Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,343,3 30.03 (2) The district attorney of the appropriate county or, at the request of the department of environmental management, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter subchs. I to III or ch. 31. The district attorney or, at the request of the department of fish, wildlife, parks, and forestry, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under subchs. IV or V.".

SB55-ASA1-AA1,343,4 653. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,343,5 " Section 1245g. 30.015 of the statutes is created to read:

SB55-ASA1-AA1,343,20 30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

SB55-ASA1-AA1, s. 1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

SB55-ASA1-AA1,344,10 30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 30 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it 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.

SB55-ASA1-AA1, s. 1245r Section 1245r. 30.02 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,344,16 30.02 (4) (a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection to issuance of the permit. The public hearing shall be conducted within 30 days after the hearing is ordered.

SB55-ASA1-AA1, s. 1245s Section 1245s. 30.02 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,344,21 30.02 (4) (b) The applicant shall publish a class 1 notice under ch. 985 of the public hearing 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 paragraph with the hearing examiner at or prior to the hearing.".

SB55-ASA1-AA1,344,22 654. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,344,23 " Section 1245m. 30.025 (4) of the statutes is amended to read:

SB55-ASA1-AA1,345,4 30.025 (4) The permit may be issued upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The For a large electric generating facility, as defined in s. 196.491 (1) (g), the department shall grant or deny the application within the time limit applicable under s. 196.491 (3) (a) 3. b.".

SB55-ASA1-AA1,345,5 655. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,345,6 " Section 1247d. 30.12 (2m) of the statutes is created to read:

SB55-ASA1-AA1,345,13 30.12 (2m) Piers and boat shelters exempt from enforcement action. A pier or boat shelter that was in place on January 1, 2001, or that was seasonally placed in the same location in each of the years beginning with 1996 and ending with 2000, is exempt from any enforcement action by the department under this section that requires a riparian owner to repair, renovate, modify, or remove the pier or boat shelter, unless the riparian owner reconstructs or materially alters the pier or boat shelter after January 1, 2001.".

SB55-ASA1-AA1,345,14 656. Page 492, line 2: after that line insert:

SB55-ASA1-AA1,345,15 " Section 1240b. 30.01 (6c) of the statutes is created to read:

SB55-ASA1-AA1,345,20 30.01 (6c) "Supporting affidavit" means a sworn affidavit that specifies the underlying arguments in support of a substantive written objection and that attests that the person making the substantive written objection will appear, present testimony, and produce any relevant witnesses in support of the substantive written objection in a contested case hearing.

SB55-ASA1-AA1, s. 1240c Section 1240c. 30.02 (5) of the statutes is created to read:

SB55-ASA1-AA1,346,2 30.02 (5) If the department schedules or orders a hearing under this section on this issuance of a permit, the applicant for the permit may bring an action in circuit court, in lieu of the hearing, asking that the court order the department to issue the permit.".

SB55-ASA1-AA1,346,3 657. Page 494, line 8: after that line insert:

SB55-ASA1-AA1,346,4 " Section 1248c. 30.12 (4m) (title) of the statutes is amended to read:

SB55-ASA1-AA1,346,6 30.12 (4m) (title) Duck Creek Drainage District Certain drainage district structures and deposits.

SB55-ASA1-AA1, s. 1248g Section 1248g. 30.12 (4m) (intro.) of the statutes is renumbered 30.12 (4m) (a) (intro.) and amended to read:

SB55-ASA1-AA1,346,12 30.12 (4m) (a) (intro.) Subsection (1) does not apply to a qualifying structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

SB55-ASA1-AA1, s. 1248n Section 1248n. 30.12 (4m) (a) of the statutes is renumbered 30.12 (4m) (a) 1. and amended to read:

SB55-ASA1-AA1,346,17 30.12 (4m) (a) 1. The department of agriculture, trade and consumer protection, after consulting with the department of natural resources, specifically approves the qualifying structure or deposit.

SB55-ASA1-AA1, s. 1248r Section 1248r. 30.12 (4m) (b) of the statutes is renumbered 30.12 (4m) (a) 2. and amended to read:

SB55-ASA1-AA1,346,24 30.12 (4m) (a) 2. The qualifying structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

SB55-ASA1-AA1, s. 1248w Section 1248w. 30.12 (4m) (c) of the statutes is created to read:

SB55-ASA1-AA1,347,3 30.12 (4m) (c) For purposes of this subsection, a "qualifying structure or deposit" is either of the following:

SB55-ASA1-AA1,347,5 1. Any structure or deposit that is placed in a drain that is operated in the Duck Creek Drainage District by the board for the Duck Creek Drainage District.

SB55-ASA1-AA1,347,8 2. Any structure or deposit that is placed in a drain that is not described in subd. 1. if the structure or deposit is used primarily for agricultural purposes, as defined in s. 29.181 (1b) (a).".

SB55-ASA1-AA1,347,9 658. Page 494, line 8: after that line insert:

SB55-ASA1-AA1,347,11 " Section 1251b. 30.12 (4m) (a) 1. and 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), are amended to read:

SB55-ASA1-AA1,347,14 30.12 (4m) (a) 1. The department of agriculture, trade and consumer protection, after consulting with the department of natural resources environmental management, specifically approves the qualifying structure or deposit.

SB55-ASA1-AA1,347,19 2. The qualifying structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 1252b Section 1252b. 30.124 (title) of the statutes is renumbered 23.244 (title).".

SB55-ASA1-AA1,347,21 659. Page 494, line 8: after that line insert:

SB55-ASA1-AA1,347,22 " Section 1252m. 30.121 (3g) of the statutes is created to read:

SB55-ASA1-AA1,348,3 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.".

SB55-ASA1-AA1,348,4 660. Page 494, line 8: after that line insert:

SB55-ASA1-AA1,348,5 " Section 1247t. 30.12 (3m) of the statutes is created to read:

SB55-ASA1-AA1,348,12 30.12 (3m) Application and promulgation of rules. Every rule promulgated by the department under this section that relates to the regulation of piers or boat shelters under sub. (2) and that is in effect on the day before the effective date of this subsection .... [revisor inserts date], shall be void. The department shall promulgate rules regulating piers and boat shelters under sub. (2) that shall supersede the rules promulgated by the department under sub. (2) that were in effect on the day before the effective date of this subsection .... [revisor inserts date].

SB55-ASA1-AA1, s. 1252m Section 1252m. 30.121 (6m) of the statutes is created to read:

SB55-ASA1-AA1,348,21 30.121 (6m) Application and promulgation of rules. Notwithstanding sub. (6), every rule promulgated by the department under this section that relates to the regulation of boathouses under this section and that is in effect on the day before the effective date of this subsection .... [revisor inserts date], shall be void. The department shall promulgate rules regulating boathouses under this section that shall supersede the rules promulgated by the department under this section that were in effect on the day before the effective date of this subsection .... [revisor inserts date].".

SB55-ASA1-AA1,348,22 661. Page 494, line 14: after that line insert:

SB55-ASA1-AA1,348,24 " Section 1253b. 30.124 (1) (intro) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 23.244 (1) (intro.) and amended to read:

SB55-ASA1-AA1,349,6 23.244 (1) (intro.) Notwithstanding ss. 23.245, 30.12, 30.20, 30.44 and 30.45 and if the department finds, after consulting with the department of environmental management, that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:".

SB55-ASA1-AA1,349,7 662. Page 494, line 18: after that line insert:

SB55-ASA1-AA1,349,9 " Section 1254b. 30.124 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 23.244 (1) (a).

SB55-ASA1-AA1, s. 1254g Section 1254g. 30.124 (1) (b) of the statutes is renumbered 23.244 (1) (b).

SB55-ASA1-AA1, s. 1254r Section 1254r. 30.124 (2) of the statutes is renumbered 23.244 (2).".

SB55-ASA1-AA1,349,12 663. Page 494, line 19: after that line insert:

SB55-ASA1-AA1,349,13 " Section 1255m. 30.1255 of the statutes is renumbered 23.243.

SB55-ASA1-AA1, s. 1259d Section 1259d. 30.195 (2) of the statutes is amended to read:

SB55-ASA1-AA1,349,18 30.195 (2) Applications. Applications for permits required by this section shall be made to the department of natural resources upon forms prescribed by it. Applications shall contain such information as the department reasonably requires to enable it to act on the application.

SB55-ASA1-AA1, s. 1260b Section 1260b. 30.20 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,350,2 30.20 (1) (d) The drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources environmental management.".

SB55-ASA1-AA1,350,3 664. Page 494, line 19: after that line insert:

SB55-ASA1-AA1,350,4 " Section 1255g. 30.20 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,350,11 30.20 (1) (d) The A drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove qualifying material from a drain that the board operates in the Duck Creek Drainage District if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

SB55-ASA1-AA1, s. 1255r Section 1255r. 30.20 (1) (dm) of the statutes is created to read:

SB55-ASA1-AA1,350,14 30.20 (1) (dm) For purposes of this paragraph, "qualifying material" is either of the following:

SB55-ASA1-AA1,350,16 1. Any material that is removed from a drain that is operated in the Duck Creek Drainage District by the board for the Duck Creek Drainage District.

SB55-ASA1-AA1,350,19 2. Any material that is removed from a drain that is not described in subd. 1. if the removal is necessary primarily for agricultural purposes, as defined in s. 29.181 (1b) (a).".

SB55-ASA1-AA1,350,20 665. Page 494, line 19: after that line insert:

SB55-ASA1-AA1,350,21 " Section 1256g. 30.19 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,350,24 30.19 (1) (c) To grade or otherwise remove top soil from the bank of any navigable stream, lake or other body of navigable water where the area exposed by such grading or removal will exceed 10,000 20,000 square feet.

SB55-ASA1-AA1, s. 1256r Section 1256r. 30.19 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,351,9 30.19 (3) (a) Section 30.02 (3) and (4) applies to 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 to the persons under sub. (2) (e). For any permit application which affects the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root River or any tributary of those rivers, special notice shall be given to the Milwaukee metropolitan sewerage district. The metropolitan sewerage district shall have 30 days to respond to the special notice.".

SB55-ASA1-AA1,351,10 666. Page 494, line 19: after that line insert:

SB55-ASA1-AA1,351,11 " Section 1255f. 30.13 (1p) of the statutes is created to read:

SB55-ASA1-AA1,351,18 30.13 (1p) Piers exempt from enforcement action. A pier that was in place on January 1, 2001, or that was seasonally placed in the same location in each of the years beginning with 1996 and ending with 2000, is exempt from any enforcement action under this section by the department, or by the governing body of a city, village, or town, or a designated officer, that requires a riparian proprietor to repair, renovate, modify, or remove the pier, unless the riparian proprietor reconstructs or materially alters the pier after January 1, 2001.

SB55-ASA1-AA1, s. 1255j Section 1255j. 30.13 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,352,3 30.13 (4) (a) Interferes with public rights. A wharf or pier which that interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is expressly provided. A pier that interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the pier under s. 30.12, authorization for the pier is expressly provided, or the pier is exempt from any enforcement action under sub. (1p), s. 30.12 (2m), or s. 30.131 (4).

SB55-ASA1-AA1, s. 1255m Section 1255m. 30.13 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,352,12 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which that interferes with rights of other riparian proprietors constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is expressly provided. A pier that interferes with the rights of other riparian proprietors constitutes an unlawful obstruction of navigable waters unless a permit is issued for the pier under s. 30.12, authorization for the pier is expressly provided, or the pier is exempt from any enforcement action under sub. (1p), s. 30.12 (2m), s. 30.131 (4).

SB55-ASA1-AA1, s. 1255p Section 1255p. 30.13 (7) of the statutes is created to read:

SB55-ASA1-AA1,352,19 30.13 (7) Application and promulgation of rules. Every rule promulgated by the department that relates to the regulation of piers under this section and that is in effect on the day before the effective date of this subsection .... [revisor inserts date], shall be void. The department shall promulgate rules regulating piers under this section that shall supersede the rules promulgated by the department under this section that were in effect on January 1, 2001.

SB55-ASA1-AA1, s. 1255t Section 1255t. 30.131 (3) of the statutes is created to read:

SB55-ASA1-AA1,353,2 30.131 (3) Piers exempt from enforcement action. A pier that was in place on January 1, 2001, or that was seasonally placed in the same location in each of the years beginning with 1996 and ending with 2000, is exempt from any enforcement action by the department that requires the person who placed the pier or the owner of riparian land that abuts the pier to repair, renovate, modify, or remove the pier, unless the person who placed the pier or the riparian owner reconstructs or materially alters the pier after January 1, 2001.

SB55-ASA1-AA1, s. 1255v Section 1255v. 30.131 (4) of the statutes is created to read:

SB55-ASA1-AA1,353,10 30.131 (4) Application and promulgation of rules. Every rule promulgated by the department that relates to the regulation of piers under this section and that is in effect on the day before the effective date of this subsection .... [revisor inserts date], shall be void. The department shall promulgate rules regulating piers under this section that shall supersede the rules promulgated by the department under this section that were in effect on the day before the effective date of this subsection .... [revisor inserts date].".

SB55-ASA1-AA1,353,11 667. Page 494, line 19: after that line insert:

SB55-ASA1-AA1,353,12 " Section 1255d. 30.134 (1) (e) of the statutes is repealed.

SB55-ASA1-AA1, s. 1255h Section 1255h. 30.134 (2) of the statutes is amended to read:

SB55-ASA1-AA1,353,17 30.134 (2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity only if it is necessary to exit the body of water to bypass an obstruction.