SB45: Bill Text

SB45,516,5 (g) A newspaper designated by the department that is likely to provide notice in the area in which the project is located. The notice shall be published only if so required under sub. (4).

SB45,516,8 (h) The Great Lakes Indian Fish and Wildlife Commission if the body of water is located within an area where federally recognized American Indian tribes or bands domiciled in this state hold treaty-based, off-reservation rights to fish.

SB45,516,21 (4) Notice of preliminary decision; public notice. If the department determines that an environmental impact assessment under s. 1.11 is required for the project or if a person is applying for a permit or to enter a contract to which ss. 30.19 (1) (b), 30.195 (3m) (b), 30.196 or 30.20 (3) (b) applies, the department, in addition to transmitting the notice of its preliminary decision as required in sub. (3), shall require public notice of the preliminary decision. The public notice shall contain the preliminary decision whether to grant the permit or the contract and the information specified in sub. (2) (b). The department shall provide a copy of this public notice to the applicant for the permit or contract. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area in which the project is located within 15 days after the receipt of the copy of the notice. The applicant shall provide proof of publication to the department.

SB45,517,8 (5) Response to preliminary decision. (a) If the department receives a timely written objection to a preliminary decision issued under sub. (2), the department shall determine whether it is a substantive written objection. The department shall inform the applicant that it has received the objection and the receipt of the objection stays the preliminary decision until the procedures in sub. (6) (a), (d) or (g) have been completed. Within 30 days after the receipt of the objection, the department shall either complete its determination or shall request more information to support the objection from the person making the objection. If the department requests more information, it shall complete its determination within 30 days after the receipt of the additional information. If the department fails to act within the time period required under this paragraph, the department shall issue a determination that the objection is a substantive written objection.

SB45,517,12 (b) If the department does not receive any timely written objections to a preliminary decision issued under sub. (2), the department shall enter the preliminary decision as its final decision on issuing the permit or entering the contract.

SB45,517,19 (6) Procedures when objections received. (a) If the department determines under sub. (5) that an objection is a substantive written objection to a preliminary decision and that the project proposed under the permit or contract affects a public right or public interest in a navigable waterway, the department shall notify the applicant of its determination and shall allow the person making the substantive written objection to choose any of the following methods as a means to resolve the dispute presented by the substantive written objection:

SB45,517,20 1. An informal hearing before staff from the department.

SB45,517,21 2. A public hearing following the procedures under sub. (8).

SB45,517,24 3. A dispute resolution proceeding, if agreeable to the applicant for the permit or contract, the department and the person making the substantive written objection.

SB45,518,6 (b) If the department determines under par. (a) that there is more than one substantive written objection to a preliminary decision, the department shall use the method under par. (a) 2. to resolve the dispute unless all of the persons making the substantive written objections agree to the method under par. (a) 1. or unless all of the persons making the substantive written objections and the applicant for the permit or contract agree to the method under par. (a) 3.

SB45,518,13 (c) If a dispute resolution proceeding is conducted under par. (a) and if an agreement is reached, the parties to the proceeding shall submit the agreement to the department for approval. In approving the decision, the department may amend the agreement in order to protect the public rights or interests in the navigable waterway affected by the agreement. If an agreement is not reached or if the department does not approve the agreement, the department shall order a public hearing under sub. (8).

SB45,518,20 (d) If the department determines under sub. (5) that an objection to a preliminary decision is a substantive written objection but that the project proposed under the permit or contract does not affect a public right or public interest in a navigable waterway, the department shall notify the applicant of its determination and shall allow the person making the substantive written objection to choose any of the following methods as a means to resolve the dispute presented by substantive written objection:

SB45,518,21 1. An informal hearing before staff from the department.

SB45,518,23 2. A dispute resolution proceeding, if agreeable to the applicant for the permit or contract and the person making a substantive written objection.

SB45,519,3 (e) If the department determines under par. (d) that there is more than one substantive written objection to a preliminary decision, the department shall use the method under par. (a) 1. to resolve the dispute unless all of the persons making the substantive written objections and the applicant for the permit or contract agree to the method under par. (a) 3.

SB45,519,10 (f) If a dispute resolution proceeding is conducted under par. (d) and if an agreement is reached, the parties to the proceeding shall submit the agreement to the department for approval. In approving the decision, the department may amend the agreement in order to protect the public rights or interests in the navigable waterway affected by the agreement. If an agreement is not reached or if the department does not approve the agreement, the department shall conduct an informal hearing as provided in par. (d) 1.

SB45,519,14 (g) If the department determines under sub. (5) that an objection to a preliminary decision is not a substantive written objection, the department shall enter the preliminary decision as its final decision on issuing the permit or entering the contract.

SB45,519,17 (h) If the final decision under par. (g) is to issue the permit or enter the contract, the stay under sub. (5) (a) is automatically extended for 10 days after the decision becomes final.

SB45,519,22 (7) Informal hearing and dispute resolution proceedings. The department shall promulgate rules to establish requirements and procedures for the informal hearings and the dispute resolution proceedings under sub. (6). The rules for dispute resolution proceedings shall include processes for mediation and binding arbitration.

SB45,520,7 (8) Public hearing and notice. If a public hearing is to be conducted under this section, the department shall order a public hearing and the division of hearings and appeals shall transmit copies of the written notice of hearing to each person who received a notice of the preliminary decision under sub. (3) and to each person who submitted a substantive written objection to the preliminary decision. The division of hearings and appeals shall transmit these copies at least 20 days before the hearing. The applicant shall then publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this subsection with the hearing examiner at or prior to the hearing.

SB45,520,11 (9) Judicial review. Any decision issued by department staff under sub. (6), any agreement approved by the department under sub. (6) or any decision by a hearing examiner under this section is an administrative decision subject to judicial review under ss. 227.52 to 227.58.

SB45,520,18 (10) Amended decisions. The department shall amend or reverse a preliminary decision instead of entering it as the final decision under sub. (5) (b) or (7) if, after issuing its preliminary decision, the department receives information concerning the permit or contract and if based on that information the department determines it is necessary to amend or reverse its decision. If the department amends or reverses the preliminary decision, the procedures in subs. (2) to (9) apply to this amended or reversed preliminary decision.

SB45, s. 791 Section 791. 30.12 (2) of the statutes is amended to read:

SB45,521,3 30.12 (2) Permits to place structures or deposits in navigable waters; generally. The department, upon application and after proceeding in accordance with s. 30.02 (3) and (4) issuing a preliminary decision and following the other applicable procedures under s. 30.02, may grant to any riparian owner a permit to build or maintain for the owner's use a structure otherwise prohibited under sub. (1), if the structure does not materially obstruct navigation or reduce the effective flood flow capacity of a stream and is not detrimental to the public interest. The procedures in this subsection do not apply to Applications for permits issued under sub. (3) are exempt from the procedures under s. 30.02.

SB45, s. 792 Section 792. 30.12 (4) (a) of the statutes is amended to read:

SB45,521,14 30.12 (4) (a) Activities affecting waters of the state as defined in s. 281.01 (18) that are carried out under the direction and supervision of the department of transportation in connection with highway and, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

SB45, s. 793 Section 793. 30.123 (3) of the statutes is amended to read:

SB45,521,19 30.123 (3) (a) Upon receipt of a complete application, the department shall issue a preliminary decision and follow the notice and hearing provisions of other applicable procedures under s. 30.02 (3) and (4), except that no notice or hearing is required for.

SB45,521,22 (b) Notwithstanding par. (a) applications for proposed bridges which would cross navigable waters less than 35 feet wide are exempt from the procedures under s. 30.02.

SB45, s. 794 Section 794. 30.135 (2) (a) of the statutes is renumbered 30.135 (2) and amended to read:

SB45,522,13 30.135 (2) Notice and hearing Decisions and procedure. Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located 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 a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department issue a preliminary decision and follow the other applicable procedures under s. 30.02 and the rules promulgated under sub. (3).

SB45, s. 795 Section 795. 30.135 (2) (b) of the statutes is repealed.

SB45, s. 796 Section 796. 30.135 (2) (c) of the statutes is repealed.

SB45, s. 797 Section 797. 30.135 (3) (a) of the statutes is renumbered 30.135 (3) and amended to read:

SB45,522,23 30.135 (3) Rules. The department shall promulgate a rule listing specific reasons that will support a substantive written objection to the placement of a water ski platform or water ski jump. A notice of preliminary decision issued for the placement of a water ski platform or water ski jump under s. 30.02 shall contain a statement explaining what constitutes a substantive written objection and the list of these specific reasons.

SB45, s. 798 Section 798. 30.135 (3) (b) of the statutes is repealed.

SB45, s. 799 Section 799. 30.135 (4) of the statutes is repealed.

SB45, s. 800 Section 800. 30.14 (2) of the statutes is amended to read:

SB45,523,9 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.

SB45, s. 801 Section 801. 30.18 (4) (a) of the statutes is amended to read:

SB45,523,18 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.

SB45, s. 802 Section 802. 30.18 (8) of the statutes is amended to read:

SB45,524,4 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.

SB45, s. 803 Section 803. 30.19 (3) (a) of the statutes is amended to read:

SB45,524,18 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.

SB45, s. 804 Section 804. 30.195 (3) of the statutes is amended to read:

SB45,525,4 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.

SB45, s. 805 Section 805. 30.195 (3m) of the statutes is created to read:

SB45,525,8 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:

SB45,525,11 (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.

SB45,525,13 (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.

SB45, s. 806 Section 806. 30.196 (intro.) of the statutes is amended to read:

SB45,525,21 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:

SB45, s. 807 Section 807. 30.20 (3) of the statutes is created to read:

SB45,525,25 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:

SB45,526,2 (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.

SB45,526,4 (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.

SB45, s. 808 Section 808. 30.206 (1) of the statutes is amended to read:

SB45,526,15 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.

SB45, s. 809 Section 809. 30.206 (1r) (title) of the statutes is created to read:

SB45,526,17 30.206 (1r) (title) Hearings.

SB45, s. 810 Section 810. 30.206 (1r) (b) of the statutes is created to read:

SB45,527,4 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.

SB45, s. 811 Section 811. 30.206 (1r) (c) of the statutes is created to read:

SB45,527,9 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.

SB45, s. 812 Section 812. 30.206 (1r) (d) of the statutes is created to read:

SB45,527,15 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.

SB45, s. 813 Section 813. 30.206 (2) of the statutes is amended to read:

SB45,527,21 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.

SB45, s. 814 Section 814. 30.206 (3) of the statutes is repealed.

SB45, s. 815 Section 815. 30.206 (3m) of the statutes is repealed.

SB45, s. 816 Section 816. 30.206 (4) of the statutes is repealed.

SB45, s. 817 Section 817. 30.206 (5) (title) of the statutes is created to read:

SB45,528,2 30.206 (5) (title) Period of validity; revocations; termination of structures or activities.

SB45, s. 818 Section 818. 30.206 (5) of the statutes is renumbered 30.206 (5) (c) and amended to read:

SB45,528,9 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.

SB45, s. 819 Section 819. 30.206 (5) (a) of the statutes is created to read:

SB45,528,13 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.

SB45, s. 820 Section 820. 30.206 (5) (b) of the statutes is created to read:

SB45,528,17 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.

SB45, s. 821 Section 821. 30.206 (5) (d) of the statutes is created to read:

SB45,528,23 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.

SB45, s. 822 Section 822. 30.206 (6) of the statutes is amended to read:

SB45,529,4 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.

SB45, s. 823 Section 823. 30.206 (7) of the statutes is repealed.

SB45, s. 824 Section 824. 30.206 (8m) of the statutes is created to read:

SB45,529,10 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.

SB45, s. 825 Section 825. 30.207 (title) of the statutes is repealed.

SB45, s. 826 Section 826. 30.207 (1) of the statutes is repealed.