Wisconsin Legislature: 118,89

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118,85 Section 85. 30.19 (1) (b) of the statutes is repealed.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

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.

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.

(b) In promulgating the rule under this subsection, the determination under this subsection of what constitutes a bank may not include any land where the slope or drainage of the land into the navigable waterway is completely interrupted.

(c) To the extent practicable, the rule under this subsection shall be consistent with rules promulgated by the department that relate to shorelands, as defined in s. 59.692 (1) (b), and floodplains, and rules promulgated under s. 281.16 (2) that relate to protective areas for wetlands and waterways.

(d) In promulgating the rule under this subsection, the department shall consider public rights and interests for the purpose of furthering the public trust in navigable waters.

118,90 Section 90. 30.19 (1m) (intro.) of the statutes is amended to read:

30.19 (1m) Exception Exemptions. (intro.) Subsection (1) does not apply to A person is exempt from the permit requirements under this section for any of the following:

118,91 Section 91. 30.19 (1m) (a) of the statutes is amended to read:

30.19 (1m) (a) The construction and or repair of any public highways highway.

118,92 Section 92. 30.19 (1m) (b) of the statutes is amended to read:

30.19 (1m) (b) Any agricultural uses use of land.

118,93 Section 93. 30.19 (1m) (c) of the statutes is amended to read:

30.19 (1m) (c) Any An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

118,94 Section 94. 30.19 (1m) (cm) of the statutes is created to read:

30.19 (1m) (cm) Any activity that affects a portion of Lake Michigan or of Lake Superior that is located within a county having a population of 750,000 or more.

118,95 Section 95. 30.19 (1m) (d) of the statutes is amended to read:

30.19 (1m) (d) Those portions Any activity that affects a portion of a navigable streams, Lake Michigan or Lake Superior stream that is located within any a county having a population of 750,000 or more.

118,96 Section 96. 30.19 (1m) (e) of the statutes is amended to read:

30.19 (1m) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized an artificial water body done pursuant to a permit or legislative authorization under sub. (1) (a) or (b) (1g) (a) or (am).

118,97 Section 97. 30.19 (2) of the statutes is repealed.

118,98 Section 98. 30.19 (3) of the statutes is repealed.

118,99 Section 99. 30.19 (3r) of the statutes is created to read:

30.19 (3r) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize persons to do all of the following:

1. Engage in an activity specified in sub. (1g) (am) substantially in accordance with best management practices required for storm water discharge permits under ch. 283.

2. Engage in an activity specified in sub. (1g) (c).

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

118,100 Section 100. 30.19 (4) (title) of the statutes is amended to read:

30.19 (4) (title) Issuance of permit Individual permits.

118,101 Section 101. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and amended to read:

30.19 (4) (c) (intro.) If the The department finds that the project will not injure public rights or interest, including fish and game habitat, that the project shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following apply:

2. The activity will not cause environmental pollution, as defined in s. 299.01 (4), that any.

3. Any enlargement connected to a navigable waterways conforms to the requirement of waterway complies with all of the laws for the relating to platting of land and for sanitation and that no.

4. No material injury will result to the riparian rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways of real property that abuts any water body that is affected by the activity.

118,102 Section 102. 30.19 (4) (a) of the statutes is created to read:

30.19 (4) (a) For activities that are not exempt under sub. (1m) and that are not subject to a general permit under sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under sub. (1g).

118,103 Section 103. 30.19 (4) (b) of the statutes is created to read:

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

118,104 Section 104. 30.19 (4) (c) 1. of the statutes is created to read:

30.19 (4) (c) 1. The activity will not be detrimental to the public interest.

118,105 Section 105. 30.19 (5) of the statutes is amended to read:

30.19 (5) Conditions of permit Requirement for public access. The A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall provide that all require that the navigable portion of the artificial waterways constructed under this section which are connected to navigable waterways shall be water body be a public waterways waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.

118,106 Section 106. 30.195 (1) of the statutes is amended to read:

30.195 (1) Permit required. No Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.

118,107 Section 107. 30.195 (2) of the statutes is repealed and recreated to read:

30.195 (2) Individual permits. (a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1).

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

118,108 Section 108. 30.195 (3) (title) of the statutes is repealed.

118,109 Section 109. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and amended to read:

30.195 (2) (c) Upon application therefor, the The department shall grant a issue an individual permit to the applied for under this section to a riparian owner if the department determines that all of the following apply:

1. The applicant is the owner of any land to change the course of or straighten a upon which the change in course or straightening of the navigable stream on such land, if such will occur.

2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the owner's applicant's land and will.

3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or the public interest.

4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparians riparian owners located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing or all of these riparian owners have consented to the issuance of the permit.

118,110 Section 110. 30.196 (intro.) of the statutes is amended to read:

30.196 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) 30.208 (3) to (5) if it finds that granting the permit:

118,111 Section 111. 30.20 (1) (title) of the statutes is repealed and recreated to read:

30.20 (1) (title) Permits or contracts required.

118,112 Section 112. 30.20 (1) (a) of the statutes is amended to read:

30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2) (a) or (b) or authorization has been granted by the legislature, no person may remove any material from the bed of any a natural navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).