(1) DEFINITIONS. In this section: (a) “Fill authorization” means the authorization of fill in an area of a Great Lakes water by the legislature in specific legislation or a lake bed grant or by a submerged land lease under s. 24.39. (b) “Filled area” means an area in a Great Lakes water filled before August 8, 1989, pursuant to a fill authorization. (c) “Grantee” means a municipality that has been granted a fill authorization. (d) “Great Lakes water” means Lake Superior, Lake Michigan, Green Bay, or Sturgeon Bay. (e) Notwithstanding s. 30.01 (4), “municipality” means a city or village. (2) APPLICATIONS BY GRANTEES. (a) A grantee may apply to the department to change the uses allowed within filled areas of a fill authorization. (b) An application under par. (a) shall include all of the following information: 1. A legal description of the fill authorization and the filled area proposed to be used. 2. A description of the proposed change to the existing fill authorization, including a detailed description of the proposed uses consistent with sub. (3). 3. A determination from the governing body of the municipality approving the proposed change and requesting authorization from the department. (3) STANDARDS FOR APPROVAL. The department shall evaluate applications submitted under sub. (2) based on whether the uses proposed in the application meet the following criteria: (a) The filled area proposed to be used is used for parking lots, public or private buildings, roads, or railroads on March 29, 2024. (b) The filled area proposed to be used does not include any area currently used for public park purposes. (c) The filled area proposed to be used remains under the ownership and control of the municipality. In this paragraph, “ownership and control” includes leases or licenses to private or public entities for the provision of concessions, as defined under s. 30.2039 (1) (a) , subject to compliance with the other criteria under this subsection. (d) The application is consistent with any waterfront development plan approved under s. 30.2039 (2) (d). (e) The application promotes appropriate public uses consistent with the public interest, and may include concessions, as defined in s. 30.2039 (1) (a) , open to the public under long-term lease with the municipality, if the concessions provide a significant public benefit to the public interest in navigable waters. (f) The application includes appropriate mechanisms for department enforcement. (g) The application promotes other public objectives, which may include the elimination of blight, the remediation of brownfields, and other private economic development benefits. (h) The application requires that the proceeds from any lease or license to private or public entities to create or operate a concession, as defined in s. 30.2039 (1) (a), be used by the municipality to promote the public interest in navigable waters pursuant to a plan approved by the department. This paragraph does not apply to revenue from real property taxes received by the municipality. (4) DEPARTMENT APPROVAL OF APPLICATIONS. (a) No later than 90 days after receiving an application under sub. (2), the department shall hold a public hearing and provide public notice by publishing a class 2 notice under ch. 985 and by posting notice on the department’s website. (b) No later than 90 days following the public hearing under par. (a), the department shall make a determination on whether to approve the application under sub. (2). The department and the applicant may agree to extend this timeline. The failure of the department to act within 90 days or within any timeline agreed to by the department and the applicant may not be deemed to be an approval by the department. (c) Determinations made under par. (b) are subject to review under ch. 227.
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