AB655-ASA2,11,1414 30.12 (3) (title) General permits.
AB655-ASA2, s. 28 15Section 28. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to
16read:
AB655-ASA2,11,1817 30.12 (3) (a) (intro.) The department shall issue statewide general permits
18under s. 30.206 that authorize riparian owners to do all of the following:
AB655-ASA2, s. 29 19Section 29. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and
20amended to read:
AB655-ASA2,11,2321 30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar
22device that is placed on the bed of navigable waters for the purpose of improving fish
23habitat.
AB655-ASA2, s. 30 24Section 30. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and
25amended to read:
AB655-ASA2,12,3
130.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar
2structure that is placed on the bed of a navigable water for the purpose of improving
3wildlife habitat.
AB655-ASA2, s. 31 4Section 31. 30.12 (3) (a) 3. of the statutes is repealed.
AB655-ASA2, s. 32 5Section 32. 30.12 (3) (a) 3c. of the statutes is created to read:
AB655-ASA2,12,76 30.12 (3) (a) 3c. Place riprap in order to replace or repair existing riprap, other
7than riprap that is exempt under sub. (1g) (i) or (j).
AB655-ASA2, s. 33 8Section 33. 30.12 (3) (a) 3g. of the statutes is created to read:
AB655-ASA2,12,119 30.12 (3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent
10to an owner's property in an amount up to and including 100 continuous feet in an
11inland lake of 300 acres or more.
AB655-ASA2, s. 34 12Section 34. 30.12 (3) (a) 3r. of the statutes is created to read:
AB655-ASA2,12,1513 30.12 (3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent
14to an owner's property in an amount up to and including 300 continuous feet in a
15Great Lakes water body.
AB655-ASA2, s. 35 16Section 35. 30.12 (3) (a) 6. of the statutes is amended to read:
AB655-ASA2,12,2317 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
18for the purpose of storing or protecting watercraft and associated materials, except
19that no general or individual permit may be granted issued for a permanent boat
20shelter which is constructed after May 3, 1988, if the property on which the
21permanent boat shelter is to be located also contains a boathouse within 75 feet of
22the ordinary high-water mark or if there is a boathouse over navigable waters
23adjacent to the owner's property.
AB655-ASA2, s. 36 24Section 36. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and
25amended to read:
AB655-ASA2,13,3
130.12 (1g) (g) Place an An intake structure and pipe that is placed on the bed
2of a navigable water for the purpose of constructing a dry fire hydrant to supply water
3for fire protection.
AB655-ASA2, s. 37 4Section 37. 30.12 (3) (a) 8. of the statutes is renumbered 30.12 (1g) (h) and
5amended to read:
AB655-ASA2,13,86 30.12 (1g) (h) Drive a piling A piling that is driven into the bed of a navigable
7water adjacent to the owner's property for the purpose of deflecting ice, protecting
8an existing or proposed structure, or providing a pivot point for turning watercraft.
AB655-ASA2, s. 38 9Section 38. 30.12 (3) (a) 13. of the statutes is created to read:
AB655-ASA2,13,1310 30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a
11permit has been issued under this chapter. The replacement may not exceed 100
12continuous feet in an inland lake of 300 or more acres and may not exceed 300
13continuous feet in a Great Lakes water body.
AB655-ASA2, s. 39 14Section 39. 30.12 (3) (b) of the statutes is repealed.
AB655-ASA2, s. 40 15Section 40. 30.12 (3) (bn) of the statutes is repealed.
AB655-ASA2, s. 41 16Section 41. 30.12 (3) (br) of the statutes is created to read:
AB655-ASA2,13,1917 30.12 (3) (br) The department may promulgate rules that specify structures or
18deposits, in addition to those listed in par. (a), that may be authorized by statewide
19general permits.
AB655-ASA2, s. 42 20Section 42. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.)
21and amended to read:
AB655-ASA2,14,2 2230.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian
23owner is exempt from the permit requirements under sub. (2) and this subsection s.
2430.12
for a structure that is placed on the bed of a navigable water in the Wolf River

1and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the
2ordinary high-water mark, if the following conditions apply:
AB655-ASA2, s. 43 3Section 43. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1)
4to (9).
AB655-ASA2, s. 44 5Section 44. 30.12 (3) (c) of the statutes is amended to read:
AB655-ASA2,14,166 30.12 (3) (c) The department may promulgate rules deemed necessary to carry
7out the purposes of
impose conditions on general permits issued under par. (a) 6.,
8including rules to establish minimum standards
to govern the architectural features
9of boat shelters and the number of boat shelters that may be constructed adjacent
10to a parcel of land. The rules conditions may not govern the aesthetic features or color
11of boat shelters. The standards conditions shall be designed to assure ensure the
12structural soundness and durability of a boat shelter boat shelters. A municipality
13may enact ordinances not inconsistent that are consistent with this section or with
14rules promulgated under this section regulating
paragraph and with any conditions
15imposed on general permits issued to regulate
the architectural features of boat
16shelters that are under the jurisdiction of the municipality.
AB655-ASA2, s. 45 17Section 45. 30.12 (3) (d) of the statutes is repealed.
AB655-ASA2, s. 46 18Section 46. 30.12 (3m) of the statutes is created to read:
AB655-ASA2,14,2219 30.12 (3m) Individual permits. (a) For a structure or deposit that is not exempt
20under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian
21owner may apply to the department for the individual permit that is required under
22sub. (1) in order to place the structure for the owner's use or to deposit the material.
AB655-ASA2,14,2423 (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an
24application under par. (a).
AB655-ASA2,15,3
1(c) The department shall issue an individual permit to a riparian owner for a
2structure or a deposit pursuant to an application under par. (a) if the department
3finds that all of the following apply:
AB655-ASA2,15,44 1. The structure or deposit will not materially obstruct navigation.
AB655-ASA2,15,55 2. The structure or deposit will not be detrimental to the public interest.
AB655-ASA2,15,76 3. The structure or deposit will not materially reduce the flood flow capacity
7of a stream.
AB655-ASA2, s. 47 8Section 47. 30.12 (4) (title) of the statutes is repealed.
AB655-ASA2, s. 48 9Section 48. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and
10amended to read:
AB655-ASA2,15,2011 30.2022 (1) Activities affecting waters of the state , as defined in s. 281.01 (18),
12that are carried out under the direction and supervision of the department of
13transportation in connection with highway, bridge, or other transportation project
14design, location, construction, reconstruction, maintenance, and repair are not
15subject to the prohibitions or permit or approval requirements specified under this
16section or
s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231,
17or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest
18practical time prior to the commencement of these activities, the department of
19transportation shall notify the department of the location, nature , and extent of the
20proposed work that may affect the waters of the state.
AB655-ASA2, s. 49 21Section 49. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and
22amended to read:
AB655-ASA2,16,223 30.2022 (2) The exemption under par. (a) sub. (1) does not apply unless the
24activity is accomplished in accordance with interdepartmental liaison procedures

1established by the department and the department of transportation for the purpose
2of minimizing the adverse environmental impact, if any, of the activity.
AB655-ASA2, s. 50 3Section 50. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and
4amended to read:
AB655-ASA2,16,135 30.2022 (3) If the department determines that there is reasonable cause to
6believe that an activity being carried out under this subsection section is not in
7compliance with the environmental protection requirements developed through
8interdepartmental liaison procedures, it shall notify the department of
9transportation. If the secretary and the secretary of transportation are unable to
10agree upon the methods or time schedules to be used to correct the alleged
11noncompliance, the secretary, notwithstanding the exemption provided in this
12subsection section, may proceed with enforcement actions as the secretary deems
13appropriate.
AB655-ASA2, s. 51 14Section 51. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).
AB655-ASA2, s. 52 15Section 52. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and
16amended to read:
AB655-ASA2,16,1917 30.2022 (5) Except as may be required otherwise under s. 1.11, no public notice
18or hearing is required in connection with any interdepartmental consultation and
19cooperation under this subsection section.
AB655-ASA2, s. 53 20Section 53. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended
21to read:
AB655-ASA2,16,2322 30.2022 (6) This subsection section does not apply to activities in the Lower
23Wisconsin State Riverway, as defined in s. 30.40 (15).
AB655-ASA2, s. 54 24Section 54. 30.12 (4m) (title) of the statutes is repealed.
AB655-ASA2, s. 55
1Section 55. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12
2(1m) (c) (intro.), as renumbered, is amended to read:
AB655-ASA2,17,63 30.12 (1m) (c) (intro.) Subsection (1) does not apply to a A structure or deposit
4that the drainage board for the Duck Creek Drainage District places in a drain that
5the board operates in the Duck Creek Drainage District is exempt from the permit
6requirements under this section
if either of the following applies:
AB655-ASA2, s. 56 7Section 56. 30.121 (3w) of the statutes is created to read:
AB655-ASA2,17,108 30.121 (3w) Exception; commercial boathouses. Notwithstanding subs. (2)
9and (3), a person may construct, repair, or maintain a boathouse if all of the following
10apply:
AB655-ASA2,17,1111 (a) The boathouse is used exclusively for commercial purposes.
AB655-ASA2,17,1412 (b) The boathouse is located on land zoned exclusively for commercial or
13industrial purposes or the boathouse is located on a brownfield, as defined in s.
14560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).
AB655-ASA2,17,1715 (c) The boathouse is located within a harbor that is being operated as a
16commercial enterprise or is located on a river that is a tributary of Lake Michigan
17or Lake Superior.
AB655-ASA2,17,2018 (d) The person has been issued any applicable individual permits under this
19subchapter and is in compliance with any applicable general permitting
20requirements under this subchapter.
AB655-ASA2, s. 57 21Section 57. 30.123 (title) of the statutes is repealed and recreated to read:
AB655-ASA2,17,22 2230.123 (title) Bridges and culverts.
AB655-ASA2, s. 58 23Section 58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to
24read:
AB655-ASA2,18,5
130.1235 Municipal bridge construction. Municipalities which construct or
2reconstruct highway bridges shall not be required to obtain permits under this
3section or s. 30.10 or
s. 30.12 or 30.123 for such that construction or reconstruction.
4All municipal highway bridges shall be constructed or reconstructed in accordance
5with standards developed under s. 84.01 (23).
AB655-ASA2, s. 59 6Section 59. 30.123 (2) of the statutes is amended to read:
AB655-ASA2,18,167 30.123 (2) Permits required. Except as provided in sub. (1) and s. 30.12 (4)
8Unless an individual or a general permit has been issued under this section or
9authorization has been granted by the legislature
, no person may construct or
10maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable
11waters unless a permit has been issued by the department under this section. The
12application for a permit shall contain the applicant's name and address, the proposed
13location of the bridge, a cross section and plan view of the navigable waters and
14adjacent uplands, a description of materials to be used in construction of the bridge,
15plans for the proposed bridge, evidence of permission to construct the bridge from the
16riparian owners and any other information required by the department
.
AB655-ASA2, s. 60 17Section 60. 30.123 (3) of the statutes is repealed.
AB655-ASA2, s. 61 18Section 61. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and
19amended to read:
AB655-ASA2,19,220 30.123 (8) (c) The department shall review the plans for the proposed bridge
21to determine whether the proposed bridge will be an obstruction to navigation or will
22adversely affect the flood flow capacity of the stream.
The department shall grant
23the
issue an individual permit if the proposed pursuant to an application under par.
24(a) if the department finds that the
bridge or culvert will not materially obstruct

1navigation, will not materially reduce the effective flood flow capacity of a stream or
2be
, and will not be detrimental to the public interest.
AB655-ASA2, s. 62 3Section 62. 30.123 (6) of the statutes is created to read:
AB655-ASA2,19,44 30.123 (6) Exemptions. Subsection (2) does not apply to any of the following:
AB655-ASA2,19,65 (a) The construction and maintenance of highway bridges to which s. 30.1235
6applies.
AB655-ASA2,19,87 (b) The construction and maintenance of bridges by the department of
8transportation in accordance with s. 30.2022.
AB655-ASA2,19,129 (d) The construction or placement and the maintenance of a culvert to replace
10a culvert that is authorized under a permit issued under s. 30.12 or 30.123, if the
11construction, placement, and maintained will comply with the same conditions of the
12permit.
AB655-ASA2,19,1413 (e) The construction or placement and the maintenance of a culvert to replace
14a culvert that has an inside diameter that does not exceed 24 inches.
AB655-ASA2, s. 63 15Section 63. 30.123 (6m) of the statutes is created to read:
AB655-ASA2,19,2116 30.123 (6m) Permits in lieu of exemptions. The department may decide to
17require that a person engaged in an activity that is exempt under sub. (6) (d) or (e)
18apply for an individual permit or seek authorization under a general permit if the
19department has conducted an investigation and visited the site of the activity and
20has determined that conditions specific to the site require restrictions on the activity
21in order to prevent any of the following:
AB655-ASA2,19,2222 (a) Significant adverse impacts to the public rights and interests.
AB655-ASA2,19,2323 (b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA2,19,2424 (c) Material injury to the riparian rights of any riparian owner.
AB655-ASA2, s. 64 25Section 64. 30.123 (6r) of the statutes is created to read:
AB655-ASA2,20,5
130.123 (6r) Exemption determinations. (a) A person may submit to the
2department a written statement requesting that the department determine whether
3a proposed activity is exempt under sub. (6) (d) or (e). The statement shall contain
4a description of the proposed activity and site and shall give the department consent
5to enter and inspect the site.
AB655-ASA2,20,76 (b) The department shall do all of the following within 15 days after receipt of
7a statement under par. (a).
AB655-ASA2,20,98 1. Enter and inspect the site on which the activity is located, subject to s. 30.291,
9if the department determines such an inspection is necessary.
AB655-ASA2,20,1010 2. Make a determination as to whether the activity is exempt.
AB655-ASA2,20,1311 3. Notify in writing the person submitting the statement which general or
12individual permit will be required for the activity, if the department determines that
13the activity is not exempt.
AB655-ASA2,20,1714 (c) If the department does not take action under par. (b), the department may
15not require at any time that the person proposing to engage in the activity apply for
16an individual permit or seek authorization under a general permit unless required
17to do so by a court or hearing examiner.
AB655-ASA2,20,1918 (d) If a statement under par. (a) is not given or if the statement does not give
19consent to inspect, the 15-day time limit under par. (b) does not apply.
AB655-ASA2, s. 65 20Section 65. 30.123 (6s) of the statutes is created to read:
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