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, s. 91 15Section 91. 30.19 (1m) (a) of the statutes is amended to read:
AB655-ASA2,28,1616 30.19 (1m) (a) The construction and or repair of any public highways highway.
AB655-ASA2, s. 92 17Section 92. 30.19 (1m) (b) of the statutes is amended to read:
AB655-ASA2,28,1818 30.19 (1m) (b) Any agricultural uses use of land.
AB655-ASA2, s. 93 19Section 93. 30.19 (1m) (c) of the statutes is amended to read:
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, s. 94 22Section 94. 30.19 (1m) (cm) of the statutes is created to read:
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, s. 95 25Section 95. 30.19 (1m) (d) of the statutes is amended to read:
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, s. 96 4Section 96. 30.19 (1m) (e) of the statutes is amended to read:
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, s. 97 8Section 97. 30.19 (2) of the statutes is repealed.
AB655-ASA2, s. 98 9Section 98. 30.19 (3) of the statutes is repealed.
AB655-ASA2, s. 99 10Section 99. 30.19 (3r) of the statutes is created to read:
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, s. 100 20Section 100. 30.19 (4) (title) of the statutes is amended to read:
AB655-ASA2,29,2121 30.19 (4) (title) Issuance of permit Individual permits.
AB655-ASA2, s. 101 22Section 101. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and
23amended to read:
AB655-ASA2,30,224 30.19 (4) (c) (intro.) If the The department finds that the project will not injure
25public rights or interest, including fish and game habitat, that the project
shall issue

1an individual permit pursuant to an application under par. (a) if the department
2finds that all of the following apply:
AB655-ASA2,30,4 32. The activity will not cause environmental pollution , as defined in s. 299.01
4(4), that any.
AB655-ASA2,30,7 53. Any enlargement connected to a navigable waterways conforms to the
6requirement of
waterway complies with all of the laws for the relating to platting of
7land and for sanitation and that no.
AB655-ASA2,30,11 84. No material injury will result to the riparian rights of any riparian owners
9on any body of water affected will result, the department shall issue a permit
10authorizing the enlargement of the affected waterways
of real property that abuts
11any water body that is affected by the activity
.
AB655-ASA2, s. 102 12Section 102. 30.19 (4) (a) of the statutes is created to read:
AB655-ASA2,30,1613 30.19 (4) (a) For activities that are not exempt under sub. (1m) and that are
14not subject to a general permit under sub. (3r), a person may apply to the department
15for an individual permit in order to engage in an activity for which a permit is
16required under sub. (1g).
AB655-ASA2, s. 103 17Section 103. 30.19 (4) (b) of the statutes is created to read:
AB655-ASA2,30,1918 30.19 (4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to
19an application under par. (a).
AB655-ASA2, s. 104 20Section 104. 30.19 (4) (c) 1. of the statutes is created to read:
AB655-ASA2,30,2121 30.19 (4) (c) 1. The activity will not be detrimental to the public interest.
AB655-ASA2, s. 105 22Section 105. 30.19 (5) of the statutes is amended to read:
AB655-ASA2,31,523 30.19 (5) Conditions of permit Requirement for public access. The A permit
24issued under this section to construct an artificial water body and to connect it to a
25navigable waterway
shall provide that all require that the navigable portion of the

1artificial waterways constructed under this section which are connected to navigable
2waterways shall be
water body be a public waterways waterway if the connecting
3portion is navigable
. The department may impose such further conditions in the
4permit on public access as it finds reasonably necessary to protect public health,
5safety, welfare, rights and interest and to protect private rights and property.
AB655-ASA2, s. 106 6Section 106. 30.195 (1) of the statutes is amended to read:
AB655-ASA2,31,107 30.195 (1) Permit required. No Unless a permit has been issued under this
8section or authorization has been granted by the legislature, no
person may change
9the course of or straighten a navigable stream without a permit issued under this
10section or without otherwise being expressly authorized by statute to do so
.
AB655-ASA2, s. 107 11Section 107. 30.195 (2) of the statutes is repealed and recreated to read:
AB655-ASA2,31,1412 30.195 (2) Individual permits. (a) A riparian owner shall apply to the
13department for an individual permit in order to engage in activities for which a
14permit is required under sub. (1).
AB655-ASA2,31,1615 (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an
16application under par. (a).
AB655-ASA2, s. 108 17Section 108. 30.195 (3) (title) of the statutes is repealed.
AB655-ASA2, s. 109 18Section 109. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and
19amended to read:
AB655-ASA2,31,2220 30.195 (2) (c) Upon application therefor, the The department shall grant a
21issue an individual permit to the applied for under this section to a riparian owner
22if the department determines that all of the following apply:
AB655-ASA2,31,25 231. The applicant is the owner of any land to change the course of or straighten
24a
upon which the change in course or straightening of the navigable stream on such
25land, if such
will occur.
AB655-ASA2,32,2
12. The proposed change of course or straightening of the navigable stream will
2improve the economic or aesthetic value of the owner's applicant's land and will.
AB655-ASA2,32,5 33. The proposed change of course or straightening of the navigable stream will
4not adversely affect the flood flow capacity of the stream or otherwise be detrimental
5to public rights or the public interest.
AB655-ASA2,32,12 64. The proposed change of course or straightening of the navigable stream will
7not be detrimental
to the rights of other riparians riparian owners located on the
8stream. If the department finds that the rights of such riparians will be adversely
9affected, it may grant the permit only with their consent. Such permit may be
10granted on the department's own motion after its own investigation or after public
11hearing and after giving prior notice of such investigation or hearing
or all of these
12riparian owners have consented to the issuance of the permit
.
AB655-ASA2, s. 110 13Section 110. 30.196 (intro.) of the statutes is amended to read:
AB655-ASA2,32,20 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-ASA2, s. 111 21Section 111. 30.20 (1) (title) of the statutes is repealed and recreated to read:
AB655-ASA2,32,2222 30.20 (1) (title) Permits or contracts required.
AB655-ASA2, s. 112 23Section 112. 30.20 (1) (a) of the statutes is amended to read:
AB655-ASA2,33,324 30.20 (1) (a) No Unless a contract has been entered into with the department
25under sub. (2) (a) or (b) or authorization has been granted by the legislature, no


1person may remove any material from the bed of any a natural navigable lake or from
2the bed of any outlying waters of this state without first obtaining a contract as
3provided in sub. (2)
.
AB655-ASA2, s. 113 4Section 113. 30.20 (1) (b) of the statutes is amended to read:
AB655-ASA2,33,105 30.20 (1) (b) Except as provided under pars. (c) and (d), Unless an individual
6or a general permit has been issued by the department under this section or
7authorization has been granted by the legislature, no
person may remove any
8material from the bed of any lake or navigable stream that is not mentioned
9described under par. (a) without first obtaining a permit from the department under
10sub. (2) (c)
.
AB655-ASA2, s. 114 11Section 114. 30.20 (1) (c) 1. and 2. of the statutes are consolidated, renumbered
1230.20 (1g) (a) 1. and amended to read:
AB655-ASA2,33,1913 30.20 (1g) (a) 1. Except as provided under subd. 2., a person may remove A
14removal of
material from the bed of a farm drainage ditch which was not a navigable
15stream before ditching. 2. The department may require a permit under sub. (2) (c)
16for a removal under subd. 1. only if it
is exempt from the individual and general
17permit requirements under this section unless the department
finds that the
18proposed removal may have a long-term adverse effect on cold-water fishery
19resources or may destroy fish spawning beds or nursery areas.
AB655-ASA2, s. 115 20Section 115. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.
AB655-ASA2, s. 116 21Section 116. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and
22amended to read:
AB655-ASA2,34,523 30.20 (1g) (c) The A removal of material by the drainage board for the Duck
24Creek Drainage District may, without a permit under sub. (2) (c), remove material
25from a drain that the board operates in the Duck Creek Drainage District is exempt

1from the individual and general permit requirements under this section
if the
2removal is required, under rules promulgated by the department of agriculture,
3trade and consumer protection, in order to conform the drain to specifications
4imposed by the department of agriculture, trade and consumer protection after
5consulting with the department of natural resources.
AB655-ASA2, s. 117 6Section 117. 30.20 (1g) (title) and (b) of the statutes are created to read:
AB655-ASA2,34,77 30.20 (1g) (title) Exemptions.
AB655-ASA2,34,118 (b) A removal of material is exempt from the permit and contract requirements
9under this section if the material does not contain hazardous substances, the
10material is not being removed from an area of special natural resource interest, and
11if any of the following applies:
AB655-ASA2,34,1312 1. The removal is the amount necessary to place or maintain a structure that
13is exempt from any permitting requirements in this chapter.
AB655-ASA2,34,1514 2. The removal is by hand or by hand-held devices without the use or aid of
15external or auxiliary power.
AB655-ASA2, s. 118 16Section 118. 30.20 (1k) of the statutes is created to read:
AB655-ASA2,34,1817 30.20 (1k) Rules. (a) The department may promulgate rules concerning the
18exempt activities under sub. (1g) that only do any of the following:
AB655-ASA2,34,2019 1. Establish reasonable procedures for undertaking the removal of material to
20minimize environmental impacts.
AB655-ASA2,34,2221 2. Establish reasonable limitations on the location of the removal of material
22at the site affected by the activity.
AB655-ASA2,34,2523 (b) Notwithstanding par. (a), the rules under par. (a) 1. may not establish
24procedures that prohibit undertaking the removal of material or that render the
25undertaking of the removal of material economically cost-prohibitive.
AB655-ASA2, s. 119
1Section 119. 30.20 (1m) of the statutes is created to read:
AB655-ASA2,35,72 30.20 (1m) Permits or contracts in lieu of exemptions. The department may
3decide to require that a person engaged in an activity that is exempt under sub. (1g)
4apply for an individual permit or contract, or seek authorization under a general
5permit if the department has conducted an investigation and visited the site of the
6activity and has determined that conditions specific to the site require restrictions
7on the activity in order to prevent any of the following:
AB655-ASA2,35,88 (a) Significant adverse impacts to the public rights and interests.
AB655-ASA2,35,99 (b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA2,35,1010 (c) Material injury to the riparian rights of any riparian owner.
AB655-ASA2, s. 120 11Section 120. 30.20 (1r) of the statutes is created to read:
AB655-ASA2,35,1612 30.20 (1r) Exemption determinations. (a) A person may submit to the
13department a written statement requesting that the department determine whether
14a proposed activity is exempt under sub. (1g). The statement shall contain a
15description of the proposed activity and site and shall give the department consent
16to enter and inspect the site.
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