Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 328 - Shore Erosion Control Structures In Navigable Waterways
Subchapter II - Municipal Breakwater Permits
Section NR 328.24 - Conditions of permits
Universal Citation: WI Admin Code § NR 328.24
Current through November 25, 2024
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.
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