2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 935
February 20, 2018 - Offered by Representative Wichgers.
1An Act to amend
30.206 (1) (a); and
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:
30.20 (3) of the statutes is created to read:
30.20 (3) General permits; removal of material from beds of navigable
6waters; riparian owners.
(a) In this subsection:
1. “Inland waters" has the meaning given in s. 29.001 (45).
2. “Line of navigation" means the depth of a navigable water required to 9
operate a boat on the navigable water.
3. “Riparian zone" means the area that extends from riparian land waterward 11
to the line of navigation as determined by a method that establishes riparian zone
lines between adjacent riparian owners in a manner that equitably apportions access 2
to the line of navigation.
(b) The department shall issue a statewide general permit under s. 30.206 on 4
or before the first day of the 6th month beginning after the effective date of this 5
paragraph .... [LRB inserts date], that authorizes a riparian owner to remove 6
material from an inland water that is an impoundment or associated feature, as 7
defined in rules promulgated by the department, without obtaining a permit under 8
s. 23.24 (3) if all of the following apply:
1. The removal occurs within the riparian owner's riparian zone.
2. The riparian owner's riparian zone abuts a navigable water that is affected 11
by a man-made impoundment, and the material removed is unconsolidated 12
sediment that was deposited after the navigable water was affected by the 13
3. The removal does not occur in a navigable water that is identified as an 15
outstanding or exceptional resource water under s. 281.15.
4. The total amount of material removed does not exceed 50 cubic yards per 17
5. The material is removed to allow the riparian owner to navigate from the 19
shoreline of his or her riparian property to the line of navigation.
6. The riparian owner uses best management practices, established by the 21
department and published on its Internet site, for the removal and disposal of the 22
30.206 (1) (a) of the statutes is amended to read:
(a) The department shall issue the statewide general permits 2
required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r),
30.20 (1t) (a), and
(1) The department of natural resources shall create the general permit under 6
section 30.20 (3) (b) of the statutes in consultation with local governmental units 7
established for the purpose of the management of lakes and other waterways.
(2) The department of natural resources shall establish for the general permit 9
under section 30.20 (3) (b) of the statutes a $350 application fee for an application 10
submitted by a group or association and a $60 application fee for an application 11
submitted by an individual.