SB 541

This bill provides several methods for establishing the lawful public or private

use of fill placed on the bed of the Great Lakes and certain rivers and harbors.

Historic fill in commercial waterways

The bill applies, in part, to fill placed prior to 1977 that created land above the

ordinary high water mark of a commercial waterway, which is a specified list of

rivers. If the fill is unauthorized fill for which the Department of Natural Resources

has not initiated an enforcement action or is within an authorized bulkhead line and

not specifically restricted by a submerged land lease, the owner of the fill may use

the fill for any purpose.

Development of Great Lakes waterfront property

The bill provides that a city or village (municipality) may create a waterfront

development plan with respect to parcels that may have been part of the submerged

bed of a Great Lakes water at the time of statehood. The municipality must submit

required information to DNR, including a map of the parcels and a plan for

development of the parcels that details any public and private uses. Following a

public notice and comment period, DNR must approve the plan unless DNR

determines that 1) the plan does not contain the required elements, 2) proposed

private uses are inconsistent with existing lake bed grants or submerged land leases,

3) proposed public use areas are insufficient, or 4) the plan does not contain sufficient

provisions to ensure proposed public uses will be implemented.

Amendments to existing approvals

The bill provides that a municipality may apply to DNR to amend the uses

allowed within an area of a Great Lakes water that was filled pursuant to a fill

authorization granted by the legislature or a submerged land lease. DNR must

review the proposed uses based on several criteria that generally consider whether

the proposed uses are consistent with the public interest. Following a public notice

and comment period, DNR must approve the plan unless DNR determines that the

specified criteria were not met.

Claims relating to possession or title

The bill prohibits any claim or counterclaim in an action relating to the

possession or title of any real estate if the claim or counterclaim is based on an

assertion that the property includes portions of land that may have at one time been

submerged beneath a Great Lakes water if 1) the property is upland and the use of

the land has not materially changed, 2) the property is held in fee title ownership as

determined under a Great Lakes waterfront development plan, 3) the property is

held in fee title ownership based on being separated from a Great Lakes water, or 4)

use of the property has been approved by DNR as an amended use.