SECTION 799. 30.135 (4) of the statutes is repealed.
SECTION 800. 30.14 (2) of the statutes is amended to read:
30.14 (2) HEARINGS BY DEPARTMENT. Upon complaint by any person to the department that any wharf, pier or other structure exists in navigable water in violation of s. 30.12 or, 30.13 or 30.207 30.206 or that any wharf, pier or other structure proposed to be built in navigable water will violate s. 30.12 or, 30.13 or 30.207 30.206, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.
SECTION 801. 30.18 (4) (a) of the statutes is amended to read:
30.18 (4) (a) Upon receipt of a complete application, the department shall issue a preliminary decision and follow the notice and hearing other applicable procedures under s. 30.02 (3) and (4). In addition to the notice requirements under s. 30.02 (3) and (4), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
SECTION 802. 30.18 (8) of the statutes is amended to read:
30.18 (8) DEPARTMENT MAY RAISE WATER ELEVATIONS. If after examination and investigation the department determines that it is necessary to raise water elevations in any navigable stream or lake for conservation purposes, the department may, if funds are available from any source other than license fees, determine and establish the elevations to which the water may be raised or maintained, but the water elevation may not be established below the normal elevation. If any lands are damaged by raising the water levels above normal and, the department cannot may acquire the lands or the right to flow the lands by agreement with the owner, the department may acquire the lands or the right to flow the lands by condemnation under ch. 32.
SECTION 803. 30.19 (3) (a) of the statutes is amended to read:
30.19 (3) (a) Section 30.02 (3) and (4) applies to For permit applications under sub. (1) (b) and (c). Notice shall be provided to the clerks of the county and municipality in which the project or affected body of water is located and, the department shall issue a preliminary decision and follow the other applicable procedures under s. 30.02. Permit applications under sub. (1) (a) are exempt from the procedures under s. 30.02. In addition to notice required under s. 30.02 (3), the department shall transmit a copy of the notice of its preliminary decision to the persons under sub. (2) (e) who are not required to receive notice under s. 30.02 (3). For any permit application which affects the Milwaukee River, the Menominee River, the Kinnickinnic River, the Root River or any tributary of those rivers, special notice shall be given the department shall transmit a copy of the notice of of its preliminary decision to the Milwaukee metropolitan sewerage district. The metropolitan sewerage district shall have 30 days to respond to the special notice.
SECTION 804. 30.195 (3) of the statutes is amended to read:
30.195 (3) GRANTING OF PERMIT. Upon application therefor and subject to sub. (3m), the department shall grant a permit to the owner of any land to change the course of or straighten a navigable stream on such land, if such change or straightening will improve the economic or aesthetic value of the owner's land and will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or to the rights of other riparians located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing.
SECTION 805. 30.195 (3m) of the statutes is created to read:
30.195 (3m) NOTICE AND HEARING PROCEDURES. In determining whether to issue a permit or to enter a contract under this section, the department shall follow the applicable procedures under s. 30.02 and shall do one of the following:
(a) Follow the notice procedures under s. 30.02 (3) if the course of the stream to be changed of the part of the stream to be straightened is less than 500 feet in length.
(b) Follow the notice procedures under s. 30.02 (4) if the course of the stream to be changed or the part of the stream to be straightened is 500 feet or more in length.
SECTION 806. 30.196 (intro.) of the statutes is amended to read:
30.196 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a permit. The department may grant this permit to a municipality after following the notice and hearing requirements applicable procedures under s. 30.02 (3) and (4) if it finds that granting the permit:
SECTION 807. 30.20 (3) of the statutes is created to read:
30.20 (3) NOTICE AND HEARING PROCEDURES. In determining whether to issue a permit or to enter a contract under this section, the department shall follow the applicable procedures under s. 30.02 and shall do one of the following:
(a) Follow the notice procedures under s. 30.02 (3) if the amount of material to be removed is less than 3,000 cubic yards.
(b) Follow the notice procedures under s. 30.02 (4) if the amount of material to be removed is 3,000 cubic yards or more.
SECTION 808. 30.206 (1) of the statutes is amended to read:
30.206 (1) STANDARDS FOR ISSUING PERMITS. For activities which require a permit, contract or other approval under ss. 30.12 (3) (a) and 30.19 (1) (a) this chapter, the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department statewide or in a region of the state. Before issuing general permits, the department shall determine, after an environmental analysis and notice and hearing under ss. 227.17 and 227.18, that the cumulative adverse environmental impact of the class of activity is insignificant and that issuance of the general permit will not injure public rights or interest public interests in navigable waters, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner.
SECTION 809. 30.206 (1r) (title) of the statutes is created to read:
30.206 (1r) (title) HEARINGS.
SECTION 810. 30.206 (1r) (b) of the statutes is created to read:
30.206 (1r) (b) Upon receipt of an application for a general permit, the department shall either order a public hearing or provide notice stating that it will proceed on the application without a hearing if, within 30 days after the publication of the notice, no request for a hearing concerning the application is received. The department shall provide a copy of the notice to the applicant for the permit, to the clerk of each municipality in which the general permit will apply and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in any newspaper designated by the department that is likely to give notice in any area to be affected. The applicants shall file proof of publication with the department.
SECTION 811. 30.206 (1r) (c) of the statutes is created to read:
30.206 (1r) (c) If the department orders a public hearing, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given a copy of the notice under par. (b) and to each person requesting the hearing.
SECTION 812. 30.206 (1r) (d) of the statutes is created to read:
30.206 (1r) (d) The applicant for the permit shall publish a class 1 notice under ch. 985 of the public hearing in any newspaper designated by the department that is likely to give notice in any area to be affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.
SECTION 813. 30.206 (2) of the statutes is amended to read:
30.206 (2) CONDITIONS ON PERMITS. A general permit issued under this section may include any conditions determined by the department to be reasonably necessary to prevent environmental pollution, as defined in s. 299.01 (4), and to protect the public interest interests and public rights in navigable waters and the rights of other riparian owners.
SECTION 814. 30.206 (3) of the statutes is repealed.
SECTION 815. 30.206 (3m) of the statutes is repealed.
SECTION 816. 30.206 (4) of the statutes is repealed.
SECTION 817. 30.206 (5) (title) of the statutes is created to read:
30.206 (5) (title) PERIOD OF VALIDITY; REVOCATIONS; TERMINATION OF STRUCTURES OR ACTIVITIES.
SECTION 818. 30.206 (5) of the statutes is renumbered 30.206 (5) (c) and amended to read:
30.206 (5) (c) Failure of an applicant for a general permit under this section to follow the procedural requirements of under this section may result in forfeiture but may not, by itself, result in and the department may seek abatement of the activity if the department determines that the activity injures the public rights or public interests in navigable waters.
SECTION 819. 30.206 (5) (a) of the statutes is created to read:
30.206 (5) (a) A general permit shall be valid for the period of time specified by the department on the permit but may not be valid for longer than 5 years from the date of issuance.
SECTION 820. 30.206 (5) (b) of the statutes is created to read:
30.206 (5) (b) The department may revoke a general permit if it determines that any of the activities authorized under the general permit injures the public rights or public interests in the navigable waters.
SECTION 821. 30.206 (5) (d) of the statutes is created to read:
30.206 (5) (d) A person may maintain structure or deposit that was placed in a body of water or otherwise continue an activity under the authority of a general permit issued under this section after a general permit expires or is revoked unless the department determines that the structure, deposit or activity injures the public rights or public interests in navigable waters and orders it removed or terminated.
SECTION 822. 30.206 (6) of the statutes is amended to read:
30.206 (6) OPTION TO REQUEST INDIVIDUAL PERMIT. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this chapter or ch. 31 in lieu of seeking authorization under the general permit.
SECTION 823. 30.206 (7) of the statutes is repealed.
SECTION 824. 30.206 (8m) of the statutes is created to read:
30.206 (8m) GENERAL PERMITS UNDER PILOT PROGRAM. Any permit issued under s. 30.207, 1997 stats., and in effect on the effective date of this subsection .... [revisor inserts date], shall remain in effect. Subsections (3b), (5) and (6) apply to such a permit.
SECTION 825. 30.207 (title) of the statutes is repealed.
SECTION 826. 30.207 (1) of the statutes is repealed.
SECTION 827. 30.207 (1m) of the statutes is repealed.
SECTION 828. 30.207 (2) of the statutes is repealed.
SECTION 829. 30.207 (3) (title) of the statutes is renumbered 30.206 (1g) (title) and amended to read:
30.206 (1g) (title) APPLICATION FOR GENERAL PERMIT PERMITS.
SECTION 830. 30.207 (3) (a) of the statutes is renumbered 30.206 (1g) (a) and amended to read:
30.206 (1g) (a) Any local entity, as defined in s. 30.77 (3) (dm), or any group of 10 riparian owners who will be affected by the issuance of a general permit, or any contractor who is or has been involved in the construction of structures or along navigable waters may apply for a municipality, public inland lake protection and rehabilitation district or any town sanitary district may submit an application to the department for general permit under this section authorizing one or more activities statewide or in a region in which the municipality or district is located. Any group of at least 10 riparian owners may submit an application for a general permit under this section authorizing one or more activities statewide or in a region where the riparian owners will be affected. The fee specified in s. 30.28 (2) (b) 1. shall accompany the application.
SECTION 831. 30.207 (3) (b) of the statutes is repealed.
SECTION 832. 30.207 (3) (c) of the statutes is repealed.
SECTION 833. 30.207 (3) (d) (intro.) of the statutes is renumbered 30.206 (1g) (b) (intro.).
SECTION 834. 30.207 (3) (d) 1. of the statutes is renumbered 30.206 (1g) (b) 1.
SECTION 835. 30.207 (3) (d) 2. of the statutes is renumbered 30.206 (1g) (b) 2. and amended to read:
30.206 (1g) (b) 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).
SECTION 836. 30.207 (4) of the statutes is repealed.
SECTION 837. 30.207 (5) of the statutes is renumbered 30.206 (1r) (a) and amended to read:
30.206 (1r) (a) 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 The department shall follow the notice and hearing shall be required on procedures under pars. (b) to (d) for 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.
SECTION 838. 30.207 (6) of the statutes is repealed.
SECTION 839. 30.207 (7) (title) of the statutes is renumbered 30.206 (3b) (title) and amended to read:
30.206 (3b) (title) ACTIVITIES UNDER GENERAL PERMITS.
SECTION 840. 30.207 (7) (a) of the statutes is renumbered 30.206 (3b) (a) and amended to read:
30.206 (3b) (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 an activity for which the department has issued a general permit 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 shall specify the location 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.
SECTION 841. 30.207 (7) (b) of the statutes is renumbered 30.206 (3b) (b) and amended to read:
30.206 (3b) (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 public interests or cause environmental pollution, as defined in s. 299.01 (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 in navigable waters.
SECTION 842. 30.207 (7) (c) of the statutes is renumbered 30.206 (3b) (c) and amended to read:
30.206 (3b) (c) A person conducting an activity that is authorized by a general permit under this section shall comply with any standard contained in an applicable local ordinances ordinance that is at least as restrictive as the standards contained in the general permit.
SECTION 843. 30.207 (8) of the statutes is repealed.
SECTION 844. 30.207 (9) (intro.) of the statutes is renumbered 30.279 and amended to read:
30.279 Access Departmental access to property. For inspection the purposes of administering and enforcing this chapter and the rules promulgated under this chapter, an employe or agent of the department shall have free access during reasonable hours to inspect any site where an project or activity is proposed to be, is or has been authorized under a general undertaken pursuant to a permit issued under this section if the employe or agent shows to any person who is present at the site and who owns the site or is otherwise in control of the site either of the following: or other approval or a contract under this chapter.
SECTION 845. 30.207 (9) (a) of the statutes is repealed.
SECTION 846. 30.207 (9) (b) of the statutes is repealed.
SECTION 847. 30.207 (10) of the statutes is repealed.
SECTION 848. 30.28 (1) of the statutes is amended to read:
30.28 (1) FEES REQUIRED. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 30.206 and 30.21 to 30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.
SECTION 849. 30.28 (2) (b) 1. of the statutes is amended to read:
30.28 (2) (b) 1. For an application for a general permit submitted under s. 30.207 (3) 30.206 (1g), the fee shall be $2,000.
SECTION 850. 30.28 (2) (b) 2. of the statutes is amended to read:
30.28 (2) (b) 2. For a notice submitted under s. 30.207 (7) 30.206 (3b), the fee shall be $100.
