Municipal breakwater permits

Municipal breakwater permits. (1) Eligible waterways. The department may issue permits for placement of breakwaters in the following water bodies: (a) Castle Rock and Petenwell flowages, Adams and Juneau counties. (b) Lake Koshkonong, Dane, Jefferson, and Rock counties. (c) Beaver Dam lake, Fox lake, and Lake Sinissippi, Dodge county. (d) Lake Puckaway, Green Lake county. (e) Lake Nokomis – Rice River reservoir, Lincoln and Oneida counties. (f) Big Eau Pleine reservoir, Marathon county. (g) Lake DuBay, Marathon and Portage counties. (h) Rainbow and Willow flowages, Oneida county. (i) Lake Poygan, Winnebago and Waushara counties. (j) Lake Winneconne and Lake Buttes des Morts, Winnebago county. (k) Lake Winnebago, Calumet, Fond du Lac, and Winnebago counties. (L) Impoundments of the Mississippi river. (2) Eligible applicants. (a) The department may issue permits for breakwaters to municipalities and similar public entities, including the state and federal governments, inland lake protection and rehabilitation districts or similar special purpose units of government, and public utilities. Any riparian with ownership of upland adjacent to, or flowed lands underlying, the breakwater shall be a co-applicant if the public entity is not the riparian. If the public entity is not the riparian, the public entity may submit a permit application only if all riparians with ownership of upland adjacent to, and flowed lands underlying, the proposed breakwater consent to be co-applicants. (b) As part of the permit application, a public entity shall provide information to demonstrate to the satisfaction of the department that the public entity has all of the following: 1. Statutorily assigned duties, authorities, or requirements that may reasonably be construed to include control of shore erosion and protection of aquatic habitat. 2. A system of governance that allows participation in decision making by a range of public interests. 3. Institutional permanence of a duration similar to the life of the structure. (3) Standards. The department may issue a permit for a breakwater under this section if all of the following conditions are met: (a) A breakwater is determined by the department to be the best management practice to control shore erosion and preserve or restore aquatic habitat, considering efficacy of the structure and impacts to the public interest in navigable waters. (b) The breakwater is designed by an engineer licensed or certified to practice in this state under ch. 443 , Stats., to be stable under stated maximum water level and wave conditions to avoid a failed structure that quickly becomes a hazard to users of the waters. (c) The breakwater is specifically recommended for the purpose specified in par. (a) in a comprehensive plan approved by the department for management of a specific water body and its watershed. (d) The requirements of s. 1.11 , Stats., are met. (e) The department has complied with the notice and hearing procedures in s. 30.208 (3) to (5) , Stats. (4) Permit conditions. In addition to any conditions determined by the department to be necessary to protect public rights and interests in navigable waters under s. 30.12 , Stats., any permit issued by the department under this section shall contain all of the following conditions: (a) The breakwater shall remain under public ownership or control by a public entity described under sub. (2) (a) . Public ownership and control, including necessary rights to use and management of the breakwater and the area to be protected from wave energy by the breakwater shall be established by documentation of any of the following as part of the permit application: 1. Fee title ownership of the breakwater by a public entity described in sub. (2) (a) . 2. Lease of the breakwater to a public entity described under sub. (2) (a) with a term of 25 years or more. 3. A conservation easement on the breakwater held by a public entity described in sub. (2) (a) that includes the rights to construct and maintain the structure and the right of public access to the structure. (b) No ancillary structures or facilities, other than scientific measuring devices and navigational markers, shall be located on or attached to the breakwater.