Amendment ASA1-AB655

RCT/RPN/MGG/RNK:all:all

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 655

January 8, 2004 - Offered by Select Committee on Job Creation.

AB655-ASA1,3,10 An Act to repeal 30.01 (6b), 30.02, 30.12 (2), 30.12 (3) (a) 3., 30.12 (3) (b), 30.12 (3) (bn), 30.12 (3) (d), 30.12 (4) (title), 30.12 (4m) (title), 30.12 (5), 30.123 (3), 30.123 (5), 30.135 (1) (title), 30.135 (2), (3) and (4), 30.18 (9), 30.19 (1) (b), 30.19 (2), 30.19 (3), 30.195 (3) (title), 30.195 (4), 30.195 (7), 30.206 (2), 30.206 (3m), 30.207 (4) (b), 30.207 (5), 30.28 (3) (b), 285.60 (2m) and 299.05 (2) (d); to renumber 30.12 (3) (bt) 1. to 9., 30.12 (4) (d), 30.135 (1) (a) 1., 30.135 (1) (a) 3., 30.20 (1) (c) 3., 30.28 (3) (a), 285.17 (2), 285.60 (6), 285.62 (8) and 285.66 (2); to renumber and amend 30.015, 30.07, 30.12 (3) (a) 2., 30.12 (3) (a) 2m., 30.12 (3) (a) 7., 30.12 (3) (a) 8., 30.12 (3) (bt) (intro.), 30.12 (4) (a), 30.12 (4) (b), 30.12 (4) (c), 30.12 (4) (e), 30.12 (4) (f), 30.12 (4m), 30.123 (1), 30.123 (4), 30.135 (1) (a) (intro.), 30.135 (1) (a) 2., 30.135 (1) (b), 30.19 (1) (intro.), 30.19 (1) (a), 30.19 (1) (c), 30.19 (4), 30.195 (3), 30.20 (1) (d), 30.206 (1), 30.206 (3), 30.206 (4), 285.21 (1) (b), 285.27 (2) (b), 285.61 (2) and 285.62 (2); to consolidate, renumber and amend 30.20 (1) (c) 1. and 2.; to amend 29.601 (5) (a), 30.01 (1p), 30.025 (1b) (b), 30.025 (1e) (a), 30.025 (1m) (a), 30.025 (2g) (a), 30.025 (3) (intro.), 30.025 (4), 30.10 (4) (a), 30.11 (4), 30.12 (title), 30.12 (1) (intro.), 30.12 (1) (a), 30.12 (1) (b), 30.12 (3) (a) 6., 30.12 (3) (c), 30.123 (2), 30.13 (1m) (intro.), 30.13 (1m) (b), 30.13 (4) (a), 30.13 (4) (b), 30.18 (2) (a) (intro.), 30.18 (2) (b), 30.18 (4) (a), 30.18 (6) (b), 30.19 (1m) (intro.), 30.19 (1m) (a), 30.19 (1m) (b), 30.19 (1m) (c), 30.19 (1m) (d), 30.19 (1m) (e), 30.19 (4) (title), 30.19 (5), 30.195 (1), 30.196 (intro.), 30.20 (1) (a), 30.20 (1) (b), 30.20 (2) (title), 30.20 (2) (a) and (b), 30.20 (2) (c), 30.2026 (2) (d), 30.2026 (3) (a), 30.206 (6), 30.206 (7), 30.207 (1), 30.207 (3) (d) 2., 30.29 (3) (d), 30.298 (3), 84.18 (6), 227.14 (2) (a), 227.19 (3) (intro.), 227.19 (3) (a), 227.19 (3) (b), 227.46 (1) (intro.), 227.53 (1) (a) 3., 236.16 (3) (d) (intro.), 285.11 (9), 285.21 (4), 285.23 (1), 285.23 (2), 285.27 (1) (a), 285.27 (2) (a), 285.27 (4), 285.60 (1) (a) 1., 285.61 (3) (intro.), 285.61 (3) (a), 285.61 (7) (a), 285.62 (1), 285.62 (5) (a), 285.62 (6) (c) 1., 285.62 (7) (b), 285.63 (1) (d), 285.66 (3) (a), 285.81 (1) (intro.) and 299.05 (2) (a); to repeal and recreate 30.12 (3) (title), 30.12 (3) (a) (intro.), 30.123 (title), 30.195 (2), 30.20 (1) (title), 285.60 (3) and 285.62 (9) (b); and to create 30.01 (1am), 30.01 (2m), 30.025 (5), 30.12 (1g) (intro.), (a), (b), (e), (f), (i), (j), (k), (km) and (L), 30.12 (2m), 30.12 (2r), 30.12 (3) (a) 3c., 30.12 (3) (a) 3g., 30.12 (3) (a) 3r., 30.12 (3) (a) 13., 30.12 (3) (br), 30.12 (3m), 30.121 (3w), 30.123 (6), 30.123 (6m), 30.123 (6r), 30.123 (7), 30.123 (8), 30.19 (1b), 30.19 (1c), 30.19 (1d), 30.19 (1m) (cm), 30.19 (3r), 30.19 (4) (a), 30.19 (4) (b), 30.19 (4) (c) 1., 30.20 (1g) (title) and (b), 30.20 (1m), 30.20 (1r), 30.20 (1t), 30.20 (2) (bn), 30.20 (2) (d), 30.20 (2) (e), 30.201, 30.2022 (title), 30.206 (1) (title), 30.206 (1) (c) 1. to 3., 30.206 (3) (title), 30.206 (3) (c), 30.206 (3r), 30.206 (5) (title), 30.208, 30.209, 30.285, 30.291, 227.135 (1) (f), 227.137, 227.138, 227.14 (2) (a) 3., 227.14 (2) (a) 4., 227.14 (2) (a) 5., 227.14 (2) (a) 6., 227.14 (4) (b) 3., 227.19 (3) (cm), 227.43 (1g), 227.44 (2) (d), 227.483, 285.14, 285.17 (2) (b), 285.21 (1) (b) 1. to 4., 285.23 (6), 285.27 (2) (b) 1. to 4., 285.27 (2) (d), 285.60 (2g), 285.60 (5m), 285.60 (6) (b), 285.60 (8), 285.60 (9), 285.60 (10), 285.61 (2) (b), 285.61 (10), 285.61 (11), 285.62 (2) (b), 285.62 (8) (b), 285.62 (12), 285.66 (2) (b) and 285.81 (1m) of the statutes; relating to: air pollution control; administrative rules and hearings; structures, deposits, and other activities in or near navigable waters; notice, hearing, and review procedures related to permits to place structures and materials and to conduct activities in or near navigable waters; and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB655-ASA1, s. 1 Section 1. 29.601 (5) (a) of the statutes is amended to read:

AB655-ASA1,3,15 29.601 (5) (a) This section does not apply to any activities carried out under the direction and supervision of the department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges in accordance with s. 30.12 (4) 30.2022.

AB655-ASA1, s. 2 Section 2. 30.01 (1am) of the statutes is created to read:

AB655-ASA1,3,18 30.01 (1am) "Area of special natural resource interest" means any of the following:

AB655-ASA1,3,19 (a) A state natural area designated or dedicated under ss. 23.27 to 23.29.

AB655-ASA1,3,20 (b) A surface water identified as a trout stream by the department.

AB655-ASA1,3,22 (bm) A surface water identified as an outstanding or exceptional resource water under s. 281.15.

AB655-ASA1,4,2 (c) An area that possesses significant scientific value, as identified by the department.

AB655-ASA1, s. 3 Section 3. 30.01 (1p) of the statutes is amended to read:

AB655-ASA1,4,11 30.01 (1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under s. 30.121 nor a wharf or pier regulated under s. ss. 30.12 and 30.13.

AB655-ASA1, s. 4 Section 4. 30.01 (2m) of the statutes is created to read:

AB655-ASA1,4,14 30.01 (2m) "Great Lakes water body" means Lake Superior or Lake Michigan and includes any bay or harbor that is part of Lake Superior or Lake Michigan.

AB655-ASA1, s. 5 Section 5. 30.01 (6b) of the statutes is repealed.

AB655-ASA1, s. 6 Section 6. 30.015 of the statutes is renumbered 30.208 (2) and amended to read:

AB655-ASA1,5,10 30.208 (2) Time limits for issuing permit determinations Procedure for completing applications. In issuing individual permits or entering contracts under this chapter subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than 60 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete.

AB655-ASA1, s. 7 Section 7. 30.02 of the statutes, as affected by 2003 Wisconsin Act 89, is repealed.

AB655-ASA1, s. 8 Section 8. 30.025 (1b) (b) of the statutes, as created by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,5,19 30.025 (1b) (b) "Permit" means a an individual permit or a general permit, an approval required under this chapter or ch. 31, a storm water discharge permit required under s. 283.33 (1) (a), or a water quality certification required under s. 281.36 or under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341 (a).

AB655-ASA1, s. 9 Section 9. 30.025 (1e) (a) of the statutes, as created by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,5,24 30.025 (1e) (a) Except as provided in par. (b), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.

AB655-ASA1, s. 10 Section 10. 30.025 (1m) (a) of the statutes, as created by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,6,4 30.025 (1m) (a) The permits that the person may be required to obtain and the permits under which the person must give notification of the wish to proceed.

AB655-ASA1, s. 11 Section 11. 30.025 (2g) (a) of the statutes, as created by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,6,11 30.025 (2g) (a) The department shall review every proposed utility facility subject to this section, including each location, site, or route proposed for the utility facility, to assess whether each proposed location, site, or route can meet the criteria for proceeding under the authority of or obtaining the required permits, and shall provide that information to the commission.

AB655-ASA1, s. 12 Section 12. 30.025 (3) (intro.) of the statutes, as affected by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,6,16 30.025 (3) (intro.) The department shall grant issue, or authorize proceeding under, the necessary permits if it finds that the applicant has shown that the proposal:

AB655-ASA1, s. 13 Section 13. 30.025 (4) of the statutes, as affected by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,6,24 30.025 (4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the application for a permit for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3).

AB655-ASA1, s. 14 Section 14. 30.025 (5) of the statutes is created to read:

AB655-ASA1,7,2 30.025 (5) Exemption from certain procedures. Sections 30.208 and 30.209 do not apply to an application for any permit under this section.

AB655-ASA1, s. 15 Section 15. 30.07 of the statutes is renumbered 30.2095, and 30.2095 (1) (a), as renumbered, is amended to read:

AB655-ASA1,7,8 30.2095 (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB655-ASA1, s. 16 Section 16. 30.10 (4) (a) of the statutes is amended to read:

AB655-ASA1,7,12 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.123 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB655-ASA1, s. 17 Section 17. 30.11 (4) of the statutes is amended to read:

AB655-ASA1,7,16 30.11 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors owners. Riparian proprietors owners may place solid structures or fill up to such line.

AB655-ASA1, s. 18 Section 18. 30.12 (title) of the statutes is amended to read:

AB655-ASA1,7,19 30.12 (title) Structures and deposits in navigable waters prohibited; exceptions; penalty.

AB655-ASA1, s. 19 Section 19. 30.12 (1) (intro.) of the statutes is amended to read:

AB655-ASA1,8,2 30.12 (1) General prohibition Permits required. (intro.) Except as provided under subs. (4) and (4m), unless a Unless an individual or a general permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

AB655-ASA1, s. 20 Section 20. 30.12 (1) (a) of the statutes is amended to read:

AB655-ASA1,8,5 30.12 (1) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established ; or.

AB655-ASA1, s. 21 Section 21. 30.12 (1) (b) of the statutes is amended to read:

AB655-ASA1,8,8 30.12 (1) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

AB655-ASA1, s. 22 Section 22. 30.12 (1g) (intro.), (a), (b), (e), (f), (i), (j), (k), (km) and (L) of the statutes are created to read:

AB655-ASA1,8,15 30.12 (1g) Exemptions. (intro.) A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the riparian rights of other riparian owners, and is any of the following:

AB655-ASA1,8,18 (a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that is associated with any activity or project that is exempt from an individual permit or a general permit under this subchapter.

AB655-ASA1,8,20 (b) A structure, other than a pier or a wharf, that is placed on a seasonal basis in accordance with rules promulgated by the department.

AB655-ASA1,8,23 (e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property, in accordance with rules promulgated by the department.

AB655-ASA1,9,4 (f) A pier or wharf that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.

AB655-ASA1,9,6 (i) Riprap in an amount not to exceed 100 linear feet that is placed to replace existing riprap and that includes the replacement of filter fabric or base substrate.

AB655-ASA1,9,9 (j) Riprap in an amount not to exceed 300 linear feet that is placed to repair existing riprap, and that consists only of the placement of additional rock or the redistribution of existing rock within the footprint of the existing riprap.

AB655-ASA1,9,11 (k) A biological shore erosion control structure, as defined by rule by the department.

AB655-ASA1,9,14 (km) An intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.

AB655-ASA1,9,17 (L) A pier to replace a pier that has been in existence at least 10 years before the effective date of this paragraph .... [revisor inserts date], does not exceed 10 feet in width, and does not exceed 500 square feet in area.

AB655-ASA1, s. 23 Section 23. 30.12 (2) of the statutes is repealed.

AB655-ASA1, s. 24 Section 24. 30.12 (2m) of the statutes is created to read:

AB655-ASA1,9,25 30.12 (2m) Permits 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 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:

AB655-ASA1,10,1 (a) Significant adverse impacts to the public rights and interests.

AB655-ASA1,10,2 (b) Environmental pollution, as defined in s. 299.01 (4).

AB655-ASA1,10,3 (c) Material injury to the riparian rights of any riparian owner.

AB655-ASA1, s. 25 Section 25. 30.12 (2r) of the statutes is created to read:

AB655-ASA1,10,9 30.12 (2r) 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.

AB655-ASA1,10,11 (b) The department shall do all of the following within 15 days after receipt of a statement under par. (a).

AB655-ASA1,10,13 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.

AB655-ASA1,10,14 2. Make a determination as to whether the activity is exempt.

AB655-ASA1,10,17 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.

AB655-ASA1,10,20 (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.

AB655-ASA1,10,22 (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.

AB655-ASA1, s. 26 Section 26. 30.12 (3) (title) of the statutes is repealed and recreated to read:

AB655-ASA1,10,24 30.12 (3) (title) General permits.

AB655-ASA1, s. 27 Section 27. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB655-ASA1,11,4 30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

AB655-ASA1, s. 28 Section 28. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

AB655-ASA1,11,9 30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

AB655-ASA1, s. 29 Section 29. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read: