SB 459

Introduction

This bill makes various changes to the regulation of navigable waters, artificial

water bodies, wetlands, and nonpoint source pollution.

Navigable waters

Title to the bed of certain filled navigable waters

Under current statutory and common law, this state holds title to navigable

waters in trust for public purposes. This body of law, commonly referred to as the

public trust doctrine, is encompassed in article IX, section 1, of the Wisconsin

Constitution. Under the public trust doctrine, the state has traditionally been the

owner of lake beds up to the ordinary high-water mark (OHWM).

This bill provides that any area of a navigable water that was filled before

January 1, 1975, and that has remained continuously filled since January 1, 1975,

is owned by the riparian owner in whose riparian zone the filled area is located. The

bill defines the riparian zone as the area that extends from the riparian land

waterward to the line of navigation, the depth which is generally needed to operate

a boat on the water, as determined by a method that establishes riparian zone lines

between adjacent riparian owners in a manner that equitably apportions access to

the line of navigation. The bill prohibits the Department of Natural Resources

(DNR) from requiring the riparian owner of the filled area to remove the fill and

requires DNR to furnish a quitclaim deed to the riparian owner of the filled area upon

request.

Applicability of navigable water law to artificial water bodies

Under this bill, unless specifically provided otherwise, the statutes that

regulate navigable waters, harbors, and boating do not apply to an artificial water

body that is not hydrologically connected to a natural navigable waterway and that

does not discharge into a natural navigable waterway except as a result of storm

events. An artificial water body is 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.

The level and flow of water

Under the bill, DNR may regulate and control the level and flow of water in all

navigable waters in the interest of public rights in navigable waters; to promote

safety; and to protect life, health, property, property values, and economic values.

Navigable water permits

Under current law, a person must obtain one or more permits from DNR in

order to conduct certain activities that occur in or near navigable waterways,

including placement of structures or deposits in navigable waters; construction or

maintenance of bridges and culverts; enlarging or connecting waterways; altering

the courses of streams and rivers; removing material from the bed of a navigable

waterway; and constructing, dredging, or enlarging an artificial water body that

connects with a navigable waterway or that is located within 500 feet of the OHWM