AB 421

This bill provides certain persons with immunity from civil liability for damage

or injury caused by the placement of a structure in a navigable water or wetland.

Under the bill a person is immune from civil liability if the person is authorized, or

acts under the direction of a person who is authorized, to place the structure in the

navigable water or wetland in accordance with a permit or other approval issued by

the Department of Natural Resources (DNR). A person is also immune from civil

liability if DNR has determined that the person is exempt from the requirement to

obtain a permit or other approval from DNR to place the structure in the navigable

water or wetland or the person is acting under the direction of a person who has

received such an exemption. In order to be immune from civil liability, the person

must have placed the structure for the purpose of fish and wildlife habitat creation,

protection, or improvement or the structure must be a net pen that is used to hold

and rear fish and that meets certain other requirements.

The bill also provides that a person who places a structure in a navigable water

and who is entitled to immunity from civil liability as described above, does not owe

any other person a duty to inspect or maintain the structure, to give warning of the

existence of the structure, or to give warning of an unsafe condition caused by the

structure.