AB755: Bill Text

LRB-4809/2

MGG:jlg:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 755

January 27, 1998 - Introduced by Representatives Olsen, Kaufert, Klusman and Wieckert, cosponsored by Senator Roessler. Referred to Committee on Natural Resources.

AB755,1,4 An Act to amend 30.28 (1), 30.28 (2m) (a), 30.28 (2m) (b) and 30.28 (2m) (d); and to create 30.206 (7), 30.207, 30.28 (2) (b) and 30.28 (2m) (am) of the statutes; relating to: issuing general permits for activities in navigable waters that are located in the Wolf River and the Fox River basin area.

Analysis by the Legislative Reference Bureau

Under current law, the department of natural resources (DNR) must issue permits authorizing activities in navigable waters such as the placement of structures or deposits. Under current law, for certain types of activities in navigable waters, DNR may issue a general permit that allows anyone to engage in a type of activity as opposed to an individual permit to a specific individual who wants to engage in the activity. These activities include placing certain structures such as fish cribs or bird nesting platforms, placing gravel and riprap and enlarging certain artificial waterways.

This bill establishes a 5-year project for the Wolf River and Fox River basin area under which DNR will issue general permits. The basin area consists of all of Winnebago County and Fond du Lac County and portions of Waushara County, Calumet County, Waupaca County and Outagamie County. Under the bill, in this area, certain persons and entities may apply for a general permit to engage in any activity that would require an individual permit in a certain area of the river basin area. The persons or entities who may apply are counties, cities, towns, villages, public inland lake protection and rehabilitation districts, town sanitary districts, any group of 10 riparian owners and any person or entity that has constructed more than 25 projects requiring a permit for an activity in navigable waters. The bill establishes a specific application process under which DNR makes an initial determination. If DNR decides not to deny the permit at this initial step, DNR proceeds on the application by conducting an environmental analysis, consulting with interested parties and holding a hearing in certain instances. Under the bill, DNR must issue the general permit if it determines that the environmental impact of the activity is insignificant and that the issuance of the permit will not cause pollution or injury the rights of the public or riparian property owners.

Once a general permit is issued, a person may notify DNR in writing that the person wishes to proceed to conduct an activity covered by the general permit. DNR may inform the person that the person may not proceed with the activity if the activity would cause an adverse environmental impact, cause pollution or injure public rights and interests.

The bill establishes fees for applying for a general permit and for submitting a written notice under a general permit. The bill establishes a partial refund for an applicant who is denied a general permit.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB755, s. 1 Section 1. 30.206 (7) of the statutes is created to read:

AB755,2,4 30.206 (7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area if the application for the general permit may be submitted under s. 30.207.

AB755, s. 2 Section 2. 30.207 of the statutes is created to read:

AB755,3,3 30.207 General permit pilot program for the Wolf River and Fox River basin area. (1) Geographical area. For purposes of this section, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont, and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

AB755,3,9 (2) Activities covered. Within the Wolf River and Fox River basin area, the department may issue a general permit under this section authorizing any activity that would require a permit or approval under this chapter if the department determines that it is appropriate to issue a general permit under sub. (6). The department may issue a general permit on its own initiative or based on an application submitted under sub. (3).

AB755,3,14 (3) Application for general permit. (a) Any municipality, public inland lake protection and rehabilitation district or town sanitary district, any group of 10 riparian owners who will be affected by the issuance of a general permit, or any person or entity that has constructed more than 25 projects requiring a permit or approval under this chapter may apply for a general permit under this section.

AB755,3,19 (b) Upon the request of a prospective applicant specified in par. (a), and before an application is submitted, the department shall meet with the prospective applicant, and other interested persons as determined by the prospective applicant or the department, to make a preliminary analysis of the likelihood that the department will issue the general permit.

AB755,3,21 (c) An application for a general permit under this section shall include all of the following:

AB755,3,22 1. The name, legal address and telephone number of each applicant.

AB755,3,24 2. A U.S. geological survey map or similar map that has a scale of not less than one inch per 2,000 feet and that shows the proposed permit area.

AB755,4,2 3. A general legal description to quarter-quarter section of the proposed permit area.

AB755,4,6 4. A diagram to scale showing the activity proposed for the general permit with contours and cross-section profiles that show a representative example of existing conditions and a representative example of any alteration to navigable waters or the adjacent lands that may result from the activity.

AB755,4,9 5. Topographic, bathymetric, soil or other maps, photographs or other data to demonstrate the characteristics of the proposed permit area if the maps, photographs or data are reasonably available.

AB755,4,13 6. The names and addresses of at least 5 persons who own real property adjacent to the navigable waters located in the proposed permit area. If fewer than 5 persons own real property adjacent to such waters, the application shall include the names and addresses of all of these persons.

AB755,4,16 (d) The department shall respond to the application in writing within 90 business days after receiving the application. In its response the department shall do either of the following:

AB755,4,17 1. Deny the application and specify the reason for the denial.

AB755,4,19 2. Specify the department's plans for proceeding on the application. The plans shall include a timetable for the notice and hearing required under sub. (4).

AB755,4,23 (4) Environmental analysis; hearing; consultation. After receiving an application that the department does not deny under sub. (3) (d) 1. and before determining whether to issue the general permit, the department shall do all of the following:

AB755,4,24 (a) Conduct an environmental analysis.

AB755,5,2 (b) Provide for notice and a hearing on whether to issue the general permit if so required under sub. (5).

AB755,5,3 (c) Consult with any of the following as the department considers appropriate:

AB755,5,5 1. Officials of local units of government that have jurisdiction over the navigable waters located in the proposed permit area.

AB755,5,7 2. Any contractor who is or has been involved in the construction of structures or improvements in or along navigable waters located in the proposed permit area.

AB755,5,9 3. Any riparian owners whose property rights may be affected by the issuance of the general permit.

AB755,5,11 4. Any other interested party, as determined by the department or the applicant.

AB755,5,18 (5) Hearing requirements. If an activity for which an application for which a general permit has been submitted would be subject to the hearing and notice provisions under s. 30.02 (3) and (4) for the issuance of an individual permit, the department shall comply with those provisions. Notice and hearing shall be required on an application for a general permit under this section only if a notice and hearing are required under s. 30.02 (3) and (4) for the activity as part of an application for an individual permit under this chapter.

AB755,5,24 (6) Issuance of general permits. The department shall issue a general permit under this section if the department determines that the cumulative adverse environmental impact of the activity in the proposed permit area is insignificant and that the issuance of the general permit will not injure public rights or interest, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owners.

AB755,6,3 (b) The standards for the activity contained in a general permit issued under this section shall supersede any conflicting standards required under this chapter for the activity.

AB755,6,11 (7) Activities under general permits. (a) At least 15 days before beginning the activity that is authorized by a general permit under this section the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2. The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

AB755,6,19 (b) Upon receipt of a notice that complies with par. (a), the department may inform the person that the activity may not be conducted under the general permit if conditions at the site where the activity would be conducted would cause adverse environmental impact, injure public rights and interests or cause environmental pollution, as defined in s. 229.01(4). The department shall respond to the person within 15 days after receiving the notice. Failure of the department to respond within 15 days shall constitute the department's approval of the activity under the general permit.

AB755,6,24 (8) Option to request individual permits. A person proposing an activity for which a general permit has been issued under this section may apply for an individual permit under this chapter in lieu of seeking authorization under the general permit. A person proposing an activity for which a general permit has not been issued under this section may apply for an individual permit under this chapter.

AB755,7,6 (9) Access to property. For inspection purposes, an employe or agent of the department shall have free access during reasonable hours to any site where an activity is proposed to be, is or has been authorized under a general permit issued under this section if the employe or agent shows to any person who is present at the site and who owns the area or is otherwise in control of the area either of the following:

AB755,7,8 (a) For an employe of the department, proper identification issued by the department.

AB755,7,11 (b) For an agent who is not an employe of the department, written documentation that the agent is authorized by the department to have access for inspection purposes.

AB755,7,14 (10) Sunset. The department may not issue any further general permits under this section on or after the date on which 5 years have lapsed after the effective date of the first general permit issued under this section.

AB755, s. 3 Section 3. 30.28 (1) of the statutes is amended to read: