Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB541 Compare Versions

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Old	New		Differences
1		-	Date of enactment: March 27, 2024
2		-	2023 Senate Bill 541 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 247
4		-	AN ACT to create 30.2034, 30.2039 and 885.335 of the statutes; relating to: use of fill in certain waterways.
5		-	The people of the state of Wisconsin, represented in
6		-	senate and assembly, do enact as follows:
7		-	SECTION 1. 30.2034 of the statutes is created to read:
8		-	30.2034 Change to existing approvals. (1) DEFINI-
9		-	TIONS. In this section:
10		-	(a) “Fill authorization” means the authorization of
11		-	fill in an area of a Great Lakes water by the legislature in
12		-	specific legislation or a lake bed grant or by a submerged
13		-	land lease under s. 24.39.
14		-	(b) “Filled area” means an area in a Great Lakes
15		-	water filled before August 8, 1989, pursuant to a fill
16		-	authorization.
17		-	(c) “Grantee” means a municipality that has been
18		-	granted a fill authorization.
19		-	(d) “Great Lakes water” means Lake Superior, Lake
20		-	Michigan, Green Bay, or Sturgeon Bay.
21		-	(e) Notwithstanding s. 30.01 (4), “municipality”
22		-	means a city or village.
23		-	(2) APPLICATIONS BY GRANTEES. (a) A grantee may
24		-	apply to the department to change the uses allowed
25		-	within filled areas of a fill authorization.
26		-	(b) An application under par. (a) shall include all of
27		-	the following information:
28		-	1. A legal description of the fill authorization and the
29		-	filled area proposed to be used.
30		-	2. A description of the proposed change to the exist-
31		-	ing fill authorization, including a detailed description of
32		-	the proposed uses consistent with sub. (3).
33		-	3. A determination from the governing body of the
34		-	municipality approving the proposed change and
35		-	requesting authorization from the department.
36		-	(3) STANDARDS FOR APPROVAL. The department shall
37		-	evaluate applications submitted under sub. (2) based on
38		-	whether the uses proposed in the application meet the fol-
39		-	lowing criteria:
40		-	(a) The filled area proposed to be used is used for
41		-	parking lots, public or private buildings, roads, or rail-
42		-	roads on the effective date of this paragraph .... [LRB
43		-	inserts date].
44		-	(b) The filled area proposed to be used does not
45		-	include any area currently used for public park purposes.
46		-	(c) The filled area proposed to be used remains under
47		-	the ownership and control of the municipality. In this
48		-	paragraph, “ownership and control” includes leases or
49		-	licenses to private or public entities for the provision of
50		-	concessions, as defined under s. 30.2039 (1) (a), subject
51		-	to compliance with the other criteria under this subsec-
52		-	tion.
53		-	(d) The application is consistent with any waterfront
54		-	development plan approved under s. 30.2039 (2) (d).
55		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
56		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 247 2023 Senate Bill 541
57		-	(e) The application promotes appropriate public uses
58		-	consistent with the public interest, and may include con-
59		-	cessions, as defined in s. 30.2039 (1) (a), open to the pub-
60		-	lic under long−term lease with the municipality, if the
61		-	concessions provide a significant public benefit to the
62		-	public interest in navigable waters.
63		-	(f) The application includes appropriate mechanisms
64		-	for department enforcement.
65		-	(g) The application promotes other public objectives,
66		-	which may include the elimination of blight, the remedia-
67		-	tion of brownfields, and other private economic develop-
68		-	ment benefits.
69		-	(h) The application requires that the proceeds from
70		-	any lease or license to private or public entities to create
71		-	or operate a concession, as defined in s. 30.2039 (1) (a),
72		-	be used by the municipality to promote the public interest
73		-	in navigable waters pursuant to a plan approved by the
74		-	department. This paragraph does not apply to revenue
75		-	from real property taxes received by the municipality.
76		-	(4) DEPARTMENT APPROVAL OF APPLICATIONS. (a) No
77		-	later than 90 days after receiving an application under
78		-	sub. (2), the department shall hold a public hearing and
79		-	provide public notice by publishing a class 2 notice under
80		-	ch. 985 and by posting notice on the department’s web-
81		-	site.
82		-	(b) No later than 90 days following the public hearing
83		-	under par. (a), the department shall make a determination
84		-	on whether to approve the application under sub. (2). The
85		-	department and the applicant may agree to extend this
86		-	timeline. The failure of the department to act within 90
87		-	days or within any timeline agreed to by the department
88		-	and the applicant may not be deemed to be an approval
89		-	by the department.
90		-	(c) Determinations made under par. (b) are subject to
91		-	review under ch. 227.
92		-	SECTION 2. 30.2039 of the statutes is created to read:
93		-	30.2039 Great Lakes and river waterfront prop-
94		-	erty. (1) DEFINITIONS. In this section:
95		-	(a) “Concession” means a private allowable use that
96		-	is a structure or facility that provides lodging, restaurant
97		-	and food and beverage services, or retail services sup-
98		-	porting the public interest in navigable waters and that
99		-	support public access and use of navigable waters.
100		-	(b) “Great Lakes water” means Lake Superior, Lake
101		-	Michigan, Green Bay, or Sturgeon Bay.
102		-	(c) Notwithstanding s. 30.01 (4), “municipality”
103		-	means a city or village.
104		-	(d) “Public use” means public access and use, includ-
105		-	ing the provision of, access to, and use of parkland, trails
106		-	and roads, and public recreational facilities.
107		-	(e) “Record title holder” means a person with a claim
108		-	of ownership of property based on a recorded con-
109		-	veyance of an ownership interest in the property.
110		-	(f) “Upland” means property that remained at an ele-
111		-	vation above the current ordinary high water mark from
112		-	December 9, 1977, to the effective date of this paragraph
113		-	.... [LRB inserts date], other than for temporary mainte-
114		-	nance activities or because of accretion or reliction.
115		-	(2) WATERFRONT DEVELOPMENT PLAN. (a) Authority.
116		-	A municipality may create a waterfront development
117		-	plan with respect to parcels that include land that may
118		-	have been part of a riverbed or that may have been part
119		-	of the submerged bed of a Great Lakes water at the time
120		-	of statehood.
121		-	(b) Elements of the plan. A municipality shall
122		-	include all of the following information in a waterfront
123		-	development plan under this subsection:
124		-	1. A map identifying parcels of land that are subject
125		-	to the proposed plan area.
126		-	2. An approximate delineation of the shoreland at
127		-	statehood based on existing government survey maps.
128		-	3. A delineation of upland areas. In determining
129		-	whether portions of the proposed plan area are upland,
130		-	the municipality may use photographs, survey data, pub-
131		-	licly available global positioning system mapping, geo-
132		-	graphic information system mapping, or other documen-
133		-	tation.
134		-	4. A delineation of any area that is subject to a lake
135		-	bed grant or a submerged land lease, a bulkhead line
136		-	established under s. 30.11, or a shoreline established
137		-	under s. 30.2038.
138		-	5. An overall plan for the development of the pro-
139		-	posed plan area, including a map showing areas that will
140		-	be dedicated to the public for public use and areas that
141		-	will allow for private uses. The boundary between the
142		-	proposed public use areas and remaining areas shall be
143		-	surveyed and delineated on the map under subd. 1.
144		-	6. A description of areas and types of proposed public
145		-	use consistent with the standards established under par.
146		-	(d) and any restrictions on public use to be proposed for
147		-	safety or security reasons. The plan shall describe how
148		-	the public use areas will be accessible to the public.
149		-	7. A plan for implementing and enforcing the devel-
150		-	opment and perpetual maintenance of the public use
151		-	areas, including appropriate ordinances. The plan shall
152		-	require that the record title owner grant an easement to
153		-	the department ensuring that future use of public use
154		-	areas will be consistent with the plan and shall include
155		-	appropriate mechanisms for department enforcement.
156		-	(c) Plan review. 1. The municipality shall consult
157		-	with any record title holders within the plan area pro-
158		-	posed under par. (b) prior to approval by the municipality.
159		-	2. Upon adoption of the waterfront development plan
160		-	by the municipality, the municipality shall provide the
161		-	plan to the department for review and approval.
162		-	3. No later than 90 days after receiving a request for
163		-	review under this paragraph, the department shall hold a
164		-	public hearing and shall provide public notice by publish-
165		-	ing a class 2 notice under ch. 985 and by posting notice
166		-	on the department’s website.
167		-	4. No later than 90 days following the public hearing
168		-	under subd. 3., the department shall make a determina- − 3 − 2023 Wisconsin Act 247 2023 Senate Bill 541
169		-	tion under par. (d). The department and the applicant may
170		-	agree to extend this timeline. The failure of the depart-
171		-	ment to act within 90 days or within any timeline agreed
172		-	to by the department and the applicant may not be
173		-	deemed to be an approval by the department.
174		-	(d) Determinations by the department. The depart-
175		-	ment may impose additional restrictions and conditions
176		-	on a plan submitted under par. (c) 2. but may not approve
177		-	a plan, with or without additional restrictions and condi-
178		-	tions, unless the department determines all of the follow-
179		-	ing:
180		-	1. The plan meets the requirements of par. (b).
181		-	2. The uses proposed in the plan are not inconsistent
182		-	with existing lake bed grants or submerged land leases.
183		-	3. The private uses proposed in the plan will not
184		-	materially affect the public interest in navigable waters.
185		-	4. The amount and location of the public use areas to
186		-	be developed and maintained under the plan provide a
187		-	substantial benefit to the public interest in navigable
188		-	waters. Appropriate uses in public use areas may include
189		-	concessions open to the public under long−term lease
190		-	with a municipality if the concessions provide a signifi-
191		-	cant benefit to the public interest in navigable waters.
192		-	5. The plan contains sufficient provisions to ensure
193		-	that the public uses proposed in the plan will be imple-
194		-	mented and perpetually maintained.
195		-	6. The plan requires that the proceeds from any lease
196		-	or license to private or public entities to create or operate
197		-	a concession be used by the municipality to promote the
198		-	public interest in navigable waters pursuant to a plan
199		-	approved by the department. This paragraph does not
200		-	apply to revenue from real property taxes received by the
201		-	municipality.
202		-	7. The boundary established in the plan will not result
203		-	in a substantial impairment of the public interest in navi-
204		-	gable waters and is incidental to the development and
205		-	perpetual maintenance of the public use areas of the plan.
206		-	(e) Effect of determination. 1. An approval under
207		-	par. (d) constitutes a determination by the department
208		-	that the public interest in navigable waters is served by
209		-	implementation of the plan and, with respect to areas that
210		-	may have been part of the submerged bed of a Great
211		-	Lakes water at the time of statehood, the boundary estab-
212		-	lished between land that is held in trust by the state or is
213		-	otherwise publicly owned and land held in private fee
214		-	title ownership is in the public interest in navigable
215		-	waters.
216		-	2. Following an approval under par. (d), the applicant
217		-	shall record the approval with the register of deeds and
218		-	the department shall post the approval on the depart-
219		-	ment’s website. Upon implementation of the portions of
220		-	the plan approved under par. (d) that relate to the public
221		-	use areas, and any conditions imposed in the approval
222		-	related to those areas, areas designated for private use
223		-	that may have been part of a riverbed at the time of state-
224		-	hood shall not be subject to a navigational servitude and,
225		-	for areas that may have been part of the submerged bed
226		-	of a Great Lakes water at the time of statehood, the
227		-	boundary between land that is held in trust by the state or
228		-	is otherwise publicly owned and land held in private fee
229		-	title ownership shall have the same effect as if the bound-
230		-	ary were confirmed in a quiet title action granted by a
231		-	court under s. 841.10.
232		-	3. This section does not alter the right of property
233		-	owners to seek a quiet title action under common law.
234		-	(f) Boundary amendments. A municipality may seek
235		-	to amend a public use boundary approved under par. (d)
236		-	only by preparing and submitting a new plan using the
237		-	process under this subsection.
238		-	(g) Review. Determinations made under par. (d) are
239		-	subject to review under ch. 227.
240		-	(3) TITLE TO NONRIPARIAN PARCELS. A parcel that may
241		-	include areas that were part of the submerged bed of a
242		-	Great Lakes water at the time of statehood and that
243		-	remained separated from a Great Lakes water by one or
244		-	more other parcels from December 9, 1977, to the effec-
245		-	tive date of this subsection .... [LRB inserts date], for
246		-	which there is a record title holder, and that is not subject
247		-	to a fill authorization as defined in s. 30.2034 (1) (a), is
248		-	deemed to be not part of the lake bed of a Great Lakes
249		-	water and to be held in fee title ownership. For land held
250		-	in fee title ownership as determined under this subsec-
251		-	tion, this determination operates in the same manner as
252		-	if a person were granted quiet title to the property by a
253		-	court under s. 841.10.
254		-	(4) EXCEPTION FOR EXISTING USES. The department
255		-	shall treat upland property adjacent to a Great Lakes
256		-	water, all or part of which may have been land that was
257		-	part of the submerged lake bed of the Great Lakes water
258		-	at the time of statehood, as property owned by the record
259		-	title holder for purposes of exercising any regulatory
260		-	authority, if the property includes portions of land that are
261		-	upland and the use of such property has not materially
262		-	changed since the effective date of this subsection ....
263		-	[LRB inserts date]. In this subsection, “materially
264		-	changed” means a material modification or termination
265		-	of an existing use and does not include the maintenance,
266		-	repair, replacement, restoration, rebuilding, or remodel-
267		-	ing of any part of any existing structure or the transfer of
268		-	the property. This subsection may not be construed as
269		-	authorizing the combining of existing uses on multiple
270		-	properties for the purposes of this subsection.
271		-	SECTION 3. 885.335 of the statutes is created to read:
272		-	885.335 Actions concerning real estate abutting
273		-	Great Lakes water. (1) No claim or counterclaim may
274		-	be made in an action relating to the possession or title of
275		-	any real estate if the claim or counterclaim is based on an
276		-	assertion that the property includes portions of land that
277		-	may have at one time been submerged beneath a Great
278		-	Lakes water if any of the following apply: − 4 −2023 Wisconsin Act 247 2023 Senate Bill 541
279		-	(a) The property is upland, as defined in s. 30.2039
280		-	(1) (f), and the use of the property has not materially
281		-	changed, as defined in s. 30.2039 (4).
282		-	(b) The property was designated as land held in fee
283		-	title ownership by a determination made under s. 30.2039
284		-	(2) (d) that establishes the boundary between land held in
285		-	trust by the state and land held in fee title ownership.
286		-	(c) The property is held in fee title ownership as
287		-	determined under s. 30.2039 (3).
288		-	(d) The use of the property is approved under s.
289		-	30.2034.
290		-	(2) This section does not apply to administrative and
291		-	judicial review of decisions of the department of natural
292		-	resources under s. 30.2034 or 30.2039 or ch. 227.
293		-	SECTION 4.0Nonstatutory provisions.
294		-	(1) Notwithstanding s. 13.097 (2), the department of
295		-	natural resources may not prepare a report under s.
296		-	13.097 (2) (a) for this bill.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 541
	5	+	October 23, 2023 - Introduced by Senators STROEBEL, QUINN, NASS and FELZKOWSKI,
	6	+	cosponsored by Representatives W ITTKE, GREEN, BINSFELD, KATSMA,
	7	+	O'CONNOR, MURPHY, GOEBEN and MELOTIK. Referred to Committee on Natural
	8	+	Resources and Energy.
	9	+	AN ACT to renumber 30.122; to amend 30.122 (title); and to create 30.01 (1h),
	10	+	30.122 (2), 30.122 (3), 30.2034, 30.2039 and 885.335 of the statutes; relating
	11	+	to: use of fill in commercial waterways and Great Lakes waters.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	This bill provides several methods for establishing the lawful public or private
	14	+	use of fill placed on the bed of the Great Lakes and certain rivers and harbors.
	15	+	Historic fill in commercial waterways
	16	+	The bill applies, in part, to fill placed prior to 1977 that created land above the
	17	+	ordinary high water mark of a commercial waterway, which is a specified list of
	18	+	rivers. If the fill is unauthorized fill for which the Department of Natural Resources
	19	+	has not initiated an enforcement action or is within an authorized bulkhead line and
	20	+	not specifically restricted by a submerged land lease, the owner of the fill may use
	21	+	the fill for any purpose.
	22	+	Development of Great Lakes waterfront property
	23	+	The bill provides that a city or village (municipality) may create a waterfront
	24	+	development plan with respect to parcels that may have been part of the submerged
	25	+	bed of a Great Lakes water at the time of statehood. The municipality must submit
	26	+	required information to DNR, including a map of the parcels and a plan for
	27	+	development of the parcels that details any public and private uses. Following a
	28	+	public notice and comment period, DNR must approve the plan unless DNR
	29	+	determines that 1) the plan does not contain the required elements, 2) proposed
	30	+	private uses are inconsistent with existing lake bed grants or submerged land leases,
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	35	+	SENATE BILL 541
	36	+	3) proposed public use areas are insufficient, or 4) the plan does not contain sufficient
	37	+	provisions to ensure proposed public uses will be implemented.
	38	+	Amendments to existing approvals
	39	+	The bill provides that a municipality may apply to DNR to amend the uses
	40	+	allowed within an area of a Great Lakes water that was filled pursuant to a fill
	41	+	authorization granted by the legislature or a submerged land lease. DNR must
	42	+	review the proposed uses based on several criteria that generally consider whether
	43	+	the proposed uses are consistent with the public interest. Following a public notice
	44	+	and comment period, DNR must approve the plan unless DNR determines that the
	45	+	specified criteria were not met.
	46	+	Claims relating to possession or title
	47	+	The bill prohibits any claim or counterclaim in an action relating to the
	48	+	possession or title of any real estate if the claim or counterclaim is based on an
	49	+	assertion that the property includes portions of land that may have at one time been
	50	+	submerged beneath a Great Lakes water if 1) the property is upland and the use of
	51	+	the land has not materially changed, 2) the property is held in fee title ownership as
	52	+	determined under a Great Lakes waterfront development plan, 3) the property is
	53	+	held in fee title ownership based on being separated from a Great Lakes water, or 4)
	54	+	use of the property has been approved by DNR as an amended use.
	55	+	The people of the state of Wisconsin, represented in senate and assembly, do
	56	+	enact as follows:
	57	+	SECTION 1. 30.01 (1h) of the statutes is created to read:
	58	+	30.01 (1h) “Commercial waterway” includes the portions of all of the following
	59	+	rivers that are within the Great Lakes basin and within incorporated areas:
	60	+	(a) Ahnapee River.
	61	+	(b) East River in Brown County.
	62	+	(c) Fox River, but excluding Lake Winnebago, Lake Butte des Morts, Lake
	63	+	Winneconne, and Lake Poygan.
	64	+	(d) Kewaunee River.
	65	+	(e) Kinnickinnic River.
	66	+	(f) Manitowoc River.
	67	+	(g) Menominee River.
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	81	+	SECTION 1
	82	+	SENATE BILL 541
	83	+	(h) Menomonee River.
	84	+	(i) Milwaukee River.
	85	+	(j) Root River.
	86	+	(k) Sheboygan River.
	87	+	(L) St. Louis River.
	88	+	(m) West Twin River.
	89	+	SECTION 2. 30.122 (title) of the statutes is amended to read:
	90	+	30.122 (title) Unauthorized structures and fill.
	91	+	SECTION 3. 30.122 of the statutes is renumbered 30.122 (1).
	92	+	SECTION 4. 30.122 (2) of the statutes is created to read:
	93	+	30.122 (2) A fill or deposit placed in a commercial waterway before December
	94	+	9, 1977, that created land at an elevation above the current ordinary high water
	95	+	mark and that has remained above the current ordinary high water mark since
	96	+	December 9, 1977, may be used by the owner of the fill or deposit for any public or
	97	+	private purpose without restrictions imposed if any of the following apply:
	98	+	(a) The fill or deposit is unauthorized and the department has not initiated an
	99	+	enforcement action relating to the fill or deposit prior to the effective date of this
	100	+	paragraph .... [LRB inserts date].
	101	+	(b) The fill or deposit is within an authorized bulkhead line established as
	102	+	provided under s. 30.11 and use of the filled area is not specifically restricted by the
	103	+	terms included in a submerged land lease under s. 24.39 (4).
	104	+	SECTION 5. 30.122 (3) of the statutes is created to read:
	105	+	30.122 (3) Nothing in this section abridges the riparian rights of riparian
	106	+	owners.
	107	+	SECTION 6. 30.2034 of the statutes is created to read:
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	134	+	SECTION 6 SENATE BILL 541
	135	+	30.2034 Amendments to existing approvals. (1) DEFINITIONS. In this
	136	+	section:
	137	+	(a) “Fill authorization” means the authorization of fill in an area of a Great
	138	+	Lakes water by the legislature in specific legislation or a lake bed grant or by a
	139	+	submerged land lease under s. 24.39.
	140	+	(b) “Filled area” means an area in a Great Lakes water filled before August 8,
	141	+	1989, pursuant to a fill authorization.
	142	+	(c) “Grantee” means a municipality that has been granted a fill authorization.
	143	+	(d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
	144	+	Sturgeon Bay.
	145	+	(e) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
	146	+	(2) APPLICATIONS BY GRANTEES. (a) A grantee may apply to the department to
	147	+	amend the uses allowed within filled areas of a fill authorization.
	148	+	(b) An application under par. (a) shall include all of the following information:
	149	+	1. A legal description of the fill authorization and the filled area proposed to
	150	+	be used.
	151	+	2. A description of the proposed amendment to the existing fill authorization,
	152	+	including a detailed description of the proposed uses consistent with sub. (3).
	153	+	3. A determination from the governing body of the municipality approving the
	154	+	proposed amendment and requesting authorization from the department.
	155	+	(3) STANDARDS FOR APPROVAL. Notwithstanding s. 13.097, the department shall
	156	+	evaluate applications submitted under sub. (2) based solely on whether the uses
	157	+	proposed in the application meet the following criteria:
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	180	+	23 - 5 -2023 - 2024 Legislature
	181	+	LRB-4537/1
	182	+	ZDW:skw
	183	+	SECTION 6
	184	+	SENATE BILL 541
	185	+	(a) The filled area proposed to be used is used for parking lots, public or private
	186	+	buildings, roads, or railroads on the effective date of this paragraph .... [LRB inserts
	187	+	date].
	188	+	(b) The filled area proposed to be used does not include any area currently used
	189	+	for public park purposes.
	190	+	(c) The filled area proposed to be used remains under the ownership and control
	191	+	of the municipality, except as follows:
	192	+	1. The municipality may grant easements, licenses, or leases to public or
	193	+	private entities.
	194	+	2. The municipality may convey a filled area to a private entity in possession
	195	+	of adjacent private land that can be exchanged for the filled area and used for public
	196	+	purposes.
	197	+	3. If the filled area is in use by private entities as of the effective date of this
	198	+	subdivision .... [LRB inserts date], whether under color of title or otherwise, any use
	199	+	may continue.
	200	+	(d) The application allows reasonably adequate public access to the Great
	201	+	Lakes water and its shoreline.
	202	+	(e) The application is consistent with any waterfront development plan
	203	+	approved under s. 30.2039 (2) (d).
	204	+	(f) The application promotes the public interest, which may include the
	205	+	enhancement of navigation or public rights in navigable waters, recreational uses,
	206	+	public facilities, and public transportation, the elimination of blight, the remediation
	207	+	of brownfields, and other private economic development consistent with enhancing
	208	+	public access and use of the waterfront area.
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	233	+	ZDW:skw
	234	+	SECTION 6 SENATE BILL 541
	235	+	(4) DEPARTMENT APPROVAL OF APPLICATIONS. (a) No later than 30 days after
	236	+	receiving an application under sub. (2), the department shall provide public notice
	237	+	by publishing a class 2 notice under ch. 985 and by posting notice on the department's
	238	+	website. The notice shall provide an opportunity for members of the public to provide
	239	+	comments and request a public hearing. If a public hearing is requested, notice of
	240	+	the public hearing shall be provided by publishing a class 2 notice under ch. 985 and
	241	+	by posting notice on the department's website.
	242	+	(b) No later than 60 days following public notice under par. (a) or 60 days
	243	+	following a public hearing requested under par. (a), whichever is later, the
	244	+	department shall make a determination under par. (c).
	245	+	(c) The department shall approve an application submitted under sub. (2) and
	246	+	determine the proposed amended uses are consistent with the public interest unless
	247	+	the department determines that the criteria under sub. (3) were not satisfied.
	248	+	SECTION 7. 30.2039 of the statutes is created to read:
	249	+	30.2039 Great Lakes waterfront property. (1) DEFINITIONS. In this section:
	250	+	(a) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or
	251	+	Sturgeon Bay.
	252	+	(b) Notwithstanding s. 30.01 (4), “municipality” means a city or village.
	253	+	(c) “Public use” means public access and use, including access to and use of
	254	+	parkland, trails and roads, and public recreational facilities.
	255	+	(d) “Record title holder” means a person with a claim of ownership of property
	256	+	based on a recorded conveyance of an ownership interest in the property.
	257	+	(e) “Upland” means property that remained at an elevation above the current
	258	+	ordinary high water mark from December 9, 1977, to the effective date of this
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	283	+	LRB-4537/1
	284	+	ZDW:skw
	285	+	SECTION 7
	286	+	SENATE BILL 541
	287	+	paragraph .... [LRB inserts date], other than for temporary maintenance activities
	288	+	or because of accretion or reliction.
	289	+	(2) WATERFRONT DEVELOPMENT PLAN. (a) Authority. A municipality may create
	290	+	a waterfront development plan with respect to parcels that include land that may
	291	+	have been part of the submerged bed of a Great Lakes water at the time of statehood.
	292	+	(b) Elements of the plan. A municipality shall include all of the following
	293	+	information in a waterfront development plan under this subsection:
	294	+	1. A map identifying parcels of land that are subject to the proposed plan area.
	295	+	2. An approximate delineation of the shoreland at statehood based on existing
	296	+	government survey maps.
	297	+	3. A delineation of upland areas. In determining whether portions of the
	298	+	proposed plan area are upland, the municipality may use photographs, survey data,
	299	+	publicly available global positioning system mapping, geographic information
	300	+	system mapping, or other documentation.
	301	+	4. A delineation of any area that is subject to a lake bed grant or a submerged
	302	+	land lease or a shoreline established under s. 30.2038.
	303	+	5. An overall plan for the development of the proposed plan area, including a
	304	+	map showing areas that will be dedicated to the public for public use and areas that
	305	+	will allow for private uses. The boundary between the proposed public use areas and
	306	+	remaining areas shall be surveyed and delineated on the map under subd. 1.
	307	+	6. A description of areas and types of proposed public use and any restrictions
	308	+	to be proposed on public use for safety or security reasons. The plan shall describe
	309	+	how the public use areas will be accessible to the public.
	310	+	7. A plan for implementing and enforcing the development of the public use
	311	+	areas, including appropriate ordinances.
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	337	+	ZDW:skw
	338	+	SECTION 7 SENATE BILL 541
	339	+	(c) Plan review. 1. The municipality shall consult with any record title holders
	340	+	within the plan area proposed under par. (b) prior to approval by the municipality.
	341	+	2. Upon adoption of the waterfront development plan by the municipality, the
	342	+	municipality shall provide the plan to the department for review and approval.
	343	+	3. No later than 30 days after receiving a request for review under this
	344	+	paragraph, the department shall provide public notice by publishing a class 2 notice
	345	+	under ch. 985 and by posting notice on the department's website. The notice shall
	346	+	provide an opportunity for members of the public to provide comments and request
	347	+	a public hearing. If a public hearing is requested, notice of the public hearing shall
	348	+	be provided by publishing a class 2 notice under ch. 985 and by posting notice on the
	349	+	department's website.
	350	+	4. No later than 60 days following public notice under subd. 3. or 60 days
	351	+	following a public hearing requested under subd. 3., whichever is later, the
	352	+	department shall make a determination under par. (d).
	353	+	(d) Determinations by the department. The department shall approve, or
	354	+	approve with conditions, a plan submitted under par. (c) 2. unless the department
	355	+	determines any of the following:
	356	+	1. The plan does not meet the requirements of par. (b).
	357	+	2. The plan includes proposed private uses that are inconsistent with existing
	358	+	lake bed grants or submerged land leases.
	359	+	3. The public use areas are insufficient. In determining the sufficiency of the
	360	+	public use areas, the department shall base its decision on the value of increased
	361	+	public access and use compared to the use existing at the time of the submission of
	362	+	the plan under par. (c) 2., the need for private development to fund and support public
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	387	+	LRB-4537/1
	388	+	ZDW:skw
	389	+	SECTION 7
	390	+	SENATE BILL 541
	391	+	access and use, and the relative amount and quality of public and private use areas
	392	+	in light of the overall site characteristics.
	393	+	4. The plan does not contain sufficient provisions to ensure that the public uses
	394	+	proposed in the plan will be implemented.
	395	+	(e) Effect of determination. 1. An approval under par. (d) constitutes a
	396	+	determination by the department that the public interest is served by
	397	+	implementation of the plan and the boundary established between land that is held
	398	+	in trust by the state or is otherwise publicly owned and land held in private fee title
	399	+	ownership is in the public interest.
	400	+	2. Following an approval under par. (d), the applicant shall record the approval
	401	+	with the register of deeds and the department shall post the approval on the
	402	+	department's website. Upon implementation of the plan approved under par. (d), and
	403	+	any conditions imposed in the approval, the boundary between land that is held in
	404	+	trust by the state or is otherwise publicly owned and land held in private fee title
	405	+	ownership shall have the same effect as if the boundary were confirmed in a quiet
	406	+	title action granted by a court under s. 841.10.
	407	+	3. This section does not alter the right of property owners to seek a quiet title
	408	+	action under common law.
	409	+	(f) Boundary amendments. A municipality may seek to amend a public use
	410	+	boundary approved under par. (d) by preparing and submitting a new plan as
	411	+	provided under pars. (b) and (c).
	412	+	(3) TITLE TO NONRIPARIAN PARCELS. A parcel that may include areas that were
	413	+	part of the submerged bed of a Great Lakes water at the time of statehood and that
	414	+	remained separated from a Great Lakes water by one or more other parcels from
	415	+	December 9, 1977, to the effective date of this subsection .... [LRB inserts date], and
	416	+	1
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	441	+	ZDW:skw
	442	+	SECTION 7 SENATE BILL 541
	443	+	for which there is a record title holder, is deemed to be not part of the lake bed of a
	444	+	Great Lakes water and to be held in fee title ownership. For land held in fee title
	445	+	ownership as determined under this subsection, this determination operates in the
	446	+	same manner as if a person were granted quiet title to the property by a court under
	447	+	s. 841.10.
	448	+	(4) EXCEPTION FOR EXISTING USES. The department shall treat upland property
	449	+	adjacent to a Great Lakes water, all or part of which may have been land that was
	450	+	part of the submerged lake bed of the Great Lakes water at the time of statehood, as
	451	+	riparian property and owned by the record title holder for purposes of exercising any
	452	+	regulatory authority, if the property includes portions of land that are upland and
	453	+	the use of such property has not materially changed since the effective date of this
	454	+	subsection .... [LRB inserts date]. In this subsection, “materially changed” means a
	455	+	material modification or termination of an existing use and does not include the
	456	+	maintenance, repair, replacement, restoration, rebuilding, remodeling, or expansion
	457	+	of any part of any existing structure or the transfer of the property.
	458	+	SECTION 8. 885.335 of the statutes is created to read:
	459	+	885.335 Actions concerning real estate abutting Great Lakes water. No
	460	+	claim or counterclaim may be made in an action relating to the possession or title of
	461	+	any real estate if the claim or counterclaim is based on an assertion that the property
	462	+	includes portions of land that may have at one time been submerged beneath a Great
	463	+	Lakes water if any of the following apply:
	464	+	(1) The property is upland, as defined in s. 30.2039 (1) (e), and the use of the
	465	+	property has not materially changed, as defined in s. 30.2039 (4).
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	489	+	LRB-4537/1
	490	+	ZDW:skw
	491	+	SECTION 8
	492	+	SENATE BILL 541
	493	+	(2) The property was designated as land held in fee title ownership by a
	494	+	determination made under s. 30.2039 (2) (d) that establishes the boundary between
	495	+	land held in trust by the state and land held in fee title ownership.
	496	+	(3) The property is held in fee title ownership as determined under s. 30.2039
	497	+	(3).
	498	+	(4) The use of the property is approved under s. 30.2034.
	499	+	(END)
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