(1) AUTHORIZATION. (a) Subject to the restrictions under sub. (2), the village of Belleville may place fill on all or part of the portion of the bed of Lake Belle View located in Dane County for any of the following purposes: 1. Improving fish and wildlife habitat. 2. Creating and enhancing wetlands. 3. Improving the water quality of Lake Belle View and the Sugar River. 4. Enhancing the recreational use and aesthetic enjoyment of Lake Belle View and the Sugar River. 5. Separating Lake Belle View from the Sugar River by creating an artificial barrier from lake bottom sediments or by other means. 6. Creating suitable lake bottom depths or contours in Lake Belle View. 7. Promoting the growth of desirable wetland plants. (b) Any lake bottom sediments that are unsuitable for the creation of an artificial barrier under par. (a) 5. may be placed in any agricultural field that is adjacent to Lake Belle View. (c) If the village of Belleville creates an artificial barrier from lake bottom sediments under par. (a) 5., the village of Belleville shall also place lake bottom sediments in adjacent areas for the purpose of creating and enhancing wetlands. (2) REQUIREMENTS. (a) The village of Belleville shall obtain approval from the department for any placement of fill material as authorized under sub. (1). (b) The village of Belleville shall submit to the department any plans or other information that the department considers nec- essary for it to effectively determine whether to grant approval under par. (a). (c) The village of Belleville shall ensure that all of the following apply to any artificial barrier created as authorized under sub. (1). 1. The barrier does not materially obstruct navigation or reduce the effective flood flow capacity of a stream. 2. The barrier is not detrimental to the public interest. 3. The barrier is owned by a public entity and the public is granted free access to the barrier. 4. Access by the public to the barrier is limited to use as open space for recreational purposes. 5. The barrier remains in as natural a condition as is practicable, as determined by the department. 6. No structure, except those necessary in order to effectuate a purpose specified in sub. (1) (a), are placed on the barrier. (d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12. (3) CONDITIONS. (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12. The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition. (b) The village of Belleville shall ensure that any construction draw down of Lake Belle View related to the creation of any artificial barrier authorized under sub. (1) occurs only once. (4) COSTS. Any costs incurred by the state to construct, maintain, improve, or remove any artificial barrier created as authorized under sub. (1) shall be paid by the village of Belleville or its successors or assigns. (5) IMMUNITY. The state and its officers, employees, and agents are immune from liability for acts or omissions that cause damage or injury and that relate to the construction, maintenance, or use of any artificial barrier created as authorized under sub. (1).
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