AB655-ASA1, s. 85
22Section
85. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and
23amended to read:
AB655-ASA1,24,224
30.19
(1g) (a)
To construct Construct, dredge
, or enlarge any artificial
25waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the
1purpose is ultimate connection with an existing navigable stream, lake or other
2navigable waters, or where water body that connects with a navigable waterway.
AB655-ASA1,24,5
3(am) Construct, dredge, or enlarge any part of
the an artificial
waterway water
4body that is located within 500 feet of the ordinary high-water mark of an existing
5navigable
stream, lake or other navigable waters
waterway.
AB655-ASA1, s. 87
7Section
87. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and
8amended to read:
AB655-ASA1,24,119
30.19
(1g) (c)
To grade or otherwise
Grade or remove
top soil topsoil from the
10bank of any navigable
stream, lake or other body of navigable water waterway where
11the area exposed by
such the grading or removal will exceed 10,000 square feet.
AB655-ASA1,24,1313
30.19
(1b) Definition. In this section:
AB655-ASA1,24,1514
(a) "Artificial water body" means a proposed or existing body of water that does
15not have a history of being a lake or stream or of being part of a lake or stream.
AB655-ASA1,24,1616
(b) "Bank" means either of the following:
AB655-ASA1,24,1717
1. Land area that is, in size, the greater of the following:
AB655-ASA1,24,1918
a. The portion of land surface that extends 75 feet landward from the ordinary
19high-water mark of any navigable waterway.
AB655-ASA1,24,2220
b. The portion of land surface extending landward from the ordinary
21high-water mark of any navigable waterway to the point where the slope is less than
2212 percent.
AB655-ASA1,24,2323
2. A bank as determined by the department by rule under sub. (1d).
AB655-ASA1,24,2424
(c) "Priority navigable waterway" means any of the following:
AB655-ASA1,25,2
11. A navigable waterway, or a portion of a navigable waterway, that is identified
2as an outstanding or exceptional resource water under s. 281.15.
AB655-ASA1,25,43
2. A navigable waterway, or a portion of a navigable waterway, identified as a
4trout stream.
AB655-ASA1,25,55
3. A lake that is less than 50 acres in size.
AB655-ASA1,25,86
4. Any other navigable waterway, or portion of a navigable waterway, that the
7department has determined, by rule, contains sensitive fish and aquatic habitat and
8that the department has individually identified by rule.
AB655-ASA1,25,1310
30.19
(1c) Definition; applicability. The definition of "bank" under sub. (1b)
11does not apply after the 90th day after the day the rule under sub. (1d) is submitted
12to legislative council staff under s. 227.15 (1) or the day that the rule promulgated
13under sub. (1d) goes into effect, whichever is earlier.
AB655-ASA1,25,1715
30.19
(1d) Rules; banks of navigable waterways. (a) The department shall
16promulgate a rule to determine what constitutes a bank for purposes of this section
17in accordance with all of the following:
AB655-ASA1,25,1918
1. For priority navigable waterways, the department shall promulgate a rule
19stating that a bank is, in size, the greater of the following:
AB655-ASA1,25,2220
a. The portion of land surface that extends a certain distance landward from
21the ordinary high-water mark of the navigable waterway, but the distance under the
22rule may not exceed 300 feet.
AB655-ASA1,26,223
b. The portion of land surface that extends landward from the ordinary
24high-water mark of the navigable waterway to the point where the slope is measured
1to be a certain percentage, but the percentage under the rule may not be less than
210 percent.
AB655-ASA1,26,43
1m. The rule promulgated under sub. 1. may apply to specific priority navigable
4waterways or to classes of priority navigable waterways.
AB655-ASA1,26,75
2. For navigable waterways that are not priority navigable waterways, the
6department shall promulgate a rule stating that a bank is, in size, the greater of the
7following:
AB655-ASA1,26,108
a. The portion of the land surface that extends a certain distance landward
9from the ordinary high-water mark of the navigable waterway, but the distance
10under the rule may not exceed 75 feet.
AB655-ASA1,26,1411
b. The portion of land surface that extends landward from the ordinary
12high-water mark of the navigable waterway to the point where the slope is measured
13to be a certain percentage, but the percentage under the rule may not be less than
1412 percent.
AB655-ASA1,26,1615
2m. The rule promulgated under subd. 1. may apply to specific navigable
16waterways or to classes of navigable waterways.
AB655-ASA1,26,2017
(am) The rule under this subsection may not require or allow the department
18to deviate from, or create an exemption from, the requirements of the rules
19promulgated under this section in determining what constitutes a bank at an
20individual, specific site.
AB655-ASA1,26,2321
(b) In promulgating the rule under this subsection, the determination under
22this subsection of what constitutes a bank may not include any land where the slope
23or drainage of the land into the navigable waterway is completely interrupted.
AB655-ASA1,27,224
(c) To the extent practicable, the rule under this subsection shall be consistent
25with rules promulgated by the department that relate to shorelands, as defined in
1s. 59.692 (1) (b), and floodplains, and rules promulgated under s. 281.16 (2) that
2relate to protective areas for wetlands and waterways.
AB655-ASA1,27,53
(d) In promulgating the rule under this subsection, the department shall
4consider public rights and interests for the purpose of furthering the public trust in
5navigable waters.
AB655-ASA1, s. 91
6Section
91. 30.19 (1m) (intro.) of the statutes is amended to read:
AB655-ASA1,27,97
30.19
(1m) Exception
Exemptions. (intro.)
Subsection (1) does not apply to A
8person is exempt from the permit requirements under this section for any of the
9following:
AB655-ASA1,27,1111
30.19
(1m) (a) The construction
and
or repair of
any public
highways
highway.
AB655-ASA1,27,1313
30.19
(1m) (b) Any agricultural
uses
use of land.
AB655-ASA1,27,1615
30.19
(1m) (c)
Any An activity that affects a navigable inland lake
that is 16located wholly or partly in any county having a population of 750,000 or more.
AB655-ASA1,27,1918
30.19
(1m) (cm) Any activity that affects a portion of Lake Michigan or of Lake
19Superior that is located within a county having a population of 750,000 or more.
AB655-ASA1,27,2321
30.19
(1m) (d)
Those portions Any activity that affects a portion of
a navigable
22streams, Lake Michigan or Lake Superior stream that is located within
any a county
23having a population of 750,000 or more.
AB655-ASA1,28,3
130.19
(1m) (e) Any work required to maintain the original dimensions of an
2enlargement of
a waterway authorized an artificial water body done pursuant to a
3permit or legislative authorization under sub.
(1) (a) or (b) (1g) (a) or (am).
AB655-ASA1,28,87
30.19
(3r) General permits. (a) The department shall issue statewide general
8permits under s. 30.206 that authorize persons to do all of the following:
AB655-ASA1,28,109
1. Engage in an activity specified in sub. (1g) (am) in accordance with best
10management practices required for storm water discharge permits under ch. 283.
AB655-ASA1,28,1111
2. Engage in an activity specified in sub. (1g) (c).
AB655-ASA1,28,1412
(b) The department may promulgate rules that specify other types of activities,
13in addition to those listed in par. (a), that may be authorized by statewide general
14permits.
AB655-ASA1,28,1616
30.19
(4) (title)
Issuance of permit Individual permits.
AB655-ASA1, s. 102
17Section
102. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and
18amended to read:
AB655-ASA1,28,2219
30.19
(4) (c) (intro.)
If the The department
finds that the project will not injure
20public rights or interest, including fish and game habitat, that the project shall issue
21an individual permit pursuant to an application under par. (a) if the department
22finds that all of the following apply:
AB655-ASA1,28,24
232. The activity will not cause environmental pollution
, as defined in s. 299.01
24(4)
, that any.
AB655-ASA1,29,3
13. Any enlargement connected to
a navigable
waterways conforms to the
2requirement of waterway complies with all of the laws
for the relating to platting of
3land and
for sanitation
and that no.
AB655-ASA1,29,7
44. No material injury
will result to the
riparian rights of any riparian owners
5on any body of water affected will result, the department shall issue a permit
6authorizing the enlargement of the affected waterways of real property that abuts
7any water body that is affected by the activity.
AB655-ASA1,29,129
30.19
(4) (a) For activities that are not exempt under sub. (1m) and that are
10not subject to a general permit under sub. (3r), a person may apply to the department
11for an individual permit in order to engage in an activity for which a permit is
12required under sub. (1g).
AB655-ASA1,29,1514
30.19
(4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to
15an application under par. (a).
AB655-ASA1,29,1717
30.19
(4) (c) 1. The activity will not be detrimental to the public interest.
AB655-ASA1,30,219
30.19
(5) Conditions of permit Requirement for public access. The A permit
20issued under this section to construct an artificial water body and to connect it to a
21navigable waterway shall
provide that all require that the navigable portion of the 22artificial
waterways constructed under this section which are connected to navigable
23waterways shall be water body be a public
waterways waterway if the connecting
24portion is navigable. The department may impose such further conditions in the
1permit
on public access as it finds reasonably necessary to protect public health,
2safety, welfare, rights and interest and to protect private rights and property.
AB655-ASA1,30,74
30.195
(1) Permit required. No Unless a permit has been issued under this
5section or authorization has been granted by the legislature, no person may change
6the course of or straighten a navigable stream
without a permit issued under this
7section or without otherwise being expressly authorized by statute to do so.
AB655-ASA1, s. 108
8Section
108. 30.195 (2) of the statutes is repealed and recreated to read:
AB655-ASA1,30,119
30.195
(2) Individual permits. (a) A riparian owner shall apply to the
10department for an individual permit in order to engage in activities for which a
11permit is required under sub. (1).
AB655-ASA1,30,1312
(b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an
13application under par. (a).
AB655-ASA1, s. 110
15Section
110. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and
16amended to read:
AB655-ASA1,30,1917
30.195
(2) (c)
Upon application therefor, the The department shall
grant a 18issue an individual permit
to the
applied for under this section to a riparian owner
19if the department determines that all of the following apply:
AB655-ASA1,30,22
201. The applicant is the owner of any land
to change the course of or straighten
21a upon which the change in course or straightening of the navigable stream
on such
22land, if such will occur.
AB655-ASA1,30,24
232. The proposed change
of course or straightening
of the navigable stream will
24improve the economic or aesthetic value of the
owner's
applicant's land
and will.
AB655-ASA1,31,3
13. The proposed change of course or straightening of the navigable stream will 2not adversely affect the flood flow capacity of the stream or otherwise be detrimental
3to
public rights or the public interest.
AB655-ASA1,31,10
44. The proposed change of course or straightening of the navigable stream will
5not be detrimental to the rights of other
riparians riparian owners located on the
6stream
. If the department finds that the rights of such riparians will be adversely
7affected, it may grant the permit only with their consent. Such permit may be
8granted on the department's own motion after its own investigation or after public
9hearing and after giving prior notice of such investigation or hearing or all of these
10riparian owners have consented to the issuance of the permit.
AB655-ASA1,31,20
1430.196 Enclosure of navigable waters; issuance of permits to
15municipalities. (intro.) A municipality may enclose navigable waters by directing,
16placing or restricting navigable waters into an enclosed drain, conduit, storm sewer
17or similar structure if the department grants the municipality
a an individual 18permit. The department may grant this permit to a municipality after following the
19notice and hearing requirements under s.
30.02 (3) and (4) 30.208 (3) to (5) if it finds
20that granting the permit:
AB655-ASA1, s. 114
21Section
114. 30.20 (1) (title) of the statutes is repealed and recreated to read:
AB655-ASA1,31,2222
30.20
(1) (title)
Permits or contracts required.