except as provided in s. 23.096 (2m), a grant awarded under this section or under s. 23.096 to protect bluffs may not exceed 50 percent of the acquisition costs.
(5)
Rules. The department shall promulgate rules to administer and implement this section, including standards for awarding grants to protect bluffs under this section and under s. 23.096 grants. The department by rule shall define “bluff land" for purposes of this section.
History:  1999 a. 9; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.25 - Wolf River protection.

30.25
Wolf River protection.
(1)
Except as provided under sub. (2), no person may make any effort to improve the navigation on the Wolf River north of the southern boundary of Shawano County nor shall any dam be authorized for construction in that portion of the Wolf River. Any permit issued or in effect by virtue of or under authority of any order or law authorizing the construction of any dam in the Wolf River in Langlade County is void. This declaration does not affect permits for or the operation or maintenance of any dam in existence on August 24, 1963.
(2)
A person may engage in a minor dredging project to improve access to or to improve the aesthetics of the Wolf River in Shawano County if a permit issued by the department under s. 30.20 authorizes the project.
History:  1987 a. 374.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.255 - Florence Wild Rivers Interpretive Center.

30.255
Florence Wild Rivers Interpretive Center.
Beginning with fiscal year 2007-08, the department shall provide a grant in the amount of $27,000 in each fiscal year to the Florence Wild Rivers Interpretive Center to be used for park and recreation uses, forestry education, and tourist information provided by the center and for its operational costs.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.265 - Adopt a river program.

30.265
Adopt a river program.
The department shall establish an adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. The department shall keep records of information related to the program, including the pounds of rubbish collected, the number of volunteer hours provided, and descriptions of the debris found. The department shall publicly recognize volunteers who participate in the program.
History:  2001 a. 16, 104.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.275 - Scenic urban waterways.

30.275
Scenic urban waterways.
(1)
Legislative intent. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state's tourist industry, it is the intent of the legislature to improve some rivers and their watersheds. For this purpose a system of scenic urban waterways is established, but no river shall be designated as a scenic urban waterway without legislative act.
(2)
Designation. The following waters are designated scenic urban waterways and shall receive special management as provided under this section:
(a)
The Illinois Fox River and its watershed and the Fox River, extending from Lake Winnebago to Green Bay, and its watershed.
(b)
The Rock River consisting of all of the following:
1.
The river from the point that the river flows into the city of Watertown to the point that it flows out of the city of Watertown.
2.
The river from the point it flows into the city of Jefferson to the point it flows out of the city of Fort Atkinson.
3.
The river from the point it flows into the city of Janesville to the Illinois border.
(3)
Duties of department. The department in connection with scenic urban waterways shall:
(a)
Provide active leadership in the development of a practical management policy.
(b)
Consult with other state agencies and planning committees and organizations.
(c)
Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
(d)
Administer the management program.
(e)
Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
(f)
Act as coordinator under this section.
(g)
Develop the Wisconsin Fox River scenic urban waterway, as designated in sub. (2), as a historic and recreational site.
(4)
Department authority. The department in connection with scenic urban waterways may:
(a)
Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
(b)
Lay out and develop scenic drives.
(c)
Undertake projects to improve surface water quality and surface water flow.
(d)
Provide grants to municipalities, lake sanitary districts, as defined in s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under pars. (a) to (c).
History:  1983 a. 410; 1985 a. 29; 1987 a. 399; 1989 a. 31, 336, 352, 359; 1995 a. 349; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.285 - Records of exemptions and permitted activities.

30.285
Records of exemptions and permitted activities.
(1)
On an annual basis, the department shall keep records of all of the following:
(a)
The number of exempted activities that are conducted under ss. 30.12 (1g) and (1k), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.
(b)
The number of exemptions under par. (a) for which the department required applications for individual permits or contracts.
(c)
The number of exemptions under par. (a) for which the department required applications to seek authorizations to proceed under general permits.
(d)
The number of activities that are authorized under general permits for which the department requires applications for individual permits or contracts.
(e)
The number of piers and wharves for which the department issued a permit authorizing the configuration of the pier or wharf under s. 30.12 (1j) (c).
(2)
For each record kept under sub. (1) (b) to (e), the department shall include all of the following:
(a)
The type of permit or contract application required.
(b)
The date of the application.
(c)
The date of the department's decision whether to issue the individual permit, grant authorization under the general permit, or to grant the contract.
(d)
The county in which the activity or project is located.
History:  2003 a. 118; 2005 a. 253; 2007 a. 204.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.291 - Inspections for certain exemptions and permitted activities.

30.291
Inspections for certain exemptions and permitted activities.
(1)
For purposes of determining whether an exemption is appropriate under s. 30.12 (1k), (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is appropriate under s. 30.206 (3), or whether authorization to proceed under a general permit is appropriate under s. 30.206 (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.
(3)
The department shall provide reasonable advance notice, before entering the site and inspecting the property.
(4)
If the owner of the site refuses to give consent for an entry and inspection to determine whether authorization to proceed under a general permit is appropriate under s. 30.206 (3r), the department shall deny authorization to proceed under the general permit and shall allow an application to be submitted for an individual permit for the activity.
History:  2003 a. 118; 2007 a. 204.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.292 - Parties to a violation.

30.292
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person does any of the following:
(a)
Directly commits the violation.
(b)
Aids and abets the commission of the violation.
(c)
Is a party to a conspiracy with another to commit the violation or advises, hires, counsels or otherwise procures any person to commit it.
History:  1987 a. 374.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.294 - Nuisances, abatement.

30.294
Nuisances, abatement.
Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person.
History:  1987 a. 374.
A citizen may bring suit under this section, pursuant to the public trust doctrine, directly against a private party for abatement of a public nuisance when the citizen believes that the department of natural resources has inadequately regulated the private party. When a municipality is a defendant, filing a notice of claim under s. 893.80 (1) (b) is not required if an injunction is sought under this section, whether or not the injunction will be directed against the municipality. Gillen v. City of Neenah, 219 Wis. 2d 806, 580 N.W.2d 628 (1998), 96-2470.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.298 - Penalties.

30.298
Penalties.
(1)
Any person who violates any provision of ss. 30.12 to 30.21 for which a penalty is not provided under the applicable section or by sub. (2) or (3) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
(2)
Any person who violates s. 30.18 (2) (a) 1. or 30.195 (1) shall forfeit not less than $500 nor more than $10,000 for the first offense and shall forfeit not less than $1,000 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
(3)
Any person who violates a general permit under s. 30.206 or 30.2065 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.
(4)
A violation of a permit, contract or order issued under this chapter is a violation of the statute under which the permit, contract or order was issued.
(5)
In addition to the forfeitures specified under subs. (1) to (3), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.
History:  1987 a. 374; 2003 a. 118; 2009 a. 391.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.33 - Harbor railway belt lines.

30.33
Harbor railway belt lines.
(1)
Board to have powers of railroad corporation. Any municipality operating a public harbor through a board of harbor commissioners may, through such board, construct, maintain or operate railway facilities or a harbor belt line connecting various harbor facilities with one another or with other railroads within the municipality or its vicinity. The board of harbor commissioners is granted all of the rights, powers and privileges conferred upon railroad corporations by ss. 190.02 and 190.025 (3), except such rights, powers and privileges as are conferred upon railroad corporations by s. 190.02 (9). Such facilities or belt line may be constructed, maintained or operated partly outside the corporate limits of the municipality. In constructing, maintaining or operating such facilities or belt line, the board of harbor commissioners has the powers and privileges of railroad corporations and shall be subject to the same restrictions as railroad corporations and to the supervision of the office of the commissioner of railroads, except as to the system of accounting and the payment of wages to employees.
(2)
Municipality may organize harbor railway corporation. Any municipality mentioned in sub. (1) may, with the consent of its board of harbor commissioners, organize a railroad corporation for the purpose of constructing, maintaining or operating a harbor belt line or may subscribe for stock in an existing railroad corporation organized for such purpose. If the municipality decides to organize a railroad corporation for such purpose, the governing body thereof may, by resolution, authorize the chief executive officer or presiding officer of such municipality to act, together with 4 citizens to be designated by the officer, as incorporators of such company. Such incorporators shall proceed to incorporate the railroad corporation in accordance with chs. 190 to 192, so far as applicable. Such harbor railroad corporation is subject to the supervisory and regulatory powers of the office of the commissioner of railroads to the same extent as other railroad corporations. The municipality may subscribe to the stock of such harbor railroad corporation and may pay for such stock out of any funds it may lawfully have available for that purpose, including the proceeds of harbor improvement bonds.
History:  1977 c. 29 s. 1654 (9) (f); 1977 c. 273; 1981 c. 347 s. 80 (2); 1993 a. 16, 123; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 30 - Navigable waters, harbors and navigation. › 30.41 - Creation.

30.41
Creation.
(1)
There is created a Lower Wisconsin State Riverway consisting of land as designated by the natural resources board.
(2)
The department shall publish as an appendix to ch. NR 45, Wis. adm. code, a map and a description of the riverway.
History:  1989 a. 31.