30.025 (2) Hearing.
Once the applicant meets the requirements of sub. (1s) (a), 5
the department may schedule the matter for a public hearing. Notice of the hearing 6
shall be given to the applicant and shall be published as a class 1 notice under ch. 7
985 and as a notice on the department's Internet Web site
. The department may give 8
such further notice as it deems proper, and shall give notice to interested
requesting same. The department's notice to interested persons may be given
10through an electronic notification system established by the department. Notice of
11a hearing under this subsection published as a class 1 notice, as a notice on the
12department's Internet Web site, and through the electronic notification system
13established by the department shall include the time, date, and location of the
14hearing, the name and address of the applicant, a summary of the subject matter of
15the application, and information indicating where a copy of the application may be
16viewed on the department's Internet Web site. The summary shall contain a brief,
17precise, easily understandable, plain language description of the subject matter of
. One copy of the application shall be available for public inspection 19
at the office of the department, at least one copy in the regional office of the 20
department, and at least one copy at the main public library, of the area affected. 21
Notwithstanding s. 227.42, the hearing shall be an informational hearing and may 22
not be treated as a contested case hearing nor converted to a contested case hearing.
(a) This section does not impair the powers granted by law under s.
230.1235 or by other law
to municipalities to construct highway bridges, arches, or 3
culverts over streams.
530.102 Web site information. (1) Navigability determination and ordinary
6high-water mark identification.
If the department makes a determination that a 7
waterway is navigable or is not navigable or identifies the ordinary high-water mark 8
of a navigable waterway, the department shall publish that information on the 9
department's Internet Web site. Any person may rely on the information posted 10
under this section as being accurate. This section does not restrict the ability of a 11
person to challenge the accuracy of the information posted under this section.
12(2) Application status.
To the greatest extent possible, the department shall 13
publish on the department's Internet Web site the current status of any application 14
filed with the department for a permit, license, or other approval under this chapter. 15
The information shall include notice of any hearing scheduled by the department 16
with regard to the application.
1830.106 Areas of significant scientific value.
In identifying areas that 19
possess significant scientific value, the department may include only the following:
Specific portions of waters that contain critical habitat for endangered or 21
Specific portions of waters that are immediately adjacent to an area that 23
contains critical habitat for endangered or threatened species and that directly affect 24
Wild rice waters as identified in a written agreement between the 2
department and the Great Lakes Indian Fish and Wildlife Commission.
Waters in ecologically significant coastal wetlands along Lakes Michigan 4
and Superior as identified in the most recent assessment conducted by the 5
Rivers that are included in the national wild and scenic rivers system under 7
s. 30.27 and rivers that are designated as wild rivers under s. 30.26.
SB326-SSA1, s. 6
30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) 9
and amended to read:
(f) 1. (intro.) A pier or wharf that is no to which all of the following
12a. It is no
more than 6 feet wide, that extends.
13b. It extends
no further than to a point where the water is 3 feet at its maximum 14
depth as measured at summer low levels
, or to the point where there is adequate 15
depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from 16
the shoreline, and that has.
17c. It has
no more than 2 boat slips for the first 50 feet of the
riparian owner's 18
shoreline footage and no more than one additional boat slip for each additional 50 19
feet of the riparian owner's shoreline footage
Notwithstanding the width limitation in this paragraph subd. 1.
, a pier may 21
have an area as a loading platform that is more than 6 feet wide if the surface area
platform is not more than 8 feet wide, it extends perpendicular to one or both
23sides of the pier, and it is located at the lakeward end of the pier or at the end of the
24pier that extends into a stream does not exceed 200 square feet
30.12 (1h) Personal watercraft secured to piers allowed.
A riparian owner 2
may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the 3
riparian owner's shoreline footage and one additional personal watercraft for each 4
additional 50 feet of the riparian owner's shoreline footage without affecting the 5
riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of 6
this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
(c) If the riparian owner or owners of a property described in par. (a) 9
are eligible and propose to place a pier or wharf with the number of boat slips 10
specified in par. (a), the riparian owner or owners shall apply to the department for 11
an individual permit under s. 30.208 authorizing the configuration of the pier or 12
wharf unless the configuration is authorized by the department under a general 13
permit under s. 30.206 (1g)
. The department may not deny the permit on the basis 14
of the number of slips proposed by the riparian owner or owners if the number of slips 15
proposed does not exceed the number allowed under par. (a). A riparian owner or 16
owners who apply for a permit under this paragraph shall be presumed to be entitled 17
to the number of slips allowed under par. (a).
SB326-SSA1, s. 9
30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) 19
and amended to read:
(b) In addition to the exemptions under sub. (1g), a riparian owner 21
of a pier or wharf that was placed on the bed of a navigable water
before 22February 6, 2004 the effective date of this paragraph .... [LRB inserts date]
, is exempt 23
from the permit requirements under this section if all of the following apply: the pier
24or wharf does not interfere with the riparian rights of other riparian owners.
SB326-SSA1, s. 14
30.12 (1k) (cm) (intro.) of the statutes is amended to read:
(cm) (intro.) Except as provided in par. (d), the The
department may 7
not take any enforcement action under this chapter against a riparian owner for the 8
placement of any of the following:
SB326-SSA1, s. 15
30.12 (1k) (cm) 1. of the statutes is amended to read:
(cm) 1. A structure for which the department has issued a permit 11
under this section on or before February 6, 2004
, if the structure is in compliance with 12
SB326-SSA1, s. 16
30.12 (1k) (cm) 2. of the statutes is amended to read:
(cm) 2. A structure for which the department has issued a written 15
authorization on or before February 6, 2004
, if the structure is in compliance with 16
that written authorization.
SB326-SSA1, s. 18
30.12 (1k) (e) 2. of the statutes is amended to read:
(e) 2. If the exempt structure is a pier or wharf, relocate or 20
reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf,
21the riparian owner registered the pier or wharf with the department under par. (b)
223. and, before relocating or reconfiguring the pier or wharf, the riparian owner
23registers the reconfigured or relocated pier or wharf with the department under this
SB326-SSA1, s. 19
30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) 2
and amended to read:
(a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's 4
property for the purpose of storing or protecting watercraft and associated materials, 5
except that no general or individual permit may be issued for a permanent boat 6
shelter that is constructed after May 3, 1988, if the
any of the following apply:
property on which the permanent boat shelter is to be located also 8
contains a boathouse within 75 feet of the ordinary high-water mark
or if there.
is a boathouse over navigable waters adjacent to the owner's property.
SB326-SSA1, s. 20
30.12 (3) (a) 6. c. of the statutes is created to read:
(a) 6. c. The permanent boat shelter extends beyond the waterward 12
end of the owner's pier or the waterward side of the owner's wharf.
SB326-SSA1, s. 21
30.12 (3) (a) 14. of the statutes is created to read:
(a) 14. Place a pier or wharf on the bed of a navigable water that is 15
in, or that would directly affect, an area of special natural resource interest and that 16
is adjacent to the owner's property if the pier or wharf does not interfere with the 17
riparian rights of other riparian owners and it meets the requirements of sub. (1g) 18
(d) The department may impose conditions relating to the location, 22
design, construction, and installation of a pier or wharf placed under the authority 23
of a general permit issued under par. (a) 14., but may not prohibit a riparian owner 24
from placing a pier or wharf that meets the requirement of the general permit.
30.121 (1) Definition.
In this section, the terms "maintain" and "repair" 3
include replacing structural elements, including roofs, doors, walls, windows, 4
beams, porches, and floors.
30.121 (3) Maintenance and repair.
The riparian owner of any boathouse or 7
fixed houseboat extending beyond the ordinary high-water mark of any navigable 8
waterway may repair and or
maintain the boathouse or fixed houseboat if the cost 9of the repair or maintenance to repair or maintain the boathouse or fixed houseboat 10
does not exceed 50% of the equalized assessed value of the boathouse or fixed 11
houseboat. If the boathouse or fixed houseboat is not subject to assessment, the 12
owner may make repairs repair or maintain the boathouse or the fixed houseboat
the cost of the repair or maintenance does not exceed 50% of the current fair market 14
value of the boathouse or fixed houseboat.
30.121 (3c) Exception; certain boathouses.
Subsection (3) does not apply to 17
repairing or maintaining a boathouse if the boathouse was in existence on December 18
16, 1979, and the repairing or maintaining does not affect the size, location, or 19
configuration of the boathouse and does not result in the boathouse being converted 20
into living quarters.
30.121 (3g) Exception; historical or cultural value.
Subsection (3) does not 23
apply to the repair or maintenance of repairing or maintaining
a boathouse or a fixed 24
houseboat if the boathouse or fixed houseboat has a historic or cultural value, as
determined by the state historical society or a local or county historical society 2
established under s. 44.03.
30.121 (3r) Exception; damages after January 1, 1984.
Subsections (2) and (3) 5
do not apply to the repair or reconstruction of repairing or reconstructing
a damaged 6
boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the 7
damage occurs after January 1, 1984.
SB326-SSA1, s. 31
30.123 (7) (a) of the statutes is renumbered 30.123 (7).
(d) Construct, reconstruct, and maintain bridges and culverts that 13
are part of a transportation project that is carried out under the direction and 14
supervision of a municipality.
(a) Upon receipt of a complete application, the department shall
18follow the notice and hearing procedures under s. 30.208 (3) to (5)
The notice and
19hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3)
In addition to providing notice as required under s. 30.208 (3) to (5), the department 21
shall mail a copy of the notice to every person upon whose land any part of the canal 22
or any other structure will be located, to the clerk of the next town downstream, to 23
the clerk of any village or city in which the lake or stream is located and which is 24
adjacent to any municipality in which the withdrawal will take place and to each 25
person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
(f) Any land grading activity authorized under a stormwater 3
discharge permit issued under s. 283.33.
(g) Any land grading activity authorized by a permit issued by a 6
county under a shoreland zoning ordinance enacted under s. 59.692.
SB326-SSA1, s. 38
30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
(a) The department shall issue the statewide general permits as
12rules promulgated under ch. 227
required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19
, and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3)
14(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after
15February 6, 2004. The department shall submit in proposed form the rule containing
16the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d)
17to the legislative council staff under s. 227.15 (1) no later than August 1, 2004.
18General permits issued under s. 30.206, 2001 stats., shall remain valid until the date
19upon which the rules issuing these statewide general permits are promulgated
20under this paragraph.
SB326-SSA1, s. 42
30.206 (1) (am) and (ar) of the statutes are created to read:
(am) In addition to the general permits required under par. (a), the 23
department may issue a general permit authorizing an activity for which an 24
individual permit is issued, or a contract is entered into, under this subchapter.
(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract 2
that would otherwise be required for that activity under this subchapter.
(b) Except as provided in sub. (1r), a general permit issued under par. 5
(a) or (am) is valid for a period of 5 years, and an activity that the department 6
determines is authorized by a general permit remains authorized under the general 7
permit for a period of 5 years from the date of the department's determination or until 8
the activity is completed, whichever occurs first, regardless of whether the general 9
permit expired before the activity is completed. The department may renew or 10
modify, or revoke a general permit issued under par. (a) or (am) or s. 30.2065 upon 11
compliance with the requirements under subs. (2b) and (2m).
30.206 (1r) Transitions between permits.
Any general permit issued under 16
this section that is valid on the effective date of this subsection .... [LRB inserts date], 17
shall remain valid until the date upon which a general permit issued under sub. (1) 18
(a) or (am) that authorizes the same activity becomes effective.
30.206 (2b) Public notice.
(a) The department shall provide to interested 21
members of the public notices of its intention to issue, renew, modify, or revoke a 22
general permit under sub. (1) (a) or (am) or s. 30.2065. Procedures for providing 23
public notices shall include all of the following:
1. Publication of a class 1 notice under ch. 985.