AB421,12,1513 30.12 (1k) (cm) 1. A structure for which the department has issued a permit
14under this section on or before February 6, 2004, if the structure is in compliance with
15that permit.
AB421, s. 17 16Section 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:
AB421,12,1917 30.12 (1k) (cm) 2. A structure for which the department has issued a written
18authorization on or before February 6, 2004, if the structure is in compliance with
19that written authorization.
AB421, s. 18 20Section 18. 30.12 (1k) (d) of the statutes is repealed.
AB421, s. 19 21Section 19. 30.12 (1k) (e) 2. of the statutes is amended to read:
AB421,13,222 30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or
23reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf,
24the riparian owner registered the pier or wharf with the department under par. (b)
253. and, before relocating or reconfiguring the pier or wharf, the riparian owner

1registers the reconfigured or relocated pier or wharf with the department under this
2subdivision
.
AB421, s. 20 3Section 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
4and amended to read:
AB421,13,85 30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's
6property for the purpose of storing or protecting watercraft and associated materials,
7except that no general or individual permit may be issued for a permanent boat
8shelter that is constructed after May 3, 1988, if the any of the following apply:
AB421,13,10 9a. The property on which the permanent boat shelter is to be located also
10contains a boathouse within 75 feet of the ordinary high-water mark or if there.
AB421,13,11 11b. There is a boathouse over navigable waters adjacent to the owner's property.
AB421, s. 21 12Section 21. 30.12 (3) (a) 6. c. of the statutes is created to read:
AB421,13,1413 30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward
14end of the owner's pier or the waterward side of the owner's wharf.
AB421, s. 22 15Section 22. 30.12 (3) (a) 14. of the statutes is created to read:
AB421,13,1916 30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is
17in, or that would directly affect, an area of special natural resource interest and that
18is adjacent to the owner's property if the pier or wharf meets the requirements of sub.
19(1g) (f).
AB421, s. 23 20Section 23. 30.12 (3) (br) of the statutes is repealed.
AB421, s. 24 21Section 24. 30.12 (3) (d) of the statutes is created to read:
AB421,13,2522 30.12 (3) (d) The department may impose conditions relating to the location,
23design, construction, and installation of a pier or wharf placed under the authority
24of a general permit issued under par. (a) 14., but may not prohibit a riparian owner
25from placing a pier or wharf that meets the requirement of the general permit.
AB421, s. 25
1Section 25. 30.121 (1) of the statutes is created to read:
AB421,14,42 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.
AB421, s. 26 5Section 26. 30.121 (3) of the statutes is amended to read:
AB421,14,146 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.
AB421, s. 27 15Section 27. 30.121 (3c) of the statutes is created to read:
AB421,14,2016 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.
AB421, s. 28 21Section 28. 30.121 (3g) of the statutes is amended to read:
AB421,15,222 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.
AB421, s. 29 3Section 29. 30.121 (3r) of the statutes is amended to read:
AB421,15,74 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.
AB421, s. 30 8Section 30. 30.123 (6) (a) of the statutes is repealed.
AB421, s. 31 9Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
AB421, s. 32 10Section 32. 30.123 (7) (b) of the statutes is repealed.
AB421, s. 33 11Section 33. 30.123 (7) (d) of the statutes is created to read:
AB421,15,1412 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.
AB421, s. 34 15Section 34. 30.1235 of the statutes is repealed.
AB421, s. 35 16Section 35. 30.18 (4) (a) of the statutes is amended to read:
AB421,15,2517 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.
AB421, s. 36
1Section 36. 30.19 (1m) (f) of the statutes is created to read:
AB421,16,32 30.19 (1m) (f) Any land grading activity authorized under a stormwater
3discharge permit issued under s. 283.33.
AB421, s. 37 4Section 37. 30.19 (1m) (g) of the statutes is created to read:
AB421,16,65 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.
AB421, s. 38 7Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
AB421, s. 39 8Section 39. 30.19 (3r) (b) of the statutes is repealed.
AB421, s. 40 9Section 40. 30.20 (1g) (b) 3. of the statutes is created to read:
AB421,16,1210 30.20 (1g) (b) 3. The amount of material removed is less than 10 cubic yards,
11the removal is necessary to allow access to place or remove a pier or wharf, and the
12removal occurs not more than once per year.
AB421, s. 41 13Section 41. 30.20 (1t) (a) of the statutes is renumbered 30.20 (1t) (a) (intro.)
14and amended to read:
AB421,16,1615 30.20 (1t) (a) (intro.) The department shall issue statewide general permits
16under s. 30.206 that authorize any all of the following:
AB421,16,18 171. Any person to remove material for maintenance purposes from an area from
18which material has been previously removed.
AB421, s. 42 19Section 42. 30.20 (1t) (a) 2. of the statutes is created to read:
AB421,16,2220 30.20 (1t) (a) 2. Any riparian owner to remove 50 cubic yards or less of material
21from a lake or stream adjacent to the riparian owner's property, by means other than
22blasting, for the purpose of placing or maintaining a boatlift on a pier or wharf.
AB421, s. 43 23Section 43. 30.20 (1t) (a) 3. of the statutes is created to read:
AB421,17,224 30.20 (1t) (a) 3. Any person to annually remove not more than 500 cubic yards
25of plant or animal nuisance deposits from a stream, inland lake, or outlying waters

1if the plant or animal nuisance deposits impede navigation or access to the stream,
2inland lake, or outlying waters.
AB421, s. 44 3Section 44. 30.20 (1t) (b) of the statutes is repealed.
AB421, s. 45 4Section 45. 30.206 (1) (a) of the statutes is amended to read:
AB421,17,145 30.206 (1) (a) The department shall issue the statewide general permits as
6rules promulgated under ch. 227
required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19
7(3r)
, and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3)
8(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after
9February 6, 2004. The department shall submit in proposed form the rule containing
10the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d)
11to the legislative council staff under s. 227.15 (1) no later than August 1, 2004.
12General permits issued under s. 30.206, 2001 stats., shall remain valid until the date
13upon which the rules issuing these statewide general permits are promulgated
14under this paragraph.
AB421, s. 46 15Section 46. 30.206 (1) (am) and (ar) of the statutes are created to read:
AB421,17,1916 30.206 (1) (am) Upon compliance with the requirements under subs. (2b) and
17(2m) and in addition to the general permits required under par. (a), the department
18may issue a general permit authorizing an activity for which an individual permit
19is issued, or a contract is entered into, under this subchapter.
AB421,17,2120 (ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract
21that would otherwise be required for that activity under this subchapter.
AB421, s. 47 22Section 47. 30.206 (1) (b) of the statutes is created to read:
AB421,18,523 30.206 (1) (b) A general permit issued under par. (a) or (am) is valid for a period
24of 5 years, and an activity that the department determines is authorized by a general
25permit remains authorized under the general permit until the activity is completed

1regardless of whether the general permit expired before the activity is completed.
2The department may renew or modify, or revoke a general permit issued under par.
3(a) or (am) upon compliance with the requirements under subs. (2b) and (2m); and
4until such renewal, modification, or revocation, the general permit shall remain in
5effect.
AB421, s. 48 6Section 48. 30.206 (1g) of the statutes is repealed.
AB421, s. 49 7Section 49. 30.206 (1m) of the statutes is repealed.
AB421, s. 50 8Section 50. 30.206 (1r) of the statutes is created to read:
AB421,18,129 30.206 (1r) Transitions between permits. Any general permit issued under
10this subchapter that is valid on the effective date of this subsection .... [LRB inserts
11date], shall remain valid until the date upon which a general permit issued under
12sub. (1) (a) or (am) that authorizes the same activity becomes effective.
AB421, s. 51 13Section 51. 30.206 (2b) of the statutes is created to read:
AB421,18,1714 30.206 (2b) Public notice. (a) The department shall circulate to interested
15and potentially interested members of the public notices of its intention to issue a
16general permit under sub. (1) (a) or (am). Procedures for circulating public notices
17shall include all of the following:
AB421,18,1918 1. A procedure for publishing a class 1 notice under ch. 985 or publishing a
19notice on the department's Internet Web site.
AB421,18,2120 2. A procedure under which a copy of the notice is provided to any person or
21group upon request of the person or group.
AB421,19,222 (b) The department shall provide a period of not less than 30 days after the date
23of the public notice during which time interested persons may submit their written
24comments on the department's intention to issue a general permit under sub. (1) (a)

1or (am). All written comments submitted during the period for comment shall be
2retained by the department and considered in the issuance of the general permit.
AB421,19,53 (c) Every notice issued by the department of the department's intention to issue
4a general permit under sub. (1) (a) or (am) shall include a description of the activities
5proposed to be authorized under the general permit.
AB421, s. 52 6Section 52. 30.206 (2m) of the statutes is created to read:
AB421,19,137 30.206 (2m) Public hearing. (a) 1. The department shall provide an
8opportunity for any interested state agency or federal agency or person or group of
9persons to request a public hearing with respect to the department's intention to
10issue a general permit under sub. (1) (a) or (am). Such request for a public hearing
11shall be filed with the department within 30 days after the circulation of the public
12notice under sub. (2b) and shall indicate the interest of the party filing the request
13and the reasons why a hearing is warranted.
AB421,19,1714 2. The department shall hold a public hearing upon a request under subd. 1.
15if the department determines that there is a significant public interest in holding
16such a hearing. Hearings held under this section are not contested cases under s.
17227.01 (3).
AB421,19,1918 (b) Public notice of any hearing held under this subsection shall be circulated
19in accordance with the requirements under sub. (2b).
AB421, s. 53 20Section 53. 30.2065 (3) (a) 1. of the statutes is amended to read:
AB421,19,2221 30.2065 (3) (a) 1. Publication of the notice as a class 1 notice under ch. 985 or
22as a notice on the department's Internet Web site
.
AB421, s. 54 23Section 54. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and
24amended to read:
AB421,20,10
130.208 (2) (a) Review; no additional information required. In issuing
2individual permits or entering contracts under this subchapter, the department shall
3initially determine whether a complete application for the permit or contract has
4been submitted and, no later than
review an application, and within 30 days after
5the application is submitted, the department shall determine that either the
6application is complete or that additional information is needed. If the department
7determines that the application is complete, the department shall
notify the
8applicant in writing about the initial determination of completeness of that fact
9within the 30-day period, and the date on which the notice under this paragraph is
10sent shall be considered the date of closure for purposes of sub. (3) (a)
.
AB421,20,22 11(b) Additional information requested. If the department determines that the
12application is incomplete, the department shall notify the applicant in writing and
13may make only one request for additional information during the 30-day period
14specified in par. (a). Within 10 days after receiving all of the requested information
15from the applicant, the department shall notify the applicant in writing as to
16whether the application is complete. The date on which the 2nd notice under this
17paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The
18department may request additional information from the applicant to supplement
19the application, but the department may not request items of information that are
20outside the scope of the original request unless the applicant and the department
21both agree. A request for any such additional information may not affect the date
22of closure.
AB421,21,12 23(c) Specificity of notice; limits on information. Any notice stating that an
24application has been determined to be incomplete or any other request for
25information that is sent under par. (b)
shall state the reason for the determination

1or request and the specific items of information necessary to make the application
2complete. An applicant may supplement and resubmit an application that the
3department has determined to be incomplete. There is no limit on the number of
4times that an applicant may resubmit an application that the department has
5determined to be incomplete under this section. The department may not demand
6items of information that are not specified in the notice as a condition for determining
7whether the application is complete unless both the department and the applicant
8agree or unless the applicant makes material additions or alterations to the activity
9or project for which the application has been submitted. The rules promulgated
10under s. 299.05 apply only to applications for individual permits or contracts under
11this subchapter that the department has determined to be complete
that are still
12needed
.
AB421, s. 55 13Section 55. 30.208 (2) (d) of the statutes is created to read:
AB421,21,1714 30.208 (2) (d) Failure to meet time limits. If the department fails to meet the
1530-day time limit under par. (a) or 10-day time limit under par. (b), the application
16shall be considered to have a date of closure that is the last day of that 30-day or
1710-day time period for purposes of sub. (3) (a).
AB421, s. 56 18Section 56. 30.208 (3) (a) of the statutes is amended to read:
AB421,22,219 30.208 (3) (a) Upon determination by the department under sub. (2), that an
20application submitted under sub. (1) is complete
Within 15 days after the date of
21closure, as determined under sub. (2) (a) or (b)
, the department shall provide notice
22of complete pending application to interested and potentially interested members of
23the public, as determined by the department. The department shall provide the
24notice within 15 days after the determination that the application is complete.
If the

1applicant has requested a public hearing as part of the submitted application, a
2notice of public hearing shall be part of the notice of complete pending application.
AB421, s. 57 3Section 57. 30.208 (3) (b) of the statutes is amended to read:
AB421,22,84 30.208 (3) (b) If the notice of complete pending application does not contain a
5notice of public hearing, any person may request a public hearing in writing or the
6department may decide to hold a public hearing with or without a request being
7submitted if the department determines that there is a significant public interest in
8holding a hearing.
AB421, s. 58 9Section 58. 30.208 (3) (c) of the statutes is amended to read:
AB421,22,1510 30.208 (3) (c) A request for a public hearing under par. (b) must be submitted
11to the department or the department's decision to hold a public hearing must occur
12within 30 20 days after the department completes providing provides the notice of
13complete pending application. The department shall provide notice of public hearing
14within 15 days after the request for public hearing is submitted or the department
15makes its determination decision to hold a public hearing.
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