(1) DEFINITION. In this section, “district” means the RockKoshkonong public inland lake protection and rehabilitation district. (2) AUTHORIZATION. The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes: (a) To improve navigation or to provide navigation aids. (b) To restore or protect wetland habitat or water quality. (c) To create, restore, or protect fish and wildlife habitat. (d) To enhance the natural aesthetic value or improve the recreational use of the lake. (3) LOCATION OF STRUCTURES AND FILL. Any structure or fill placed as part of the project authorized under sub. (2) shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13. (4) PRELIMINARY REQUIREMENTS. (a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub. (2), the district shall submit plans and specifications for the project to the department and obtain the department’s approval for the project. (b) Before the department gives its approval for a project authorized under sub. (2), the department shall do all of the following: 1. Comply with the requirements under s. 1.11. 2. Review the plans and specifications submitted to the department under par. (a) and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill. 3. Hold a public informational meeting to discuss the plans and specifications submitted under par. (a). 4. Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub. (5). (5) REQUIREMENTS FOR STRUCTURES AND FILL. A structure or fill placed as part of a project authorized under sub. (2) shall meet all of the following requirements: (a) It may not materially affect the flood flow capacity of the Rock River. (b) It may not materially obstruct navigation. (c) It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project. (d) It may not cause environmental pollution, as defined in s. 299.01 (4). (e) It may not be detrimental to the public interest. (f) It must further a purpose specified in sub. (2). (6) MAINTENANCE BY THE DISTRICT. (a) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) to ensure that the structures and fill do not impair the safety of the public. (b) The district shall maintain the structures and the fill that are part of the project authorized under sub. (2) so that the structures and fill remain in compliance with the requirements listed under sub. (5). (c) If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements under sub. (5), the department may require the district to modify the structure or fill to bring it into compliance or to remove the structure or fill. (7) USE OF STRUCTURES OR FILL. Any structure or fill placed as part of the project authorized under sub. (2) may be used only for any of the following: (a) As a site for the placement of navigation aids approved by the department. (b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department. (c) Open space for recreational activities. (8) OWNERSHIP. (a) The structures or fill that are part of the project authorized under sub. (2) are owned by the district. Except as provided in par. (b), the district may not transfer ownership of any structure or any fill that is part of the project authorized under sub. (2). (b) The district may transfer ownership of any structure or fill that is part of the project authorized under sub. (2) if all of the following apply: 1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule. 2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department. (9) ACCESS TO PROPERTY. An employee or agent of the department shall have free access during reasonable hours to the structures or fill that are part of the project authorized under sub. (2) for the purpose of inspecting the structures or fill to ensure that the project is in compliance with the requirements of this section. If the department determines that any structure or any fill that is part of the project authorized under sub. (2) does not comply with the requirements of this section, the department may require the owner of the structure or fill to modify the structure or fill to bring it into compliance or to remove the structure or fill. (10) EXEMPTIONS. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub. (2).
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