AB600-ASA2,17,2321 (d) The removal of invasive species shall be conducted in a manner that
22prevents the spread of invasive species into the waters of this state and onto adjacent
23land.
AB600-ASA2,17,2524 (e) The activity may not involve the filling of a coastal wetland or the alteration
25of a coastal dune.
AB600-ASA2,32
1Section 32. 30.133 (1) of the statutes is amended to read:
AB600-ASA2,18,132 30.133 (1) Beginning on April 9, 1994, and except as provided in s. 30.1335, no
3owner of riparian land that abuts a navigable water may grant by an easement or
4by a similar conveyance any riparian right in the land to another person, except for
5the right to cross the land in order to have access to the navigable water. This right
6to cross the land may not include the right to place any structure or material,
7including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable
8water. This subsection does not prohibit an owner of riparian land that abuts a
9navigable water who owns a boat docking facility that is lawfully placed on that
10water from entering into an agreement with another owner of riparian land that
11abuts the same navigable water to use a shared boat docking facility in lieu of
12separate piers, provided that the agreement does not result in more boat slips than
13are authorized under s. 30.12.
AB600-ASA2,33 14Section 33. 30.19 (1b) (a) of the statutes is amended to read:
AB600-ASA2,18,1715 30.19 (1b) (a) "Artificial water body" means a proposed or existing body of
16water that does not have a history of being a lake or stream or of being part of a lake
17or stream.
AB600-ASA2,34 18Section 34. 30.19 (1g) (a) of the statutes is amended to read:
AB600-ASA2,18,2019 30.19 (1g) (a) Construct, dredge, or enlarge any artificial water body that
20connects with a an existing navigable waterway.
AB600-ASA2,35 21Section 35. 30.19 (1g) (am) of the statutes is amended to read:
AB600-ASA2,19,222 30.19 (1g) (am) Construct, dredge, or enlarge any part of an artificial water
23body that is or will be located within 500 feet of the ordinary high-water mark of, but
24that does not or will not connect with,
an existing navigable waterway, including.
25An artificial water body that meets the requirements of this paragraph includes
a

1stormwater management pond that does not discharge into a navigable waterway
2except as a result of storm events.
AB600-ASA2,36 3Section 36. 30.19 (1m) (dm) of the statutes is created to read:
AB600-ASA2,19,74 30.19 (1m) (dm) The dredging of any part of an artificial water that does not
5connect with a navigable waterway. An artificial water body that meets the
6requirements of this paragraph includes a stormwater management pond that does
7not discharge into a navigable waterway except as a result of storm events.
AB600-ASA2,37 8Section 37. 30.19 (4) (d) of the statutes is created to read:
AB600-ASA2,19,109 30.19 (4) (d) 1. In this paragraph, "covered municipality" has the meaning
10given in s. 281.16 (1) (br).
AB600-ASA2,19,1811 2. If the applicant is a covered municipality seeking an individual permit for
12the construction of a stormwater management pond in an artificial water body,
13whether navigable or nonnavigable, for the purpose of achieving compliance with
14performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
15or with an approved total maximum daily load under 33 USC 1313 (d) (1) (C), the
16department shall, in making its determinations under par. (c), take into
17consideration the sediment control in and water quality improvements to the
18watershed as a whole that result from the stormwater management pond.
AB600-ASA2,38 19Section 38. 30.20 (1g) (b) 3. of the statutes is created to read:
AB600-ASA2,19,2120 30.20 (1g) (b) 3. The removal is necessary to perform an activity authorized
21under s. 30.125 (2).
AB600-ASA2,39 22Section 39. 30.20 (1t) (b) of the statutes is created to read:
AB600-ASA2,19,2323 30.20 (1t) (b) 1. In this paragraph:
AB600-ASA2,19,2424 a. "Inland lake" means an inland water that is a lake.
AB600-ASA2,19,2525 b. "Inland water" has the meaning given in s. 29.001 (45).
AB600-ASA2,20,3
12. The department shall issue a statewide general permit under s. 30.206 that
2authorizes any riparian owner to remove material in the following amounts from a
3lake bed in the riparian owner's riparian zone:
AB600-ASA2,20,44 a. From an inland lake, up to 30 cubic yards.
AB600-ASA2,20,55 b. From an outlying water, up to 100 cubic yards.
AB600-ASA2,20,66 2m. The department may impose any of the following conditions on the permit:
AB600-ASA2,20,87 a. That the removal may not occur in a navigable water that is identified as an
8outstanding or exceptional resource water under s. 281.15.
AB600-ASA2,20,99 b. That the material may be removed only to the line of navigation.
AB600-ASA2,20,1210 c. That the riparian owner shall use best management practices, established
11by the department and published on its Internet site, for the removal and disposal
12of the material.
AB600-ASA2,20,1513 d. That the removal may not result in a water depth of more than the depth at
14the line of navigation or a depth extending to the bottom of a layer of primarily
15organic sediment, whichever is greater.
AB600-ASA2,20,1716 e. That the removal may not interfere with the rights of neighboring riparian
17owners.
AB600-ASA2,20,2018 3. The department may not limit to non-mechanized equipment the types of
19equipment that may be used to conduct the activity under the general permit under
20this paragraph.
AB600-ASA2,40 21Section 40. 30.20 (1t) (c) of the statutes is created to read:
AB600-ASA2,20,2522 30.20 (1t) (c) The department may not require a person to collect a sediment
23sample prior to proceeding under a general permit issued under par. (a) unless the
24department has specific information that indicates the potential that contaminants
25may be present in the material proposed to be dredged.
AB600-ASA2,41
1Section 41. 30.20 (2) (cn) of the statutes is created to read:
AB600-ASA2,21,52 30.20 (2) (cn) The department may not require an applicant for a permit under
3par. (bn) to collect a sediment sample unless the department has specific information
4that indicates the potential that contaminants may be present in the material
5proposed to be dredged.
AB600-ASA2,42 6Section 42. 30.206 (1) (a) of the statutes is amended to read:
AB600-ASA2,21,97 30.206 (1) (a) The department shall issue the statewide general permits
8required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a) and
9(b)
.
AB600-ASA2,43 10Section 43. 30.29 (3) (d) of the statutes is amended to read:
AB600-ASA2,21,1611 30.29 (3) (d) Activities for which a permit is issued Authorized activities . A
12person or agent of a person who is engaged in activities as authorized under a general
13or individual permit issued under this subchapter or as authorized under a contract
14entered into under this subchapter or who is engaged in activities landward of a
15lawfully established bulkhead line for which no permit or contract is required under
16this subchapter
.
AB600-ASA2,44 17Section 44. 31.02 (1) of the statutes is amended to read:
AB600-ASA2,22,418 31.02 (1) The department, in the interest of public rights in navigable waters
19or, to promote safety, and to protect life, health and , property, property values, and
20economic values
may regulate and control the level and flow of water in all navigable
21waters and may erect, or may order and require bench marks to be erected, upon
22which shall be designated the maximum level of water that may be impounded and
23the lowest level of water that may be maintained by any dam heretofore or hereafter
24constructed and maintained and which will affect the level and flow of navigable
25waters; and may by order fix a level for any body of navigable water below which the

1same shall not be lowered except as provided in this chapter; and shall establish and
2maintain gauging stations upon the various navigable waters of the state and shall
3take other steps necessary to determine and record the characteristics of such
4waters.
AB600-ASA2,45 5Section 45. 31.185 (5) of the statutes is amended to read:
AB600-ASA2,22,106 31.185 (5) As a prerequisite to the granting of a permit under this section, the
7department may require the applicant to comply with such conditions as it deems
8reasonably necessary in the particular case to preserve public rights in navigable
9waters, to promote safety, and to protect life, health and, property, property values,
10and economic values
.
AB600-ASA2,46 11Section 46. 31.345 of the statutes is created to read:
AB600-ASA2,22,19 1231.345 Petition for water level determination. (1) Within 30 days after
13the department receives a petition by a public inland lake protection and
14rehabilitation district to set the water level of a lake under s. 33.22 (6), the
15department shall make a preliminary water level determination for the lake. In
16making this determination, the department shall give substantial weight to any
17findings by the district relating to the water level the district has determined to be
18necessary to protect property, property values, and economic values within the
19district's jurisdiction.
AB600-ASA2,22,24 20(2) Within 15 days after the preliminary determination is made under sub. (1),
21the department shall post on the department's Internet site notice of its preliminary
22determination, all documents related to the determination, and a request for public
23comments on the determination. The department shall accept public comments for
2430 days after posting the request for public comments.
AB600-ASA2,23,7
1(3) Within 30 days after the public comment period under sub. (2) is closed, the
2secretary shall make a final water level determination for the lake. In making the
3final determination, the secretary of natural resources shall consider the district's
4petition, the department's preliminary determination under sub. (1), and all public
5comments received and shall give substantial weight to any findings by the district
6relating to the water level the district has determined to be necessary to protect
7property, property values, and economic values within the district's jurisdiction.
AB600-ASA2,47 8Section 47. 33.22 (6) of the statutes is created to read:
AB600-ASA2,23,129 33.22 (6) A district may petition the department to set, under ss. 31.02 (1) and
1031.345, the water level of a lake within the district's jurisdiction at a level the district
11determines to be necessary to protect property, property values, and economic values
12within the district's jurisdiction.
AB600-ASA2,48 13Section 48. 281.16 (1) (bg) of the statutes is created to read:
AB600-ASA2,23,1514 281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b)
15(a).
AB600-ASA2,49 16Section 49. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).
AB600-ASA2,50 17Section 50. 281.16 (2) (c) of the statutes is created to read:
AB600-ASA2,24,218 281.16 (2) (c) If a covered municipality has obtained all permits required for
19the construction of a storm water management pond in an artificial water body,
20whether navigable or nonnavigable, the department may not prohibit the
21construction of the storm water management pond as a method by which the covered
22municipality may achieve compliance with performance standards under par. (a) or
23with an approved total maximum daily load under 33 USC 1313 (d) (1) (C). The
24department shall give credit to the covered municipality for any pollutant reduction
25achieved by the storm water management pond in determining compliance with

1performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
2or an approved total maximum daily load under 33 USC 1313 (d).
AB600-ASA2,51 3Section 51. 281.36 (1) (am) of the statutes is created to read:
AB600-ASA2,24,74 281.36 (1) (am) "Demonstrable economic public benefit" means an economic
5benefit to the community or region that is measurable, such as increased access to
6natural resources, local spending by the proposed project, employment, or
7community investment.
AB600-ASA2,52 8Section 52. 281.36 (1) (ct) of the statutes is created to read:
AB600-ASA2,24,99 281.36 (1) (ct) "Small business" has the meaning given in s. 227.114 (1).
AB600-ASA2,53 10Section 53. 281.36 (3m) (b) of the statutes is amended to read:
AB600-ASA2,24,1511 281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include
12in an application submitted under par. (a) an analysis of the practicable alternatives
13that will avoid and minimize the adverse impacts of the discharge on wetland
14functional values and that will not result in any other significant adverse
15environmental consequences, subject to the limitations in sub. (3n) (a).
AB600-ASA2,54 16Section 54. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.)
17and amended to read:
AB600-ASA2,24,2418 281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland
19individual permit, during the period between the date on which the application
20under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m)
21(i) is rendered, the department shall conduct its review under this subsection. The
22department shall review the analysis of practicable alternatives presented in the
23application under sub. (3m) (b). The department shall limit its review of practicable
24alternatives as follows:
AB600-ASA2,25,3
11. The department shall limit its review to those practicable alternatives that
2are located at the site of the discharge and that are located adjacent to that site if the
3applicant has demonstrated that any of the following:
AB600-ASA2,25,5 4a. That the proposed project causing the discharge will result in a demonstrable
5economic public benefit, that.
AB600-ASA2,25,8 6b. That the proposed project is necessary for the expansion of an existing
7industrial, commercial, or agricultural facility that is in existence at the time the
8application is submitted, or that.
AB600-ASA2,25,10 9c. That the proposed project will occur in an industrial park that is in existence
10at the time the application is submitted.
AB600-ASA2,55 11Section 55. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:
AB600-ASA2,25,1512 281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit
13its review to those practicable alternatives that are located on the property owned
14by the applicant for a project involving fewer than 2 acres of wetland if the project
15is limited to one of the following:
AB600-ASA2,25,1716 a. The construction or expansion of a single-family home and attendant
17features.
AB600-ASA2,25,1818 b. The construction or expansion of a barn or farm buildings.
AB600-ASA2,25,1919 c. The expansion of a small business project.
AB600-ASA2,25,2420 3. The department shall limit its review to those practicable alternatives that
21are consistent with the overall purpose and scope of the project. The department
22shall impose a level of scrutiny and require an applicant to provide an amount of
23information that is commensurate with the severity of the environmental impact of
24the project, as determined by the department.
AB600-ASA2,56 25Section 56. 281.36 (3n) (am) of the statutes is created to read:
AB600-ASA2,26,5
1281.36 (3n) (am) Exception to review limit. A project that is part of a common
2plan of development that is initiated after July 1, 2012, is not eligible for the limited
3review under par. (a) 2. unless the wetland boundaries on the project site as shown
4in an onsite delineation have changed since commencement of the development
5project.
AB600-ASA2,57 6Section 57. 281.36 (4) (d) of the statutes is amended to read:
AB600-ASA2,26,97 281.36 (4) (d) Maintenance of drainage or roadside ditches except for those
8drainage or roadside ditches that serve as fish spawning habitat or passages to
9spawning habitat
.
AB600-ASA2,58 10Section 58. 281.36 (4) (f) of the statutes is created to read:
AB600-ASA2,26,1211 281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or
12stormwater detention basin and associated conveyance features.
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