Wisconsin Assembly Bill AB579

Wisconsin 2023-2024 Regular Session

• Introduced: 10/31/23
• Refer: 10/31/23
• Report Pass: 1/16/24
• Refer: 1/16/24
• Engrossed: 1/25/24
• Refer: 1/26/24
• Failed: 4/15/24

Caption

Use of fill in commercial waterways and Great Lakes waters.

Impact

If enacted, AB579 will significantly influence how municipalities approach development and management of waterfront properties. It establishes that if land has historically been filled above the ordinary high-water mark prior to 1977 without enforcement action, the fill may be used for public and private purposes. The DNR will take a more active role in approving such plans, ensuring they align with public interest goals, such as enhancing navigation and recreational uses. This regulatory shift could foster more organized waterfront development, potentially boosting local economies and public access to these areas.

Summary

Assembly Bill 579 aims to regulate and establish lawful public and private uses of fill placed in commercial waterways and certain areas of the Great Lakes. The bill allows municipalities to create waterfront development plans for parcels of land potentially submerged at statehood. This inclusion of historical submerged land seeks to address the needs of municipalities in managing waterfront areas effectively. Additionally, the bill builds on existing frameworks concerning the usage of fill and promotes a structured approval process through the Department of Natural Resources (DNR).

Contention

The measure, however, may also lead to concerns among local residents and environmental advocates regarding the prioritization of private interests over public access. Critics may argue that increased development could compromise ecological conditions in these sensitive areas. The requirement for public notice and input may help alleviate some concerns, as local communities will have the opportunity to voice their opinions on proposed plans, thereby shaping the outcome of waterfront development in line with community interests.