2011 Wisconsin Act 167

167,60r Section 60r. 30.208 (3) (er) of the statutes is created to read:

30.208 (3) (er) If the decision rendered by the department under par. (e) is a denial or disapproval, the department shall include in the decision the specific grounds and reasons as to how the applicable provisions of this subchapter were not met. If the denial or disapproval is based on an incomplete application, the department shall inform the applicant of the areas of the application that were incomplete.

167,61 Section 61. 30.208 (3) (f) of the statutes is created to read:

30.208 (3) (f) If the department fails to comply with the time periods under par. (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

167,62 Section 62. 30.208 (4) (a) of the statutes is amended to read:

30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

167,63 Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:

30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

167,64 Section 64. 30.208 (5) (a) 3. of the statutes is created to read:

30.208 (5) (a) 3. That the notice be published on the department's Internet Web site.

167,65 Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:

30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

167,66 Section 66. 30.208 (5) (b) 3m. of the statutes is created to read:

30.208 (5) (b) 3m. For a notice of public hearing under sub. (3), the time, date, and location of the hearing.

167,67 Section 67. 30.208 (5) (b) 3r. of the statutes is created to read:

30.208 (5) (b) 3r. For a notice of pending application and a notice of public hearing under sub. (3), a brief, precise, easily understandable, plain language description of the subject matter of the pending application and information indicating where the pending application may be viewed on the department's Internet Web site.

167,68 Section 68. 30.208 (5) (b) 4. of the statutes is amended to read:

30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit, or to approve or disapprove a contract, for the activity or project described in the application.

167,69 Section 69. 30.208 (5) (b) 5. of the statutes is amended to read:

30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

167,70 Section 70. 30.208 (5) (bm) of the statutes is created to read:

30.208 (5) (bm) For the purpose of determining the date on which notice is provided under this subsection, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site, unless the department delegates to the applicant under par. (c) the requirement to provide notice. If the department delegates to the applicant the requirement to provide notice, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site or 10 days after the date on which the department receives satisfactory proof of publication of a class 1 notice from the applicant, whichever is later.

167,71 Section 71. 30.208 (5) (c) (intro.) of the statutes is amended to read:

30.208 (5) (c) (intro.) The department may delegate the department's requirement to provide notice under sub. (3) in the manner specified under par. (a) 1. or 2. or to provide notice under s. 30.209 (1m) by doing any of the following:

167,72 Section 72. 30.208 (5) (c) 2. of the statutes is amended to read:

30.208 (5) (c) 2. That Requiring that the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

167,73 Section 73. 30.209 (2) (a) of the statutes is amended to read:

30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

167,74 Section 74. 30.209 (2) (b) of the statutes is amended to read:

30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

167,75 Section 75. 30.209 (2) (c) of the statutes is amended to read:

30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

167,76 Section 76. 30.209 (2) (d) (intro.) of the statutes is amended to read:

30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

167,77 Section 77. 30.209 (2) (e) of the statutes is created to read:

30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

167,78 Section 78. 30.2095 (1) (b) of the statutes is amended to read:

30.2095 (1) (b) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, the The department may shall extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.

167,79 Section 79. 30.28 (2v) of the statutes is created to read:

30.28 (2v) Web site information fee. In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.

167,80 Section 80. 31.12 (5) of the statutes is created to read:

31.12 (5) The department shall establish an expedited procedure for approval of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The expedited procedure shall apply, in lieu of the procedure under this section, if the department determines that all of the following are satisfied:

(a) The plan design is of a common construction and size or is for a minor addition to an existing dam.

(b) The plan design is submitted by a registered professional engineer.

(c) The plan design is submitted by a person who has designed similar dams and none of those similar dams has caused adverse impacts to the environment.

(d) The plan design contains no unusual siting requirements or other unique design features.

(e) The plan design is for a dam that is located entirely on land that the permit grantee owns or that is located entirely on land for which the permit grantee has acquired an easement.

(f) The plan design is not likely to have an adverse impact on the environment.

167,81 Section 81. 84.01 (23) of the statutes is amended to read:

84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village, and city bridges, arches or culverts. The standards and specifications shall be developed after consultation with the department of natural resources, and shall be directed at preventing undue impairment of public rights in navigable waters. All highway bridges, arches, and culverts constructed or reconstructed by a county, town, village, or city shall be done in accordance with these standards and specifications.

167,82 Section 82. 227.01 (13) (rt) of the statutes is amended to read:

227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.

167,83 Section 83. 281.346 (9) (b) 1. (intro.) of the statutes is amended to read:

281.346 (9) (b) 1. (intro.) The department shall, by rule, create procedures for circulating providing to interested and potentially interested members of the public notices of each complete application that the department receives under sub. (5) to which the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6) applies, other than an application from a person operating a public water supply system that is covered by an approved water supply service area plan under s. 281.348, and each complete application that the department receives under sub. (4) and of each general permit that the department proposes to issue under sub. (4s) (a). The department shall include, in the rule, at least the following procedures:

167,84 Section 84. 281.346 (9) (b) 1. c. of the statutes is created to read:

281.346 (9) (b) 1. c. Publication of the notice through an electronic notification system established by the department.

167,85 Section 85. 281.346 (9) (b) 1. d. of the statutes is created to read:

281.346 (9) (b) 1. d. Publication of the notice on the department's Internet Web site.

167,86 Section 86. 281.346 (9) (b) 2. d. of the statutes is created to read:

281.346 (9) (b) 2. d. Information indicating where the complete application may be viewed on the department's Internet Web site.

167,87 Section 87. 281.346 (9) (bm) of the statutes is created to read:

281.346 (9) (bm) Notice date. For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

167,88 Section 88. 281.346 (9) (d) 3. of the statutes is amended to read:

281.346 (9) (d) 3. The department shall circulate provide public notice of any hearing held under this paragraph in the manner provided under par. (b) 1. The notice shall include the time, date, and location of the hearing, a summary of the subject matter of the application or proposed general permit, and information indicating where a copy of the application or proposed general permit that is the subject of the hearing may be found on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application or proposed general permit. If the hearing concerns an application received by the department, the notice shall also include the name and address of the applicant.

167,89 Section 89. 281.41 (5) of the statutes is created to read:

281.41 (5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under sub. (1) (b), if the department determines that all of the following are satisfied:

(a) The plan design is of a common construction and size or is for a minor addition to an existing facility.

(b) The plan design is submitted by a registered professional engineer.

(c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.

(d) The plan design contains no unusual siting requirements or other unique design features.

(e) The plan design is not likely to have an adverse impact on the environment.

167,90 Section 90. 283.39 (1) (intro.) of the statutes is amended to read:

283.39 (1) (intro.) The department shall promulgate by rule procedures for circulating providing to interested and potentially interested members of the public notices of each complete application for a permit. Procedures for the circulation of providing public notices shall include at least the following:

167,91 Section 91. 283.39 (1) (c) of the statutes is created to read:

283.39 (1) (c) Publication of the notice through an electronic notification system established by the department.

167,92 Section 92. 283.39 (1) (d) of the statutes is created to read:

283.39 (1) (d) Publication of the notice on the department's Internet Web site.

167,93 Section 93. 283.39 (1m) of the statutes is created to read:

283.39 (1m) Public notice under this section shall be considered to be provided on the date that the department first publishes the notice on its Internet Web site.

167,94 Section 94. 283.39 (3) (bg) of the statutes is created to read:

283.39 (3) (bg) Information indicating where the complete application may be viewed on the department's Internet Web site.

167,95 Section 95. 283.49 (1) (a) of the statutes is amended to read:

283.49 (1) (a) The department shall provide an opportunity for the applicant, any affected state, the U.S. environmental protection agency, any interested state or federal agency, person or group of persons to request a public hearing with respect to a permit application. Such request for a public hearing shall be filed with the department within 30 days after the circulation of the public notice of the complete permit application is provided and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.

167,96 Section 96. 283.49 (2) (a) of the statutes is amended to read:

283.49 (2) (a) Public notice of any hearing held under this section shall be circulated provided in accordance with the requirements of s. 283.39 (1) and the public notice shall be considered to be provided on the date specified in s. 283.39 (1m).

167,97 Section 97. 283.53 (1) of the statutes is amended to read:

283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall have a an initial term for more than 5 years. Upon the request of a permit holder, the department may renew the permit for a term of not more than 5 years, subject to sub. (3).

167,98 Section 98. 283.53 (2) (a) (intro.) of the statutes is amended to read:

283.53 (2) (a) (intro.) Any permit issued by the department under s. 283.31 or 283.33 may, after an opportunity for hearing, be modified, suspended terminated, or revoked and reissued, in whole or in part, for cause, including but not limited to: