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798. 30.135 (3) (b) of the statutes is repealed.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799. 30.135 (4) of the statutes is repealed.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:
SB45,525,119
(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.
SB45,525,1312
(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:
SB45,525,2523
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:
SB45,526,2
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.
SB45,526,43
(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:
SB45,526,156
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:
SB45,527,419
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:
SB45,527,96
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:
SB45,527,1511
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.
SB45, s. 813
16Section
813. 30.206 (2) of the statutes is amended to read:
SB45,527,2117
30.206
(2) Conditions on permits. A general permit
issued under this section 18may include any conditions determined by the department to be reasonably
19necessary to prevent environmental pollution
, as defined in s. 299.01 (4), and to
20protect the public
interest interests and public rights in navigable waters and the
21rights of other riparian owners.
SB45, s. 814
22Section
814. 30.206 (3) of the statutes is repealed.
SB45, s. 815
23Section
815. 30.206 (3m) of the statutes is repealed.
SB45, s. 816
24Section
816. 30.206 (4) of the statutes is repealed.
SB45, s. 817
25Section
817. 30.206 (5) (title) of the statutes is created to read:
SB45,528,2
130.206
(5) (title)
Period of validity; revocations; termination of structures
2or activities.
SB45, s. 818
3Section
818. 30.206 (5) of the statutes is renumbered 30.206 (5) (c) and
4amended to read:
SB45,528,95
30.206
(5) (c) Failure of an applicant
for a general permit under this section to
6follow the procedural requirements
of under this section may result in forfeiture
but
7may not, by itself, result in and the department may seek abatement of the activity
8if the department determines that the activity injures the public rights or public
9interests in navigable waters.
SB45, s. 819
10Section
819. 30.206 (5) (a) of the statutes is created to read:
SB45,528,1311
30.206
(5) (a) A general permit shall be valid for the period of time specified
12by the department on the permit but may not be valid for longer than 5 years from
13the date of issuance.
SB45, s. 820
14Section
820. 30.206 (5) (b) of the statutes is created to read:
SB45,528,1715
30.206
(5) (b) The department may revoke a general permit if it determines
16that any of the activities authorized under the general permit injures the public
17rights or public interests in the navigable waters.
SB45, s. 821
18Section
821. 30.206 (5) (d) of the statutes is created to read:
SB45,528,2319
30.206
(5) (d) A person may maintain structure or deposit that was placed in
20a body of water or otherwise continue an activity under the authority of a general
21permit issued under this section after a general permit expires or is revoked unless
22the department determines that the structure, deposit or activity injures the public
23rights or public interests in navigable waters and orders it removed or terminated.
SB45, s. 822
24Section
822. 30.206 (6) of the statutes is amended to read:
SB45,529,4
130.206
(6) Option to request individual permit. A person proposing an activity
2for which a general permit has been issued may request an individual permit under
3the applicable provisions of this chapter
or ch. 31 in lieu of seeking authorization
4under the general permit.
SB45, s. 823
5Section
823. 30.206 (7) of the statutes is repealed.
SB45, s. 824
6Section
824. 30.206 (8m) of the statutes is created to read:
SB45,529,107
30.206
(8m) General permits under pilot program. Any permit issued under
8s. 30.207, 1997 stats., and in effect on the effective date of this subsection .... [revisor
9inserts date], shall remain in effect. Subsections (3b), (5) and (6) apply to such a
10permit.
SB45, s. 825
11Section
825. 30.207 (title) of the statutes is repealed.
SB45, s. 826
12Section
826. 30.207 (1) of the statutes is repealed.
SB45, s. 827
13Section
827. 30.207 (1m) of the statutes is repealed.
SB45, s. 828
14Section
828. 30.207 (2) of the statutes is repealed.
SB45, s. 829
15Section
829. 30.207 (3) (title) of the statutes is renumbered 30.206 (1g) (title)
16and amended to read:
SB45,529,1717
30.206
(1g) (title)
Application for
general permit permits.
SB45, s. 830
18Section
830. 30.207 (3) (a) of the statutes is renumbered 30.206 (1g) (a) and
19amended to read:
SB45,530,520
30.206
(1g) (a)
Any
local entity,
as defined in s. 30.77 (3) (dm), or any group of
2110 riparian owners who will be affected by the issuance of a general permit, or any
22contractor who is or has been involved in the construction of structures or along
23navigable waters may apply for a municipality, public inland lake protection and
24rehabilitation district or any town sanitary district may submit an application to the
25department for general permit under this section
authorizing one or more activities
1statewide or in a region in which the municipality or district is located. Any group
2of at least 10 riparian owners may submit an application for a general permit under
3this section authorizing one or more activities statewide or in a region where the
4riparian owners will be affected. The fee specified in s. 30.28 (2) (b) 1. shall
5accompany the application.
SB45, s. 831
6Section
831. 30.207 (3) (b) of the statutes is repealed.
SB45, s. 832
7Section
832. 30.207 (3) (c) of the statutes is repealed.
SB45, s. 833
8Section
833. 30.207 (3) (d) (intro.) of the statutes is renumbered 30.206 (1g)
9(b) (intro.).
SB45, s. 834
10Section
834. 30.207 (3) (d) 1. of the statutes is renumbered 30.206 (1g) (b) 1.
SB45, s. 835
11Section
835. 30.207 (3) (d) 2. of the statutes is renumbered 30.206 (1g) (b) 2.
12and amended to read:
SB45,530,1513
30.206
(1g) (b) 2. Specify the department's plans for proceeding on the
14application.
The plans shall include a timetable for the notice and hearing required
15under sub. (4).
SB45, s. 836
16Section
836. 30.207 (4) of the statutes is repealed.
SB45, s. 837
17Section
837. 30.207 (5) of the statutes is renumbered 30.206 (1r) (a) and
18amended to read:
SB45,531,219
30.206
(1r) (a)
If an activity for which an application for which a general permit
20has been submitted would be subject to the hearing and notice provisions under s.
2130.02 (3) and (4) for the issuance of an individual permit, the department shall
22comply with those provisions. Notice The department shall follow the notice and
23hearing
shall be required on procedures under pars. (b) to (d) for an application for
24a general permit under this section
only if a notice and hearing are required under
1s. 30.02 (3) and (4) for the activity as part of an application for an individual permit
2under this chapter.
SB45, s. 838
3Section
838. 30.207 (6) of the statutes is repealed.
SB45, s. 839
4Section
839. 30.207 (7) (title) of the statutes is renumbered 30.206 (3b) (title)
5and amended to read:
SB45,531,66
30.206
(3b) (title)
Activities under
general permits.
SB45, s. 840
7Section
840. 30.207 (7) (a) of the statutes is renumbered 30.206 (3b) (a) and
8amended to read:
SB45,531,179
30.206
(3b) (a) At least 15 days before beginning the activity that is authorized
10by a general permit under this section
, the person who wishes to conduct
the activity 11an activity for which the department has issued a general permit shall submit a
12notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2. The notice
13shall describe the activity, state the name of the person that will be conducting the
14activity and
state the site shall specify the location where the activity will be
15conducted. The notice shall also contain a statement signed by the person conducting
16the activity that the person will act in conformance with the standards contained in
17the general permit.
SB45, s. 841
18Section
841. 30.207 (7) (b) of the statutes is renumbered 30.206 (3b) (b) and
19amended to read:
SB45,532,220
30.206
(3b) (b) Upon receipt of a notice that complies with par. (a), the
21department may inform the person that the activity may not be conducted under the
22general permit if
conditions at the site where the activity would
be conducted would 23cause adverse environmental impact, injure public rights and
public interests
or
24cause environmental pollution, as defined in s. 299.01 (4). The department shall
25respond to the person within 15 days after receiving the notice. Failure of the
1department to respond within 15 days shall constitute the department's approval of
2the activity under the general permit in navigable waters.
SB45, s. 842
3Section
842. 30.207 (7) (c) of the statutes is renumbered 30.206 (3b) (c) and
4amended to read:
SB45,532,85
30.206
(3b) (c) A person conducting an activity that is authorized by a general
6permit under this section shall comply with any
standard contained in an applicable
7local
ordinances ordinance that is at least as restrictive as the standards contained
8in the general permit.
SB45, s. 843
9Section
843. 30.207 (8) of the statutes is repealed.
SB45, s. 844
10Section
844. 30.207 (9) (intro.) of the statutes is renumbered 30.279 and
11amended to read:
SB45,532,19
1230.279 Access Departmental access to property. For
inspection
the 13purposes
of administering and enforcing this chapter and the rules promulgated
14under this chapter, an employe or agent of the department shall have free access
15during reasonable hours to
inspect any site where
an project or activity is proposed
16to be, is or has been
authorized under a general
undertaken pursuant to a permit
17issued under this section if the employe or agent shows to any person who is present
18at the site and who owns the site or is otherwise in control of the site either of the
19following: or other approval or a contract under this chapter.
SB45, s. 845
20Section
845. 30.207 (9) (a) of the statutes is repealed.
SB45, s. 846
21Section
846. 30.207 (9) (b) of the statutes is repealed.
SB45, s. 847
22Section
847. 30.207 (10) of the statutes is repealed.
SB45, s. 848
23Section
848. 30.28 (1) of the statutes is amended to read:
SB45,533,224
30.28
(1) Fees required. The department shall charge a permit or approval fee
25for carrying out its duties and responsibilities under ss. 30.10 to
30.205, 30.207
130.206 and 30.21 to 30.27. The permit or approval fee shall accompany the permit
2application, notice or request for approval.
SB45, s. 849
3Section
849. 30.28 (2) (b) 1. of the statutes is amended to read:
SB45,533,54
30.28
(2) (b) 1. For an application for a general permit submitted under s.
530.207 (3) 30.206 (1g), the fee shall be $2,000.
SB45, s. 850
6Section
850. 30.28 (2) (b) 2. of the statutes is amended to read: