3. If an objection is timely filed in response to these notices DNR must
determine whether it is a substantive written objection and, if so, whether the
riparian activity affects a public right or interest in navigable waters. If DNR
determines the objection is substantive and that the riparian activity affects a public
right or interest, DNR must offer the person making the objection the choice of a
public hearing before an administrative law judge, an informal hearing before DNR
staff, or a dispute resolution proceeding. If DNR determines that the objection is
substantive but that the riparian activity does not affect a public right or interest,
DNR must offer the choice between the informal hearing and the dispute resolution
proceeding.
The riparian activities that are subject to these notice and hearing
requirements under current law continue to be subject to the requirements under the
bill. The bill also applies the requirements to the permits and contracts to remove
material from beds of navigable waters.
Under current law, DNR must issue permits authorizing activities in navigable
waters such as the placement of structures or deposits. For certain types of activities
in navigable waters, DNR may issue a general permit that allows anyone to engage
in a type of activity as opposed to an individual permit to a specific individual who
wants to engage in the activity. Currently there are two programs under which DNR
issues general permits. One applies throughout the state (regular program). The
other program is a five-year project for the Wolf River and Fox River basin area,
under which DNR issues general permits for any activity in navigable waters that
requires a permit (pilot program). Under both programs, DNR issues a general
permit if it determines that the environmental impact of the activity is insignificant
and that the issuance of the permit will not cause pollution or injury to the rights of
the public or riparian property owners.
This bill eliminates the pilot program and makes the following changes in the
regular program:
1. DNR may issue a general permit for any activity that requires a specific
permit or a contract. Under current law, DNR may issue general permits for only
certain activities that require permits such as placement of fish cribs, bird nesting
platforms, gravel and riprap and the enlargement of certain waterways.
2. A time limit of five years is imposed on any general permit. There are no time
limits under the current two programs.
3. A person is allowed to maintain a structure or deposit or continue an activity
under the authority of a general permit after the general permit is no longer in effect
unless DNR determines that the structure, deposit or activity is detrimental to a
public right or interest in navigable waters.
4. Only municipalities, public inland lake protection and rehabilitation
districts, town sanitary districts and groups of ten or more riparian owners that
would be affected by the issuance of a general permit may apply for a general permit.
Under the current regular program, anyone may apply. Under the pilot program,
these specific persons plus any contractor who has been involved in placing
structures along navigable waters and certain local entities such as certain lake
associations and nonprofit conservation organizations may apply.
5. Public notice must be given and in certain cases, a public hearing must be
held before DNR may issue a general permit for any activity. Under the pilot
program, notice and hearing are required only if they are required before DNR issues
an individual permit for the activity in question. Under the regular program there
are no notice or hearing requirements because the types of activities for which
general permits are available have no notice and hearing requirements before DNR
may issue the permit.
6. A person conducting an activity under a general permit must comply with
any local ordinance that contains standards that are at least as restrictive as those
contained in the general permit. Currently, the pilot program requires compliance
with any applicable local ordinances.
7. The fee structure for general permits and for authorization to act under
general permits is incorporated from the pilot program.
8. DNR may inspect projects or activities in navigable waters that are
undertaken pursuant to permits issued or contracts entered into by DNR. Currently
the pilot program has similar provisions.
Under current law, most boats must have certificates of number or of
registration that are issued every two years for a fee by DNR. The fees are generally
based on the size of the boat. This bill increases these fees by 50% and increases the
period of certification and registration to three years.
Under current law, DNR awards grants for planning projects to provide
information on the quality of water in lakes. DNR also awards grants for
management projects that will improve or protect the quality of water in lakes or in
their ecosystems.
This bill allows these grants to be used to provide information and education
on the use of lakes and their ecosystems. Current law allows these grants to be used
to provide information only on the water quality in lakes. The bill also specifically
allows grant recipients to conduct assessments of lake uses and the uses of
surrounding land.
This bill creates a new grant program for river protection activities for certain
rivers. The program includes grants for both planning projects and management
projects and is similar to the lake planning grant program and the lake management
grant program. River protection management grants may be used to purchase land
or conservation easements in order to protect or improve a river or its ecosystem, to
restore in-stream or shoreline habitat and to install pollution control practices.
DNR may award grants under the program for up to 75% of the cost of the project.
The bill imposes a limit of $10,000 on each planning grant and a limit of $50,000 on
each management grant. Cities, villages, towns, counties, special purpose districts,
river management organizations that meet certain qualifications and nonprofit
conservation organizations are eligible for these grants.
Under current law, no permit is required from DNR for highway and bridge
work that is directed and supervised by the department of transportation (DOT) and
that involves the placement of structures or the deposition of material in navigable
waters of this state if the work is accomplished in accordance with interdepartmental
liaison procedures established by DOT and DNR for minimizing the adverse
environmental impact of the work.
This bill exempts any transportation project, including rail, harbor and airport
projects, directed and supervised by DOT from having to obtain a permit from DNR
to place structures or deposit material in navigable waters if the transportation
project is accomplished in accordance with the interdepartmental liaison
procedures. The bill also allows DOT, in connection with a transportation project,
to construct, dredge or enlarge any artificial waterway connecting to a navigable
water without obtaining a permit from DNR if the project is accomplished using the
interdepartmental liaison procedures.
Under current law, DNR awards grants to municipalities and public inland
lake protection and rehabilitation districts for the purposes of dam maintenance,
repair, modification, abandonment and removal. This bill expands the purposes for
which DNR may give financial assistance to include other activities that increase the
safety of the dam if the activities cost less than maintaining, repairing, modifying or
removing the dam. Currently, at least $250,000 of the $11,850,000 in grant
assistance must be spent to remove dams that are less that 15 feet wide and that
create impoundments of 50 acre-feet or less. This bill changes these size
requirements to 15 feet in height and 100 surface acres.
This bill authorizes DNR to charge a fee for providing any information that
DNR maintains in a format that may be accessed by computer concerning the waters
of this state, including maps and other water resource management information.
Recreation
Under current law, a minor who is under 12 years old may operate a snowmobile
only if the minor is accompanied on the same snowmobile by an adult. A minor who
is 12, 13, 14 or 15 years old may operate a snowmobile only if he or she holds a valid
snowmobile safety certificate or if he or she is accompanied on the same snowmobile
by a person who is over the age of 18 or by a person who is over the age of 14 and who
has a valid snowmobile safety certificate. Snowmobile operators who are at least 16
years old are exempt from being accompanied and from holding a snowmobile safety
certificate.
Under this bill, a person who is at least 12 years old and who is born on or after
January 1, 1985, must have a valid snowmobile safety certificate to operate a
snowmobile. This change goes into effect on January 1, 2001. The bill makes no
changes to current law for minors under 12 years old.
Under current law, a person operating a snowmobile adjacent to a roadway or
on certain roadways that are open to snowmobiles for access to lodging or residences
must observe the roadway speed limits. This bill expands this requirement to cover
all roadways upon which snowmobiles are operated.
Current law prohibits tampering with the odometer of a motor vehicle and with
the hour meter of farm equipment. This bill prohibits any person from knowingly
interfering with the proper operation of the odometer of a snowmobile or all-terrain
vehicle and from operating a snowmobile or all-terrain vehicle with a
malfunctioning odometer. The bill prohibits any person, with intent to defraud, from
interfering with the proper operation of an hour meter on a snowmobile, all-terrain
vehicle or boat.
This bill authorizes conservation wardens and other law enforcement officers
to stop and inspect a snowmobile to determine whether required equipment is in good
working order and to order out of operation a snowmobile found to be unsafe for
operation or in violation of required equipment standards. Conservation wardens
may issue a repair order to the owner or operator of the snowmobile in addition to
or instead of any penalties that apply to violating the equipment standards. The bill
also prohibits DNR and American Indian tribes and bands from registering
snowmobiles that failed their most recent equipment inspection until repairs have
been made.
Under current law, DNR administers a registration system for all-terrain
vehicles, boats and snowmobiles. This bill authorizes DNR to appoint agents, who
may be county clerks or other persons not employed by DNR, to issue all-terrain
vehicle and snowmobile registration certificates and to renew certain all-terrain
vehicle and snowmobile certificates and all certificates of number and registration
for boats. The bill also authorizes DNR to establish an expedited service for these
renewals, which may be used by the agents or by DNR directly.
The bill establishes a fee of $3 for the issuance of these registration documents
by DNR agents and requires that the agents remit $2 of each issuing fee to DNR. The
bill authorizes DNR to establish a supplemental renewal fee for renewals done by
agents or for the use of expedited services by persons who wish to renew the
certificates immediately and in person.
Under current law, DNR provides supplemental aid for the maintenance and
grooming of state and county snowmobile trails if the actual cost of maintenance or
grooming exceeds the amount determined under the trail aids formula, which sets
a maximum amount per mile of trail. Currently, this supplemental aid is funded by
moneys transferred from the transportation fund to the conservation fund. The
amount transferred annually equals 40% of the estimated amount of excise tax paid
on gasoline by operators of snowmobiles registered in this state.
This bill provides additional funding for these supplemental trail aids from the
fees charged by DNR for snowmobile trail use stickers, which are required on most
snowmobiles that are operated in this state but not registered in this state.
This bill provides funding for snowmobile enforcement and safety activities
from moneys received by the state under Indian gaming compacts.
Other natural resources
This bill creates the natural resources land endowment fund, which is a
nonlapsible trust fund consisting of gifts, grants and bequests made to the fund.
Moneys in the fund may be used by DNR to preserve, develop, manage and maintain
lands under the jurisdiction of DNR that are used for conservation or recreational
purposes.
This bill authorizes DNR to pay rewards to individuals who provide
information to DNR that leads to a finding by a court that a person has committed
a violation of one of the statutes, administrative rules or ordinances enforced by
DNR. The bill authorizes the natural resources board to evaluate reward claims and
determine whether, and in what amount, a reward will be paid.
Under current law, DNR may acquire, develop and manage land for specific
purposes such as state forests, state parks, state natural areas and hunting and
shooting grounds. This bill authorizes DNR to designate, acquire, develop and
manage land for the purpose of conserving the state's natural resources. DNR must
designate such lands state natural resource areas. DNR may allow various resource
management and recreational uses within the boundaries of the state natural
resources areas.
Under current law, DNR administers four programs instructing persons in the
safe use of snowmobiles, boats and all-terrain vehicles and in the safe use of firearms
and bows for hunting. Each program has somewhat different provisions establishing
or regulating the instruction fee charged for participation in the program and the
portion of that fee that the instructor may keep to cover his or her expenses. This
bill makes these provisions uniform. Under the bill, all of these fees are set by rule
by DNR and the instructor may keep up to 50% of the fee. As under current law, the
portion of the fees not kept by the instructors are remitted to DNR and are deposited
in the conservation fund.
Under current law, the Minnesota-Wisconsin boundary area commission is a
joint commission created by a compact entered into between Minnesota and
Wisconsin. The commission addresses issues relating to land and water use along
the boundary between the two states. This bill repeals the authorization for
Wisconsin's representation on the commission and withdraws Wisconsin from the
compact and the joint commission.
This bill annually transfers $2,000,000 in moneys received by the state under
Indian gaming compacts to the conservation fund.
Under current law, DNR administers the stewardship program, under which
funding is provided for various conservation purposes. This bill allows DNR to spend
up to $500,000 from stewardship funds for the establishment and development of a
state park that will provide access to Lake Michigan from the city of Milwaukee.
Current law limits the use of some of the area to be included in the state park to only
navigation and fishery purposes. This bill allows this area to also be used for public
park purposes.
This bill appropriates federal moneys for the construction of pedestrian and
bicycle facilities along Lake Michigan in the city of Milwaukee.
Currently, DNR's administrative rules establish water quality standards for
wetlands. Activities that are carried out by DOT in connection with highway and
bridge construction and maintenance are exempt from these rules if the activities
comply with certain interdepartmental procedures established by DNR and DOT for
minimizing the adverse environmental impact of the activities. This bill creates an
additional exemption from these wetland water quality standards for activities that
affect wetland areas if the wetland area that will be affected is less than 15 acres, the
activity is in a city in Trempealeau County and the city adopts a resolution stating
that the exemption is necessary to protect jobs or promote the creating of jobs in the
city. The bill also prohibits DNR from reviewing and disapproving an amendment
to a city or county shoreland or floodplain zoning ordinance if the amendment affects
this exempt activity.
Currently, DNR requires that certain persons provide performance bonds or
other surety when entering into a timber sale contract to cut or remove timber
products from state forest lands. This bill appropriates to DNR all the money it
receives from such a surety for any costs incurred to repair or otherwise remedy any
damage caused by the person while performing under the contract.
Under current law, DNR awards grants for fire-fighting equipment to cities,
villages, towns, counties and fire-fighting organizations. The grant recipient must
agree to assist DNR in fighting forest fires when requested to do so by DNR. This
bill eliminates the current sunset for the program of June 30, 1999.
Occupational regulation
This bill changes the fees that the department of regulation and licensing
(DORL) charges for all initial and renewal credentials of the occupations and
businesses that DORL regulates except for renewal credentials for aesthetics
schools, barbering or cosmetology schools, cemetery authorities, cemetery preneed
sellers, cemetery salespersons, charitable organizations, electrology instructors,
electrology schools and manicuring schools.
This bill requires DORL to prepare proposed legislation that establishes a
process for annually evaluating the necessity of at least 25% of the credentialing
boards in DORL and eliminating those that are unnecessary. The proposed
legislation must also establish four-year credentials instead of two-year credentials
under current law.
This bill requires DORL to promulgate rules that establish additional fees that
an applicant must pay if the applicant requests DORL to process an initial
application for a credential or a renewal application on an expedited basis.
Under current law, DORL may, under certain circumstances, cancel a
credential if the credential holder pays an initial or renewal credential fee with a
check that is not paid by the bank upon which the check is drawn. This bill allows
DORL to cancel a credential under the same circumstances for payment by a credit
or debit card.
Under current law, a cemetery authority that sells or solicits the sale of ten or
more cemetery lots or mausoleum spaces during one calendar year and who
compensates any other person for selling or soliciting the sale of the cemetery lots
or mausoleum spaces must register with DORL. Under this bill, such a registration
is required if a cemetery authority sells ten or more cemetery lots or mausoleum
spaces during one calendar year, regardless of whether compensation is paid. In
addition, a cemetery authority that solicits a sale of ten or more lots or spaces, but
does not sell ten or more lots or spaces, is not required to register. The bill also
specifies that a cemetery authority must file a separate registration with DORL for
each cemetery at which it sells ten or more cemetery lots or mausoleum spaces in a
calendar year.
Also under current law, an individual who sells or solicits the sale of ten or more
cemetery lots or mausoleum spaces in a calendar year must register with DORL as
a cemetery salesperson. This bill specifies that this registration requirement applies
to any person, such as a business entity, in addition to an individual, that sells or
solicits the sale of ten or more cemetery lots or mausoleum spaces in a calendar year.
Finally, under current law, a person that is registered as a cemetery salesperson
is required to comply with certain other requirements, including requirements
regarding trust accounts and disciplinary proceedings, that also apply to real estate
salespersons licensed by DORL. Under this bill, a person that is registered as a
cemetery salesperson is not required to comply with these other requirements.
Under current law, an employe of an audiologist or speech-language
pathologist who assists the audiologist or speech-language pathologist is exempt
from audiologist or speech-language pathologist licensure requirements. This bill
expands this exemption to cover any individual, not just an employe, who provides
assistance to an audiologist or speech-language pathologist.
Retirement and group insurance
Under current law, a participating employe in the Wisconsin retirement system
(WRS) may purchase any creditable service that he or she may have forfeited in the
past. To reestablish the creditable service, the participating employe must submit
an application to the department of employe trust funds (DETF) for all of the
creditable service that he or she forfeited and pay a lump sum that equals the
employe's statutorily required contributions on his or her earnings for each year of
creditable service.
This bill permits a participating employe to submit more than one application
to purchase forfeited WRS creditable service and allows the participating employe
to purchase all or part of the creditable service that he or she forfeited in the past.
Under current law, a participant in WRS may elect to receive a social security
integrated annuity. A social security integrated annuity allows a participant to
receive a higher WRS annuity before the age of 62 than he or she would ordinarily
receive. When the participant begins to receive social security payments at the age
of 62, the WRS annuity is reduced to an amount that is less than he or she would
ordinarily receive. The amount of the accelerated WRS monthly annuity received by
the participant before he or she attains the age of 62 equals the sum of the WRS
monthly annuity and the social security monthly annuity received by the participant
after he or she attains the age of 62. Under current law, however, if the participant
dies before the age of 62, the death benefit is based on the reduced WRS benefit.
