SB55-ASA1-AA1,356,18
13(6) The division of hearings and appeals shall randomly assign hearing
14examiners to conduct hearings regarding permit applications. If the department
15does not agree to schedule the hearing within 120 days after the department has
16denied a permit and the applicant has requested a hearing, the applicant may
17request that the division of hearings and appeals schedule the hearing at the earliest
18date available to the division.
SB55-ASA1-AA1,356,24
19(7) If a person other than the department seeks judicial review of any permit
20application hearing, venue shall be in the county where the plaintiff resides, the
21county where the property that is involved in the permit is located, or a county chosen
22by the plaintiff. If the department seeks judicial review of any permit application
23hearing, venue shall be in the county where the office is located that issued the
24original decision regarding the permit.
SB55-ASA1-AA1,357,5
1(8) The department may permit the use of alternate dispute resolution
2procedures to resolve a permit application dispute in place of a hearing. The
3department shall promulgate rules to establish requirements and procedures for the
4use of alternate dispute resolution procedures to resolve permit application
5disputes.".
SB55-ASA1-AA1,357,98
30.40
(3e) "Department" means the department of fish, wildlife, parks, and
9forestry.
SB55-ASA1-AA1,357,1211
30.40
(15m) "Secretary" means the secretary of fish, wildlife, parks, and
12forestry.
SB55-ASA1-AA1,357,1514
30.41
(1) There is created a Lower Wisconsin State Riverway consisting of land
15as designated by the
natural resources fish, wildlife, parks, and forestry board.".
SB55-ASA1-AA1,357,1918
30.50
(3m) "Department" means the department of fish, wildlife, parks, and
19forestry.".
SB55-ASA1-AA1,357,2322
30.50
(11g) "Secretary" means the secretary of fish, wildlife, parks, and
23forestry.".
SB55-ASA1-AA1,358,2
1"
Section 1283m. 30.52 (1m) (e) of the statutes, as affected by 2001 Wisconsin
2Act .... (this act), is amended to read:
SB55-ASA1-AA1,358,53
30.52
(1m) (e)
Receipt of fees. All fees remitted to or collected by the department
4under par. (ar) shall be credited to the appropriation account under s. 20.370
(9) (hu) 5(1) (hw).".
SB55-ASA1-AA1,358,98
30.52
(3m) (b) All moneys collected under par. (a) shall be deposited into the
9account under s. 20.370
(3) (1) (is).".
SB55-ASA1-AA1,358,1412
30.71
(4) Any rules necessary to carry out the purposes of this section shall be
13promulgated jointly by the department of commerce and the department of
natural
14resources fish, wildlife, parks, and forestry.".
SB55-ASA1-AA1,358,2317
30.773
(2) Procedures. A municipality authorized to establish a bulkhead line
18under s. 30.11 may establish a designated mooring area in the same manner as it is
19authorized to establish the bulkhead line except that
the municipality is required to
20obtain the approval of the department of fish, wildlife, parks, and forestry, rather
21than the department of environmental management, and if the municipality created
22a board of harbor commissioners, the municipality is
also required to obtain the
23approval of that board
in addition to the approval of the department.".
SB55-ASA1-AA1,359,62
30.92
(6) (b) The department shall assign staff to the commission for
3management of the program under this section. All staff activities, including but not
4limited to budgeting, program coordination and related administrative management
5functions, shall be consistent with the policies of the department and the
natural
6resources fish, wildlife, parks, and forestry board.".
SB55-ASA1-AA1,359,109
31.01
(2m) "Duck Creek Drainage District" has the meaning given in s. 30.01
10(1nm).".
SB55-ASA1-AA1,359,15
1330.95 General provision for notice and hearing. (1) In any proceeding
14under this subchapter or subch. IV in which public notice is required, the department
15shall follow the procedures in subs. (3) and (4).
SB55-ASA1-AA1,359,19
16(2) In any proceeding under this subchapter or subch. IV in which public notice
17is not required, the department shall follow the procedures in subs. (3) and (4) if it
18determines that substantial interests of any party may be adversely affected by the
19proceeding.
SB55-ASA1-AA1,360,5
20(3) Upon receipt of a complete permit application, the department shall either
21schedule a hearing or provide notice stating that it will proceed on the application
22or request without a hearing if, within 30 days after the publication of the notice, no
23substantive written objection to issuance of the permit is received. The notice shall
24be provided to the clerk of each municipality in which the project is located and to
1any other person required by law to receive notice. The department may provide
2notice to other persons as it deems appropriate. The department shall provide a copy
3of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985
4in a newspaper designated by the department that is likely to give notice in the area
5affected. The applicant shall file proof of publication with the department.
SB55-ASA1-AA1,360,9
6(4) (a) If a public hearing is ordered, the division of hearings and appeals shall
7mail a written notice at least 10 days before the hearing to each person given notice
8under sub. (3) and, in the case of an application for a permit, to any person who
9submitted a substantive written objection to issuance of the permit.
SB55-ASA1-AA1,360,1310
(b) The applicant shall publish a class 1 notice under ch. 985 of the hearing in
11a newspaper designated by the department that is likely to give notice in the area
12affected. The applicant shall file proof of publication under this paragraph with the
13hearing examiner at or prior to the hearing.
SB55-ASA1-AA1,360,1615
31.01
(2) "Department" means the department of
natural resources 16environmental management.
SB55-ASA1-AA1,360,2318
31.02
(4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof
, 19the
department of environmental management may permit the owner
may be
20permitted to enter into an agreement with the department
of fish, wildlife, parks,
21and forestry to pay for or to supply to the state of Wisconsin annually such quantities
22of game fish for stocking purposes as may be agreed upon by the owner and the
23department
of fish, wildlife, parks, and forestry.".
SB55-ASA1-AA1,361,42
31.01
(7) "Professional engineering firm" means a private professional
3engineering firm, partnership, or corporation that has been granted a certificate of
4authorization under s. 443.08 (3).
SB55-ASA1-AA1,361,146
31.02
(2) The department may investigate and determine all reasonable
7methods of construction, operation, maintenance, and equipment for any dam so as
8to conserve and protect all public rights in navigable waters and so as to protect life,
9health and property; and the construction, operation, maintenance and equipment,
10or any or all thereof, of dams in navigable waters shall be subject to the supervision
11of the department and to the orders and regulations of the department made or
12promulgated under this chapter.
Except as provided in s. 31.19 (6) (b), any inspection
13conducted as part of an investigation under this subsection shall be conducted by a
14professional engineering firm.
SB55-ASA1-AA1,361,2216
31.02
(3) The department
or, any member or any agent or employe
thereof of
17the department and any professional engineering firm shall at all times be accorded
18free access to any
and all parts part of any dam and
appurtenances to any
19appurtenance constructed or maintained in navigable waters
and in order to conduct
20an inspection or investigation as authorized or required under this chapter. The
21department may enter upon any property to investigate a waterway or use of water
22from any lake or stream.".
SB55-ASA1-AA1,362,13
131.02
(7) The department
of natural resources shall confer with
the
2department of agriculture, trade and consumer protection and the drainage
3commissioners in each drainage district on the formation of policies for the operation
4and maintenance of the dams
; in districts. In a district having no commissioners, the
5department
of natural resources shall confer in like manner
with the department of
6agriculture, trade and consumer protection and with
the any committee appointed
7by the county board
, if any, to represent
either such the drainage district
, or in
. In 8the event that
the a drainage district is dissolved,
to represent the department of
9natural resources shall confer with any committee appointed by the county board to
10represent the interests of the county in all matters whatsoever pertaining to water
11conservation and control within the area which theretofore constituted
such the 12drainage district.
This subsection does not apply to the Duck Creek Drainage
13District.
SB55-ASA1-AA1,362,2315
31.02
(7m) The drainage board for the Duck Creek Drainage District shall
16operate, repair and maintain dams, dikes and other structures in district drains that
17the board operates in the Duck Creek Drainage District in compliance with ch. 88
18and any rules promulgated by the department of agriculture, trade and consumer
19protection under ch. 88.
If a county Subsection (7) does not apply to the Duck Creek
20Drainage District unless the drainage board
for the district fails to perform its duties
21under this subsection
, the. If the drainage board fails to perform these duties, the 22department of natural resources may exercise its authority under subs. (6)
, (8) and
23(9)
and shall perform its duties under subs. (7) and (8).
SB55-ASA1-AA1,363,5
131.02
(8) The department
of natural resources shall give careful consideration
2to the suggestions
of made under sub. (7) by the department of agriculture, trade and
3consumer protection, the drainage commissioners
, or
any committee of the county
4board, but the final decision in all matters under consideration shall rest with the
5department
of natural resources.
SB55-ASA1-AA1,363,117
31.02
(9) So far as seems practicable, the department may designate or employ
8the drainage commissioners of any drainage district, or the committee of the county
9board
above referred to appointed under sub. (7), to operate the dams in
such the 10district or
in the area formerly comprising a drainage district or
to perform services
11in the repair and maintenance of the dams,
dykes
dikes and other works.".
SB55-ASA1-AA1,363,1914
31.02
(4r) The department
of environmental management shall promulgate
15rules specifying the rights held by the public in navigable waters that are dammed.
16The rules shall include provisions on the rights held by
the public that affect the
17placement of fishways or fish ladders in navigable waters that are dammed.
The
18department of environmental management shall consult with the department of
19fish, wildlife, parks, and forestry concerning the rules under this subsection.
SB55-ASA1-AA1,364,321
31.02
(7m) The drainage board for the Duck Creek Drainage District shall
22operate, repair and maintain dams, dikes and other structures in district drains that
23the board operates in the Duck Creek Drainage District in compliance with ch. 88
24and any rules promulgated by the department of agriculture, trade and consumer
1protection under ch. 88. If a county drainage board fails to perform its duties under
2this subsection, the department of
natural resources
fish, wildlife, parks, and
3forestry may exercise its authority under subs. (6), (8) and (9).
SB55-ASA1-AA1,364,165
31.06
(1) Upon receipt of an application for a permit under s. 31.05 the
6department
of environmental management may order a hearing or it may mail a
7notice that it will proceed on the application without public hearing unless a request
8for a public hearing is filed as provided in this section. The notice shall be mailed
9to the clerk of each municipality directly affected by the proposed dam
and to the
10department of fish, wildlife, parks, and forestry. The department
of environmental
11management may give further or other notice as it considers proper. The department
12of environmental management shall mail a copy of the notice to the applicant who
13shall cause the notice to be published in each county in which affected riparian lands
14are located as a class 1 notice, under ch. 985. If a hearing is not requested in writing
15within 30 days after mailing of the notice, the department
of environmental
16management may waive the hearing.
SB55-ASA1-AA1,364,2518
31.06
(3) (b) If it appears
, after consulting with the department of fish, wildlife,
19parks, and forestry, that the construction, operation or maintenance of the proposed
20dam is in the public interest, considering ecological, aesthetic, economic and
21recreational values, the department
of environmental management shall so find and
22grant a permit to the applicant, provided the department
of environmental
23management also finds that the applicant has complied with s. 31.14 (2) or (3) and,
24where applicable, with s. 31.05 (3), based on the
department's own estimate
of the
25department of environmental management of the area of the flowage.
SB55-ASA1-AA1,365,82
31.187
(2) Whenever the department
of environmental management 3determines
, after consultation with the department of fish, wildlife, parks, and
4forestry, that the conservation of any species or variety of wild animals will be
5promoted thereby, the department may maintain and repair any dam located wholly
6upon lands the title to which is in the state either as proprietor or in trust for the
7people after giving due consideration to fixing the level and regulating the flow of the
8public waters.
SB55-ASA1-AA1, s. 1344h
11Section 1344h. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and
12amended to read:
SB55-ASA1-AA1,365,1713
31.309
(1) When the department determines that the renovation and repair
14described under
par. (a) s. 31.309 (1) (a), 1999 stats., are complete, the city of Portage
15shall assume the maintenance of the city of Portage levee in the Portage levee system
16in a manner that will best protect the surrounding area from the overflow of the
17Wisconsin River.
SB55-ASA1-AA1,366,5
2131.34 Flow of water regulated. Each person, firm or corporation
22maintaining a dam on any navigable stream shall pass at all times at least 25% of
23the natural low flow of water of such stream, except as otherwise provided by law.
24This section, however, shall not apply to a plant or dam where the water is discharged
25directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply
1to cases
where in the opinion of in which the department
of environmental
2management determines, after consultation with the department of fish, wildlife,
3parks, and forestry, that such minimum discharge is not necessary for the protection
4of fish life. Any person, firm or corporation violating this section shall be fined not
5less than $50 nor more than $1,000.".
SB55-ASA1-AA1,366,118
31.309
(1) (ag) The department shall provide a grant of $350,000 in fiscal year
92001-2002 and a grant of $350,000 in fiscal year 2002-2003 from the appropriation
10under s. 20.370 (5) (cq) to the city of Portage for the renovation and repair of the
11Portage canal.".
SB55-ASA1-AA1,367,214
31.18
(1) The grantee of any permit, the owner of any dam constructed before
15permits were required by law, and the owner of any bridge at the city of Portage or
16at any point above that city, over the Wisconsin River, shall maintain and operate all
17such dams, slides, chutes, piers, booms, guide booms, weirs, tunnels, races, flumes,
18sluices, pits, fishways, locks, boat hoists, marine railways and all other equipment
19required by the department for the protection of public rights in such waters, and for
20the preservation of life, health and property, in good repair and condition, and shall
21not wilfully, or otherwise, injure, remove or destroy the same, or any part thereof,
22unless the department shall have approved such removal or destruction in writing.
23In the event of emergency the department shall have power, pending investigation
24and hearing, to order the repair of any dam without notice and hearing.
Except as
1provided in s. 31.19 (6) (b), any inspection conducted as part of an investigation under
2this subsection shall be conducted by a professional engineering firm.
SB55-ASA1-AA1,367,114
31.18
(3) Except when emergency shall require the same for the protection of
5life, health or property, no substantial alteration or addition shall be made to any
6dam heretofore or hereafter constructed without obtaining an order therefor from
7the department, which order may be issued only after an investigation and upon a
8finding that the proposed alterations or additions will not impair the sufficiency of
9such dam or any existing public rights in such waters.
Except as provided in s. 31.19
10(6) (b), any inspection conducted as part of an investigation under this subsection
11shall be conducted by a professional engineering firm.
