A riparian owner is exempt from the permit requirements under s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1) , and that extends beyond the ordinary high-water mark, if the following conditions apply: (1) The structure is a vertical wall designed to prevent land from eroding into a navigable water. (2) The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water. (3) If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing. (4) The structure incorporates adequate bracing and anchors to ensure structural stability. (5) A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage. (6) The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure’s stability and to prevent the structure from failing. (7) The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring. (8) The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft. (9) The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following: (a) The natural topography of the bank of the navigable water. (b) A point that is 4 feet above the ordinary high-water mark of the navigable water. (c) The minimum height required to prevent overtopping by wave action.
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