Amendment ASA2-AB655

AB655-ASA2,27,3 a. The portion of land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 300 feet.

AB655-ASA2,27,7 b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 10 percent.

AB655-ASA2,27,9 1m. The rule promulgated under sub. 1. may apply to specific priority navigable waterways or to classes of priority navigable waterways.

AB655-ASA2,27,12 2. For navigable waterways that are not priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

AB655-ASA2,27,15 a. The portion of the land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 75 feet.

AB655-ASA2,27,19 b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 12 percent.

AB655-ASA2,27,21 2m. The rule promulgated under subd. 1. may apply to specific navigable waterways or to classes of navigable waterways.

AB655-ASA2,27,25 (am) The rule under this subsection may not require or allow the department to deviate from, or create an exemption from, the requirements of the rules promulgated under this section in determining what constitutes a bank at an individual, specific site.

AB655-ASA2,28,3 (b) In promulgating the rule under this subsection, the determination under this subsection of what constitutes a bank may not include any land where the slope or drainage of the land into the navigable waterway is completely interrupted.

AB655-ASA2,28,7 (c) To the extent practicable, the rule under this subsection shall be consistent with rules promulgated by the department that relate to shorelands, as defined in s. 59.692 (1) (b), and floodplains, and rules promulgated under s. 281.16 (2) that relate to protective areas for wetlands and waterways.

AB655-ASA2,28,10 (d) In promulgating the rule under this subsection, the department shall consider public rights and interests for the purpose of furthering the public trust in navigable waters.

AB655-ASA2, s. 90 Section 90. 30.19 (1m) (intro.) of the statutes is amended to read:

AB655-ASA2,28,14 30.19 (1m) Exception Exemptions. (intro.) Subsection (1) does not apply to A person is exempt from the permit requirements under this section for any of the following:

AB655-ASA2, s. 91 Section 91. 30.19 (1m) (a) of the statutes is amended to read:

AB655-ASA2,28,16 30.19 (1m) (a) The construction and or repair of any public highways highway.

AB655-ASA2, s. 92 Section 92. 30.19 (1m) (b) of the statutes is amended to read:

AB655-ASA2,28,18 30.19 (1m) (b) Any agricultural uses use of land.

AB655-ASA2, s. 93 Section 93. 30.19 (1m) (c) of the statutes is amended to read:

AB655-ASA2,28,21 30.19 (1m) (c) Any An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

AB655-ASA2, s. 94 Section 94. 30.19 (1m) (cm) of the statutes is created to read:

AB655-ASA2,28,24 30.19 (1m) (cm) Any activity that affects a portion of Lake Michigan or of Lake Superior that is located within a county having a population of 750,000 or more.

AB655-ASA2, s. 95 Section 95. 30.19 (1m) (d) of the statutes is amended to read:

AB655-ASA2,29,3 30.19 (1m) (d) Those portions Any activity that affects a portion of a navigable streams, Lake Michigan or Lake Superior stream that is located within any a county having a population of 750,000 or more.

AB655-ASA2, s. 96 Section 96. 30.19 (1m) (e) of the statutes is amended to read:

AB655-ASA2,29,7 30.19 (1m) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized an artificial water body done pursuant to a permit or legislative authorization under sub. (1) (a) or (b) (1g) (a) or (am).

AB655-ASA2, s. 97 Section 97. 30.19 (2) of the statutes is repealed.

AB655-ASA2, s. 98 Section 98. 30.19 (3) of the statutes is repealed.

AB655-ASA2, s. 99 Section 99. 30.19 (3r) of the statutes is created to read:

AB655-ASA2,29,12 30.19 (3r) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize persons to do all of the following:

AB655-ASA2,29,15 1. Engage in an activity specified in sub. (1g) (am) substantially in accordance with best management practices required for storm water discharge permits under ch. 283.

AB655-ASA2,29,16 2. Engage in an activity specified in sub. (1g) (c).

AB655-ASA2,29,19 (b) The department may promulgate rules that specify other types of activities, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655-ASA2, s. 100 Section 100. 30.19 (4) (title) of the statutes is amended to read:

AB655-ASA2,29,21 30.19 (4) (title) Issuance of permit Individual permits.

AB655-ASA2, s. 101 Section 101. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and amended to read:

AB655-ASA2,30,2 30.19 (4) (c) (intro.) If the The department finds that the project will not injure public rights or interest, including fish and game habitat, that the project shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following apply:

AB655-ASA2,30,4 2. The activity will not cause environmental pollution , as defined in s. 299.01 (4), that any.

AB655-ASA2,30,7 3. Any enlargement connected to a navigable waterways conforms to the requirement of waterway complies with all of the laws for the relating to platting of land and for sanitation and that no.

AB655-ASA2,30,11 4. No material injury will result to the riparian rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways of real property that abuts any water body that is affected by the activity.

AB655-ASA2, s. 102 Section 102. 30.19 (4) (a) of the statutes is created to read:

AB655-ASA2,30,16 30.19 (4) (a) For activities that are not exempt under sub. (1m) and that are not subject to a general permit under sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under sub. (1g).

AB655-ASA2, s. 103 Section 103. 30.19 (4) (b) of the statutes is created to read:

AB655-ASA2,30,19 30.19 (4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

AB655-ASA2, s. 104 Section 104. 30.19 (4) (c) 1. of the statutes is created to read:

AB655-ASA2,30,21 30.19 (4) (c) 1. The activity will not be detrimental to the public interest.

AB655-ASA2, s. 105 Section 105. 30.19 (5) of the statutes is amended to read:

AB655-ASA2,31,5 30.19 (5) Conditions of permit Requirement for public access. The A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall provide that all require that the navigable portion of the artificial waterways constructed under this section which are connected to navigable waterways shall be water body be a public waterways waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.

AB655-ASA2, s. 106 Section 106. 30.195 (1) of the statutes is amended to read:

AB655-ASA2,31,10 30.195 (1) Permit required. No Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.

AB655-ASA2, s. 107 Section 107. 30.195 (2) of the statutes is repealed and recreated to read:

AB655-ASA2,31,14 30.195 (2) Individual permits. (a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1).

AB655-ASA2,31,16 (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

AB655-ASA2, s. 108 Section 108. 30.195 (3) (title) of the statutes is repealed.

AB655-ASA2, s. 109 Section 109. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and amended to read:

AB655-ASA2,31,22 30.195 (2) (c) Upon application therefor, the The department shall grant a issue an individual permit to the applied for under this section to a riparian owner if the department determines that all of the following apply:

AB655-ASA2,31,25 1. The applicant is the owner of any land to change the course of or straighten a upon which the change in course or straightening of the navigable stream on such land, if such will occur.

AB655-ASA2,32,2 2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the owner's applicant's land and will.

AB655-ASA2,32,5 3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or the public interest.

AB655-ASA2,32,12 4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparians riparian owners located on the stream. If the department finds that the rights of such riparians will be adversely affected, it may grant the permit only with their consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing or all of these riparian owners have consented to the issuance of the permit.

AB655-ASA2, s. 110 Section 110. 30.196 (intro.) of the statutes is amended to read:

AB655-ASA2,32,20 30.196 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality a an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) 30.208 (3) to (5) if it finds that granting the permit:

AB655-ASA2, s. 111 Section 111. 30.20 (1) (title) of the statutes is repealed and recreated to read:

AB655-ASA2,32,22 30.20 (1) (title) Permits or contracts required.

AB655-ASA2, s. 112 Section 112. 30.20 (1) (a) of the statutes is amended to read:

AB655-ASA2,33,3 30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2) (a) or (b) or authorization has been granted by the legislature, no person may remove any material from the bed of any a natural navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).

AB655-ASA2, s. 113 Section 113. 30.20 (1) (b) of the statutes is amended to read:

AB655-ASA2,33,10 30.20 (1) (b) Except as provided under pars. (c) and (d), Unless an individual or a general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not mentioned described under par. (a) without first obtaining a permit from the department under sub. (2) (c).

AB655-ASA2, s. 114 Section 114. 30.20 (1) (c) 1. and 2. of the statutes are consolidated, renumbered 30.20 (1g) (a) 1. and amended to read:

AB655-ASA2,33,19 30.20 (1g) (a) 1. Except as provided under subd. 2., a person may remove A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching. 2. The department may require a permit under sub. (2) (c) for a removal under subd. 1. only if it is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.

AB655-ASA2, s. 115 Section 115. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.

AB655-ASA2, s. 116 Section 116. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and amended to read:

AB655-ASA2,34,5 30.20 (1g) (c) The A removal of material by the drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB655-ASA2, s. 117 Section 117. 30.20 (1g) (title) and (b) of the statutes are created to read:

AB655-ASA2,34,7 30.20 (1g) (title) Exemptions.

AB655-ASA2,34,11 (b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies:

AB655-ASA2,34,13 1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter.

AB655-ASA2,34,15 2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power.

AB655-ASA2, s. 118 Section 118. 30.20 (1k) of the statutes is created to read:

AB655-ASA2,34,18 30.20 (1k) Rules. (a) The department may promulgate rules concerning the exempt activities under sub. (1g) that only do any of the following:

AB655-ASA2,34,20 1. Establish reasonable procedures for undertaking the removal of material to minimize environmental impacts.

AB655-ASA2,34,22 2. Establish reasonable limitations on the location of the removal of material at the site affected by the activity.

AB655-ASA2,34,25 (b) Notwithstanding par. (a), the rules under par. (a) 1. may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.

AB655-ASA2, s. 119 Section 119. 30.20 (1m) of the statutes is created to read:

AB655-ASA2,35,7 30.20 (1m) Permits or contracts in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (1g) apply for an individual permit or contract, or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

AB655-ASA2,35,8 (a) Significant adverse impacts to the public rights and interests.

AB655-ASA2,35,9 (b) Environmental pollution, as defined in s. 299.01 (4).

AB655-ASA2,35,10 (c) Material injury to the riparian rights of any riparian owner.

AB655-ASA2, s. 120 Section 120. 30.20 (1r) of the statutes is created to read:

AB655-ASA2,35,16 30.20 (1r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.