AB655-ASA1, s. 120
6Section
120. 30.20 (1g) (title) and (b) of the statutes are created to read:
AB655-ASA1,33,77
30.20
(1g) (title)
Exemptions.
AB655-ASA1,33,118
(b) A removal of material is exempt from the permit and contract requirements
9under this section if the material does not contain hazardous substances, the
10material is not being removed from an area of special natural resource interest, and
11if any of the following applies:
AB655-ASA1,33,1312
1. The removal is the amount necessary to place or maintain a structure that
13is exempt from any permitting requirements in this chapter.
AB655-ASA1,33,1514
2. The removal is by hand or by hand-held devices without the use or aid of
15external or auxiliary power.
AB655-ASA1,33,2217
30.20
(1m) Permits or contracts in lieu of exemptions. The department may
18decide to require that a person engaged in an activity that is exempt under sub. (1g)
19apply for an individual permit or contract, or seek authorization under a general
20permit if the department has conducted an investigation and visited the site of the
21activity and has determined that conditions specific to the site require restrictions
22on the activity in order to prevent any of the following:
AB655-ASA1,33,2323
(a) Significant adverse impacts to the public rights and interests.
AB655-ASA1,33,2424
(b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA1,33,2525
(c) Material injury to the riparian rights of any riparian owner.
AB655-ASA1,34,62
30.20
(1r) Exemption determinations. (a) A person may submit to the
3department a written statement requesting that the department determine whether
4a proposed activity is exempt under sub. (1g). The statement shall contain a
5description of the proposed activity and site and shall give the department consent
6to enter and inspect the site.
AB655-ASA1,34,87
(b) The department shall do all of the following within 15 days after receipt of
8a statement under par. (a).
AB655-ASA1,34,109
1. Enter and inspect the site on which the activity is located, subject to s. 30.291,
10if the department determines such an inspection is necessary.
AB655-ASA1,34,1111
2. Make a determination as to whether the activity is exempt.
AB655-ASA1,34,1412
3. Notify in writing the person submitting the statement of which general
13permit or individual permit will be required, or whether a contract will be required,
14if the department determines that the activity is not exempt.
AB655-ASA1,34,1815
(c) If the department does not take action under par. (b), the department may
16not require at any time that the person proposing to engage in the activity apply for
17an individual permit, seek authorization under a general permit, or apply to enter
18a contract.
AB655-ASA1,34,2019
(d) If a statement under par. (a) is not given or if the statement does not give
20consent to inspect, the 15-day time limit under par. (b) does not apply.
AB655-ASA1,34,2522
30.20
(1t) General permits. (a) The department shall issue statewide general
23permits under s. 30.206 that authorize any person to remove material for
24maintenance purposes from an area from which material has been previously
25removed.
AB655-ASA1,35,3
1(b) The department may promulgate rules that specify other types of removals,
2in addition to the one listed in par. (a), that may be authorized by statewide general
3permits.
AB655-ASA1,35,55
30.20
(2) (title)
Contracts for removal and individual permits.
AB655-ASA1, s. 125
6Section
125. 30.20 (2) (a) and (b) of the statutes are amended to read:
AB655-ASA1,35,237
30.20
(2) (a) The department
, whenever consistent with public rights, may
8enter into
contracts a contract on behalf of the state for the removal
and lease or sale 9of any material from the bed of any navigable lake or
of any
of the outlying waters
,
10and for the lease or sale of the material. Every if the contract is consistent with public
11rights. A person seeking to enter into such a contract shall apply to the department.
12Each contract
entered into under this paragraph shall contain
such any conditions
13as may be that the department determines are necessary for the protection of the
14public interest and the interests of the state
and. Each contract entered into under
15this paragraph shall
also fix the
amount of compensation to be paid to the state for
16the material
so to be removed, except that
no the contract may not require that any 17compensation
may be paid for
the material
if the contract is with a municipality as
18defined in s. 281.01 (6) and the material is to be used for a municipal purpose and
19not for resale. No if the material will not be resold. Each contract entered into under
20this paragraph may
not run for
a longer period more than 5 years.
The department
21may allow one extension of a contract entered into under this paragraph, upon
22application to the department. The extension shall be for the same period as the
23original contract.
AB655-ASA1,36,1724
(b) The department
, whenever consistent with public rights, may enter into
25contracts a contract on behalf of the state for the removal
and lease or sale of any
1mineral, ore
and, or other material from beneath the bed of
a navigable
lakes and
2waters, where the waters would water that the state may own if the contract will be
3consistent with public rights and if the navigable water will not be disturbed in the
4removal operation
and for the lease and sale of such mineral, material and ore and
5provide the necessary regulations for all acts incident thereto. Every such. A person
6seeking to enter into such a contract shall apply to the department. Each contract
7entered into under this paragraph shall contain
such any conditions
as may be
that
8the department determines are necessary for the protection of the public interest and
9the
interests interest of the state
, and. Each contract entered into under this
10paragraph shall
also fix the compensation to be paid to the state for the
material,
11mineral and ore so mineral, ore, or other material to be removed.
No Each contract
12entered into
, pursuant to under this paragraph
, shall may not run for
a longer period 13more than 75 years. Should any doubt exist as to whether the state, in fact, owns
14such lake bed or stream bed such contract or lease shall be for such interests, if any,
15as the state may own. Title to the royalties to be paid when mining operations are
16begun shall be determined at such future time as royalties for ores so sold are paid
17or are due and payable.
AB655-ASA1,36,2219
30.20
(2) (bn) For a removal that is not exempt under sub. (1g) and that is not
20subject to a general permit under sub. (1t), a person may apply to the department for
21an individual permit that is required under sub. (1) (b) in order to remove material
22from the bed of any lake or stream not described under sub. (1) (a).
AB655-ASA1,37,524
30.20
(2) (c)
A permit to remove material from the bed of any lake or stream
25not included in sub. (1) (a) may be issued by the department if it
The department
1shall issue an individual permit pursuant to an application under par. (bn) if the
2department finds that the issuance of
such a
the permit will be consistent with the
3public interest in the
water involved. A permit or contract issued under this
4paragraph may be issued for up to 10 years if the applicant notifies the department
5at least 30 days before removing any material lake or stream.
AB655-ASA1,37,117
30.20
(2) (d) If an applicant for a permit under par. (bn) submits the application
8at least 30 days before the proposed date of the removal, the department may issue
9the permit for a period of up to 10 years. The department may allow one extension
10of a permit issued under this paragraph, upon application to the department. The
11extension shall be for the same period of time as the original permit.
AB655-ASA1,37,1413
30.20
(2) (e) The notice and hearing provisions of s. 30.208 (3) to (5) apply to
14an application for a permit or contract under this subsection.
AB655-ASA1,37,21
1630.201 Financial assurance for nonmetallic mining. (1) If the
17department requires that financial assurance be provided as a condition for a permit
18under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining
19and reclamation, the financial assurance may be a bond or alternative financial
20assurance. An alternative financial assurance may include cash or any of the
21following:
AB655-ASA1,37,2222
(a) A certificate of deposit.
AB655-ASA1,37,2323
(b) An irrevocable letter of credit.
AB655-ASA1,37,2424
(c) An irrevocable trust.
AB655-ASA1,37,2525
(d) An escrow account.
AB655-ASA1,38,1
1(e) A government security.
AB655-ASA1,38,22
(f) Any other demonstration of financial responsibility.
AB655-ASA1,38,4
3(2) Any interest earned by the financial assurance shall be paid to the person
4operating the nonmetallic mining or reclamation project.
AB655-ASA1,38,6
630.2022 (title)
Activities of department of transportation.
AB655-ASA1,38,108
30.2026
(2) (d) The village of Belleville shall create any artificial barrier under
9this section in compliance with all state laws that relate to navigable bodies of water,
10except s. 30.12
(1) and (2).
AB655-ASA1,38,2112
30.2026
(3) (a) The village of Belleville shall maintain any artificial barrier
13created as authorized under sub. (1). If a landowner of more than 500 feet of Lake
14Belle View shoreline, a portion of which is located within 1,000 feet of any such
15artificial barrier, is dissatisfied with the manner in which the village of Belleville is
16maintaining the barrier, the owner may maintain the barrier in lieu of the village,
17upon approval of the department. The village or a landowner who maintains the
18barrier shall comply with all state laws that relate to navigable bodies of water,
19except s. 30.12
(1) and (2). The department may require the village of Belleville or
20the landowner to maintain the barrier in a structurally and functionally adequate
21condition.
AB655-ASA1,38,2323
30.206
(1) (title)
Procedure for issuing general permits.
AB655-ASA1, s. 135
24Section
135. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and
25amended to read:
AB655-ASA1,39,16
130.206
(1) (a)
For activities which require a permit or approval under ss. 30.12
2(3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a
3class of activities, according to rules promulgated by the department. Before issuing
4general permits, the department shall determine after an environmental analysis 5and notice and hearing under ss. 227.17 and 227.18, that
. The department shall
6issue the statewide general permits as rules promulgated under ch. 227 required
7under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general
8permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be
9promulgated with 540 days after the effective date of this paragraph .... [revisor
10inserts date]. The department shall submit in proposed form the rule containing the
11statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to
12the legislative council staff under section 227.15 (1) no later than the first day of the
136th month beginning after the effective date of this paragraph .....[revisor inserts
14date]. General permits issued under s. 30.206, 2001 stats., shall remain valid until
15the date upon which the rules issuing these statewide general permits are
16promulgated under this paragraph.
AB655-ASA1,39,22
17(c) To ensure that the cumulative adverse environmental impact of the
class
18of activity activities authorized by a general permit is insignificant and that
the 19issuance of the general permit will not injure public rights or
interest interests, cause
20environmental pollution, as defined in s. 299.01 (4), or result in material injury to the
21rights of any riparian owner
, the department may impose any of the following
22conditions on the permit:
AB655-ASA1, s. 136
23Section
136. 30.206 (1) (c) 1. to 3. of the statutes are created to read:
AB655-ASA1,39,2524
30.206
(1) (c) 1. Construction and design requirements that are consistent with
25the purpose of the activity authorized under the permit.
AB655-ASA1,40,3
12. Location requirements that ensure that the activity will not materially
2interfere with navigation or have an adverse impact on the riparian property rights
3of adjacent riparian owners.
AB655-ASA1,40,44
3. Restrictions to protect areas of special natural resource interest.
AB655-ASA1,40,87
30.206
(3) (title)
Procedures for conducting activities under general
8permits.
AB655-ASA1, s. 139
9Section
139. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and
10amended to read:
AB655-ASA1,40,2011
30.206
(3) (a) A person wishing to proceed with an activity
that may be 12authorized by a general permit shall apply to the department
, with written
13notification of the person's wish to proceed, not less than
20 business 30 days before
14commencing the activity authorized by a general permit. The
department may
15request additional information from the applicant notification shall provide
16information describing the activity in order to allow the department to determine
17whether the activity is
within the scope of a authorized by the general permit and
18shall
inform the applicant in writing of its determination within 10 business days
19after receipt of adequate information give the department consent to enter and
20inspect the site, subject to s. 30.291.
AB655-ASA1,40,2522
30.206
(3) (c) Upon completion of an activity that the department has
23authorized under a general permit, the applicant for the general permit shall provide
24to the department a statement certifying that the activity is in compliance with all
25of the conditions of the general permit and a photograph of the activity.
AB655-ASA1,41,63
30.206
(3r) Individual permit in lieu of general permit. (a) The department
4may decide to require that a person who has applied under sub. (3) for authorization
5to proceed under a general permit to apply for and be issued an individual permit or
6be granted a contract if either of the following applies:
AB655-ASA1,41,87
1. The department determines that the proposed activity is not authorized
8under the general permit.
AB655-ASA1,41,139
2. The department has conducted an investigation and visited the site and has
10determined that conditions specific to the site require restrictions on the activity in
11order to prevent significant adverse impacts to the public rights and interest,
12environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian
13rights of any riparian owner.
AB655-ASA1,41,1514
(b) A decision by the department to require an individual permit under this
15subsection shall be in writing.
AB655-ASA1, s. 143
16Section
143. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and
17amended to read:
AB655-ASA1,41,2518
30.206
(3) (b)
Upon receipt of the department's determination that the
19proposed activity is authorized by a general permit, If within 30 days after a
20notification under par. (a) is submitted to the department the department does not
21require any additional information about the activity that is subject to the
22notification and does not inform the applicant that an individual permit will be
23required, the activity will be considered to be authorized by the general permit and 24the applicant may proceed without further notice, hearing, permit or approval if the
25activity is carried out in compliance with all
of the conditions of the general permit.
AB655-ASA1,42,22
30.206
(5) (title)
Failure to follow procedural requirements.
AB655-ASA1,42,74
30.206
(6) Request for individual permit. A person proposing an activity for
5which a general permit has been issued may request an individual permit under the
6applicable provisions of this
chapter subchapter or ch. 31 in lieu of seeking
7authorization under the general permit.
AB655-ASA1,42,119
30.206
(7) This section does not apply to an application for a general permit for
10the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m)
11if the application for the general permit may be submitted under s. 30.207.
AB655-ASA1,42,2113
30.207
(1) Geographical area. For purposes of this section and s.
30.12 (3) (bt) 1430.2023, the Wolf River and Fox River basin area consists of all of Winnebago County;
15the portion and shoreline of Lake Poygan in Waushara County; the area south of
16STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in
17the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that
18portion of Outagamie County south and east of USH 41; that portion of Waupaca
19County that includes the town of Mukwa, city of New London, town of Caledonia,
20town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River
21in the town of Weyauwega.
AB655-ASA1,42,2523
30.207
(3) (d) 2. Specify the department's plans for proceeding on the
24application.
The plans shall include a timetable for the notice and hearing required
25under sub. (4).
AB655-ASA1,43,8
430.208 Applications for individual permits and contracts; department
5determinations. (1) Application required. A person who seeks to obtain or modify
6an individual permit under this subchapter or to enter into a contract under s. 30.20
7shall submit an application to the department. The application may contain a
8request for a public hearing on the application.
AB655-ASA1,43,16
9(3) Notice of complete application; request for public hearing; decision. (a)
10Upon determination by the department that an application submitted under sub. (1)
11is complete, the department shall provide notice of complete application to interested
12and potentially interested members of the public, as determined by the department.
13The department shall provide the notice within 15 days after the determination that
14the application is complete. If the applicant has requested a public hearing as part
15of the submitted application, a notice of public hearing shall be part of the notice of
16complete application.
AB655-ASA1,43,2017
(b) If the notice of complete application does not contain a notice of public
18hearing, any person may request a public hearing in writing or the department may
19decide to hold a public hearing without a request being submitted if the department
20determines that there is a significant public interest in holding a hearing.