2003 Wisconsin Act 118

(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:

(a) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

(b) "Bank" means either of the following:

1. Land area that is, in size, the greater of the following:

a. The portion of land surface that extends 75 feet landward from the ordinary high-water mark of any navigable waterway.

b. The portion of land surface extending landward from the ordinary high-water mark of any navigable waterway to the point where the slope is less than 12 percent.

2. A bank as determined by the department by rule under sub. (1d).

(c) "Priority navigable waterway" means any of the following:

1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under s. 281.15.

2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream.

3. A lake that is less than 50 acres in size.

4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule.

118,88 Section 88. 30.19 (1c) of the statutes is created to read:

30.19 (1c) Definition; applicability. The definition of "bank" under sub. (1b) does not apply after the 90th day after the day the rule under sub. (1d) is submitted to legislative council staff under s. 227.15 (1) or the day that the rule promulgated under sub. (1d) goes into effect, whichever is earlier.

118,89 Section 89. 30.19 (1d) of the statutes is created to read:

30.19 (1d) Rules; banks of navigable waterways. (a) The department shall promulgate a rule to determine what constitutes a bank for purposes of this section in accordance with all of the following:

1. For priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

a. The portion of land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 300 feet.

b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 10 percent.

1m. The rule promulgated under subd. 1. may apply to specific priority navigable waterways or to classes of priority navigable waterways.

2. For navigable waterways that are not priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

a. The portion of the land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 75 feet.

b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 12 percent.

2m. The rule promulgated under subd. 2. may apply to specific navigable waterways or to classes of navigable waterways.

(am) The rule under this subsection may not require or allow the department to deviate from, or create an exemption from, the requirements of the rules promulgated under this section in determining what constitutes a bank at an individual, specific site.