SB45, s. 786
21Section
786. 29.936 (1) (a) of the statutes is created to read:
SB45,513,2522
29.936
(1) (a) In this subsection, "food distribution service" means a program
23that provides food or serves meals directly to individuals with low incomes or to
24elderly individuals, or that collects and distributes food to persons who provide food
25or serve meals directly to these individuals.
SB45, s. 787
1Section
787. 29.947 (4) (a) of the statutes is amended to read:
SB45,514,92
29.947
(4) (a)
Costs reimbursed. Except as provided under par. (c), the
3department may pay each participating county or municipality up to 100% of the
4county's or municipality's actual costs that are directly attributable to providing
5additional law enforcement services during the spearfishing season. The
6department shall make any aid payments from the appropriations under s. 20.370
7(5)
(ea) (ek) by September 30 of the calendar year in which the county or municipality
8files an application under sub. (2) (c). The department may not make an aid payment
9unless the payment is approved by the secretary of administration.
SB45, s. 788
10Section
788. 29.947 (4) (c) of the statutes is amended to read:
SB45,514,1411
29.947
(4) (c)
Prorated payments allowed. If the total amount of reimbursable
12costs under par. (a) exceeds the amount available for payments under s. 20.370 (5)
13(ea) (ek), the department may prorate payments to participating counties and
14municipalities.
SB45, s. 789
15Section
789. 30.01 (6b) of the statutes is amended to read:
SB45,514,2016
30.01
(6b) "Substantive written objection" means a written statement giving
17specific reasons why a proposed project under ss. 30.02 to 30.38 may violate the
18statutory provisions applicable to the project and specifying that the person making
19the objection will appear and present information supporting the objection
in a
20contested case hearing.
SB45, s. 790
21Section
790. 30.02 of the statutes is repealed and recreated to read:
SB45,514,25
2230.02 General provisions for notices, hearings and decisions. (1) 23Applicability. The department shall follow the procedures in subs. (2) to (10) in
24determining whether to issue a permit or to enter a contract under this chapter if any
25of the following apply:
SB45,515,1
1(a) A preliminary decision is specifically required under this chapter.
SB45,515,32
(b) The department determines that a substantial public right or public
3interest in navigable waters may be adversely affected by the department's decision.
SB45,515,64
(c) The department determines that a riparian right of a person other than the
5applicant for the permit or contract may be adversely affected by the department's
6decision.
SB45,515,10
7(2) Preliminary decision required. (a) Upon receipt of a complete application
8for a permit to which sub. (1) applies or before entering a contract to which sub. (1)
9applies, the department shall evaluate the application or proposed contract and
10issue a preliminary decision whether to grant the permit or to enter into the contract.
SB45,515,1411
(b) A decision under par. (a) shall become final on the 30th day following the
12date of the transmittal of the preliminary decision under sub. (3) or the date of
13publication of the notice under sub. (4) unless the department receives a written
14objection to the preliminary decision before that date.
SB45,515,18
15(3) Notice of preliminary decision; special notice. The department shall issue
16a notice of its preliminary decision, which shall contain the preliminary decision and
17the information specified in sub. (2) (b), and shall transmit a copy of the notice to all
18of the following within 7 days after its issuance:
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(a) The applicant for the permit or contract.
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(b) Any person who owns riparian property adjacent to the property of the
21applicant.
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(c) The clerk of each municipality in which the project will be located.
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(d) If the body of water is a lake, any public inland lake protection and
24rehabilitation district established for the lake.
SB45,515,2525
(e) Any property owner's association that is established for the body of water.
SB45,516,2
1(f) Any town sanitary district or other special purpose district that has been
2established for the management of the body of water.
SB45,516,53
(g) A newspaper designated by the department that is likely to provide notice
4in the area in which the project is located. The notice shall be published only if so
5required under sub. (4).
SB45,516,86
(h) The Great Lakes Indian Fish and Wildlife Commission if the body of water
7is located within an area where federally recognized American Indian tribes or bands
8domiciled in this state hold treaty-based, off-reservation rights to fish.
SB45,516,21
9(4) Notice of preliminary decision; public notice. If the department
10determines that an environmental impact assessment under s. 1.11 is required for
11the project or if a person is applying for a permit or to enter a contract to which ss.
1230.19 (1) (b), 30.195 (3m) (b), 30.196 or 30.20 (3) (b) applies, the department, in
13addition to transmitting the notice of its preliminary decision as required in sub. (3),
14shall require public notice of the preliminary decision. The public notice shall
15contain the preliminary decision whether to grant the permit or the contract and the
16information specified in sub. (2) (b). The department shall provide a copy of this
17public notice to the applicant for the permit or contract. The applicant shall publish
18the notice as a class 1 notice under ch. 985 in a newspaper designated by the
19department that is likely to give notice in the area in which the project is located
20within 15 days after the receipt of the copy of the notice. The applicant shall provide
21proof of publication to the department.
SB45,517,8
22(5) Response to preliminary decision. (a) If the department receives a timely
23written objection to a preliminary decision issued under sub. (2), the department
24shall determine whether it is a substantive written objection. The department shall
25inform the applicant that it has received the objection and the receipt of the objection
1stays the preliminary decision until the procedures in sub. (6) (a), (d) or (g) have been
2completed. Within 30 days after the receipt of the objection, the department shall
3either complete its determination or shall request more information to support the
4objection from the person making the objection. If the department requests more
5information, it shall complete its determination within 30 days after the receipt of
6the additional information. If the department fails to act within the time period
7required under this paragraph, the department shall issue a determination that the
8objection is a substantive written objection.
SB45,517,129
(b) If the department does not receive any timely written objections to a
10preliminary decision issued under sub. (2), the department shall enter the
11preliminary decision as its final decision on issuing the permit or entering the
12contract.
SB45,517,19
13(6) Procedures when objections received. (a) If the department determines
14under sub. (5) that an objection is a substantive written objection to a preliminary
15decision and that the project proposed under the permit or contract affects a public
16right or public interest in a navigable waterway, the department shall notify the
17applicant of its determination and shall allow the person making the substantive
18written objection to choose any of the following methods as a means to resolve the
19dispute presented by the substantive written objection:
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1. An informal hearing before staff from the department.
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2. A public hearing following the procedures under sub. (8).
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3. A dispute resolution proceeding, if agreeable to the applicant for the permit
23or contract, the department and the person making the substantive written
24objection.
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1(b) If the department determines under par. (a) that there is more than one
2substantive written objection to a preliminary decision, the department shall use the
3method under par. (a) 2. to resolve the dispute unless all of the persons making the
4substantive written objections agree to the method under par. (a) 1. or unless all of
5the persons making the substantive written objections and the applicant for the
6permit or contract agree to the method under par. (a) 3.
SB45,518,137
(c) If a dispute resolution proceeding is conducted under par. (a) and if an
8agreement is reached, the parties to the proceeding shall submit the agreement to
9the department for approval. In approving the decision, the department may amend
10the agreement in order to protect the public rights or interests in the navigable
11waterway affected by the agreement. If an agreement is not reached or if the
12department does not approve the agreement, the department shall order a public
13hearing under sub. (8).
SB45,518,2014
(d) If the department determines under sub. (5) that an objection to a
15preliminary decision is a substantive written objection but that the project proposed
16under the permit or contract does not affect a public right or public interest in a
17navigable waterway, the department shall notify the applicant of its determination
18and shall allow the person making the substantive written objection to choose any
19of the following methods as a means to resolve the dispute presented by substantive
20written objection:
SB45,518,2121
1. An informal hearing before staff from the department.
SB45,518,2322
2. A dispute resolution proceeding, if agreeable to the applicant for the permit
23or contract and the person making a substantive written objection.
SB45,519,324
(e) If the department determines under par. (d) that there is more than one
25substantive written objection to a preliminary decision, the department shall use the
1method under par. (a) 1. to resolve the dispute unless all of the persons making the
2substantive written objections and the applicant for the permit or contract agree to
3the method under par. (a) 3.
SB45,519,104
(f) If a dispute resolution proceeding is conducted under par. (d) and if an
5agreement is reached, the parties to the proceeding shall submit the agreement to
6the department for approval. In approving the decision, the department may amend
7the agreement in order to protect the public rights or interests in the navigable
8waterway affected by the agreement. If an agreement is not reached or if the
9department does not approve the agreement, the department shall conduct an
10informal hearing as provided in par. (d) 1.
SB45,519,1411
(g) If the department determines under sub. (5) that an objection to a
12preliminary decision is not a substantive written objection, the department shall
13enter the preliminary decision as its final decision on issuing the permit or entering
14the contract.
SB45,519,1715
(h) If the final decision under par. (g) is to issue the permit or enter the contract,
16the stay under sub. (5) (a) is automatically extended for 10 days after the decision
17becomes final.
SB45,519,22
18(7) Informal hearing and dispute resolution proceedings. The department
19shall promulgate rules to establish requirements and procedures for the informal
20hearings and the dispute resolution proceedings under sub. (6). The rules for dispute
21resolution proceedings shall include processes for mediation and binding
22arbitration.
SB45,520,7
23(8) Public hearing and notice. If a public hearing is to be conducted under this
24section, the department shall order a public hearing and the division of hearings and
25appeals shall transmit copies of the written notice of hearing to each person who
1received a notice of the preliminary decision under sub. (3) and to each person who
2submitted a substantive written objection to the preliminary decision. The division
3of hearings and appeals shall transmit these copies at least 20 days before the
4hearing. The applicant shall then publish the notice as a class 1 notice under ch. 985
5in a newspaper designated by the department that is likely to give notice in the area
6affected. The applicant shall file proof of publication under this subsection with the
7hearing examiner at or prior to the hearing.
SB45,520,11
8(9) Judicial review. Any decision issued by department staff under sub. (6),
9any agreement approved by the department under sub. (6) or any decision by a
10hearing examiner under this section is an administrative decision subject to judicial
11review under ss. 227.52 to 227.58.
SB45,520,18
12(10) Amended decisions. The department shall amend or reverse a preliminary
13decision instead of entering it as the final decision under sub. (5) (b) or (7) if, after
14issuing its preliminary decision, the department receives information concerning the
15permit or contract and if based on that information the department determines it is
16necessary to amend or reverse its decision. If the department amends or reverses the
17preliminary decision, the procedures in subs. (2) to (9) apply to this amended or
18reversed preliminary decision.
SB45, s. 791
19Section
791. 30.12 (2) of the statutes is amended to read:
SB45,521,320
30.12
(2) Permits to place structures or deposits in navigable waters;
21generally. The department, upon application and after
proceeding in accordance
22with s. 30.02 (3) and (4) issuing a preliminary decision and following the other
23applicable procedures under s. 30.02, may grant to any riparian owner a permit to
24build or maintain for the owner's use a structure otherwise prohibited under sub. (1),
25if the structure does not materially obstruct navigation or reduce the effective flood
1flow capacity of a stream and is not detrimental to the public interest.
The
2procedures in this subsection do not apply to Applications for permits issued under
3sub. (3)
are exempt from the procedures under s. 30.02.
SB45, s. 792
4Section
792. 30.12 (4) (a) of the statutes is amended to read:
SB45,521,145
30.12
(4) (a) Activities affecting waters of the state as defined in s. 281.01 (18)
6that are carried out under the direction and supervision of the department of
7transportation in connection with highway
and, bridge
or other transportation
8project design, location, construction, reconstruction, maintenance and repair are
9not subject to the prohibitions or permit or approval requirements specified under
10this section or s. 29.601, 30.11, 30.123,
30.19, 30.195, 30.20, 59.692, 61.351, 62.231
11or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest
12practical time prior to the commencement of these activities, the department of
13transportation shall notify the department of the location, nature and extent of the
14proposed work that may affect the waters of the state.
SB45, s. 793
15Section
793. 30.123 (3) of the statutes is amended to read:
SB45,521,1916
30.123
(3) (a) Upon receipt of a complete application, the department shall
17issue a preliminary decision and follow the
notice and hearing provisions of other
18applicable procedures under s. 30.02
(3) and (4), except that no notice or hearing is
19required for.
SB45,521,22
20(b) Notwithstanding par. (a) applications for proposed bridges which would
21cross navigable waters less than 35 feet wide
are exempt from the procedures under
22s. 30.02.
SB45, s. 794
23Section
794. 30.135 (2) (a) of the statutes is renumbered 30.135 (2) and
24amended to read:
SB45,522,13
130.135
(2) Notice and hearing Decisions and procedure. Upon receipt of a
2complete permit application, the department shall
either order a hearing or provide
3notice stating that it will proceed on the application without a hearing unless a
4substantive written objection to issuance of the permit is received within 30 days
5after publication of the notice. The department shall provide a copy of the notice to
6the applicant for the permit, the clerk of each municipality in which the water ski
7platform or water ski jump is to be located and to any other person required by law
8to receive notice. The department may provide notice to other persons as it considers
9appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985
10in a newspaper designated by the department that is likely to give notice in the area
11affected. The applicant shall file proof of publication with the department issue a
12preliminary decision and follow the other applicable procedures under s. 30.02 and
13the rules promulgated under sub. (3).
SB45, s. 795
14Section
795. 30.135 (2) (b) of the statutes is repealed.
SB45, s. 796
15Section
796. 30.135 (2) (c) of the statutes is repealed.
SB45, s. 797
16Section
797. 30.135 (3) (a) of the statutes is renumbered 30.135 (3) and
17amended to read:
SB45,522,2318
30.135
(3) Rules. The department shall promulgate a rule listing specific
19reasons that will support a substantive written objection to the placement of a water
20ski platform or water ski jump.
A notice of preliminary decision issued for the
21placement of a water ski platform or water ski jump under s. 30.02 shall contain a
22statement explaining what constitutes a substantive written objection and the list
23of these specific reasons.
SB45, s. 798
24Section
798. 30.135 (3) (b) of the statutes is repealed.
SB45, s. 799
25Section
799. 30.135 (4) of the statutes is repealed.
SB45, s. 800
1Section
800. 30.14 (2) of the statutes is amended to read:
SB45,523,92
30.14
(2) Hearings by department. Upon complaint by any person to the
3department that any wharf, pier or other structure exists in navigable water in
4violation of s. 30.12
or, 30.13 or
30.207 30.206 or that any wharf, pier or other
5structure proposed to be built in navigable water will violate s. 30.12
or, 30.13 or
630.207 30.206, the department shall investigate and may hold a hearing to
7determine whether the wharf, pier, or other structure is or would be in violation of
8those sections. If no hearing is held, the complainant shall be informed of the results
9of the investigation.
SB45, s. 801
10Section
801. 30.18 (4) (a) of the statutes is amended to read:
SB45,523,1811
30.18
(4) (a) Upon receipt of a complete application, the department shall
issue
12a preliminary decision and follow the
notice and hearing other applicable procedures 13under s. 30.02
(3) and (4). In addition to the notice requirements under s. 30.02 (3)
14and (4), the department shall mail a copy of the notice to every person upon whose
15land any part of the canal or any other structure will be located, to the clerk of the
16next town downstream, to the clerk of any village or city in which the lake or stream
17is located and which is adjacent to any municipality in which the diversion will take
18place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
SB45, s. 802
19Section
802. 30.18 (8) of the statutes is amended to read:
SB45,524,420
30.18
(8) Department may raise water elevations. If after examination and
21investigation the department determines that it is necessary to raise water
22elevations in any navigable stream or lake for conservation purposes, the
23department may, if funds are available from any source other than license fees,
24determine and establish the elevations to which the water may be raised or
25maintained, but the water elevation may not be established below the normal
1elevation. If any lands are damaged by raising the water levels above normal
and, 2the department
cannot may acquire
the lands or the right to flow the lands by
3agreement with the owner
, the department may acquire the lands or the right to flow
4the lands by condemnation under ch. 32.
SB45, s. 803
5Section
803. 30.19 (3) (a) of the statutes is amended to read:
SB45,524,186
30.19
(3) (a)
Section 30.02 (3) and (4) applies to For permit applications under
7sub. (1) (b) and (c)
. Notice shall be provided to the clerks of the county and
8municipality in which the project or affected body of water is located and, the
9department shall issue a preliminary decision and follow the other applicable
10procedures under s. 30.02. Permit applications under sub. (1) (a) are exempt from
11the procedures under s. 30.02. In addition to notice required under s. 30.02 (3), the
12department shall transmit a copy of the notice of its preliminary decision to the
13persons under sub. (2) (e)
who are not required to receive notice under s. 30.02 (3).
14For any permit application which affects the Milwaukee River, the Menominee River,
15the Kinnickinnic River, the Root River or any tributary of those rivers,
special notice
16shall be given the department shall transmit a copy of the notice of of its preliminary
17decision to the Milwaukee metropolitan sewerage district.
The metropolitan
18sewerage district shall have 30 days to respond to the special notice.
SB45, s. 804
19Section
804. 30.195 (3) of the statutes is amended to read:
SB45,525,420
30.195
(3) Granting of permit. Upon application therefor
and subject to sub.
21(3m), the department shall grant a permit to the owner of any land to change the
22course of or straighten a navigable stream on such land, if such change or
23straightening will improve the economic or aesthetic value of the owner's land and
24will not adversely affect the flood flow capacity of the stream or otherwise be
25detrimental to public rights or to the rights of other riparians located on the stream.
1If the department finds that the rights of such riparians will be adversely affected,
2it may grant the permit only with their consent.
Such permit may be granted on the
3department's own motion after its own investigation or after public hearing and after
4giving prior notice of such investigation or hearing.
SB45, s. 805
5Section
805. 30.195 (3m) of the statutes is created to read:
SB45,525,86
30.195
(3m) Notice and hearing procedures. In determining whether to issue
7a permit or to enter a contract under this section, the department shall follow the
8applicable procedures under s. 30.02 and shall do one of the following:
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(a) Follow the notice procedures under s. 30.02 (3) if the course of the stream
10to be changed of the part of the stream to be straightened is less than 500 feet in
11length.
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(b) Follow the notice procedures under s. 30.02 (4) if the course of the stream
13to be changed or the part of the stream to be straightened is 500 feet or more in length.
SB45, s. 806
14Section
806. 30.196 (intro.) of the statutes is amended to read:
SB45,525,21
1530.196 Enclosure of navigable waters; issuance of permits to
16municipalities. (intro.) A municipality may enclose navigable waters by directing,
17placing or restricting navigable waters into an enclosed drain, conduit, storm sewer
18or similar structure if the department grants the municipality a permit. The
19department may grant this permit to a municipality after following the
notice and
20hearing requirements applicable procedures under s. 30.02
(3) and (4) if it finds that
21granting the permit:
SB45, s. 807
22Section
807. 30.20 (3) of the statutes is created to read:
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30.20
(3) Notice and hearing procedures. In determining whether to issue a
24permit or to enter a contract under this section, the department shall follow the
25applicable procedures under s. 30.02 and shall do one of the following:
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1(a) Follow the notice procedures under s. 30.02 (3) if the amount of material to
2be removed is less than 3,000 cubic yards.
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(b) Follow the notice procedures under s. 30.02 (4) if the amount of material to
4be removed is 3,000 cubic yards or more.
SB45, s. 808
5Section
808. 30.206 (1) of the statutes is amended to read:
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30.206
(1) Standards for issuing permits. For activities which require a
7permit
, contract or
other approval under
ss. 30.12 (3) (a) and 30.19 (1) (a) this
8chapter, the department may issue a general permit authorizing a class of activities
,
9according to rules promulgated by the department statewide or in a region of the
10state. Before issuing general permits, the department shall determine, after an
11environmental analysis and notice and hearing under ss. 227.17 and 227.18, that the
12cumulative adverse environmental impact of the class of activity is insignificant and
13that issuance of the general permit will not injure public rights or
interest public
14interests in navigable waters, cause environmental pollution, as defined in s. 299.01
15(4), or result in material injury to the rights of any riparian owner.
SB45, s. 809
16Section
809. 30.206 (1r) (title) of the statutes is created to read:
SB45,526,1717
30.206
(1r) (title)
Hearings.
SB45, s. 810
18Section
810. 30.206 (1r) (b) of the statutes is created to read:
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30.206
(1r) (b) Upon receipt of an application for a general permit, the
20department shall either order a public hearing or provide notice stating that it will
21proceed on the application without a hearing if, within 30 days after the publication
22of the notice, no request for a hearing concerning the application is received. The
23department shall provide a copy of the notice to the applicant for the permit, to the
24clerk of each municipality in which the general permit will apply and to any other
25person required by law to receive notice. The department may provide notice to other
1persons as it considers appropriate. The applicant shall publish the notice as a class
21 notice under ch. 985 in any newspaper designated by the department that is likely
3to give notice in any area to be affected. The applicants shall file proof of publication
4with the department.
SB45, s. 811
5Section
811. 30.206 (1r) (c) of the statutes is created to read:
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30.206
(1r) (c) If the department orders a public hearing, the division of
7hearings and appeals shall mail a written notice at least 10 days before the hearing
8to each person given a copy of the notice under par. (b) and to each person requesting
9the hearing.
SB45, s. 812
10Section
812. 30.206 (1r) (d) of the statutes is created to read:
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30.206
(1r) (d) The applicant for the permit shall publish a class 1 notice under
12ch. 985 of the public hearing in any newspaper designated by the department that
13is likely to give notice in any area to be affected. The applicant shall file proof of
14publication under this paragraph with the hearing examiner at or prior to the
15hearing.