170.12(3)(a)
(a) Identify the boundaries of the location where the sunken logs will be raised.
170.12(3)(b)
(b) Specify the time period during which the sunken logs will be raised.
170.12(3)(c)
(c) Specify the methods to be used in raising the sunken logs, including any techniques with the potential to disturb lake bed material.
170.12(3)(d)
(d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised, including any information necessary for or related to
sub. (5).
170.12(3)(e)
(e) Certify that the applicant is a resident of this state.
170.12(3)(f)
(f) Include any additional information required by the board.
170.12(4)
(4) Review by other agencies. Upon receipt of an application under
sub. (3), the board shall immediately transmit copies of the application to the department of natural resources and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following apply:
170.12(4)(c)
(c) The proposed project may affect public rights in navigable waters. The department of natural resources shall recommend to the board requirements and conditions to be attached to the permit which shall protect those rights.
170.12(4)(d)
(d) The proposed project is subject to any requirements arising under federal law.
170.12(5)
(5) Reservation of value; offset. The state reserves to itself 30% of the appraised market value of any log raised pursuant to a permit issued under this section. Any applicant may, as part of the application under
sub. (3), propose projects for the use of logs raised, and for the use of proceeds from logs raised and sold, as an offset to the state's share of the value of any logs raised. Any project proposed as the basis for an offset shall have demonstrated potential to do 2 or more of the following:
170.12(5)(c)
(c) Contribute to increased economic development and activity in this state.
170.12(6)
(6) Permit. Within 60 days after receipt of an application under
sub. (3), the board shall either approve, modify and approve or deny the application for a permit. A permit issued under this subsection shall be effective for a specified period, not to exceed one year, and shall specify all of the following:
170.12(6)(a)
(a) The boundaries of the location where sunken logs may be raised pursuant to the permit.
170.12(6)(b)
(b) That the applicant shall obtain all other permits that are required by law, and shall comply with all other requirements that are imposed by law, for raising and removing logs resting on submerged lands owned by the state.
170.12(6)(c)
(c) The frequency, means and procedure for accounting for and determining the appraised market value of any logs raised.
170.12(6)(d)
(d) The amount of the offset to the state's reservation of value, if any, to which the permit holder is entitled if any project proposed under
sub. (5) is undertaken and completed. The board, in its judgment, may authorize offsets of up to 100% of the value retained by the state.
170.12(6)(e)
(e) The procedure and times when the permit holder shall tender to the board, on behalf of the state, any amounts due the state for its net share of the value of any logs raised.
170.12(6)(f)
(f) Any requirements and conditions necessary to protect public rights in navigable waters.
170.12(7)
(7) Permit renewal. The board shall establish a simplified process for the renewal of permits originally issued under
sub. (6). In renewing a permit, the board may attach conditions necessary to ensure compliance with the requirements of the original permit.
170.12(8)
(8) Denial of application. The board may deny an application for an original or renewal permit if the applicant does any of the following:
170.12(8)(b)
(b) Violates any of the terms, conditions or requirements of a permit for the previous year.
170.12(9)
(9) Transfer of title. At such times as a permit holder tenders to the board any amounts due under the state's reservation of value, pursuant to the terms and conditions of the permit, title to any logs covered by such tender shall pass to the permit holder. If the permit provides for an offset under
sub. (6) (d), the board shall issue written findings at the conclusion of the term of the permit which describe the board's findings regarding compliance with the term of the permit and establish the proportion of the authorized offset to which the permit holder is entitled.
170.12(10)
(10) Forfeiture. Any logs subject to this section which are raised in violation of this section, or in violation of a permit issued under this section, shall be confiscated by the board and forfeited to the state.
170.12 History
History: 1991 a. 206,
315.
