SB326-SSA1,4,16 12(2) Application status. To the greatest extent possible, the department shall
13publish on the department's Internet Web site the current status of any application
14filed with the department for a permit, license, or other approval under this chapter.
15The information shall include notice of any hearing scheduled by the department
16with regard to the application.
SB326-SSA1, s. 5 17Section 5. 30.106 of the statutes is created to read:
SB326-SSA1,4,19 1830.106 Areas of significant scientific value. In identifying areas that
19possess significant scientific value, the department may include only the following:
SB326-SSA1,4,21 20(1) Specific portions of waters that contain critical habitat for endangered or
21threatened species.
SB326-SSA1,4,24 22(2) Specific portions of waters that are immediately adjacent to an area that
23contains critical habitat for endangered or threatened species and that directly affect
24that habitat.
SB326-SSA1,5,2
1(3) Wild rice waters as identified in a written agreement between the
2department and the Great Lakes Indian Fish and Wildlife Commission.
SB326-SSA1,5,5 3(4) Waters in ecologically significant coastal wetlands along Lakes Michigan
4and Superior as identified in the most recent assessment conducted by the
5department.
SB326-SSA1,5,7 6(5) Rivers that are included in the national wild and scenic rivers system under
7s. 30.27 and rivers that are designated as wild rivers under s. 30.26.
SB326-SSA1, s. 6 8Section 6. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.)
9and amended to read:
SB326-SSA1,5,1110 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following
11apply:
SB326-SSA1,5,12 12a. It is no more than 6 feet wide, that extends.
SB326-SSA1,5,16 13b. It extends no further than to a point where the water is 3 feet at its maximum
14depth as measured at summer low levels, or to the point where there is adequate
15depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from
16the shoreline, and that has.
SB326-SSA1,5,19 17c. It has no more than 2 boat slips for the first 50 feet of the riparian owner's
18shoreline footage and no more than one additional boat slip for each additional 50
19feet of the riparian owner's shoreline footage.
SB326-SSA1,5,24 202. Notwithstanding the width limitation in this paragraph subd. 1., a pier may
21have an area as a loading platform that is more than 6 feet wide if the surface area
22of the
platform is not more than 8 feet wide, it extends perpendicular to one or both
23sides of the pier, and it is located at the lakeward end of the pier or at the end of the
24pier that extends into a stream
does not exceed 200 square feet.
SB326-SSA1, s. 7 25Section 7. 30.12 (1h) of the statutes is created to read:
SB326-SSA1,6,6
130.12 (1h) Personal watercraft secured to piers allowed. A riparian owner
2may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the
3riparian owner's shoreline footage and one additional personal watercraft for each
4additional 50 feet of the riparian owner's shoreline footage without affecting the
5riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of
6this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
SB326-SSA1, s. 8 7Section 8. 30.12 (1j) (c) of the statutes is amended to read:
SB326-SSA1,6,178 30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a)
9are eligible and propose to place a pier or wharf with the number of boat slips
10specified in par. (a), the riparian owner or owners shall apply to the department for
11an individual permit under s. 30.208 authorizing the configuration of the pier or
12wharf unless the configuration is authorized by the department under a general
13permit under s. 30.206 (1g). The department may not deny the permit on the basis
14of the number of slips proposed by the riparian owner or owners if the number of slips
15proposed does not exceed the number allowed under par. (a). A riparian owner or
16owners who apply for a permit under this paragraph shall be presumed to be entitled
17to the number of slips allowed under par. (a).
SB326-SSA1, s. 9 18Section 9. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b)
19and amended to read:
SB326-SSA1,6,2420 30.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner
21of a pier or wharf that was placed on the bed of a navigable water on or before
22February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt
23from the permit requirements under this section if all of the following apply: the pier
24or wharf does not interfere with the riparian rights of other riparian owners.
SB326-SSA1, s. 10 25Section 10. 30.12 (1k) (b) 1. of the statutes is repealed.
SB326-SSA1, s. 11
1Section 11. 30.12 (1k) (b) 2. of the statutes is repealed.
SB326-SSA1, s. 12 2Section 12. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act
325
, is repealed.
SB326-SSA1, s. 13 4Section 13. 30.12 (1k) (c) of the statutes is repealed.
SB326-SSA1, s. 14 5Section 14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
SB326-SSA1,7,86 30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may
7not take any enforcement action under this chapter against a riparian owner for the
8placement of any of the following:
SB326-SSA1, s. 15 9Section 15. 30.12 (1k) (cm) 1. of the statutes is amended to read:
SB326-SSA1,7,1210 30.12 (1k) (cm) 1. A structure for which the department has issued a permit
11under this section on or before February 6, 2004, if the structure is in compliance with
12that permit.
SB326-SSA1, s. 16 13Section 16. 30.12 (1k) (cm) 2. of the statutes is amended to read:
SB326-SSA1,7,1614 30.12 (1k) (cm) 2. A structure for which the department has issued a written
15authorization on or before February 6, 2004, if the structure is in compliance with
16that written authorization.
SB326-SSA1, s. 17 17Section 17. 30.12 (1k) (d) of the statutes is repealed.
SB326-SSA1, s. 18 18Section 18. 30.12 (1k) (e) 2. of the statutes is amended to read:
SB326-SSA1,7,2419 30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or
20reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf,
21the riparian owner registered the pier or wharf with the department under par. (b)
223. and, before relocating or reconfiguring the pier or wharf, the riparian owner
23registers the reconfigured or relocated pier or wharf with the department under this
24subdivision
.
SB326-SSA1, s. 19
1Section 19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
2and amended to read:
SB326-SSA1,8,63 30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's
4property for the purpose of storing or protecting watercraft and associated materials,
5except that no general or individual permit may be issued for a permanent boat
6shelter that is constructed after May 3, 1988, if the any of the following apply:
SB326-SSA1,8,8 7a. The property on which the permanent boat shelter is to be located also
8contains a boathouse within 75 feet of the ordinary high-water mark or if there.
SB326-SSA1,8,9 9b. There is a boathouse over navigable waters adjacent to the owner's property.
SB326-SSA1, s. 20 10Section 20. 30.12 (3) (a) 6. c. of the statutes is created to read:
SB326-SSA1,8,1211 30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward
12end of the owner's pier or the waterward side of the owner's wharf.
SB326-SSA1, s. 21 13Section 21. 30.12 (3) (a) 14. of the statutes is created to read:
SB326-SSA1,8,1814 30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is
15in, or that would directly affect, an area of special natural resource interest and that
16is adjacent to the owner's property if the pier or wharf does not interfere with the
17riparian rights of other riparian owners and it meets the requirements of sub. (1g)
18(f).
SB326-SSA1, s. 22 19Section 22. 30.12 (3) (br) of the statutes is repealed.
SB326-SSA1, s. 23 20Section 23. 30.12 (3) (d) of the statutes is created to read:
SB326-SSA1,8,2421 30.12 (3) (d) The department may impose conditions relating to the location,
22design, construction, and installation of a pier or wharf placed under the authority
23of a general permit issued under par. (a) 14., but may not prohibit a riparian owner
24from placing a pier or wharf that meets the requirement of the general permit.
SB326-SSA1, s. 24 25Section 24. 30.12 (3m) (ar) of the statutes is repealed.
SB326-SSA1, s. 25
1Section 25. 30.121 (1) of the statutes is created to read:
SB326-SSA1,9,42 30.121 (1) Definition. In this section, the terms "maintain" and "repair"
3include replacing structural elements, including roofs, doors, walls, windows,
4beams, porches, and floors.
SB326-SSA1, s. 26 5Section 26. 30.121 (3) of the statutes is amended to read:
SB326-SSA1,9,146 30.121 (3) Maintenance and repair. The riparian owner of any boathouse or
7fixed houseboat extending beyond the ordinary high-water mark of any navigable
8waterway may repair and or maintain the boathouse or fixed houseboat if the cost
9of the repair or maintenance to repair or maintain the boathouse or fixed houseboat
10does not exceed 50% of the equalized assessed value of the boathouse or fixed
11houseboat. If the boathouse or fixed houseboat is not subject to assessment, the
12owner may make repairs repair or maintain the boathouse or the fixed houseboat if
13the cost of the repair or maintenance does not exceed 50% of the current fair market
14value of the boathouse or fixed houseboat.
SB326-SSA1, s. 27 15Section 27. 30.121 (3c) of the statutes is created to read:
SB326-SSA1,9,2016 30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to
17repairing or maintaining a boathouse if the boathouse was in existence on December
1816, 1979, and the repairing or maintaining does not affect the size, location, or
19configuration of the boathouse and does not result in the boathouse being converted
20into living quarters.
SB326-SSA1, s. 28 21Section 28. 30.121 (3g) of the statutes is amended to read:
SB326-SSA1,9,2422 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not
23apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed
24houseboat if the boathouse or fixed houseboat has a historic or cultural value, as

1determined by the state historical society or a local or county historical society
2established under s. 44.03.
SB326-SSA1, s. 29 3Section 29. 30.121 (3r) of the statutes is amended to read:
SB326-SSA1,10,74 30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3)
5do not apply to the repair or reconstruction of repairing or reconstructing a damaged
6boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the
7damage occurs after January 1, 1984.
SB326-SSA1, s. 30 8Section 30. 30.123 (6) (a) of the statutes is repealed.
SB326-SSA1, s. 31 9Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
SB326-SSA1, s. 32 10Section 32. 30.123 (7) (b) of the statutes is repealed.
SB326-SSA1, s. 33 11Section 33. 30.123 (7) (d) of the statutes is created to read:
SB326-SSA1,10,1412 30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that
13are part of a transportation project that is carried out under the direction and
14supervision of a municipality.
SB326-SSA1, s. 34 15Section 34. 30.1235 of the statutes is repealed.
SB326-SSA1, s. 35 16Section 35. 30.18 (4) (a) of the statutes is amended to read:
SB326-SSA1,10,2517 30.18 (4) (a) Upon receipt of a complete application, the department shall
18follow the notice and hearing procedures under s. 30.208 (3) to (5)
The notice and
19hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3)
.
20In addition to providing notice as required under s. 30.208 (3) to (5), the department
21shall mail a copy of the notice to every person upon whose land any part of the canal
22or any other structure will be located, to the clerk of the next town downstream, to
23the clerk of any village or city in which the lake or stream is located and which is
24adjacent to any municipality in which the withdrawal will take place and to each
25person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
SB326-SSA1, s. 36
1Section 36. 30.19 (1m) (f) of the statutes is created to read:
SB326-SSA1,11,32 30.19 (1m) (f) Any land grading activity authorized under a stormwater
3discharge permit issued under s. 283.33.
SB326-SSA1, s. 37 4Section 37. 30.19 (1m) (g) of the statutes is created to read:
SB326-SSA1,11,65 30.19 (1m) (g) Any land grading activity authorized by a permit issued by a
6county under a shoreland zoning ordinance enacted under s. 59.692.
SB326-SSA1, s. 38 7Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
SB326-SSA1, s. 39 8Section 39. 30.19 (3r) (b) of the statutes is repealed.
SB326-SSA1, s. 40 9Section 40. 30.20 (1t) (b) of the statutes is repealed.
SB326-SSA1, s. 41 10Section 41. 30.206 (1) (a) of the statutes is amended to read:
SB326-SSA1,11,2011 30.206 (1) (a) The department shall issue the statewide general permits as
12rules promulgated under ch. 227
required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19
13(3r)
, and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3)
14(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after
15February 6, 2004. The department shall submit in proposed form the rule containing
16the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d)
17to the legislative council staff under s. 227.15 (1) no later than August 1, 2004.
18General permits issued under s. 30.206, 2001 stats., shall remain valid until the date
19upon which the rules issuing these statewide general permits are promulgated
20under this paragraph.
SB326-SSA1, s. 42 21Section 42. 30.206 (1) (am) and (ar) of the statutes are created to read:
SB326-SSA1,11,2422 30.206 (1) (am) In addition to the general permits required under par. (a), the
23department may issue a general permit authorizing an activity for which an
24individual permit is issued, or a contract is entered into, under this subchapter.
SB326-SSA1,12,2
1(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract
2that would otherwise be required for that activity under this subchapter.
SB326-SSA1, s. 43 3Section 43. 30.206 (1) (b) of the statutes is created to read:
SB326-SSA1,12,114 30.206 (1) (b) Except as provided in sub. (1r), a general permit issued under par.
5(a) or (am) is valid for a period of 5 years, and an activity that the department
6determines is authorized by a general permit remains authorized under the general
7permit for a period of 5 years from the date of the department's determination or until
8the activity is completed, whichever occurs first, regardless of whether the general
9permit expired before the activity is completed. The department may renew or
10modify, or revoke a general permit issued under par. (a) or (am) or s. 30.2065 upon
11compliance with the requirements under subs. (2b) and (2m).
SB326-SSA1, s. 44 12Section 44. 30.206 (1g) of the statutes is repealed.
SB326-SSA1, s. 45 13Section 45. 30.206 (1m) of the statutes is repealed.
SB326-SSA1, s. 46 14Section 46. 30.206 (1r) of the statutes is created to read:
SB326-SSA1,12,1815 30.206 (1r) Transitions between permits. Any general permit issued under
16this section that is valid on the effective date of this subsection .... [LRB inserts date],
17shall remain valid until the date upon which a general permit issued under sub. (1)
18(a) or (am) that authorizes the same activity becomes effective.
SB326-SSA1, s. 47 19Section 47. 30.206 (2b) of the statutes is created to read:
SB326-SSA1,12,2320 30.206 (2b) Public notice. (a) The department shall provide to interested
21members of the public notices of its intention to issue, renew, modify, or revoke a
22general permit under sub. (1) (a) or (am) or s. 30.2065. Procedures for providing
23public notices shall include all of the following:
SB326-SSA1,12,2424 1. Publication of a class 1 notice under ch. 985.
SB326-SSA1,13,2
12. Providing a copy of the notice to any person or group upon request of the
2person or group.
SB326-SSA1,13,43 3. Publication of the notice through an electronic notification system
4established by the department.
SB326-SSA1,13,55 4. Publication of the notice on the department's Internet Web site.
SB326-SSA1,13,86 (am) For the purpose of determining the date on which public notice is provided
7under this subsection, the date on which the department first publishes the notice
8on its Internet Web site shall be considered the date of public notice.
SB326-SSA1,13,149 (b) The department shall provide a period of not less than 30 days after the date
10of the public notice during which time interested persons may submit their written
11comments on the department's intention to issue, renew, modify, or revoke a general
12permit under sub. (1) (a) or (am) or s. 30.2065. All written comments submitted
13during the period for comment shall be retained by the department and considered
14by the department in acting on the general permit.
Loading...
Loading...