2011 Wisconsin Act 167

30.206 (2m) Public hearing. (a) 1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public hearing with respect to the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Such request for a public hearing shall be filed with the department within 30 days after the provision of the public notice under sub. (2b) and shall indicate the 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. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this section are not contested cases under s. 227.01 (3).

(b) Public notice of any hearing held under this subsection shall be provided in accordance with the requirements under sub. (2b). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the general permit, and information indicating where additional information about the general permit may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the general permit.

167,49 Section 49. 30.206 (3) (a) of the statutes is amended to read:

30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit under this section or s. 30.2065 shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

167,50 Section 50. 30.206 (5) of the statutes is amended to read:

30.206 (5) Failure to follow procedural requirements. Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.

167,50m Section 50m. 30.206 (5m) of the statutes is created to read:

30.206 (5m) Legislative review of general permits. (a) In this subsection:

1. "Appropriate senate committee" means the standing committee of the senate with jurisdiction over natural resources matters as determined by the presiding officer of the senate.

2. "Appropriate assembly committee" means the standing committee of the assembly with jurisdiction over natural resources matters as determined by the presiding officer of the assembly.

(b) If, by a majority vote of a quorum of the appropriate senate committee and the appropriate assembly committee, each of those committees suspends any general permit, the committees shall jointly publish a Class 1 notice under ch. 985 of the suspension in the official state newspaper and give any other notice that the committees consider appropriate.

(c) If the appropriate senate committee and the appropriate assembly committee suspend a general permit as provided in par. (b), each of the committees shall, within 30 days after the suspension, meet and take executive action regarding the introduction in the respective house of the legislature of a bill to support the suspension. The appropriate senate committee and the appropriate assembly committee shall each introduce a bill within 5 working days after taking executive action in favor of introduction of the respective bill unless the bill cannot be introduced during this time period under the rules of the respective house of the legislature. If a bill cannot be introduced during this time period, the bills shall be introduced on the first day on which the rules of the respective house of the legislature allow introduction.

(d) 1. If both of the bills introduced under par. (c) are adversely disposed of, or fail to be enacted in any other manner before the last day of the regular session of the legislature in which the bills are introduced, the general permit remains in effect and may not be suspended under this subsection again. If either bill is enacted, the general permit is permanently suspended and may not be issued again unless a subsequent law specifically authorizes issuance of the general permit.

2. If a person commences to conduct an activity under the authority of a general permit, and the general permit is subsequently suspended under this subsection, the person may continue to conduct the activity in the manner, and for the period, originally authorized under the general permit notwithstanding the suspension of the general permit.

167,51 Section 51. 30.206 (6) of the statutes is amended to read:

30.206 (6) Request for individual permit. A person proposing an activity for which a general permit has been issued under this section or s. 30.2065 may request an individual permit under the applicable provisions of this subchapter or ch. 31 in lieu of seeking authorization under the general permit.

167,51m Section 51m. 30.206 (8) of the statutes is created to read:

30.206 (8) Report. (a) Within 30 days after issuing, renewing, modifying, or revoking a general permit, the department shall prepare a report that gives notification of the department's action. If the action being reported is the issuance, renewal, or modification of a general permit, the department shall include a copy of the permit with the report. If the action being reported is the renewal, modification, or revocation of a general permit, the report shall include an analysis of the implementation and activities conducted under the general permit and shall contain all of the following information:

1. The number of times notifications to proceed under the general permit were received by the department under sub. (3) (a).

2. The number of times the department requested additional information under sub. (3) (b).

3. The number of times the department informed applicants under sub. (3) (b) that individual permits would be required.

(b) A report under par. (a) shall cover the time period beginning with the date of original issuance of the general permit, or the date of the most recent prior modification or renewal, and ending with the date of the revocation, modification, or renewal that causes the report to be required.

(c) The department shall distribute the report to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

167,52 Section 52. 30.2065 (2) (a) of the statutes is amended to read:

30.2065 (2) (a) Upon compliance with the requirements under subs. (3) and (4), the The department may issue a general permit to a person wishing to proceed with an activity. A permit issued under this subsection is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36.

167,53 Section 53. 30.2065 (2) (b) of the statutes is amended to read:

30.2065 (2) (b) A general permit issued under this subsection is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed. The department may renew or modify a general permit issued under this subsection.

167,54 Section 54. 30.2065 (3) to (9) of the statutes are repealed.

167,55 Section 55. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and amended to read:

30.208 (2) (a) Review; no additional information required. In issuing individual permits or entering contracts under this subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than review an application, and within 30 days after the application is submitted, the department shall determine that either the application is complete or that additional information is needed. If the department determines that the application is complete, the department shall notify the applicant in writing about the initial determination of completeness of that fact within the 30-day period, and the date on which the notice under this paragraph is sent shall be considered the date of closure for purposes of sub. (3) (a).

(b) Additional information requested. If the department determines that the application is incomplete, the department shall notify the applicant in writing and may make only one request for additional information during the 30-day period specified in par. (a). Within 10 days after receiving all of the requested information from the applicant, the department shall notify the applicant in writing as to whether the application is complete. The date on which the 2nd notice under this paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The department may request additional information from the applicant to supplement the application, but the department may not request items of information that are outside the scope of the original request unless the applicant and the department both agree. A request for any such additional information may not affect the date of closure.

(c) Specificity of notice; limits on information. Any notice stating that an application has been determined to be incomplete or any other request for information that is sent under par. (b) shall state the reason for the determination or request and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete that are still needed.

167,56 Section 56. 30.208 (2) (d) of the statutes is created to read:

30.208 (2) (d) Failure to meet time limits. If the department fails to meet the 30-day time limit under par. (a) or 10-day time limit under par. (b), the application shall be considered to have a date of closure that is the last day of that 30-day or 10-day time period for purposes of sub. (3) (a).

167,57 Section 57. 30.208 (3) (a) of the statutes is amended to read:

30.208 (3) (a) Upon determination by the department under sub. (2), that an application submitted under sub. (1) is complete Within 15 days after the date of closure, as determined under sub. (2) (a) or (b), the department shall provide notice of complete pending application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete pending application.

167,58 Section 58. 30.208 (3) (b) of the statutes is amended to read:

30.208 (3) (b) If the notice of complete pending application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing with or without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

167,59 Section 59. 30.208 (3) (c) of the statutes is amended to read:

30.208 (3) (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 20 days after the department completes providing provides the notice of complete pending application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination decision to hold a public hearing.

167,60 Section 60. 30.208 (3) (e) of the statutes is amended to read:

30.208 (3) (e) Within 30 20 days after the public hearing is held period for public comment under sub. (4) (b) has ended or if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving or disapproving the contract that is the subject of the application submitted under sub. (1).

167,60g Section 60g. 30.208 (3) (eg) of the statutes is created to read:

30.208 (3) (eg) 1. The department and the applicant may agree to extend the 20-day or 30-day time period specified in par. (e) one time for a specific number of additional days. The extension may not exceed 30 days.

2. The department may also extend the 20-day or 30-day time period specified in par. (e) if adverse weather conditions prevent the department from conducting an accurate on-site inspection during the 20-day or 30-day time period. The department shall give notice to the applicant of this extension. The department shall complete the inspection as soon as weather conditions permit, but the extension may not exceed 30 days under any circumstances.

167,60r Section 60r. 30.208 (3) (er) of the statutes is created to read:

30.208 (3) (er) If the decision rendered by the department under par. (e) is a denial or disapproval, the department shall include in the decision the specific grounds and reasons as to how the applicable provisions of this subchapter were not met. If the denial or disapproval is based on an incomplete application, the department shall inform the applicant of the areas of the application that were incomplete.

167,61 Section 61. 30.208 (3) (f) of the statutes is created to read:

30.208 (3) (f) If the department fails to comply with the time periods under par. (e), a decision issuing the permit, modifying the permit, or approving the contract shall be considered to be rendered. The permit that is issued or is modified, or the contract that is approved, shall authorize the activity as proposed by the applicant, but the department may impose terms and conditions on the permit or contract that are consistent with the applicant's basic proposal.

167,62 Section 62. 30.208 (4) (a) of the statutes is amended to read:

30.208 (4) (a) The department shall provide a period for public comment after the department has provided a notice of complete pending application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete pending application, except as provided in par. (b).

167,63 Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:

30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for providing notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). The procedures shall require all of the following:

167,64 Section 64. 30.208 (5) (a) 3. of the statutes is created to read:

30.208 (5) (a) 3. That the notice be published on the department's Internet Web site.

167,65 Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:

30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and content of notices of complete pending applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1m). Each notice shall include all of the following information:

167,66 Section 66. 30.208 (5) (b) 3m. of the statutes is created to read:

30.208 (5) (b) 3m. For a notice of public hearing under sub. (3), the time, date, and location of the hearing.

167,67 Section 67. 30.208 (5) (b) 3r. of the statutes is created to read:

30.208 (5) (b) 3r. For a notice of pending application and a notice of public hearing under sub. (3), a brief, precise, easily understandable, plain language description of the subject matter of the pending application and information indicating where the pending application may be viewed on the department's Internet Web site.

167,68 Section 68. 30.208 (5) (b) 4. of the statutes is amended to read:

30.208 (5) (b) 4. For a notice of complete pending application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit, or to approve or disapprove a contract, for the activity or project described in the application.

167,69 Section 69. 30.208 (5) (b) 5. of the statutes is amended to read:

30.208 (5) (b) 5. For a notice of complete pending application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

167,70 Section 70. 30.208 (5) (bm) of the statutes is created to read:

30.208 (5) (bm) For the purpose of determining the date on which notice is provided under this subsection, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site, unless the department delegates to the applicant under par. (c) the requirement to provide notice. If the department delegates to the applicant the requirement to provide notice, the date of the notice shall be the date on which the department first publishes the notice on its Internet Web site or 10 days after the date on which the department receives satisfactory proof of publication of a class 1 notice from the applicant, whichever is later.

167,71 Section 71. 30.208 (5) (c) (intro.) of the statutes is amended to read:

30.208 (5) (c) (intro.) The department may delegate the department's requirement to provide notice under sub. (3) in the manner specified under par. (a) 1. or 2. or to provide notice under s. 30.209 (1m) by doing any of the following:

167,72 Section 72. 30.208 (5) (c) 2. of the statutes is amended to read:

30.208 (5) (c) 2. That Requiring that the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

167,73 Section 73. 30.209 (2) (a) of the statutes is amended to read:

30.209 (2) (a) An administrative hearing under this subsection section shall be treated as a contested case under ch. 227.

167,74 Section 74. 30.209 (2) (b) of the statutes is amended to read:

30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the administrative hearing. The hearing examiner shall make the determination based on the request under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

167,75 Section 75. 30.209 (2) (c) of the statutes is amended to read:

30.209 (2) (c) A An administrative hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

167,76 Section 76. 30.209 (2) (d) (intro.) of the statutes is amended to read:

30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall provide a notice of the administrative hearing at least 30 days before the date of the hearing to all of the following:

167,77 Section 77. 30.209 (2) (e) of the statutes is created to read:

30.209 (2) (e) In an administrative hearing under this section, the petitioner shall proceed first with the presentation of evidence and shall have the burden of proof.

167,78 Section 78. 30.2095 (1) (b) of the statutes is amended to read:

30.2095 (1) (b) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, the The department may shall extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if the grantee requests an extension prior to expiration of the initial time limit.

167,79 Section 79. 30.28 (2v) of the statutes is created to read:

30.28 (2v) Web site information fee. In addition to each fee charged under sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.

167,80 Section 80. 31.12 (5) of the statutes is created to read:

31.12 (5) The department shall establish an expedited procedure for approval of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The expedited procedure shall apply, in lieu of the procedure under this section, if the department determines that all of the following are satisfied:

(a) The plan design is of a common construction and size or is for a minor addition to an existing dam.