Section 30.195. Changing of stream courses.

 

(1)   Permit required. Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream.

(2)   Individual permits.

(a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1) .

(b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a) .

(c) The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following requirements are met:

1. The applicant is the owner of any land upon which the change in course or straightening of the navigable stream will occur.

2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the applicant's land.

3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to the public interest.

4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparian owners located on the stream or all of these riparian owners have consented to the issuance of the permit.

(4)   Liability for negligence. No common law liability, and no statutory liability which may be provided elsewhere in these statutes, for damages resulting from the changing of the course of or from the straightening of a stream is in any manner affected by this section, nor does this section create any liability on the part of the state for any such damages, but a person who changes the course of a stream or straightens a stream in accordance with a permit granted pursuant to this section is presumed to have exercised due care in such changing or straightening.

(7)   Application of section. This section does not apply to municipal or county-owned lands in counties having a population of 750,000 or more.

1987 a. 374 ; 2003 a. 118 ; 2013 a. 1 . Cross-reference: See also chs. NR 305 , 340 , and 353 , Wis. adm. code. The elements of proof required for a conviction under sub. (1) are discussed. 67 Atty. Gen. 265.