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AB421, s. 34 15Section 34. 30.1235 of the statutes is repealed.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AB421, s. 39 8Section 39. 30.19 (3r) (b) of the statutes is repealed.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.
AB421, s. 59 16Section 59. 30.208 (3) (e) of the statutes is amended to read:
AB421,22,2117 30.208 (3) (e) Within 30 20 days after the public hearing is held period for public
18comment under sub. (4) (b) has ended
or if no public hearing is held, within 30 days
19of the 30-day comment period under sub. (4) (a), the department shall render a
20decision, issuing, denying, or modifying the permit or approving or disapproving the
21contract that is the subject of the application submitted under sub. (1).
AB421, s. 60 22Section 60. 30.208 (3) (f) of the statutes is created to read:
AB421,23,323 30.208 (3) (f) If the department fails to comply with the time periods under par.
24(e), a decision issuing the permit, modifying the permit, or approving the contract
25shall be considered to be rendered. The permit that is issued or is modified, or the

1contract that is approved, shall authorize the activity as proposed by the applicant,
2but the department may impose terms and conditions on the permit or contract that
3are consistent with the applicant's basic proposal.
AB421, s. 61 4Section 61. 30.208 (4) (a) of the statutes is amended to read:
AB421,23,125 30.208 (4) (a) The department shall provide a period for public comment after
6the department has provided a notice of complete pending application under sub. (3)
7(a), during which time any person may submit written comments with respect to the
8application for the permit or contract. The department shall retain all of the written
9comments submitted during this period and shall consider all of the comments in the
10formulation of the final decision on the application. The period for public comment
11shall end on the 30th day following the date on which the department completes
12providing the notice of complete pending application, except as provided in par. (b).
AB421, s. 62 13Section 62. 30.208 (4m) of the statutes is created to read:
AB421,23,1914 30.208 (4m) Denials. If a decision is issued by the department under this
15section that denies a permit or a modification of a permit or disapproves a contract,
16the notice of denial or disapproval shall set forth the specific reasons as to how the
17applicable provisions of this subchapter were not met. The notice of denial or
18disapproval may not be based on a determination that the application for the permit
19or contract was incomplete.
AB421, s. 63 20Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:
AB421,23,2421 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for
22providing notices of complete pending applications and notices of public hearings to
23be provided under sub. (3), and notices of administrative hearings to be provided
24under s. 30.209 (1m). The procedures shall require all of the following:
AB421, s. 64 25Section 64. 30.208 (5) (a) 1. of the statutes is amended to read:
AB421,24,2
130.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985
2or as a notice on the department's Internet Web site.
AB421, s. 65 3Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:
AB421,24,74 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and
5content of notices of complete pending applications and notices of public hearings to
6be provided under sub. (3), and notices of administrative hearings to be provided
7under s. 30.209 (1m). Each notice shall include all of the following information:
AB421, s. 66 8Section 66. 30.208 (5) (b) 4. of the statutes is amended to read:
AB421,24,119 30.208 (5) (b) 4. For a notice of complete pending application and a notice of
10public hearing under sub. (3), a statement of the tentative determination to issue,
11modify, or deny a permit for the activity or project described in the application.
AB421, s. 67 12Section 67. 30.208 (5) (b) 5. of the statutes is amended to read:
AB421,24,1613 30.208 (5) (b) 5. For a notice of complete pending application and a notice of
14public hearing under sub. (3), a brief description of the procedures for the
15formulation of final determinations, including a description of the comment period
16required under sub. (4).
AB421, s. 68 17Section 68. 30.209 (2) (a) of the statutes is amended to read:
AB421,24,1918 30.209 (2) (a) An administrative hearing under this subsection section shall be
19treated as a contested case under ch. 227.
AB421, s. 69 20Section 69. 30.209 (2) (b) of the statutes is amended to read:
AB421,25,321 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner
22shall, within 30 days after receipt of the referral under sub. (1m) (g), determine
23whether continuation of the stay is necessary to prevent significant adverse impacts
24or irreversible harm to the environment pending completion of the administrative
25hearing. The hearing examiner shall make the determination based on the request

1under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any
2testimony at a public hearing or any public comments. The determination shall be
3made without a hearing.
AB421, s. 70 4Section 70. 30.209 (2) (c) of the statutes is amended to read:
AB421,25,105 30.209 (2) (c) A An administrative hearing under this section shall be
6completed within 90 days after receipt of the referral of the petition under sub. (1m)
7(g), unless all parties agree to an extension of that period. In addition, a hearing
8examiner may grant a one-time extension for the completion of the hearing of up to
960 days on the motion of any party and a showing of good cause demonstrating
10extraordinary circumstances justifying an extension.
AB421, s. 71 11Section 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:
AB421,25,1412 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall
13provide a notice of the administrative hearing at least 30 days before the date of the
14hearing to all of the following:
AB421, s. 72 15Section 72. 30.209 (2) (e) of the statutes is created to read:
AB421,25,1816 30.209 (2) (e) In an administrative hearing under this section, the petitioner
17shall proceed first with the presentation of evidence and shall have the burden of
18proof.
AB421, s. 73 19Section 73. 30.2095 (1) (b) of the statutes is amended to read:
AB421,25,2420 30.2095 (1) (b) The department may specify a time limit of less than 3 years
21for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause,
22the
The department may shall extend the time limit for a an individual permit or
23contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if
24the grantee requests an extension prior to expiration of the initial time limit.
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