LRBs0364/2
ZDW:amn/wlj/kjf
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 935
February 20, 2018 - Offered by Representative Wichgers.
AB935-ASA1,1,3 1An Act to amend 30.206 (1) (a); and to create 30.20 (3) of the statutes; relating
2to:
creating a general permit for certain riparian owners to remove material
3from the bed of a navigable water and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB935-ASA1,1 4Section 1. 30.20 (3) of the statutes is created to read:
AB935-ASA1,1,65 30.20 (3) General permits; removal of material from beds of navigable
6waters; riparian owners.
(a) In this subsection:
AB935-ASA1,1,77 1. “Inland waters" has the meaning given in s. 29.001 (45).
AB935-ASA1,1,98 2. “Line of navigation" means the depth of a navigable water required to
9operate a boat on the navigable water.
AB935-ASA1,2,210 3. “Riparian zone" means the area that extends from riparian land waterward
11to the line of navigation as determined by a method that establishes riparian zone

1lines between adjacent riparian owners in a manner that equitably apportions access
2to the line of navigation.
AB935-ASA1,2,83 (b) The department shall issue a statewide general permit under s. 30.206 on
4or before the first day of the 6th month beginning after the effective date of this
5paragraph .... [LRB inserts date], that authorizes a riparian owner to remove
6material from an inland water that is an impoundment or associated feature, as
7defined in rules promulgated by the department, without obtaining a permit under
8s. 23.24 (3) if all of the following apply:
AB935-ASA1,2,99 1. The removal occurs within the riparian owner's riparian zone.
AB935-ASA1,2,1310 2. The riparian owner's riparian zone abuts a navigable water that is affected
11by a man-made impoundment, and the material removed is unconsolidated
12sediment that was deposited after the navigable water was affected by the
13impoundment.
AB935-ASA1,2,1514 3. The removal does not occur in a navigable water that is identified as an
15outstanding or exceptional resource water under s. 281.15.
AB935-ASA1,2,1716 4. The total amount of material removed does not exceed 50 cubic yards per
17year.
AB935-ASA1,2,1918 5. The material is removed to allow the riparian owner to navigate from the
19shoreline of his or her riparian property to the line of navigation.
AB935-ASA1,2,2220 6. The riparian owner uses best management practices, established by the
21department and published on its Internet site, for the removal and disposal of the
22material.
AB935-ASA1,2 23Section 2. 30.206 (1) (a) of the statutes is amended to read:
AB935-ASA1,3,3
130.206 (1) (a) The department shall issue the statewide general permits
2required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a), and
330.20 (3)
.
AB935-ASA1,3 4Section 3. Nonstatutory provisions.
AB935-ASA1,3,75 (1) The department of natural resources shall create the general permit under
6section 30.20 (3) (b) of the statutes in consultation with local governmental units
7established for the purpose of the management of lakes and other waterways.
AB935-ASA1,3,118 (2) The department of natural resources shall establish for the general permit
9under section 30.20 (3) (b) of the statutes a $350 application fee for an application
10submitted by a group or association and a $60 application fee for an application
11submitted by an individual.
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