2003 Wisconsin Act 118

30.2022 (6) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

118,54 Section 54. 30.12 (4m) (title) of the statutes is repealed.

118,55 Section 55. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended to read:

30.12 (1m) (c) (intro.) Subsection (1) does not apply to a A 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 is exempt from the permit requirements under this section if either of the following applies:

118,56 Section 56. 30.121 (3w) of the statutes is created to read:

30.121 (3w) Exception; commercial boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair, or maintain a boathouse if all of the following apply:

(a) The boathouse is used exclusively for commercial purposes.

(b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).

(c) The boathouse is located within a harbor that is being operated as a commercial enterprise or is located on a river that is a tributary of Lake Michigan or Lake Superior.

(d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.

118,57 Section 57. 30.123 (title) of the statutes is repealed and recreated to read:

30.123 (title) Bridges and culverts.

118,58 Section 58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to read:

30.1235 Municipal bridge construction. Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or s. 30.10 or s. 30.12 or 30.123 for such that construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

118,59 Section 59. 30.123 (2) of the statutes is amended to read:

30.123 (2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.

118,60 Section 60. 30.123 (3) of the statutes is repealed.

118,61 Section 61. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and amended to read:

30.123 (8) (c) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the issue an individual permit if the proposed pursuant to an application under par. (a) if the department finds that the bridge or culvert will not materially obstruct navigation, will not materially reduce the effective flood flow capacity of a stream or be, and will not be detrimental to the public interest.

118,62 Section 62. 30.123 (6) of the statutes is created to read:

30.123 (6) Exemptions. Subsection (2) does not apply to any of the following:

(a) The construction and maintenance of highway bridges to which s. 30.1235 applies.

(b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.

(d) The construction or placement and the maintenance of a culvert to replace a culvert that is authorized under a permit issued under s. 30.12 or 30.123, if the construction, placement, and maintenance will comply with the same conditions of the permit.

(e) The construction or placement and the maintenance of a culvert to replace a culvert that has an inside diameter that does not exceed 24 inches.

118,63 Section 63. 30.123 (6m) of the statutes is created to read:

30.123 (6m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (e) apply for an individual permit 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).

(c) Material injury to the riparian rights of any riparian owner.

118,64 Section 64. 30.123 (6r) of the statutes is created to read:

30.123 (6r) 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. (6) (d) or (e). 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 which general or individual permit will be required for the activity, 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 or seek authorization under a general permit 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.

118,65 Section 65. 30.123 (6s) of the statutes is created to read:

30.123 (6s) Rules. (a) The department may promulgate rules concerning the exempt activities under sub. (6) that only do any of the following:

1. Establish reasonable installation practices for culverts to minimize environmental impacts.

2. Establish reasonable construction and design requirements for culverts that are consistent with the purpose of the activity.

3. Establish reasonable limitations on the location of culverts at the site affected by the activity.

(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish practices or requirements that prohibit the construction of culverts or that render the placement of culverts economically cost-prohibitive.

118,66 Section 66. 30.123 (7) of the statutes is created to read:

30.123 (7) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:

1. Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.

2. Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (d) or (e) and that is in a navigable water that is less than 35 feet wide.

3. Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.

(b) The department may promulgate rules that specify bridges or culverts, in addition to those listed in par. (a), that may be authorized by statewide general permits.

118,67 Section 67. 30.123 (8) of the statutes is created to read:

30.123 (8) Individual permits. (a) For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6) and that is not subject to a general permit under sub. (7), a person may apply to the department for the individual permit that is required under sub. (2) in order to construct or maintain a bridge or culvert.

(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

118,68 Section 68. 30.13 (1m) (intro.) of the statutes is amended to read:

30.13 (1m) Swimming rafts allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:

118,69 Section 69. 30.13 (1m) (b) of the statutes is amended to read:

30.13 (1m) (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

118,70 Section 70. 30.13 (4) (a) of the statutes is amended to read:

30.13 (4) (a) Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

118,71 Section 71. 30.13 (4) (b) of the statutes is amended to read:

30.13 (4) (b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors owners constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

118,72 Section 72. 30.135 (1) (title) of the statutes is repealed.

118,73 Section 73. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (1) (intro.) and amended to read:

30.135 (1) (intro.) A riparian proprietor may place owner placing a water ski platform or water ski jump in a navigable waterway without obtaining a is exempt from the permit requirements under this chapter if all of the following requirements are met:

118,74 Section 74. 30.135 (1) (a) 1. of the statutes is renumbered 30.135 (1) (a).

118,75 Section 75. 30.135 (1) (a) 2. of the statutes is renumbered 30.135 (1) (b) and amended to read:

30.135 (1) (b) The platform or jump does not interfere with rights of other riparian proprietors owners.

118,76 Section 76. 30.135 (1) (a) 3. of the statutes is renumbered 30.135 (1) (c).

118,77 Section 77. 30.135 (1) (b) of the statutes is renumbered 30.135 (2) and amended to read:

30.135 (2) If the department determines that any of the requirements under par. (a) sub. (1) are not met, the riparian owner shall submit a permit an application for an individual permit to the department. The notice and hearing provisions under s. 30.208 (3) to (5) apply to the application.

118,78 Section 78. 30.135 (2), (3) and (4) of the statutes are repealed.

118,79 Section 79. 30.18 (2) (a) (intro.) of the statutes is amended to read:

30.18 (2) (a) Streams. (intro.) No person may divert water from a stream in this state without a an individual permit under this section if the diversion meets either of the following conditions:

118,80 Section 80. 30.18 (2) (b) of the statutes is amended to read:

30.18 (2) (b) Streams or lakes. No person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without a an individual permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.

118,81 Section 81. 30.18 (4) (a) of the statutes is amended to read:

30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4) 30.208 (3) to (5). In addition to the notice requirements providing notice as required under s. 30.02 (3) and (4) 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

118,82 Section 82. 30.18 (6) (b) of the statutes is amended to read:

30.18 (6) (b) Use of water. A person issued a permit under this section for the purpose of irrigation or agriculture may use the water on any land contiguous to the permittee's riparian land, but may not withdraw more water than it did before August 1, 1957, without applying to the department for a modification of the permit.

118,83 Section 83. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.) and amended to read:

30.19 (1g) Permits required. (intro.) Unless a an individual or a general permit has been granted by the department issued under this section or authorization has been granted by the legislature, it is unlawful no person may do any of the following:

118,84 Section 84. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

30.19 (1g) (a) To construct Construct, dredge, or enlarge any artificial waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other navigable waters, or where water body that connects with a navigable waterway.

(am) Construct, dredge, or enlarge any part of the an artificial waterway water body that is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters waterway, including a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

118,85 Section 85. 30.19 (1) (b) of the statutes is repealed.

118,86 Section 86. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and amended to read:

30.19 (1g) (c) To grade or otherwise Grade or remove top soil topsoil from the bank of any navigable stream, lake or other body of navigable water waterway where the area exposed by such the grading or removal will exceed 10,000 square feet.

118,87 Section 87. 30.19 (1b) of the statutes is created to read:

30.19 (1b) Definition. In this section: