(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.
2. Providing a copy of the notice to any person or group upon request of the 2
person or group.
3. Publication of the notice through an electronic notification system 4
established by the department.
4. Publication of the notice on the department's Internet Web site.
(am) For the purpose of determining the date on which public notice is provided 7
under this subsection, the date on which the department first publishes the notice 8
on its Internet Web site shall be considered the date of public notice.
(b) The department shall provide a period of not less than 30 days after the date 10
of the public notice during which time interested persons may submit their written 11
comments on the department's intention to issue, renew, modify, or revoke a general 12
permit under sub. (1) (a) or (am) or s. 30.2065. All written comments submitted 13
during the period for comment shall be retained by the department and considered 14
by the department in acting on the general permit.
(c) Every public notice issued by the department under par. (a) shall include 16
a description of any activities to be authorized under the general permit.
30.206 (2m) Public hearing.
(a) 1. The department shall provide an 19
opportunity for any interested state agency or federal agency or person or group of 20
persons to request a public hearing with respect to the department's intention to 21
issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 22
30.2065. Such request for a public hearing shall be filed with the department within 23
30 days after the provision of the public notice under sub. (2b) and shall indicate the 24
interest of the party filing the request and the reasons why a hearing is warranted.
2. The department shall hold a public hearing upon a request under subd. 1. 2
if the department determines that there is a significant public interest in holding 3
such a hearing. Hearings held under this section are not contested cases under s. 4
(b) Public notice of any hearing held under this subsection shall be provided in 6
accordance with the requirements under sub. (2b). The public notice shall include 7
the time, date, and location of the hearing, a summary of the subject matter of the 8
general permit, and information indicating where additional information about the 9
general permit may be viewed on the department's Internet Web site. The summary 10
shall contain a brief, precise, easily understandable, plain language description of 11
the subject matter of the general permit.
(a) A person wishing to proceed with an activity that may be 14
authorized by a general permit under this section or s. 30.2065
shall apply to the 15
department, with written notification of the person's wish to proceed, not less than 16
30 days before commencing the activity authorized by a general permit. The 17
notification shall provide information describing the activity in order to allow the 18
department to determine whether the activity is authorized by the general permit 19
and shall give the department consent to enter and inspect the site, subject to s. 20
30.291. The department may make a request for additional information one time 21
during the 30-day period. If the department makes a request for additional 22
information, the 30-day period is tolled from the date the person applying for 23
authorization to proceed receives the request until the date on which the department 24
receives the information.
30.206 (5) Failure to follow procedural requirements.
Failure of an
to follow the procedural requirements of this section may result in 3
forfeiture but may not, by itself, result in abatement of the activity.
30.206 (6) Request for individual permit.
A person proposing an activity for 6
which a general permit has been issued under this section or s. 30.2065
may request 7
an individual permit under the applicable provisions of this subchapter or ch. 31 in 8
lieu of seeking authorization under the general permit.
(a) Upon compliance with the requirements under subs. (3) and (4),
department may issue a general permit to a person wishing to proceed with 12
an activity. A permit issued under this subsection is in lieu of any permit or approval 13
that would otherwise be required for that activity under this chapter or s. 31.02, 14
31.12, 31.33, 281.15, or 281.36.
(b) A general permit issued under this subsection is valid for a 17
period of 5 years except that an activity that the department determines is 18
authorized by a general permit remains authorized under the permit until the 19
activity is completed. The department may renew or modify a general permit issued
20under this subsection.
SB326-SSA1, s. 55
30.208 (2) of the statutes is renumbered 30.208 (2) (a) and 23
amended to read:
(a) Review; no additional information required.
In issuing 25
individual permits or entering contracts under this subchapter, the department shall
1initially determine whether a complete application for the permit or contract has
2been submitted and, no later than review an application, and within
30 days after 3
the application is submitted, the department shall determine that either the
4application is complete or that additional information is needed. If the department
5determines that the application is complete, the department shall
notify the 6
applicant in writing about the initial determination of completeness of that fact
7within the 30-day period, and the date on which the notice under this paragraph is
8sent shall be considered the date of closure for purposes of sub. (3) (a)
9(b) Additional information requested.
If the department determines that the 10
application is incomplete, the department shall notify the applicant in writing and
11may make only one request for additional information during the 30-day period
12specified in par. (a). Within 10 days after receiving all of the requested information
13from the applicant, the department shall notify the applicant in writing as to
14whether the application is complete. The date on which the 2nd notice under this
15paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The
16department may request additional information from the applicant to supplement
17the application, but the department may not request items of information that are
18outside the scope of the original request unless the applicant and the department
19both agree. A request for any such additional information may not affect the date
21(c) Specificity of notice; limits on information. Any
notice stating that an
22application has been determined to be incomplete or any other request for
23information that is sent under par. (b)
shall state the reason for the determination 24or request
and the specific items of information
necessary to make the application
25complete. An applicant may supplement and resubmit an application that the
1department has determined to be incomplete. There is no limit on the number of
2times that an applicant may resubmit an application that the department has
3determined to be incomplete under this section. The department may not demand
4items of information that are not specified in the notice as a condition for determining
5whether the application is complete unless both the department and the applicant
6agree or unless the applicant makes material additions or alterations to the activity
7or project for which the application has been submitted. The rules promulgated
8under s. 299.05 apply only to applications for individual permits or contracts under
9this subchapter that the department has determined to be complete
that are still
(d) Failure to meet time limits.
If the department fails to meet the 13
30-day time limit under par. (a) or 10-day time limit under par. (b), the application 14
shall be considered to have a date of closure that is the last day of that 30-day or 15
10-day time period for purposes of sub. (3) (a).
(a) Upon determination by the department under sub. (2), that an
18application submitted under sub. (1) is complete Within 15 days after the date of
19closure, as determined under sub. (2) (a) or (b)
, the department shall provide notice 20
of complete pending
application to interested and potentially
interested members of 21
the public, as determined by the department. The department shall provide the
22notice within 15 days after the determination that the application is complete.
If the 23
applicant has requested a public hearing as part of the submitted application, a 24
notice of public hearing shall be part of the notice of complete pending
(b) If the notice of complete pending
application does not contain a 2
notice of public hearing, any person may request a public hearing in writing or the 3
department may decide to hold a public hearing with or
without a request being 4
submitted if the department determines that there is a significant public interest in 5
holding a hearing.
(c) A request for a public hearing under par. (b) must be submitted 8
to the department or the department's decision to hold a public hearing must occur 9
within 30 20
days after the department completes providing provides
the notice of 10complete pending
application. The department shall provide notice of public hearing 11
within 15 days after the request for public hearing is submitted or the department 12
makes its determination decision to hold a public hearing
(e) Within 30 20
days after the public hearing is held period for public
15comment under sub. (4) (b) has ended
or if no public hearing is held, within 30 days 16
of the 30-day comment period under sub. (4) (a), the department shall render a 17
issuing, denying, or modifying the permit or approving or disapproving
contract that is the subject of the application submitted under sub. (1). If the decision
19issued by the department under this paragraph is a denial or disapproval, the
20department shall include in the decision the specific grounds and reasons as to how
21the applicable provisions of this subchapter were not met. If the denial or
22disapproval is based on an incomplete application, the department shall inform the
23applicant of the areas of the application that were incomplete.
(f) If the department fails to comply with the time periods under par. 2
(e), a decision issuing the permit, modifying the permit, or approving the contract 3
shall be considered to be rendered. The permit that is issued or is modified, or the 4
contract that is approved, shall authorize the activity as proposed by the applicant, 5
but the department may impose terms and conditions on the permit or contract that 6
are consistent with the applicant's basic proposal.
(a) The department shall provide a period for public comment after 9
the department has provided a notice of complete
application under sub. (3) 10
(a), during which time any person may submit written comments with respect to the 11
application for the permit or contract. The department shall retain all of the written 12
comments submitted during this period and shall consider all of the comments in the 13
formulation of the final decision on the application. The period for public comment 14
shall end on the 30th day following the date on which the department completes 15
providing the notice of complete pending
application, except as provided in par. (b).
SB326-SSA1, s. 63
30.208 (5) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The department shall, by rule, establish procedures for 18
providing notices of complete pending
applications and notices of public hearings to 19
be provided under sub. (3), and notices of administrative hearings to be provided 20
under s. 30.209 (1m). The procedures shall require all of the following:
SB326-SSA1, s. 64
30.208 (5) (a) 3. of the statutes is created to read:
(a) 3. That the notice be published on the department's Internet Web 23
SB326-SSA1, s. 65
30.208 (5) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department shall, by rule, prescribe the form and 2
content of notices of complete pending
applications and notices of public hearings to 3
be provided under sub. (3), and notices of administrative hearings to be provided 4
under s. 30.209 (1m). Each notice shall include all of the following information:
SB326-SSA1, s. 66
30.208 (5) (b) 3m. of the statutes is created to read: