AB655-ASA2,3,1919
(a) A state natural area designated or dedicated under ss. 23.27 to 23.29.
AB655-ASA2,3,2020
(b) A surface water identified as a trout stream by the department.
AB655-ASA2,3,2221
(bm) A surface water identified as an outstanding or exceptional resource
22water under s. 281.15.
AB655-ASA2,4,2
1(c) An area that possesses significant scientific value, as identified by the
2department.
AB655-ASA2,4,114
30.01
(1p) "Fishing raft" means any raft, float or structure, including a raft or
5float with a superstructure and including a structure located or extending below or
6beyond the ordinary high-water mark of a water, which is designed to be used or is
7normally used for fishing, which is not normally used as a means of transportation
8on water and which is normally retained in place by means of a permanent or
9semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft"
10does not include a boathouse or fixed houseboat regulated under s. 30.121 nor a
11wharf or pier regulated under
s. ss. 30.12 and 30.13.
AB655-ASA2,4,1413
30.01
(2m) "Great Lakes water body" means Lake Superior or Lake Michigan
14and includes any bay or harbor that is part of Lake Superior or Lake Michigan.
AB655-ASA2, s. 6
16Section
6. 30.015 of the statutes is renumbered 30.208 (2) and amended to
17read:
AB655-ASA2,5,1018
30.208
(2) Time limits for issuing permit determinations Procedure for
19completing applications. In issuing
individual permits
or entering contracts under
20this
chapter subchapter, the department shall initially determine whether a
21complete application for the permit
or contract has been submitted and, no later than
2260 30 days after the application is submitted, notify the applicant in writing about
23the initial determination of completeness. If the department determines that the
24application is incomplete, the notice shall state the reason for the determination and
25the specific items of information necessary to make the application complete. An
1applicant may supplement and resubmit an application that the department has
2determined to be incomplete. There is no limit on the number of times that an
3applicant may resubmit an application that the department has determined to be
4incomplete under this section. The department may not demand items of
5information that are not specified in the notice as a condition for determining
6whether the application is complete unless both the department and the applicant
7agree or unless the applicant makes material additions or alterations to the
activity
8or project for which the application has been submitted.
The rules promulgated
9under s. 299.05 apply only to applications for individual permits or contracts under
10this subchapter that the department has determined to be complete.
AB655-ASA2,5,2015
30.025
(1b) (b) "Permit" means
a
an individual permit
or, a general permit,
16an approval, or a contract required under this subchapter or subch. II, a permit or
17an approval required under
this chapter or ch. 31, a storm water discharge permit
18required under s. 283.33 (1) (a), or a water quality certification required under s.
19281.36 or under rules promulgated under subch. II of ch. 281 to implement
33 USC
201341 (a).
AB655-ASA2,5,2523
30.025
(1e) (a) Except as provided in par. (b), this section applies to a proposal
24to construct a utility facility if the utility facility is required to obtain
, or give
25notification of the wish to proceed under, one or more permits.
AB655-ASA2,6,43
30.025
(1m) (a) The permits that the person may be required to obtain
and the
4permits under which the person must give notification of the wish to proceed.
AB655-ASA2,6,117
30.025
(2g) (a) The department shall review every proposed utility facility
8subject to this section, including each location, site, or route proposed for the utility
9facility, to assess whether each proposed location, site, or route can meet the criteria
10for
proceeding under the authority of or obtaining the required permits, and shall
11provide that information to the commission.
AB655-ASA2,6,1614
30.025
(3) (intro.) The department shall
grant issue, or authorize proceeding
15under, the necessary permits if it finds that the applicant has shown that the
16proposal:
AB655-ASA2,6,2419
30.025
(4) Permit conditions. The permit may be issued
, or the authority to
20proceed under a permit may be granted, upon stated conditions deemed necessary
21to assure compliance with the criteria designated under sub. (3). The department
22shall grant or deny the application for a permit for the utility facility within 30 days
23of the date on which the commission issues its decision under s. 196.49 or 196.491
24(3).
AB655-ASA2,7,2
130.025
(5) Exemption from certain procedures. Sections 30.208 and 30.209
2do not apply to an application for any permit under this section.
AB655-ASA2, s. 15
3Section
15. 30.07 of the statutes is renumbered 30.2095, and 30.2095 (1) (a),
4as renumbered, is amended to read:
AB655-ASA2,7,85
30.2095
(1) (a) Except as provided in par. (b), every permit or contract issued
6under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void
7unless the
activity or project is completed within 3 years after the permit or contract
8was issued.
AB655-ASA2,7,1210
30.10
(4) (a) This section does not impair the powers granted by law under s.
1130.123 30.1235 or by other law to municipalities to construct highway bridges
, 12arches
, or culverts over streams.
AB655-ASA2,7,1614
30.11
(4) Riparian rights preserved. Establishment of a bulkhead line shall
15not abridge the riparian rights of riparian
proprietors owners. Riparian
proprietors
16owners may place solid structures or fill up to such line.
AB655-ASA2,7,19
1830.12 (title)
Structures and deposits in navigable waters prohibited;
19exceptions; penalty.
AB655-ASA2, s. 19
20Section
19. 30.12 (1) (intro.) of the statutes is amended to read:
AB655-ASA2,8,221
30.12
(1) General prohibition Permits required. (intro.)
Except as provided
22under subs. (4) and (4m), unless a Unless an individual or a general permit has been
23granted by the department pursuant to statute or
issued under this section or
24authorization has been granted by the legislature
has otherwise authorized
1structures or deposits in navigable waters, it is unlawful, no person may do any of
2the following:
AB655-ASA2,8,54
30.12
(1) (a)
To deposit Deposit any material or
to place any structure upon the
5bed of any navigable water where no bulkhead line has been established
; or.
AB655-ASA2,8,87
30.12
(1) (b)
To deposit Deposit any material or
to place any structure upon the
8bed of any navigable water beyond a lawfully established bulkhead line.
AB655-ASA2, s. 22
9Section
22. 30.12 (1g) (intro.), (a), (b), (e), (f), (i), (j), (k) and (km) of the statutes
10are created to read:
AB655-ASA2,8,1511
30.12
(1g) Exemptions. (intro.) A riparian owner is exempt from the permit
12requirements under this section for the placement of a structure or the deposit of
13material if the structure or material is located in an area other than an area of special
14natural resource interest, does not interfere with the riparian rights of other riparian
15owners, and is any of the following:
AB655-ASA2,8,1816
(a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that
17is associated with any activity or project that is exempt from an individual permit
18or a general permit under this subchapter.
AB655-ASA2,8,2019
(b) A structure, other than a pier or a wharf, that is placed on a seasonal basis
20in accordance with rules promulgated by the department.
AB655-ASA2,8,2321
(e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis
22adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian
23owner's property, in accordance with rules promulgated by the department.
AB655-ASA2,9,424
(f) A pier or wharf that is no more than 6 feet wide, that extends no further than
25to a point where the water is 3 feet at its maximum depth, or to the point where there
1is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is
2closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet
3of riparian owner's shoreline footage and no more than one additional boat slip for
4each additional 50 feet of the riparian owner's shoreline.
AB655-ASA2,9,75
(i) Riprap in an amount not to exceed 100 linear feet that is placed to replace
6existing riprap located in an inland lake or Great Lakes waterbody and that includes
7the replacement of filter fabric or base substrate.
AB655-ASA2,9,118
(j) Riprap in an amount not to exceed 300 linear feet that is placed to repair
9existing riprap located in an inland lake or Great Lakes waterbody, and that consists
10only of the placement of additional rock or the redistribution of existing rock within
11the footprint of the existing riprap.
AB655-ASA2,9,1312
(k) A biological shore erosion control structure, as defined by rule by the
13department.
AB655-ASA2,9,1614
(km) An intake or outfall structure that is less than 6 feet from the water side
15of the ordinary high-water mark and that is less than 25 percent of the width of the
16channel in which it is placed.
AB655-ASA2,9,1918
30.12
(1m) Rules. (a) The department may promulgate rules concerning the
19exempt activities under sub. (1g) that only do any of the following:
AB655-ASA2,9,2120
1. Establish reasonable installation practices for the placement of structures
21or the deposit of material to minimize environmental impacts.
AB655-ASA2,9,2422
2. Establish reasonable construction and design requirements for the
23placement of structures under sub. (1g) (c), (d), (f), (g), (h), and (km) that are
24consistent with the purpose of the activity.
AB655-ASA2,10,2
13. Establish reasonable limitations on the location of the placement of
2structures or the deposit of material at the site affected by the activity.
AB655-ASA2,10,63
(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish
4practices or requirements that prohibit the placement of structures or the deposit of
5material or that render the placement of structures or the deposit of material
6economically cost-prohibitive.
AB655-ASA2,10,149
30.12
(2m) Permits in lieu of exemptions. The department may decide to
10require that a person engaged in an activity that is exempt under sub. (1g) apply for
11an individual permit or seek authorization under a general permit if the department
12has conducted an investigation and visited the site of the activity and has determined
13that conditions specific to the site require restrictions on the activity in order to
14prevent any of the following:
AB655-ASA2,10,1515
(a) Significant adverse impacts to the public rights and interests.
AB655-ASA2,10,1616
(b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA2,10,1717
(c) Material injury to the riparian rights of any riparian owner.
AB655-ASA2,10,2319
30.12
(2r) Exemption determinations. (a) A person may submit to the
20department a written statement requesting that the department determine whether
21a proposed activity is exempt under sub. (1g). The statement shall contain a
22description of the proposed activity and site and shall give the department consent
23to enter and inspect the site.
AB655-ASA2,10,2524
(b) The department shall do all of the following within 15 days after receipt of
25a statement under par. (a).
AB655-ASA2,11,2
11. Enter and inspect the site on which the activity is located, subject to s. 30.291,
2if the department determines such an inspection is necessary.
AB655-ASA2,11,33
2. Make a determination as to whether the activity is exempt.
AB655-ASA2,11,64
3. Notify in writing the person submitting the statement which general or
5individual permit will be required for the activity, if the department determines that
6the activity is not exempt.
AB655-ASA2,11,107
(c) If the department does not take action under par. (b), the department may
8not require at any time that the person proposing to engage in the activity apply for
9an individual permit or seek authorization under a general permit unless required
10to do so by a court or hearing examiner.
AB655-ASA2,11,1211
(d) If a statement under par. (a) is not given or if the statement does not give
12consent to inspect, the 15-day time limit under par. (b) does not apply.
AB655-ASA2, s. 27
13Section
27. 30.12 (3) (title) of the statutes is repealed and recreated to read:
AB655-ASA2,11,1414
30.12
(3) (title)
General permits.
AB655-ASA2, s. 28
15Section
28. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to
16read:
AB655-ASA2,11,1817
30.12
(3) (a) (intro.) The department shall issue statewide general permits
18under s. 30.206 that authorize riparian owners to do all of the following:
AB655-ASA2, s. 29
19Section
29. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and
20amended to read:
AB655-ASA2,11,2321
30.12
(1g) (c)
Place a A fish crib, spawning reef, wing deflector
, or similar
22device
that is placed on the bed of navigable waters for the purpose of improving fish
23habitat.
AB655-ASA2, s. 30
24Section
30. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and
25amended to read:
AB655-ASA2,12,3
130.12
(1g) (d)
Place a A bird nesting platform,
a wood duck house
, or similar
2structure
that is placed on the bed of a navigable water for the purpose of improving
3wildlife habitat.
AB655-ASA2,12,76
30.12
(3) (a) 3c. Place riprap in order to replace or repair existing riprap, other
7than riprap that is exempt under sub. (1g) (i) or (j).
AB655-ASA2,12,119
30.12
(3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent
10to an owner's property in an amount up to and including 100 continuous feet in an
11inland lake of 300 acres or more.
AB655-ASA2, s. 34
12Section
34. 30.12 (3) (a) 3r. of the statutes is created to read:
AB655-ASA2,12,1513
30.12
(3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent
14to an owner's property in an amount up to and including 300 continuous feet in a
15Great Lakes water body.
AB655-ASA2,12,2317
30.12
(3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
18for the purpose of storing or protecting watercraft and associated materials, except
19that no
general or individual permit may be
granted issued for a permanent boat
20shelter which is constructed after May 3, 1988, if the property on which the
21permanent boat shelter is to be located also contains a boathouse within 75 feet of
22the ordinary high-water mark or if there is a boathouse over navigable waters
23adjacent to the owner's property.
AB655-ASA2, s. 36
24Section
36. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and
25amended to read:
AB655-ASA2,13,3
130.12
(1g) (g)
Place an An intake structure and pipe
that is placed on the bed
2of a navigable water for the purpose of constructing a dry fire hydrant to supply water
3for fire protection.