Amendment AA1-ASA1-SB55

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.

SB55-ASA1-AA1, s. 1255j Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3) (a) and amended to read:

SB55-ASA1-AA1,353,24 30.134 (3) (a) In engaging in a water-related recreational activity in the using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following: enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.

SB55-ASA1-AA1, s. 1255k Section 1255k. 30.134 (3) (a) 1. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255n Section 1255n. 30.134 (3) (a) 2. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255p Section 1255p. 30.134 (3) (a) 3. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255q Section 1255q. 30.134 (3) (a) 4. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255r Section 1255r. 30.134 (3) (a) 5. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255s Section 1255s. 30.134 (3) (a) 6. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255t Section 1255t. 30.134 (3) (a) 7. of the statutes is repealed.

SB55-ASA1-AA1, s. 1255u Section 1255u. 30.134 (3) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 1255v Section 1255v. 30.134 (5) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,354,12 30.134 (5) Exceptions. (intro.) The right granted to the public to engage in recreational activities on under this section to use an exposed shore area of a stream does not apply to any of the following:".

SB55-ASA1-AA1,354,14 668. Page 494, line 20: delete the material beginning with that line and ending with page 497, line 21, and substitute:

SB55-ASA1-AA1,354,15 " Section 1261k. 30.203 of the statutes is renumbered 23.178.".

SB55-ASA1-AA1,354,16 669. Page 498, line 6: after that line insert:

SB55-ASA1-AA1,354,17 " Section 1261p. 30.24 of the statutes is renumbered 23.0942.

SB55-ASA1-AA1, s. 1261r Section 1261r. 30.26 of the statutes is renumbered 23.43.

SB55-ASA1-AA1, s. 1261u Section 1261u. 30.27 of the statutes is renumbered 23.432.

SB55-ASA1-AA1, s. 1261w Section 1261w. 30.275 of the statutes is renumbered 23.434.

SB55-ASA1-AA1, s. 1261y Section 1261y. 30.277 of the statutes is renumbered 23.0944.".

SB55-ASA1-AA1,354,22 670. Page 498, line 6: after that line insert:

SB55-ASA1-AA1,354,23 " Section 1261p. 30.265 of the statutes is created to read:

SB55-ASA1-AA1,355,7 30.265 Adopt a river program. The department shall establish an adopt a river program to encourage program volunteers to clean up a specified portion of a lake, river, wetland, or ravine. The department shall supply to the volunteers educational support and necessary supplies. The department shall keep records of information related to the program, including the pounds of rubbish collected, the number of volunteer hours provided, and descriptions of the debris found. The department shall publicly recognize volunteers who participate in the program.".

SB55-ASA1-AA1,355,8 671. Page 498, line 6: after that line insert:

SB55-ASA1-AA1,355,9 " Section 1261q. 30.208 of the statutes is created to read:

SB55-ASA1-AA1,355,16 30.208 Lakeshore basin procedures. (1) The department shall submit each application for a permit that it receives under this chapter for a project or activity at a site located in Brown, Door, or Kewaunee county to the Lakeshore basin council for its recommendations regarding the issuance of the permit. The Lakeshore basin council shall submit its recommendations to the department. Subsections (2) to (8) only apply to permit applications and permits that are for projects or activities sites that are located in Brown, Door, or Kewaunee county.

SB55-ASA1-AA1,355,18 (2) The department shall give the Lakeshore basin council notice of any hearing that is scheduled or ordered on the issuance of a permit.

SB55-ASA1-AA1,356,2 (3) Any application for a permit for a pier or a dredging activity that is part of a noncommercial project shall be treated by the department as Type III action under ch. NR 150, Wis. Adm. Code, and the person applying for the permit is exempt from the requirement of preparing an environmental assessment under s. 1.11 unless the department provides written determination that an environmental assessment is required under ch. NR 150, Wis. Adm. Code. The determination shall state the specific reasons supporting the department's determination.

SB55-ASA1-AA1,356,8 (4) Any person who submits a substantive written objection in response to a permit application shall pay the department a fee of $25 at the time the substantive written objection is submitted. The person shall also submit a supporting affidavit within 30 days after submitting the substantive written objection. The person who submits the substantive written objection shall have the burden at the hearing to prove that the department should not issue the permit.

SB55-ASA1-AA1,356,12 (5) If a person objects to the issuance of a permit, the hearing examiner or court hearing the objection may order the objecting party to pay the costs, including reasonable attorney fees, incurred by the permit applicant if the examiner or court finds that the objection was frivolous, as described in s. 814.025 (3).

SB55-ASA1-AA1,356,18 (6) The division of hearings and appeals shall randomly assign hearing examiners to conduct hearings regarding permit applications. If the department does not agree to schedule the hearing within 120 days after the department has denied a permit and the applicant has requested a hearing, the applicant may request that the division of hearings and appeals schedule the hearing at the earliest date available to the division.

SB55-ASA1-AA1,356,24 (7) If a person other than the department seeks judicial review of any permit application hearing, venue shall be in the county where the plaintiff resides, the county where the property that is involved in the permit is located, or a county chosen by the plaintiff. If the department seeks judicial review of any permit application hearing, venue shall be in the county where the office is located that issued the original decision regarding the permit.

SB55-ASA1-AA1,357,5 (8) The department may permit the use of alternate dispute resolution procedures to resolve a permit application dispute in place of a hearing. The department shall promulgate rules to establish requirements and procedures for the use of alternate dispute resolution procedures to resolve permit application disputes.".

SB55-ASA1-AA1,357,6 672. Page 498, line 12: after that line insert:

SB55-ASA1-AA1,357,7 " Section 1263c. 30.40 (3e) of the statutes is created to read:

SB55-ASA1-AA1,357,9 30.40 (3e) "Department" means the department of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1263e Section 1263e. 30.40 (15m) of the statutes is created to read:

SB55-ASA1-AA1,357,12 30.40 (15m) "Secretary" means the secretary of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1263g Section 1263g. 30.41 (1) of the statutes is amended to read:

SB55-ASA1-AA1,357,15 30.41 (1) There is created a Lower Wisconsin State Riverway consisting of land as designated by the natural resources fish, wildlife, parks, and forestry board.".

SB55-ASA1-AA1,357,16 673. Page 499, line 3: after that line insert:

SB55-ASA1-AA1,357,17 " Section 1265m. 30.50 (3m) of the statutes is created to read:

SB55-ASA1-AA1,357,19 30.50 (3m) "Department" means the department of fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,357,20 674. Page 499, line 7: after that line insert:

SB55-ASA1-AA1,357,21 " Section 1267m. 30.50 (11g) of the statutes is created to read:

SB55-ASA1-AA1,357,23 30.50 (11g) "Secretary" means the secretary of fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,357,24 675. Page 502, line 17: after that line insert:

SB55-ASA1-AA1,358,2 " Section 1283m. 30.52 (1m) (e) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,358,5 30.52 (1m) (e) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,358,6 676. Page 503, line 7: after that line insert:

SB55-ASA1-AA1,358,7 " Section 1286m. 30.52 (3m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,358,9 30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the account under s. 20.370 (3) (1) (is).".

SB55-ASA1-AA1,358,10 677. Page 507, line 23: after that line insert:

SB55-ASA1-AA1,358,11 " Section 1306m. 30.71 (4) of the statutes is amended to read:

SB55-ASA1-AA1,358,14 30.71 (4) Any rules necessary to carry out the purposes of this section shall be promulgated jointly by the department of commerce and the department of natural resources fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,358,15 678. Page 509, line 25: after that line insert:

SB55-ASA1-AA1,358,16 " Section 1319m. 30.773 (2) of the statutes is amended to read:

SB55-ASA1-AA1,358,23 30.773 (2) Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that the municipality is required to obtain the approval of the department of fish, wildlife, parks, and forestry, rather than the department of environmental management, and if the municipality created a board of harbor commissioners, the municipality is also required to obtain the approval of that board in addition to the approval of the department.".

SB55-ASA1-AA1,358,24 679. Page 511, line 2: after that line insert:

SB55-ASA1-AA1,359,1 " Section 1331m. 30.92 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,359,6 30.92 (6) (b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination and related administrative management functions, shall be consistent with the policies of the department and the natural resources fish, wildlife, parks, and forestry board.".

SB55-ASA1-AA1,359,7 680. Page 511, line 25: after that line insert:

SB55-ASA1-AA1,359,8 " Section 1339m. 31.01 (2m) of the statutes is created to read:

SB55-ASA1-AA1,359,10 31.01 (2m) "Duck Creek Drainage District" has the meaning given in s. 30.01 (1nm).".

SB55-ASA1-AA1,359,11 681. Page 511, line 25: after that line insert:

SB55-ASA1-AA1,359,12 " Section 1339m. 30.95 of the statutes is created to read:

SB55-ASA1-AA1,359,15 30.95 General provision for notice and hearing. (1) In any proceeding under this subchapter or subch. IV in which public notice is required, the department shall follow the procedures in subs. (3) and (4).

SB55-ASA1-AA1,359,19 (2) In any proceeding under this subchapter or subch. IV in which public notice is not required, the department shall follow the procedures in subs. (3) and (4) if it determines that substantial interests of any party may be adversely affected by the proceeding.

SB55-ASA1-AA1,360,5 (3) Upon receipt of a complete permit application, the department shall either schedule a hearing or provide notice stating that it will proceed on the application or request without a hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit 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-AA1,360,9 (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.

SB55-ASA1-AA1,360,13 (b) The applicant shall publish a class 1 notice under ch. 985 of the 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, s. 1339u Section 1339u. 31.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,360,16 31.01 (2) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 1340m Section 1340m. 31.02 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,360,23 31.02 (4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof, the department of environmental management may permit the owner may be permitted to enter into an agreement with the department of fish, wildlife, parks, and forestry to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department of fish, wildlife, parks, and forestry.".