AB655-ASA2,14,166
30.12
(3) (c) The department may
promulgate rules deemed necessary to carry
7out the purposes of impose conditions on general permits issued under par. (a) 6.
,
8including rules to establish minimum standards to govern the architectural features
9of boat shelters and the number of boat shelters that may be constructed adjacent
10to a parcel of land. The
rules conditions may not govern the aesthetic features or color
11of boat shelters. The
standards conditions shall be designed to
assure ensure the
12structural soundness and durability of
a boat shelter
boat shelters. A municipality
13may enact ordinances
not inconsistent that are consistent with this
section or with
14rules promulgated under this section regulating paragraph and with any conditions
15imposed on general permits issued to regulate the architectural features of boat
16shelters
that are under the jurisdiction of the municipality.
AB655-ASA2,14,2219
30.12
(3m) Individual permits. (a) For a structure or deposit that is not exempt
20under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian
21owner may apply to the department for the individual permit that is required under
22sub. (1) in order to place the structure for the owner's use or to deposit the material.
AB655-ASA2,14,2423
(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an
24application under par. (a).
AB655-ASA2,15,3
1(c) The department shall issue an individual permit to a riparian owner for a
2structure or a deposit pursuant to an application under par. (a) if the department
3finds that all of the following apply:
AB655-ASA2,15,44
1. The structure or deposit will not materially obstruct navigation.
AB655-ASA2,15,55
2. The structure or deposit will not be detrimental to the public interest.
AB655-ASA2,15,76
3. The structure or deposit will not materially reduce the flood flow capacity
7of a stream.
AB655-ASA2, s. 48
9Section
48. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and
10amended to read:
AB655-ASA2,15,2011
30.2022
(1) Activities affecting waters of the state
, as defined in s. 281.01 (18)
, 12that are carried out under the direction and supervision of the department of
13transportation in connection with highway, bridge
, or other transportation project
14design, location, construction, reconstruction, maintenance
, and repair are not
15subject to the prohibitions or permit or approval requirements specified under
this
16section or s. 29.601, 30.11,
30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231
, 17or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest
18practical time prior to the commencement of these activities, the department of
19transportation shall notify the department of the location, nature
, and extent of the
20proposed work that may affect the waters of the state.
AB655-ASA2, s. 49
21Section
49. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and
22amended to read:
AB655-ASA2,16,223
30.2022
(2) The exemption under
par. (a) sub. (1) does not apply unless the
24activity is accomplished in accordance with interdepartmental liaison procedures
1established by the department and the department of transportation for the purpose
2of minimizing the adverse environmental impact, if any, of the activity.
AB655-ASA2, s. 50
3Section
50. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and
4amended to read:
AB655-ASA2,16,135
30.2022
(3) If the department determines that there is reasonable cause to
6believe that an activity being carried out under this
subsection section is not in
7compliance with the environmental protection requirements developed through
8interdepartmental liaison procedures, it shall notify the department of
9transportation. If the secretary and the secretary of transportation are unable to
10agree upon the methods or time schedules to be used to correct the alleged
11noncompliance, the secretary, notwithstanding the exemption provided in this
12subsection section, may proceed with enforcement actions as the secretary deems
13appropriate.
AB655-ASA2, s. 51
14Section
51. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).
AB655-ASA2, s. 52
15Section
52. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and
16amended to read:
AB655-ASA2,16,1917
30.2022
(5) Except as may be required otherwise under s. 1.11, no public notice
18or hearing is required in connection with any interdepartmental consultation and
19cooperation under this
subsection section.
AB655-ASA2, s. 53
20Section
53. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended
21to read:
AB655-ASA2,16,2322
30.2022
(6) This
subsection section does not apply to activities in the Lower
23Wisconsin State Riverway, as defined in s. 30.40 (15).
AB655-ASA2, s. 55
1Section
55. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12
2(1m) (c) (intro.), as renumbered, is amended to read:
AB655-ASA2,17,63
30.12
(1m) (c) (intro.)
Subsection (1) does not apply to a A structure or deposit
4that the drainage board for the Duck Creek Drainage District places in a drain that
5the board operates in the Duck Creek Drainage District
is exempt from the permit
6requirements under this section if either of the following applies:
AB655-ASA2,17,108
30.121
(3w) Exception; commercial boathouses. Notwithstanding subs. (2)
9and (3), a person may construct, repair, or maintain a boathouse if all of the following
10apply:
AB655-ASA2,17,1111
(a) The boathouse is used exclusively for commercial purposes.
AB655-ASA2,17,1412
(b) The boathouse is located on land zoned exclusively for commercial or
13industrial purposes or the boathouse is located on a brownfield, as defined in s.
14560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).
AB655-ASA2,17,1715
(c) The boathouse is located within a harbor that is being operated as a
16commercial enterprise or is located on a river that is a tributary of Lake Michigan
17or Lake Superior.
AB655-ASA2,17,2018
(d) The person has been issued any applicable individual permits under this
19subchapter and is in compliance with any applicable general permitting
20requirements under this subchapter.
AB655-ASA2, s. 57
21Section
57. 30.123 (title) of the statutes is repealed and recreated to read:
AB655-ASA2,17,22
2230.123 (title)
Bridges and culverts.
AB655-ASA2, s. 58
23Section
58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to
24read:
AB655-ASA2,18,5
130.1235 Municipal bridge construction. Municipalities which construct or
2reconstruct highway bridges shall not be required to obtain permits under
this
3section or s. 30.10 or s. 30.12
or 30.123 for
such that construction or reconstruction.
4All municipal highway bridges shall be constructed or reconstructed in accordance
5with standards developed under s. 84.01 (23).
AB655-ASA2,18,167
30.123
(2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) 8Unless an individual or a general permit has been issued under this section or
9authorization has been granted by the legislature, no person may construct or
10maintain a bridge
or construct, place, or maintain a culvert in, on
, or over navigable
11waters
unless a permit has been issued by the department under this section. The
12application for a permit shall contain the applicant's name and address, the proposed
13location of the bridge, a cross section and plan view of the navigable waters and
14adjacent uplands, a description of materials to be used in construction of the bridge,
15plans for the proposed bridge, evidence of permission to construct the bridge from the
16riparian owners and any other information required by the department.
AB655-ASA2, s. 61
18Section
61. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and
19amended to read:
AB655-ASA2,19,220
30.123
(8) (c)
The department shall review the plans for the proposed bridge
21to determine whether the proposed bridge will be an obstruction to navigation or will
22adversely affect the flood flow capacity of the stream. The department shall
grant
23the issue an individual permit
if the proposed pursuant to an application under par.
24(a) if the department finds that the bridge
or culvert will not materially obstruct
1navigation,
will not materially reduce the effective flood flow capacity of a stream
or
2be, and will not be detrimental to the public interest.
AB655-ASA2,19,44
30.123
(6) Exemptions. Subsection (2) does not apply to any of the following:
AB655-ASA2,19,65
(a) The construction and maintenance of highway bridges to which s. 30.1235
6applies.
AB655-ASA2,19,87
(b) The construction and maintenance of bridges by the department of
8transportation in accordance with s. 30.2022.
AB655-ASA2,19,129
(d) The construction or placement and the maintenance of a culvert to replace
10a culvert that is authorized under a permit issued under s. 30.12 or 30.123, if the
11construction, placement, and maintained will comply with the same conditions of the
12permit.
AB655-ASA2,19,1413
(e) The construction or placement and the maintenance of a culvert to replace
14a culvert that has an inside diameter that does not exceed 24 inches.
AB655-ASA2,19,2116
30.123
(6m) Permits in lieu of exemptions. The department may decide to
17require that a person engaged in an activity that is exempt under sub. (6) (d) or (e)
18apply for an individual permit or seek authorization under a general permit if the
19department has conducted an investigation and visited the site of the activity and
20has determined that conditions specific to the site require restrictions on the activity
21in order to prevent any of the following:
AB655-ASA2,19,2222
(a) Significant adverse impacts to the public rights and interests.
AB655-ASA2,19,2323
(b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA2,19,2424
(c) Material injury to the riparian rights of any riparian owner.
AB655-ASA2,20,5
130.123
(6r) Exemption determinations. (a) A person may submit to the
2department a written statement requesting that the department determine whether
3a proposed activity is exempt under sub. (6) (d) or (e). The statement shall contain
4a description of the proposed activity and site and shall give the department consent
5to enter and inspect the site.
AB655-ASA2,20,76
(b) The department shall do all of the following within 15 days after receipt of
7a statement under par. (a).
AB655-ASA2,20,98
1. Enter and inspect the site on which the activity is located, subject to s. 30.291,
9if the department determines such an inspection is necessary.
AB655-ASA2,20,1010
2. Make a determination as to whether the activity is exempt.
AB655-ASA2,20,1311
3. Notify in writing the person submitting the statement which general or
12individual permit will be required for the activity, if the department determines that
13the activity is not exempt.
AB655-ASA2,20,1714
(c) If the department does not take action under par. (b), the department may
15not require at any time that the person proposing to engage in the activity apply for
16an individual permit or seek authorization under a general permit unless required
17to do so by a court or hearing examiner.
AB655-ASA2,20,1918
(d) If a statement under par. (a) is not given or if the statement does not give
19consent to inspect, the 15-day time limit under par. (b) does not apply.
AB655-ASA2,20,2221
30.123
(6s) Rules. (a) The department may promulgate rules concerning the
22exempt activities under sub. (6) that only do any of the following:
AB655-ASA2,20,2423
1. Establish reasonable installation practices for culverts to minimize
24environmental impacts.
AB655-ASA2,21,2
12. Establish reasonable construction and design requirements for culverts that
2are consistent with the purpose of the activity.
AB655-ASA2,21,43
3. Establish reasonable limitations on the location of culverts at the site
4affected by the activity.
AB655-ASA2,21,75
(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish
6practices or requirements that prohibit the construction of culverts or that render
7the placement of culverts economically cost-prohibitive.
AB655-ASA2,21,109
30.123
(7) General permits. (a) The department shall issue statewide general
10permits under s. 30.206 that authorize any person to do all of the following:
AB655-ASA2,21,1211
1. Construct and maintain a clear-span bridge over a navigable water that
12provides access to a principal structure, as defined by rule by the department.
AB655-ASA2,21,1413
2. Construct and maintain a culvert that replaces a culvert that is not exempt
14under sub. (6) (c) and that is in a navigable water that is less than 35 feet wide.
AB655-ASA2,21,1615
3. Construct and maintain a bridge that is supported only by culverts in a
16navigable water that is less than 35 feet wide.
AB655-ASA2,21,1917
(b) The department may promulgate rules that specify bridges or culverts, in
18addition to those listed in par. (a), that may be authorized by statewide general
19permits.
AB655-ASA2,21,2521
30.123
(8) Individual permits. (a) For the construction and maintenance of a
22bridge or culvert that is not exempt under sub. (6) and that is not subject to a general
23permit under sub. (7), a person may apply to the department for the individual
24permit that is required under sub. (2) in order to construct or maintain a bridge or
25culvert.
AB655-ASA2,22,2
1(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an
2application under par. (a).
AB655-ASA2, s. 68
3Section
68. 30.13 (1m) (intro.) of the statutes is amended to read:
AB655-ASA2,22,74
30.13
(1m) Swimming rafts allowed without permit under certain
5circumstances. (intro.) A riparian
proprietor
owner may place a swimming raft in
6a navigable waterway for swimming and diving purposes without obtaining a permit
7under s. 30.12 if all of the following conditions are met:
AB655-ASA2,22,109
30.13
(1m) (b) The swimming raft does not interfere with rights of other
10riparian
proprietors owners.
AB655-ASA2,22,1612
30.13
(4) (a)
Interferes with public rights. A wharf or pier which interferes with
13public rights in navigable waters constitutes an unlawful obstruction of navigable
14waters unless
a permit is issued for the wharf or pier
is authorized under a permit
15issued under s. 30.12 or unless
other authorization for the wharf or pier is expressly
16provided.
AB655-ASA2,22,2218
30.13
(4) (b)
Interferes with riparian rights. A wharf or pier which interferes
19with rights of other riparian
proprietors owners constitutes an unlawful obstruction
20of navigable waters unless
a permit is issued for the wharf or pier
is authorized
21under a permit issued under s. 30.12 or unless
other authorization for the wharf or
22pier is expressly provided.
AB655-ASA2, s. 73
24Section
73. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (1)
25(intro.) and amended to read:
AB655-ASA2,23,4
130.135
(1) (intro.) A riparian
proprietor may place owner placing a water ski
2platform or water ski jump in a navigable waterway
without obtaining a is exempt
3from the permit
requirements under this chapter if all of the following requirements
4are met:
AB655-ASA2, s. 74
5Section
74. 30.135 (1) (a) 1. of the statutes is renumbered 30.135 (1) (a).
AB655-ASA2, s. 75
6Section
75. 30.135 (1) (a) 2. of the statutes is renumbered 30.135 (1) (b) and
7amended to read:
AB655-ASA2,23,98
30.135
(1) (b) The platform or jump does not interfere with rights of other
9riparian
proprietors owners.
AB655-ASA2, s. 76
10Section
76. 30.135 (1) (a) 3. of the statutes is renumbered 30.135 (1) (c).