LRB-4383/1
MGG:kjf:jf
2013 - 2014 LEGISLATURE
March 10, 2014 - Introduced by Representatives Jacque, A. Ott, Bernier, Tittl,
Spiros, Sanfelippo, Thiesfeldt, Kulp, Czaja, Skowronski, Brooks,
Swearingen, Krug, Schraa and Williams, cosponsored by Senators Lasee,
Tiffany, Grothman and Schultz. Referred to Committee on Environment and
Forestry.
AB859,1,6 1An Act to repeal 30.123 (6) (intro.) (except title), 30.123 (6) (e) and 30.123 (7)
2(b); to amend 30.123 (6) (b), 30.123 (6) (d), 30.123 (6m) (intro.), 30.123 (6r) (a),
330.123 (6s) (a) (intro.) and 30.123 (6s) (b); and to create 30.123 (6) (dg), 30.123
4(6) (dr), 30.123 (6) (f) and 30.123 (9) of the statutes; relating to: replacement
5and maintenance of existing culverts and design and engineering work for the
6construction and placement of certain culverts.
Analysis by the Legislative Reference Bureau
Current law generally prohibits any person from constructing, placing, or
maintaining a culvert in or over a navigable water without being issued an
individual permit by the Department of Natural Resources (DNR) or without
receiving authorization to proceed under a statewide general permit issued by DNR.
Under current law, a culvert is exempt from these permitting requirements if it is
replacing an existing culvert and it either does not have an inside diameter that
exceeds 24 inches or it is in compliance with the conditions imposed by the applicable
permit.
This bill adds an exemption for a culvert that is replacing an existing culvert
that is not authorized by an individual or a general permit. Under the bill, the
replacement culvert is exempt if it is the same length, diameter, and size as the
existing culvert, if it will not have a lower the flow rate capacity than the existing
culvert, and it will be at the same location and have the same slope as the existing
permit.

Under the bill, a replacement culvert may not have an inside diameter that
exceeds 48 inches in diameter if it is being constructed or placed on a navigable water
that is identified by DNR as an outstanding or exceptional resource water.
Also, the bill exempts from the individual and general permitting requirements
the maintenance of a culvert if the flow rate capacity will not be decreased as a result
of the maintenance.
Under the bill, DNR must be responsible for the design and engineering costs
in determining whether the construction or placement of a culvert is exempt from or
subject to the general or individual permitting process that applies to culverts.
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:
AB859,1 1Section 1. 30.123 (6) (intro.) (except title) of the statutes is repealed.
AB859,2 2Section 2. 30.123 (6) (b) of the statutes is amended to read:
AB859,2,53 30.123 (6) (b) The construction and maintenance of bridges by the department
4of transportation in accordance with s. 30.2022 are exempt from the permitting
5requirements under this section
.
AB859,3 6Section 3. 30.123 (6) (d) of the statutes is amended to read:
AB859,2,117 30.123 (6) (d) The Subject to par. (dr), the construction or placement and the
8maintenance of a new culvert to replace a that replaces an existing culvert that is
9authorized under a permit issued under s. 30.12 or 30.123, this section is exempt
10from the permitting requirements under this section
if the construction, placement,
11and maintenance will comply with the same conditions of the permit.
AB859,4 12Section 4. 30.123 (6) (dg) of the statutes is created to read:
AB859,2,1613 30.123 (6) (dg) Subject to par. (dr), the construction or placement and the
14maintenance of a new culvert that replaces an existing culvert that is not authorized
15under a permit issued under s. 30.12 or this section is exempt from the permitting
16requirements under this section if all of the following apply:
AB859,3,2
11. The culvert that is being constructed or placed will not have a flow rate
2capacity that is less than the flow rate capacity of the existing culvert.
AB859,3,33 2. Both culverts are the same length and have the same inside diameter.
AB859,3,44 3. Both culverts are otherwise the same in size and area.
AB859,3,65 4. The replacement culvert is made out of a material that is comparable to the
6material of which the existing culvert is made.
AB859,3,87 5. The replacement culvert will be at the same location and at the same
8elevation and will have the same slope as the existing culvert.
AB859,5 9Section 5. 30.123 (6) (dr) of the statutes is created to read:
AB859,3,1310 30.123 (6) (dr) A replacement culvert that is on a navigable water that is
11identified as an outstanding or exceptional resource water under s. 281.15 is exempt
12under par. (d) or (dg) only if the culvert has an inside diameter that does not exceed
1348 inches.
AB859,6 14Section 6. 30.123 (6) (e) of the statutes is repealed.
AB859,7 15Section 7. 30.123 (6) (f) of the statutes is created to read:
AB859,3,1816 30.123 (6) (f) The maintenance of a culvert is exempt from the permitting
17requirements under this section if the the flow rate capacity will not be decreased as
18a result of the maintenance.
AB859,8 19Section 8. 30.123 (6m) (intro.) of the statutes is amended to read:
AB859,3,2520 30.123 (6m) Permits in lieu of exemptions. (intro.) The department may
21decide to require that a person engaged in an activity that is exempt under sub. (6)
22(d) or (e) to (dr) apply for an individual permit or seek authorization under a general
23permit if the department has conducted an investigation and visited the site of the
24activity and has determined that conditions specific to the site require restrictions
25on the activity in order to prevent any of the following:
AB859,9
1Section 9. 30.123 (6r) (a) of the statutes is amended to read:
AB859,4,62 30.123 (6r) (a) A person may submit to the department a written statement
3requesting that the department determine whether a proposed activity is exempt
4under sub. (6) (d) or (e) to (dr). The statement shall contain a description of the
5proposed activity and site and shall give the department consent to enter and inspect
6the site.
AB859,10 7Section 10. 30.123 (6s) (a) (intro.) of the statutes is amended to read:
AB859,4,98 30.123 (6s) (a) (intro.) The department may promulgate rules concerning the
9exempt activities under sub. (6) (d) to (dr) that only do any of the following:
AB859,11 10Section 11. 30.123 (6s) (b) of the statutes is amended to read:
AB859,4,1311 30.123 (6s) (b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may
12not establish practices or requirements that prohibit the construction of replacement
13culverts or that render the placement of culverts economically cost-prohibitive.
AB859,12 14Section 12. 30.123 (7) (b) of the statutes is repealed.
AB859,13 15Section 13. 30.123 (9) of the statutes is created to read:
AB859,4,2016 30.123 (9) Engineering costs. The department shall be responsible for all of
17the engineering and design work that is necessary to determine whether the
18construction or placement of a culvert by a municipality is exempt under this section
19or is subject to the general or individual permitting requirements under this section.
20The department may enter into a contract with another person to perform this work.
AB859,4,2121 (End)
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