AB514: Bill Text

AB514, s. 98 Section 98. 30.1255 of the statutes is renumbered 30.352.

AB514, s. 99 Section 99. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266 (title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read:

AB514,34,3 30.266 (5) (g) May not have improper flotation devices. No person may construct, place, or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft, and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment, and maintenance of flotation devices used on fishing rafts. This paragraph applies to any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.

AB514, s. 100 Section 100. 30.126 (10) (title) and (a) (title) of the statutes are repealed.

AB514, s. 101 Section 101. 30.126 (10) (a) of the statutes is renumbered 30.381 (3) (a) and amended to read:

AB514,34,11 30.381 (3) (a) A person who violates this section, any rule promulgated under this section s. 30.266 or any order issued by the department under this section s. 30.266 shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes during which a fishing raft exists in violation of s. 30.266 is a separate offense.

AB514, s. 102 Section 102. 30.126 (10) (b) (title) of the statutes is repealed.

AB514, s. 103 Section 103. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and amended to read:

AB514,34,18 30.381 (3) (b) A person who violates any ordinance adopted or order issued by the municipality under this section s. 30.266 is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par. (a).

AB514, s. 104 Section 104. 30.13 (title) and (1) (intro.), (b) and (c) of the statutes are amended to read:

AB514,35,2 30.13 (title) Regulation of wharves, piers , and swimming rafts; establishment of pierhead lines. (1) Construction allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,4 (b) The wharf or pier does not interfere with rights of other riparian proprietors owners.

AB514,35,6 (c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3) s. 30.323.

AB514, s. 105 Section 105. 30.13 (1m) (intro.) and (b) of the statutes are amended to read:

AB514,35,11 30.13 (1m) Swimming rafts allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,13 (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

AB514, s. 106 Section 106. 30.13 (3) (title) of the statutes is repealed.

AB514, s. 107 Section 107. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1) (a), as renumbered, is amended to read:

AB514,35,24 30.323 (1) (a) Any municipality authorized by s. 30.11 30.321 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

AB514, s. 108 Section 108. 30.13 (4) (b) of the statutes is amended to read:

AB514,36,4 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors owners constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier under s. 30.12 or unless authorization for the wharf or pier is expressly provided.

AB514, s. 109 Section 109. 30.13 (4) (c) of the statutes is amended to read:

AB514,36,21 30.13 (4) (c) Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under sub. (3) s. 30.323 constitutes an unlawful obstruction of navigable waters unless a valid permit, license, or authorization for the wharf or pier is granted issued or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of par. (a) or (b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.

AB514, s. 110 Section 110. 30.13 (6) (title) of the statutes is repealed.

AB514, s. 111 Section 111. 30.13 (6) of the statutes is renumbered 30.323 (2).

AB514, s. 112 Section 112. 30.131 of the statutes is renumbered 30.283, and 30.283 (1) (intro.) and (f) and (2), as renumbered, are amended to read:

AB514,37,6 30.283 (1) (intro.) Notwithstanding s. 30.133 30.095, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) and 30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:

AB514,37,9 (f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter subchapter and with any applicable municipal regulations or ordinances.

AB514,37,12 (2) Notwithstanding s. 30.133 30.095, an easement under sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.

AB514, s. 113 Section 113. 30.133 of the statutes is renumbered 30.095.

AB514, s. 114 Section 114. 30.134 of the statutes is renumbered 30.85.

AB514, s. 115 Section 115. 30.135 (1) (title) of the statutes is repealed and recreated to read:

AB514,37,17 30.135 (1) (title) Placement allowed without permit under certain circumstances.

AB514, s. 116 Section 116. 30.135 (1) (a) (intro.) and 2. of the statutes are amended to read:

AB514,37,21 30.135 (1) (a) A riparian proprietor owner may place a water ski platform or water ski jump in a navigable waterway without obtaining a permit if all of the following requirements are met:

AB514,37,23 2. The platform or jump does not interfere with rights of other riparian proprietors owners.

AB514, s. 117 Section 117. 30.135 (2) (a) and (4) of the statutes are amended to read:

AB514,38,12 30.135 (2) (a) Upon receipt of a complete permit application, the department shall either order a hearing or provide notice stating that it will proceed on the application without a hearing unless a substantive written objection to issuance of the permit is received within 30 days after publication of the notice. The department shall provide a copy of the notice to the applicant for the permit, the clerk of each municipality in which the water ski platform or water ski jump is to be located to each representative of a local governmental unit required to receive notice under s. 30.04 (3), and to any other person required by law to receive notice. The department may provide notice to other persons as it considers appropriate. The applicant shall publish the notice as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area to be affected by the permit. The applicant shall file proof of publication under this paragraph with the department.

AB514,38,15 (4) Exemption. Section 30.02 does The procedures under ss. 30.244, 30.245, and 30.246 do not apply to a permit applications submitted application under this section.

AB514, s. 118 Section 118. 30.14 (title) of the statutes is repealed.

AB514, s. 119 Section 119. 30.14 (1) (title) of the statutes is repealed.

AB514, s. 120 Section 120. 30.14 (1) of the statutes is renumbered 30.327.

AB514, s. 121 Section 121. 30.14 (2) of the statutes is renumbered 30.247 and amended to read:

AB514,39,3 30.247 Hearings by department. Upon complaint by any person to the department that any wharf, pier, or other structure exists in navigable water in violation of s. 30.12 or, 30.13, or 30.207 30.223 or that any wharf, pier, or other structure proposed to be built in navigable water will violate s. 30.12 or, 30.13, or 30.207 30.223, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.

AB514, s. 122 Section 122. 30.15 (title) of the statutes is repealed.

AB514, s. 123 Section 123. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and amended to read:

AB514,39,7 30.98 (1) (title) Obstructions penalized.

AB514, s. 124 Section 124. 30.15 (1) (intro.) of the statutes is renumbered 30.98 (1) (intro.).

AB514, s. 125 Section 125. 30.15 (1) (a), (b) and (c) of the statutes are renumbered 30.98 (1) (a), (b) and (c) and amended to read:

AB514,39,12 30.98 (1) (a) Unlawfully obstructs any navigable waters water and thereby impairs the free navigation thereof of the navigable water.

AB514,39,15 (b) Unlawfully places in any navigable waters or in any tributary thereof water any substance that may float into and obstruct any such waters navigable water or that may impede their free navigation of any navigable water.

AB514,39,18 (c) Constructs or maintains in any navigable waters, water any boom not authorized by law or aids in the construction or maintenance therein, of any such boom not authorized by law.

AB514, s. 126 Section 126. 30.15 (1) (d) of the statutes is renumbered 30.381 (4) (a) and amended to read:

AB514,39,25 30.381 (4) (a) Constructs Except as provided in par. (b), any person who constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12 or 30.13 shall forfeit not less than $100 nor more than $500 for each offense. Each day during which a structure or deposit of material exists in violation of s. 30.12 is a separate offense under this paragraph.

AB514, s. 127 Section 127. 30.15 (3) (title) of the statutes is repealed.

AB514, s. 128 Section 128. 30.15 (3) of the statutes is renumbered 30.98 (2).

AB514, s. 129 Section 129. 30.16 of the statutes is renumbered 30.95.

AB514, s. 130 Section 130. 30.18 (1) (intro.) of the statutes is created to read:

AB514,40,5 30.18 (1) Definitions. (intro.) In this section:

AB514, s. 131 Section 131. 30.18 (1) (b) of the statutes is created to read:

AB514,40,9 30.18 (1) (b) "Major diversion" means a diversion that will result in a water loss averaging, in any 30-day period, at least 2,000,000 gallons per day above a permittee's authorized base level of water loss.

AB514, s. 132 Section 132. 30.18 (2) (a) (intro.) of the statutes is amended to read:

AB514,40,14 30.18 (2) (a) Streams Diversions from streams. (intro.) No Unless a permit has been issued under this section, no person may divert water from a stream in this state without a permit under this section if the diversion meets either of the following conditions if any of the following applies:

AB514, s. 133 Section 133. 30.18 (2) (b) of the statutes is amended to read:

AB514,40,22 30.18 (2) (b) Streams or Major diversions from streams or lakes. No Unless a permit has been issued under this section, no person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without a permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss is a major diversion. This paragraph does not apply to a person who is required to obtain an approval under s. 281.41.

AB514, s. 134 Section 134. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are repealed.

AB514, s. 135 Section 135. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and amended to read:

AB514,41,5 30.18 (3m) (a) For a diversion under sub. (2) (a) 2., the application shall include written Written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.

AB514, s. 136 Section 136. 30.18 (3) (a) 4. of the statutes is repealed.

AB514, s. 137 Section 137. 30.18 (3) (b) of the statutes is repealed.

AB514, s. 138 Section 138. 30.18 (3m) (intro.) of the statutes is created to read:

AB514,41,11 30.18 (3m) Applications for permits; specific requirements. (intro.) An application for a permit under this section to divert water from a stream for the purpose of agriculture or irrigation shall include all of the following:

AB514, s. 139 Section 139. 30.18 (3m) (b) of the statutes is created to read:

AB514,41,15 30.18 (3m) (b) Evidence of permission or authority to enter any land through which it is proposed to divert the water for the purpose of obtaining information required for drafting the plans for the project.

AB514, s. 140 Section 140. 30.18 (4) (title) of the statutes is repealed and recreated to read:

AB514,41,17 30.18 (4) (title) Action by department.

AB514, s. 141 Section 141. 30.18 (4) (a) of the statutes is renumbered 30.18 (4) (a) (intro.) and amended to read:

AB514,42,2 30.18 (4) (a) (intro.) Upon receipt of a complete application for a permit under this section, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4) either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244. In addition to the notice requirements under s. 30.02 (3) and (4) 30.246 (2), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the all of the following:

AB514,42,4 2. The clerk of the next town municipality that is the next municipality downstream, to the from the point of the proposed diversion.

AB514,42,7 3. The clerk of any village or city each municipality in which the lake or stream from which water is proposed to be diverted is located and which is adjacent to any municipality in which the diversion will take place and to each.

AB514,42,8 4. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB514, s. 142 Section 142. 30.18 (4) (a) 1. of the statutes is created to read:

AB514,42,10 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.

AB514, s. 143 Section 143. 30.18 (4) (b) of the statutes is amended to read:

AB514,42,15 30.18 (4) (b) If a hearing on the application for a permit under this section is conducted as a part of a hearing under s. 293.43, the notice and hearing provisions in that section supersede the notice, mediation, and hearing provisions of par. (a) under ss. 30.244 and 30.246.

AB514, s. 144 Section 144. 30.18 (5) (title) of the statutes is repealed and recreated to read:

AB514,42,17 30.18 (5) (title) Issuance of permits.

AB514, s. 145 Section 145. 30.18 (5) (a) (intro.) of the statutes is amended to read:

AB514,42,21 30.18 (5) (a) Streams Diversions from streams. (intro.) The department shall approve an application for issue a permit required under sub. (2) (a) if the department determines both that all of the following conditions apply: