Wisconsin Administrative Code (Last Updated: January 10, 2017) |
Agency NR. Department of Natural Resources |
Chapters 300-399. Environmental Protection – Water Regulation |
Chapter 328. Shore Erosion Control Structures In Navigable Waterways |
SubChapter II. Municipal Breakwater Permits |
Section 328.24. Conditions of permits.
Latest version.
- In addition to any conditions deemed necessary to protect public rights and interests in navigable waters under s. 30.12 , Stats., any authorization issued by the department under this subchapter shall contain the following conditions:(1) The structure shall remain under public ownership or control. Public ownership and control shall be established by documentation of at least one of the following as part of the permit application:(a) Fee title ownership of the structure by a municipality or public entity.(b) Lease with a term of 25 years or more of the structure to a municipality or public entity.(c) Conservation easement on the structure held by a municipality or public entity that includes the rights to construct and maintain the structure, right of public access to the structure.(d) Title to, lease of, or conservation easement securing necessary rights to use and management of the structure and the area to be protected from wave energy.(2) No ancillary structures or facilities, other than scientific measuring devices and navigational markers, shall be located on or attached to the breakwater.