AB655-ASA2, s. 133 17Section 133. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and
18amended to read:
AB655-ASA2,41,919 30.206 (1) (a) For activities which require a permit or approval under ss. 30.12
20(3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a
21class of activities, according to rules promulgated by the department. Before issuing
22general permits, the department shall determine after an environmental analysis

23and notice and hearing under ss. 227.17 and 227.18, that . The department shall
24issue the statewide general permits as rules promulgated under ch. 227 required
25under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general

1permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be
2promulgated within 540 days after the effective date of this paragraph .... [revisor
3inserts date]. The department shall submit in proposed form the rule containing the
4statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to
5the legislative council staff under section 227.15 (1) no later than the first day of the
66th month beginning after the effective date of this paragraph .....[revisor inserts
7date]. General permits issued under s. 30.206, 2001 stats., shall remain valid until
8the date upon which the rules issuing these statewide general permits are
9promulgated under this paragraph.
AB655-ASA2,41,15 10(c) To ensure that the cumulative adverse environmental impact of the class
11of activity
activities authorized by a general permit is insignificant and that the
12issuance of the general permit will not injure public rights or interest interests, cause
13environmental pollution, as defined in s. 299.01 (4), or result in material injury to the
14rights of any riparian owner, the department may impose any of the following
15conditions on the permit
:
AB655-ASA2, s. 134 16Section 134. 30.206 (1) (c) 1. to 3. of the statutes are created to read:
AB655-ASA2,41,1817 30.206 (1) (c) 1. Construction and design requirements that are consistent with
18the purpose of the activity authorized under the permit.
AB655-ASA2,41,2119 2. Location requirements that ensure that the activity will not materially
20interfere with navigation or have an adverse impact on the riparian property rights
21of adjacent riparian owners.
AB655-ASA2,41,2222 3. Restrictions to protect areas of special natural resource interest.
AB655-ASA2, s. 135 23Section 135. 30.206 (2) of the statutes is repealed.
AB655-ASA2, s. 136 24Section 136. 30.206 (3) (title) of the statutes is created to read:
AB655-ASA2,42,2
130.206 (3) (title) Procedures for conducting activities under general
2permits.
AB655-ASA2, s. 137 3Section 137. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and
4amended to read:
AB655-ASA2,42,185 30.206 (3) (a) A person wishing to proceed with an activity that may be
6authorized by a general permit shall apply to the department, with written
7notification of the person's wish to proceed,
not less than 20 business 30 days before
8commencing the activity authorized by a general permit. The department may
9request additional information from the applicant
notification shall provide
10information describing the activity in order to allow the department
to determine
11whether the activity is within the scope of a authorized by the general permit and
12shall inform the applicant in writing of its determination within 10 business days
13after receipt of adequate information
give the department consent to enter and
14inspect the site, subject to s. 30.291. The department may make a request for
15additional information one time during the 30-day period. If the department makes
16a request for additional information, the 30-day period is tolled from the date the
17person applying for authorization to proceed receives the request until the date on
18which the department receives the information
.
AB655-ASA2, s. 138 19Section 138. 30.206 (3) (c) of the statutes is created to read:
AB655-ASA2,42,2320 30.206 (3) (c) Upon completion of an activity that the department has
21authorized under a general permit, the applicant for the general permit shall provide
22to the department a statement certifying that the activity is in compliance with all
23of the conditions of the general permit and a photograph of the activity.
AB655-ASA2, s. 139 24Section 139. 30.206 (3m) of the statutes is repealed.
AB655-ASA2, s. 140 25Section 140. 30.206 (3r) of the statutes is created to read:
AB655-ASA2,43,4
130.206 (3r) Individual permit in lieu of general permit. (a) The department
2may decide to require a person who has applied under sub. (3) for authorization to
3proceed under a general permit to apply for and be issued an individual permit or be
4granted a contract if either of the following applies:
AB655-ASA2,43,65 1. The department determines that the proposed activity is not authorized
6under the general permit.
AB655-ASA2,43,117 2. The department has conducted an investigation and visited the site and has
8determined that conditions specific to the site require restrictions on the activity in
9order to prevent significant adverse impacts to the public rights and interest,
10environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian
11rights of any riparian owner.
AB655-ASA2,43,1312 (b) A decision by the department to require an individual permit under this
13subsection shall be in writing.
AB655-ASA2, s. 141 14Section 141. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and
15amended to read:
AB655-ASA2,43,2316 30.206 (3) (b) Upon receipt of the department's determination that the
17proposed activity is authorized by a general permit,
If within 30 days after a
18notification under par. (a) is submitted to the department the department does not
19require any additional information about the activity that is subject to the
20notification and does not inform the applicant that an individual permit will be
21required, the activity will be considered to be authorized by the general permit and

22the applicant may proceed without further notice, hearing, permit or approval if the
23activity is carried out in compliance with all of the conditions of the general permit.
AB655-ASA2, s. 142 24Section 142. 30.206 (5) (title) of the statutes is created to read:
AB655-ASA2,43,2525 30.206 (5) (title) Failure to follow procedural requirements.
AB655-ASA2, s. 143
1Section 143. 30.206 (6) of the statutes is amended to read:
AB655-ASA2,44,52 30.206 (6) Request for individual permit. A person proposing an activity for
3which a general permit has been issued may request an individual permit under the
4applicable provisions of this chapter subchapter or ch. 31 in lieu of seeking
5authorization under the general permit.
AB655-ASA2, s. 144 6Section 144. 30.206 (7) of the statutes is amended to read:
AB655-ASA2,44,97 30.206 (7) This section does not apply to an application for a general permit for
8the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m)
9if the application for the general permit may be submitted under s. 30.207.
AB655-ASA2, s. 145 10Section 145. 30.207 (1) of the statutes is amended to read:
AB655-ASA2,44,1911 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt)
1230.2023, the Wolf River and Fox River basin area consists of all of Winnebago County;
13the portion and shoreline of Lake Poygan in Waushara County; the area south of
14STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in
15the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that
16portion of Outagamie County south and east of USH 41; that portion of Waupaca
17County that includes the town of Mukwa, city of New London, town of Caledonia,
18town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River
19in the town of Weyauwega.
AB655-ASA2, s. 146 20Section 146. 30.207 (3) (d) 2. of the statutes is amended to read:
AB655-ASA2,44,2321 30.207 (3) (d) 2. Specify the department's plans for proceeding on the
22application. The plans shall include a timetable for the notice and hearing required
23under sub. (4).
AB655-ASA2, s. 147 24Section 147. 30.207 (4) (b) of the statutes is repealed.
AB655-ASA2, s. 148 25Section 148. 30.207 (5) of the statutes is repealed.
AB655-ASA2, s. 149
1Section 149. 30.208 of the statutes is created to read:
AB655-ASA2,45,6 230.208 Applications for individual permits and contracts; department
3determinations.
(1) Application required. A person who seeks to obtain or modify
4an individual permit under this subchapter or to enter into a contract under s. 30.20
5shall submit an application to the department. The application may contain a
6request for a public hearing on the application.
AB655-ASA2,45,14 7(3) Notice of complete application; request for public hearing; decision. (a)
8Upon determination by the department that an application submitted under sub. (1)
9is complete, the department shall provide notice of complete application to interested
10and potentially interested members of the public, as determined by the department.
11The department shall provide the notice within 15 days after the determination that
12the application is complete. If the applicant has requested a public hearing as part
13of the submitted application, a notice of public hearing shall be part of the notice of
14complete application.
AB655-ASA2,45,1815 (b) If the notice of complete application does not contain a notice of public
16hearing, any person may request a public hearing in writing or the department may
17decide to hold a public hearing without a request being submitted if the department
18determines that there is a significant public interest in holding a hearing.
AB655-ASA2,45,2319 (c) A request for a public hearing under par. (b) must be submitted to the
20department or the department's decision to hold a public hearing must occur within
2130 days after the department completes providing the notice of complete application.
22The department shall provide notice of public hearing within 15 days after the
23request for public hearing is submitted or the department makes its determination.
AB655-ASA2,45,2524 (d) The department shall hold a public hearing within 30 days after the notice
25of hearing has been provided under par. (a) or (c).
AB655-ASA2,46,4
1(e) Within 30 days after the public hearing is held or, if no public hearing is held,
2within 30 days of the 30-day comment period under sub. (4) (a), the department shall
3render a decision, issuing, denying, or modifying the permit or approving the
4contract that is the subject of the application submitted under sub. (1).
AB655-ASA2,46,13 5(4) Public comment. (a) The department shall provide a period for public
6comment after the department has provided a notice of complete application under
7sub. (3) (a), during which time any person may submit written comments with
8respect to the application for the permit or contract. The department shall retain all
9of the written comments submitted during this period and shall consider all of the
10comments in the formulation of the final decision on the application. The period for
11public comment shall end on the 30th day following the date on which the
12department completes providing the notice of complete application, except as
13provided in par. (b).
AB655-ASA2,46,1514 (b) If a public hearing is held, the period for public comment shall end on the
1510th day following the date on which the public hearing is completed.
AB655-ASA2,46,1916 (d) The department shall promulgate rules to establish procedures for the
17conduct of public hearings held under this subsection. Notwithstanding s. 227.42,
18a public hearing held under this subsection shall be an informational hearing and
19may not be treated as, nor converted to, a contested case under s. 227.01 (3).
AB655-ASA2,46,23 20(5) Notice requirements. (a) The department shall, by rule, establish
21procedures for providing notices of complete applications and notices of public
22hearings to be provided under sub. (3), and notices of administrative hearings to be
23provided under s. 30.209 (1m). The procedures shall require all of the following:
AB655-ASA2,46,2424 1. That the notice be published as a class 1 notice under ch. 985.
AB655-ASA2,46,2525 2. That the notice be mailed to any person or group upon request.
AB655-ASA2,47,4
1(b) The department shall, by rule, prescribe the form and content of notices of
2complete applications and notices of public hearings to be provided under sub. (3),
3and notices of administrative hearings to be provided under s. 30.209 (1m). Each
4notice shall include all of the following information:
AB655-ASA2,47,55 1. The name and address of each applicant or permit holder.
AB655-ASA2,47,76 2. A brief description of each applicant's activity or project that requires the
7permit.
AB655-ASA2,47,88 3. The name of the waterway in or for which the activity or project is planned.
AB655-ASA2,47,119 4. For a notice of complete application and a notice of public hearing under sub.
10(3), a statement of the tentative determination to issue, modify, or deny a permit for
11the activity or project described in the application.
AB655-ASA2,47,1412 5. For a notice of complete application and a notice of public hearing under sub.
13(3), a brief description of the procedures for the formulation of final determinations,
14including a description of the comment period required under sub. (4).
AB655-ASA2,47,1615 (c) The department may delegate the department's requirement to provide
16notice under sub. (3) or s. 30.209 (1m) by doing any of the following:
AB655-ASA2,47,1817 1. Requiring that the applicant for the permit or contract provide by
18publication, mailing, or other distribution one or more of the notices.
AB655-ASA2,47,2019 2. That the applicant for the permit or contract pay for the publication, mailing,
20or any other distribution costs of providing one or more of the notices.
AB655-ASA2, s. 150 21Section 150. 30.209 of the statutes is created to read:
AB655-ASA2,47,25 2230.209 Contracts and individual permits; administrative and judicial
23review.
(1) In this section, "applicant" means any person applying to receive a
24permit or contract under this subchapter or any person who has received a permit
25or contract under this subchapter.
AB655-ASA2,48,3
1(1m) Request for administrative review. (a) Any interested person may file
2a petition with the department for administrative review within 30 days after any
3of the following decisions given by the department:
AB655-ASA2,48,54 1. The issuance, denial, or modification of any individual permit issued under
5or contract entered into this subchapter.
AB655-ASA2,48,76 2. The imposition of, or failure to impose, a term or condition on any individual
7permit issued or contract entered into under this subchapter.
AB655-ASA2,48,98 (b) If the petitioner is not the applicant, the petition shall describe the
9petitioner's objection to the permit or contract and shall contain all of the following:
AB655-ASA2,48,1210 1. A description of the objection that is sufficiently specific to allow the
11department to determine which provisions of this subchapter may be violated if the
12proposed activity or project under the permit or contract is allowed to proceed.
AB655-ASA2,48,1513 2. A description of the facts supporting the petition that is sufficiently specific
14to determine how the petitioner believes the activity or project, as proposed, may
15result in a violation of the provisions of this subchapter.
AB655-ASA2,48,1716 3. A commitment by the petitioner to appear at the administrative hearing and
17present information supporting the petitioner's objection.
AB655-ASA2,48,2018 (c) The activity or project shall be stayed pending an administrative hearing
19under this section, if the petition contains a request for the stay showing that a stay
20is necessary to prevent irreversible harm to the environment.
AB655-ASA2,48,2321 (d) If a stay is requested under par. (c), the stay shall be in effect until either
22the department denies the request for an administrative hearing or the hearing
23examiner determines that the stay is not necessary.
AB655-ASA2,49,324 (e) The petitioner shall file a copy of the petition with the department. If the
25petitioner is not the applicant, the petitioner shall simultaneously provide a copy of

1the petition to the applicant. The applicant may file a response to the petition with
2the department. If the applicant files a response under this paragraph, it shall be
3filed within 15 days after the petition is filed.
AB655-ASA2,49,74 (f) The department shall grant or deny the petition within 30 days after the
5petition is filed. The failure of the department to dispose of the petition within this
630-day period is a denial. The department shall deny the petition if any of the
7following applies:
AB655-ASA2,49,98 1. The petitioner is not the applicant and the petition does not comply with the
9requirements of par. (b).
AB655-ASA2,49,1410 2. The objection contained in the petition is not substantive. The department
11shall determine that an objection is substantive if the supporting facts contained in
12the objection appear to be substantially true and raise reasonable grounds to believe
13that the provisions of this subchapter may be violated if the activity or project is
14undertaken.
AB655-ASA2,49,1615 (fm) If the department denies the petition, the department shall send the
16petitioner the denial in writing, stating the reasons for the denial.
AB655-ASA2,49,2017 (g) If the department grants a petition under this subsection, the department
18shall refer the matter to the division of hearings and appeals in the department of
19administration within 15 days after granting the petition unless the petitioner and
20the applicant agree to an extension.
AB655-ASA2,49,22 21(2) Administrative hearings. (a) An administrative hearing under this
22subsection shall be treated as a contested case under ch. 227.
AB655-ASA2,50,523 (b) If a stay under sub. (1) (c) is in effect, the hearing examiner shall, within
2430 days after receipt of the referral under sub. (1) (g), determine whether
25continuation of the stay is necessary to prevent significant adverse impacts or

1irreversible harm to the environment pending completion of the hearing. The
2hearing examiner shall make the determination based on the request under sub. (1)
3(c), any response from the applicant under sub. (1) (e), and any testimony at a public
4hearing or any public comments. The determination shall be made without a
5hearing.
AB655-ASA2,50,116 (c) A hearing under this section shall be completed within 90 days after receipt
7of the referral of the petition under sub. (1) (g), unless all parties agree to an
8extension of that period. In addition, a hearing examiner may grant a one-time
9extension for the completion of the hearing of up to 60 days on the motion of any party
10and a showing of good cause demonstrating extraordinary circumstances justifying
11an extension.
AB655-ASA2,50,1312 (d) Notwithstanding s. 227.44 (1), the department shall provide a notice of the
13hearing at least 30 days before the date of the hearing to all of the following:
AB655-ASA2,50,1414 1. The applicant.
AB655-ASA2,50,1515 2. Each petitioner, if other than the applicant.
AB655-ASA2,50,1716 3. Any other persons required to receive notice under the rules promulgated
17under s. 30.208 (5).
AB655-ASA2,50,20 18(3) Judicial review. (a) Any person whose substantial interest is affected by
19a decision of the department under sub. (1m) (a) 1. or 2. may commence an action in
20circuit court to review that decision.
AB655-ASA2,50,2221 (b) Any party aggrieved by a decision of a hearing examiner under sub. (2) may
22commence an action in circuit court to review that decision.
AB655-ASA2, s. 151 23Section 151. 30.28 (3) (a) of the statutes is renumbered 30.28 (3).
AB655-ASA2, s. 152 24Section 152. 30.28 (3) (b) of the statutes is repealed.
AB655-ASA2, s. 153 25Section 153. 30.285 of the statutes is created to read:
AB655-ASA2,51,2
130.285 Records of exemptions and permitted activities. (1) On an
2annual basis, the department shall keep records of all of the following
AB655-ASA2,51,43 (a) The number of exempted activities that are conducted under ss. 30.12 (1g),
430.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.
AB655-ASA2,51,65 (b) The number of exemptions under par. (a) for which the department required
6applications for individual permits or contracts.
AB655-ASA2,51,87 (c) The number of exemptions under par. (a) for which the department required
8applications to seek authorizations to proceed under general permits.
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