Wisconsin Legislature: 118,121

118,114 Section 114. 30.20 (1) (c) 1. and 2. of the statutes are consolidated, renumbered 30.20 (1g) (a) 1. and amended to read:

30.20 (1g) (a) 1. Except as provided under subd. 2., a person may remove A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching. 2. The department may require a permit under sub. (2) (c) for a removal under subd. 1. only if it is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.

118,115 Section 115. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.

118,116 Section 116. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and amended to read:

30.20 (1g) (c) The A removal of material by 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 is exempt from the individual and general permit requirements under this section 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.

118,117 Section 117. 30.20 (1g) (title) and (b) of the statutes are created to read:

30.20 (1g) (title) Exemptions.

(b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies:

1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter.

2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power.

118,118 Section 118. 30.20 (1k) of the statutes is created to read:

30.20 (1k) Rules. (a) The department may promulgate rules concerning the exempt activities under sub. (1g) that only do any of the following:

1. Establish reasonable procedures for undertaking the removal of material to minimize environmental impacts.

2. Establish reasonable limitations on the location of the removal of material at the site affected by the activity.

(b) Notwithstanding par. (a), the rules under par. (a) 1. may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.

118,119 Section 119. 30.20 (1m) of the statutes is created to read:

30.20 (1m) Permits or contracts in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (1g) apply for an individual permit or contract, or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

(a) Significant adverse impacts to the public rights and interests.

(b) Environmental pollution, as defined in s. 299.01 (4).

118,120 Section 120. 30.20 (1r) of the statutes is created to read:

30.20 (1r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

(b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):

1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.

2. Make a determination as to whether the activity is exempt.

3. Notify in writing the person submitting the statement of which general permit or individual permit will be required, or whether a contract will be required, if the department determines that the activity is not exempt.

(c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit, seek authorization under a general permit, or apply to enter a contract unless required to do so by a court or hearing examiner.

(d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.

118,121 Section 121. 30.20 (1t) of the statutes is created to read:

30.20 (1t) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.

(am) No person may be authorized to proceed under a general permit issued under par. (a) unless the person has demonstrated to the department that material has been previously removed from the area for which the person has requested authorization to proceed.

(b) The department may promulgate rules that specify other types of removals, in addition to the one listed in par. (a), that may be authorized by statewide general permits.

118,122 Section 122. 30.20 (2) (title) of the statutes is amended to read:

30.20 (2) (title) Contracts for removal and individual permits.

118,123 Section 123. 30.20 (2) (a) and (b) of the statutes are amended to read:

30.20 (2) (a) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any of the outlying waters, and for the lease or sale of the material. Every if the contract is consistent with public rights. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests of the state and. Each contract entered into under this paragraph shall also fix the amount of compensation to be paid to the state for the material so to be removed, except that no the contract may not require that any compensation may be paid for the material if the contract is with a municipality as defined in s. 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No if the material will not be resold. Each contract entered into under this paragraph may not run for a longer period more than 5 years. The department may allow one extension of a contract entered into under this paragraph, upon application to the department. The extension shall be for the same period as the original contract.

(b) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any mineral, ore and, or other material from beneath the bed of a navigable lakes and waters, where the waters would water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests interest of the state, and. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the material, mineral and ore so mineral, ore, or other material to be removed. No Each contract entered into, pursuant to under this paragraph, shall may not run for a longer period more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.

118,124 Section 124. 30.20 (2) (bn) of the statutes is created to read:

30.20 (2) (bn) For a removal that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (1t), a person may apply to the department for an individual permit that is required under sub. (1) (b) in order to remove material from the bed of any lake or stream not described under sub. (1) (a).

118,125 Section 125. 30.20 (2) (c) of the statutes is amended to read:

30.20 (2) (c) A permit to remove material from the bed of any lake or stream not included in sub. (1) (a) may be issued by the department if it The department shall issue an individual permit pursuant to an application under par. (bn) if the department finds that the issuance of such a the permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material lake or stream.

118,126 Section 126. 30.20 (2) (d) of the statutes is created to read:

30.20 (2) (d) If an applicant for a permit under par. (bn) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years. The department may allow one extension of a permit issued under this paragraph, upon application to the department. The extension shall be for the same period of time as the original permit.

118,127 Section 127. 30.20 (2) (e) of the statutes is created to read:

30.20 (2) (e) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application for a permit or contract under this subsection.

118,128 Section 128. 30.201 of the statutes is created to read:

30.201 Financial assurance for nonmetallic mining. (1) If the department requires that financial assurance be provided as a condition for a permit under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:

(a) A certificate of deposit.

(b) An irrevocable letter of credit.

(d) An escrow account.

(e) A government security.

(f) Any other demonstration of financial responsibility.

(2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.

118,129 Section 129. 30.2022 (title) of the statutes is created to read:

30.2022 (title) Activities of department of transportation.

118,130 Section 130. 30.2026 (2) (d) of the statutes is amended to read:

30.2026 (2) (d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2).

118,131 Section 131. 30.2026 (3) (a) of the statutes is amended to read:

30.2026 (3) (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2). The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.

118,132 Section 132. 30.206 (1) (title) of the statutes is created to read:

30.206 (1) (title) Procedure for issuing general permits.

118,133 Section 133. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and amended to read:

30.206 (1) (a) For activities which require a permit or approval under ss. 30.12 (3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before issuing general permits, the department shall determine after an environmental analysis and notice and hearing under ss. 227.17 and 227.18, that. The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after the effective date of this paragraph .... [revisor inserts date]. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under section 227.15 (1) no later than the first day of the 6th month beginning after the effective date of this paragraph .....[revisor inserts date]. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

(c) To ensure that the cumulative adverse environmental impact of the class of activity activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interest interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:

118,134 Section 134. 30.206 (1) (c) 1. to 3. of the statutes are created to read:

30.206 (1) (c) 1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.

2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.

3. Restrictions to protect areas of special natural resource interest.

118,135 Section 135. 30.206 (2) of the statutes is repealed.

118,136 Section 136. 30.206 (3) (title) of the statutes is created to read:

30.206 (3) (title) Procedures for conducting activities under general permits.

118,137 Section 137. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and amended to read:

30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 20 business 30 days before commencing the activity authorized by a general permit. The department may request additional information from the applicant notification shall provide information describing the activity in order to allow the department to determine whether the activity is within the scope of a authorized by the general permit and shall inform the applicant in writing of its determination within 10 business days after receipt of adequate information give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

118,138 Section 138. 30.206 (3) (c) of the statutes is created to read:

30.206 (3) (c) Upon completion of an activity that the department has authorized under a general permit, the applicant for the general permit shall provide to the department a statement certifying that the activity is in compliance with all of the conditions of the general permit and a photograph of the activity.

118,139 Section 139. 30.206 (3m) of the statutes is repealed.

118,140 Section 140. 30.206 (3r) of the statutes is created to read:

30.206 (3r) Individual permit in lieu of general permit. (a) The department may decide to require a person who has applied under sub. (3) for authorization to proceed under a general permit to apply for and be issued an individual permit or be granted a contract if either of the following applies:

1. The department determines that the proposed activity is not authorized under the general permit.

2. The department has conducted an investigation and visited the site and has determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian rights of any riparian owner.

(b) A decision by the department to require an individual permit under this subsection shall be in writing.

118,141 Section 141. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and amended to read:

30.206 (3) (b) Upon receipt of the department's determination that the proposed activity is authorized by a general permit, If within 30 days after a notification under par. (a) is submitted to the department the department does not require any additional information about the activity that is subject to the notification and does not inform the applicant that an individual permit will be required, the activity will be considered to be authorized by the general permit and the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all of the conditions of the general permit.

118,142 Section 142. 30.206 (5) (title) of the statutes is created to read:

30.206 (5) (title) Failure to follow procedural requirements.

118,143 Section 143. 30.206 (6) of the statutes is amended to read:

30.206 (6) Request for individual permit. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this chapter subchapter or ch. 31 in lieu of seeking authorization under the general permit.

118,144 Section 144. 30.206 (7) of the statutes is amended to read: