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).
AB655-ASA2, s. 77
11Section
77. 30.135 (1) (b) of the statutes is renumbered 30.135 (2) and
12amended to read:
AB655-ASA2,23,1613
30.135
(2) If the department determines that any of the requirements under
14par. (a) sub. (1) are not met, the riparian owner shall submit
a permit an application
15for an individual permit to the department.
The notice and hearing provisions under
16s. 30.208 (3) to (5) apply to the application.
AB655-ASA2, s. 78
17Section
78. 30.135 (2), (3) and (4) of the statutes are repealed.
AB655-ASA2, s. 79
18Section
79. 30.18 (2) (a) (intro.) of the statutes is amended to read:
AB655-ASA2,23,2119
30.18
(2) (a)
Streams. (intro.) No person may divert water from a stream in
20this state without
a an individual permit under this section if the diversion meets
21either of the following conditions:
AB655-ASA2,24,223
30.18
(2) (b)
Streams or lakes. No person, except a person required to obtain
24an approval under s. 281.41, may divert water from any lake or stream in this state
25without
a an individual permit under this section if the diversion will result in a
1water loss averaging 2,000,000 gallons per day in any 30-day period above the
2person's authorized base level of water loss.
AB655-ASA2,24,114
30.18
(4) (a) Upon receipt of a complete application, the department shall
5follow the notice and hearing procedures under s.
30.02 (3) and (4) 30.208 (3) to (5).
6In addition to
the notice requirements providing notice as required under s.
30.02 (3)
7and (4) 30.208 (3) to (5), the department shall mail a copy of the notice to every person
8upon whose land any part of the canal or any other structure will be located, to the
9clerk of the next town downstream, to the clerk of any village or city in which the lake
10or stream is located and which is adjacent to any municipality in which the diversion
11will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB655-ASA2,24,1613
30.18
(6) (b)
Use of water. A person issued a permit
under this section for the
14purpose of irrigation or agriculture may use the water on any land contiguous to the
15permittee's riparian land, but may not withdraw more water than it did before
16August 1, 1957, without applying to the department for a modification of the permit.
AB655-ASA2, s. 83
17Section
83. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.)
18and amended to read:
AB655-ASA2,24,2219
30.19
(1g) Permits required. (intro.) Unless
a an individual or a general 20permit has been
granted by the department issued under this section or
21authorization has been granted by the legislature,
it is unlawful no person may do
22any of the following:
AB655-ASA2, s. 84
23Section
84. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and
24amended to read:
AB655-ASA2,25,4
130.19
(1g) (a)
To construct
Construct, dredge
, or enlarge any artificial
2waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the
3purpose is ultimate connection with an existing navigable stream, lake or other
4navigable waters, or where water body that connects with a navigable waterway.
AB655-ASA2,25,9
5(am) Construct, dredge, or enlarge any part of
the an artificial
waterway water
6body that is located within 500 feet of the ordinary high-water mark of an existing
7navigable
stream, lake or other navigable waters
waterway, including a stormwater
8management pond that does not discharge into a navigable waterway except as a
9result of storm events.
AB655-ASA2, s. 86
11Section
86. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and
12amended to read:
AB655-ASA2,25,1513
30.19
(1g) (c)
To grade or otherwise
Grade or remove
top soil topsoil from the
14bank of any navigable
stream, lake or other body of navigable water waterway where
15the area exposed by
such the grading or removal will exceed 10,000 square feet.
AB655-ASA2,25,1717
30.19
(1b) Definition. In this section:
AB655-ASA2,25,1918
(a) "Artificial water body" means a proposed or existing body of water that does
19not have a history of being a lake or stream or of being part of a lake or stream.
AB655-ASA2,25,2020
(b) "Bank" means either of the following:
AB655-ASA2,25,2121
1. Land area that is, in size, the greater of the following:
AB655-ASA2,25,2322
a. The portion of land surface that extends 75 feet landward from the ordinary
23high-water mark of any navigable waterway.
AB655-ASA2,26,3
1b. The portion of land surface extending landward from the ordinary
2high-water mark of any navigable waterway to the point where the slope is less than
312 percent.
AB655-ASA2,26,44
2. A bank as determined by the department by rule under sub. (1d).
AB655-ASA2,26,55
(c) "Priority navigable waterway" means any of the following:
AB655-ASA2,26,76
1. A navigable waterway, or a portion of a navigable waterway, that is identified
7as an outstanding or exceptional resource water under s. 281.15.
AB655-ASA2,26,98
2. A navigable waterway, or a portion of a navigable waterway, identified as a
9trout stream.
AB655-ASA2,26,1010
3. A lake that is less than 50 acres in size.
AB655-ASA2,26,1311
4. Any other navigable waterway, or portion of a navigable waterway, that the
12department has determined, by rule, contains sensitive fish and aquatic habitat and
13that the department has specifically identified by rule.
AB655-ASA2,26,1815
30.19
(1c) Definition; applicability. The definition of "bank" under sub. (1b)
16does not apply after the 90th day after the day the rule under sub. (1d) is submitted
17to legislative council staff under s. 227.15 (1) or the day that the rule promulgated
18under sub. (1d) goes into effect, whichever is earlier.
AB655-ASA2,26,2220
30.19
(1d) Rules; banks of navigable waterways. (a) The department shall
21promulgate a rule to determine what constitutes a bank for purposes of this section
22in accordance with all of the following:
AB655-ASA2,26,2423
1. For priority navigable waterways, the department shall promulgate a rule
24stating that a bank is, in size, the greater of the following:
AB655-ASA2,27,3
1a. The portion of land surface that extends a certain distance landward from
2the ordinary high-water mark of the navigable waterway, but the distance under the
3rule may not exceed 300 feet.
AB655-ASA2,27,74
b. The portion of land surface that extends landward from the ordinary
5high-water mark of the navigable waterway to the point where the slope is measured
6to be a certain percentage, but the percentage under the rule may not be less than
710 percent.
AB655-ASA2,27,98
1m. The rule promulgated under sub. 1. may apply to specific priority navigable
9waterways or to classes of priority navigable waterways.
AB655-ASA2,27,1210
2. For navigable waterways that are not priority navigable waterways, the
11department shall promulgate a rule stating that a bank is, in size, the greater of the
12following:
AB655-ASA2,27,1513
a. The portion of the land surface that extends a certain distance landward
14from the ordinary high-water mark of the navigable waterway, but the distance
15under the rule may not exceed 75 feet.
AB655-ASA2,27,1916
b. The portion of land surface that extends landward from the ordinary
17high-water mark of the navigable waterway to the point where the slope is measured
18to be a certain percentage, but the percentage under the rule may not be less than
1912 percent.
AB655-ASA2,27,2120
2m. The rule promulgated under subd. 1. may apply to specific navigable
21waterways or to classes of navigable waterways.
AB655-ASA2,27,2522
(am) The rule under this subsection may not require or allow the department
23to deviate from, or create an exemption from, the requirements of the rules
24promulgated under this section in determining what constitutes a bank at an
25individual, specific site.
AB655-ASA2,28,3
1(b) In promulgating the rule under this subsection, the determination under
2this subsection of what constitutes a bank may not include any land where the slope
3or drainage of the land into the navigable waterway is completely interrupted.
AB655-ASA2,28,74
(c) To the extent practicable, the rule under this subsection shall be consistent
5with rules promulgated by the department that relate to shorelands, as defined in
6s. 59.692 (1) (b), and floodplains, and rules promulgated under s. 281.16 (2) that
7relate to protective areas for wetlands and waterways.
AB655-ASA2,28,108
(d) In promulgating the rule under this subsection, the department shall
9consider public rights and interests for the purpose of furthering the public trust in
10navigable waters.
AB655-ASA2, s. 90
11Section
90. 30.19 (1m) (intro.) of the statutes is amended to read:
AB655-ASA2,28,1412
30.19
(1m) Exception
Exemptions. (intro.)
Subsection (1) does not apply to A
13person is exempt from the permit requirements under this section for any of the
14following:
AB655-ASA2,28,1616
30.19
(1m) (a) The construction
and
or repair of
any public
highways
highway.
AB655-ASA2,28,1818
30.19
(1m) (b) Any agricultural
uses
use of land.
AB655-ASA2,28,2120
30.19
(1m) (c)
Any An activity that affects a navigable inland lake
that is 21located wholly or partly in any county having a population of 750,000 or more.
AB655-ASA2,28,2423
30.19
(1m) (cm) Any activity that affects a portion of Lake Michigan or of Lake
24Superior that is located within a county having a population of 750,000 or more.
AB655-ASA2,29,3
130.19
(1m) (d)
Those portions
Any activity that affects a portion of
a navigable
2streams, Lake Michigan or Lake Superior stream that is located within
any a county
3having a population of 750,000 or more.
AB655-ASA2,29,75
30.19
(1m) (e) Any work required to maintain the original dimensions of an
6enlargement of
a waterway authorized an artificial water body done pursuant to a
7permit or legislative authorization under sub.
(1) (a) or (b) (1g) (a) or (am).
AB655-ASA2,29,1211
30.19
(3r) General permits. (a) The department shall issue statewide general
12permits under s. 30.206 that authorize persons to do all of the following:
AB655-ASA2,29,1513
1. Engage in an activity specified in sub. (1g) (am) substantially in accordance
14with best management practices required for storm water discharge permits under
15ch. 283.
AB655-ASA2,29,1616
2. Engage in an activity specified in sub. (1g) (c).
AB655-ASA2,29,1917
(b) The department may promulgate rules that specify other types of activities,
18in addition to those listed in par. (a), that may be authorized by statewide general
19permits.
AB655-ASA2,29,2121
30.19
(4) (title)
Issuance of permit Individual permits.