2013 - 2014 LEGISLATURE
March 10, 2014 - Introduced by Senators Lasee,
Tiffany, Grothman and Schultz,
cosponsored by Representatives
Jacque, A. Ott, Bernier, Tittl, Spiros,
Sanfelippo, Thiesfeldt, Kulp, Czaja, Skowronski, Brooks, Swearingen,
Krug, Schraa and Williams. Referred to Natural Resources.
1An Act to repeal
30.123 (6) (intro.) (except title), 30.123 (6) (e) and 30.123 (7) 2
(b); to amend
30.123 (6) (b), 30.123 (6) (d), 30.123 (6m) (intro.), 30.123 (6r) (a), 3
30.123 (6s) (a) (intro.) and 30.123 (6s) (b); and to create
30.123 (6) (dg), 30.123 4
(6) (dr), 30.123 (6) (f) and 30.123 (9) of the statutes; relating to: replacement
5and maintenance of existing culverts and design and engineering work for the
6construction and placement of certain culverts.
Analysis by the Legislative Reference Bureau
Current law generally prohibits any person from constructing, placing, or
maintaining a culvert in or over a navigable water without being issued an
individual permit by the Department of Natural Resources (DNR) or without
receiving authorization to proceed under a statewide general permit issued by DNR.
Under current law, a culvert is exempt from these permitting requirements if it is
replacing an existing culvert and it either does not have an inside diameter that
exceeds 24 inches or it is in compliance with the conditions imposed by the applicable
This bill adds an exemption for a culvert that is replacing an existing culvert
that is not authorized by an individual or a general permit. Under the bill, the
replacement culvert is exempt if it is the same length, diameter, and size as the
existing culvert, if it will not have a lower the flow rate capacity than the existing
culvert, and it will be at the same location and have the same slope as the existing
Under the bill, a replacement culvert may not have an inside diameter that
exceeds 48 inches in diameter if it is being constructed or placed on a navigable water
that is identified by DNR as an outstanding or exceptional resource water.
Also, the bill exempts from the individual and general permitting requirements
the maintenance of a culvert if the flow rate capacity will not be decreased as a result
of the maintenance.
Under the bill, DNR must be responsible for the design and engineering costs
in determining whether the construction or placement of a culvert is exempt from or
subject to the general or individual permitting process that applies to culverts.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
30.123 (6) (intro.) (except title) of the statutes is repealed.
30.123 (6) (b) of the statutes is amended to read:
(b) The construction and maintenance of bridges by the department 4
of transportation in accordance with s. 30.2022 are exempt from the permitting
5requirements under this section
30.123 (6) (d) of the statutes is amended to read:
(d) The Subject to par. (dr), the
construction or placement and the 8
maintenance of a new
culvert to replace a that replaces an existing
culvert that is 9
authorized under a permit issued under s. 30.12 or 30.123, this section is exempt
10from the permitting requirements under this section
if the construction, placement, 11
and maintenance will comply with the same
conditions of the permit.
30.123 (6) (dg) of the statutes is created to read:
(dg) Subject to par. (dr), the construction or placement and the 14
maintenance of a new culvert that replaces an existing culvert that is not authorized 15
under a permit issued under s. 30.12 or this section is exempt from the permitting 16
requirements under this section if all of the following apply:
1. The culvert that is being constructed or placed will not have a flow rate 2
capacity that is less than the flow rate capacity of the existing culvert.
2. Both culverts are the same length and have the same inside diameter.
3. Both culverts are otherwise the same in size and area.
4. The replacement culvert is made out of a material that is comparable to the 6
material of which the existing culvert is made.
5. The replacement culvert will be at the same location and at the same 8
elevation and will have the same slope as the existing culvert.
30.123 (6) (dr) of the statutes is created to read:
(dr) A replacement culvert that is on a navigable water that is 11
identified as an outstanding or exceptional resource water under s. 281.15 is exempt 12
under par. (d) or (dg) only if the culvert has an inside diameter that does not exceed 13
30.123 (6) (e) of the statutes is repealed.
30.123 (6) (f) of the statutes is created to read:
(f) The maintenance of a culvert is exempt from the permitting 17
requirements under this section if the the flow rate capacity will not be decreased as 18
a result of the maintenance.
30.123 (6m) (intro.) of the statutes is amended to read:
30.123 (6m) Permits in lieu of exemptions.
(intro.) The department may 21
decide to require that a person engaged in an activity that is exempt under sub. (6) 22
(d) or (e) to (dr)
apply for an individual permit or seek authorization under a general 23
permit if the department has conducted an investigation and visited the site of the 24
activity and has determined that conditions specific to the site require restrictions 25
on the activity in order to prevent any of the following:
30.123 (6r) (a) of the statutes is amended to read:
(a) A person may submit to the department a written statement 3
requesting that the department determine whether a proposed activity is exempt 4
under sub. (6) (d) or (e) to (dr)
. The statement shall contain a description of the 5
proposed activity and site and shall give the department consent to enter and inspect 6
30.123 (6s) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The department may promulgate rules concerning the 9
exempt activities under sub. (6) (d) to (dr)
that only do any of the following:
30.123 (6s) (b) of the statutes is amended to read:
(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2.
not establish practices or requirements that prohibit the construction of replacement 13
culverts or that render the placement of culverts economically cost-prohibitive.
30.123 (7) (b) of the statutes is repealed.
30.123 (9) of the statutes is created to read:
30.123 (9) Engineering costs.
The department shall be responsible for all of 17
the engineering and design work that is necessary to determine whether the 18
construction or placement of a culvert by a municipality is exempt under this section 19
or is subject to the general or individual permitting requirements under this section. 20
The department may enter into a contract with another person to perform this work.