AB514: Bill Text

AB514, s. 166 Section 166. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

AB514,47,4 30.19 (1g) (a) To construct Construct, dredge, or enlarge any artificial waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other navigable waters, or where water body that connects with a navigable waterway.

AB514,47,7 (am) Construct, dredge, or enlarge any part of the an artificial waterway water body that is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters waterway.

AB514, s. 167 Section 167. 30.19 (1) (b) of the statutes is renumbered 30.19 (1g) (b) and amended to read:

AB514,47,13 30.19 (1g) (b) To connect any natural or artificially constructed Connect, by a navigable surface channel, any navigable waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway or any artificial water body with an existing body of a navigable water, for navigation or any other purpose waterway.

AB514, s. 168 Section 168. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and amended to read:

AB514,47,18 30.19 (1g) (c) To grade or otherwise Grade or remove top soil topsoil from the bank of any navigable stream, lake or other body of navigable water waterway where the area exposed by such the grading or removal will exceed 10,000 square feet.

AB514, s. 169 Section 169. 30.19 (1b) of the statutes is created to read:

AB514,47,22 30.19 (1b) Definition. In the section, "artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

AB514, s. 170 Section 170. 30.19 (1m) (intro.) of the statutes is amended to read:

AB514,47,25 30.19 (1m) Exception. Exceptions. (intro.) Subsection (1) (1g) does not apply to any of the following:

AB514, s. 171 Section 171. 30.19 (1m) (a) of the statutes is amended to read:

AB514,48,2 30.19 (1m) (a) The construction and or repair of any public highways highway.

AB514, s. 172 Section 172. 30.19 (1m) (b) of the statutes is amended to read:

AB514,48,4 30.19 (1m) (b) Any agricultural uses use of land.

AB514, s. 173 Section 173. 30.19 (1m) (c) and (d) of the statutes are repealed.

Note: Current s. 30.19, which requires a permit for enlargement and protection of waterways, contains an exception for navigable lakes and streams and any portion of Lake Michigan within Milwaukee County. This exception is not included in this bill so that s. 30.19 will apply uniformly to all navigable waters. However, current s. 30.05 (renumbered s. 30.223) continues to apply where lake bed grants have been made.

AB514, s. 174 Section 174. 30.19 (1m) (e) of the statutes is amended to read:

AB514,48,9 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).

AB514, s. 175 Section 175. 30.19 (1m) (f) of the statutes is created to read:

AB514,48,12 30.19 (1m) (f) Any work required to maintain any water body that serves as a connection under sub. (1g) (b).

AB514, s. 176 Section 176. 30.19 (2) (intro.) and (a) to (d) of the statutes are repealed.

AB514, s. 177 Section 177. 30.19 (2) (e) of the statutes is renumbered 30.19 (3b) (b) and amended to read:

AB514,49,2 30.19 (3b) (b) The name and address of the secretary of any property owners' association pertaining formed with respect to the bodies of water affected by the project or if there is no such association, the names and addresses of. If no property owners' association exists, the department shall give notice to at least 5 persons who own real property located adjacent to the bodies of water. If fewer than 5 persons own real property located adjacent to the bodies of water, the names and addresses of such persons that own real estate so located shall be given department shall give notice to all of these persons.

AB514, s. 178 Section 178. 30.19 (2) (f) of the statutes is repealed.

AB514, s. 179 Section 179. 30.19 (3) (title) of the statutes is repealed.

AB514, s. 180 Section 180. 30.19 (3) (a) of the statutes is renumbered 30.19 (3b) (a) and amended to read:

AB514,49,10 30.19 (3b) (a) Section 30.02 (3) and (4) applies to permit applications under sub. (1) (b) and (c). Notice shall be provided to the clerks of the county and The clerk of each municipality in which the project or affected body of water is located and to the persons under sub. (2) (e). For any permit application which affects the.

AB514,49,15 (c) The Milwaukee Metropolitan Sewerage District for a project that would affect the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root River or any tributary of those rivers, special notice shall be given to the Milwaukee metropolitan sewerage district. The metropolitan sewerage district shall have 30 days to respond to the special notice.

AB514, s. 181 Section 181. 30.19 (3) (b) of the statutes is repealed.

AB514, s. 182 Section 182. 30.19 (3b) (intro.) of the statutes is created to read:

AB514,50,2 30.19 (3b) Action by department. (intro.) Upon receipt of a complete application for a permit under sub. (1g), the department shall follow the procedure allowing the department to give notice under s. 30.245 or shall deny the application as provided in s. 30.246 (1). Upon receipt of a complete application for a permit under sub. (1g) (b) or (c) for a project in which there is or will be an effect on navigable waters other than an effect on water quality, the department shall give notice of receipt of the application as provided in s. 30.244 or shall deny the application as provided in s. 30.246 (1). In addition to the notice requirements under s. 30.246 (2), the department shall give notice to all of the following:

Note: This provision continues the applicability of notice and hearing provisions only to permit applications under sub. (2) (b) and (c). Under the current statute, the notice and hearing is not required for dredging artificial water bodies for the purpose of connection to a navigable waterway or where part of the artificial water body is within 500 feet of the ordinary high-water mark of the navigable waterway. In addition, an exemption from the notice and hearing is provided for grading or removing topsoil from the bank of navigable waters where the only effect is on water quality. This exemption allows DNR to develop a "short form" permit for grading or removing topsoil from the bank where advance notice is given to the department and the work conforms to rules of the department that describe methods for such work.

AB514, s. 183 Section 183. 30.19 (4) of the statutes is renumbered 30.19 (4) (intro.) and amended to read:

AB514,50,8 30.19 (4) Issuance of permit. (intro.) If the department finds that the project will not injure public rights or interest, including fish and game habitat, that the The department shall issue a permit under this section if the department determines that all of the following apply:

AB514,50,10 (b) The project will not cause environmental pollution as defined in s. 299.01 (4), that any.

AB514,50,13 (c) 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.

AB514,50,17 (d) No material injury will result to the 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 project.

AB514, s. 184 Section 184. 30.19 (4) (a) of the statutes is created to read:

AB514,50,19 30.19 (4) (a) The project will not be detrimental to the public interest.

AB514, s. 185 Section 185. 30.19 (5) of the statutes is amended to read:

AB514,51,8 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 artificial waterways constructed under this section which are connected to navigable waterways shall be water body be a public waterways . The department may impose such further conditions in the permit as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property waterway.

AB514, s. 186 Section 186. 30.195 (1) of the statutes is amended to read:

AB514,51,13 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.

AB514, s. 187 Section 187. 30.195 (2) of the statutes is repealed and recreated to read:

AB514,51,22 30.195 (2) Action by department. Upon receipt of a complete application for a permit under this section for an activity that involves the relocation of more than a total of 500 feet in stream length, the department shall either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application as provided in s. 30.244. For a permit for an activity that involves the relocation of a total of 500 or less feet in stream length, the department shall either deny the application as provided in s. 30.246 (1) or shall follow the procedure allowing the department to give notice under s. 30.245.

AB514, s. 188 Section 188. 30.195 (3) of the statutes is renumbered 30.195 (3) (intro.) and amended to read:

AB514,52,3 30.195 (3) Granting Issuance of permit. (intro.) Upon application therefor, the The department shall grant issue a permit to the under this section if the department determines that all of the following apply:

AB514,52,6 (a) 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.

AB514,52,8 (b) 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.

AB514,52,11 (c) 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.

AB514,52,18 (d) 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 these riparian owners will be adversely affected, it may grant issue the permit only with their the 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 of all of these riparian owners.

AB514, s. 189 Section 189. 30.195 (4) and (7) of the statutes are repealed.

Note: It is not clear whether current s. 30.195 is subject to the requirement of a notice and hearing. Current s. 30.02 provides that the notice and hearing provisions of that statute apply in any proceeding under ch. 30 where public notice is required. Under s. 30.195 (3), the DNR may issue a permit either on its own motion or after a public hearing. This does not appear to be a clear statement that a public hearing is required, and it is therefore uncertain whether the notice and hearing requirement of current s. 30.02 applies. This bill makes the permit under s. 30.195 subject to the new mandatory notice requirements under s. 30.244 and the new hearing requirements under s. 30.245 for relocation of more than 500 feet of stream length, which corresponds with the division between type II and type III actions regarding stream locations for environmental review under ch. NR 150, Wis. Adm. Code.

This bill eliminates the current provision in s. 30.195 (4) that states that no common law liability and no liability under any other statute for damages resulting from the change in the course of the stream or straightening a stream is affected by s. 30.195. Nothing in current s. 30.195, or s. 30.195 as amended by this bill, suggests that an exemption from liability is created. Compliance with the provisions in a permit under s. 30.195 may have a bearing on the issue of negligence, but current s. 30.195 (4) is unnecessary. Also, the provision in the current statute that creates a presumption of exercising due care in complying with a permit is better addressed by the court as part of a negligence action.

The exception for land owned by Milwaukee County or a city, village or town in Milwaukee County is deleted. This provision was originally created as part of s. 30.195 when it was adopted in 1961, and was added as a floor amendment. This exception is not included in this bill so that s. 30.195 will apply uniformly to all navigable waters.

AB514, s. 190 Section 190. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.), as renumbered, is amended to read:

AB514,53,9 30.313 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 permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) if it the procedures under ss. 30.244 and 30.246 have been followed if the department finds that granting the permit:

AB514, s. 191 Section 191. 30.20 (1) (title) of the statutes is repealed and recreated to read:

AB514,53,11 30.20 (1) (title) Contract or permit required.

AB514, s. 192 Section 192. 30.20 (1) (a) of the statutes is amended to read:

AB514,53,16 30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2), no person may remove any material from the bed of any navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).

AB514, s. 193 Section 193. 30.20 (1) (b) of the statutes is renumbered 30.20 (1) (b) (intro.) and amended to read:

AB514,54,4 30.20 (1) (b) (intro.) Except as provided under pars. (c) and (d), no No person may remove any material from the bed of any lake or stream not mentioned under par. (a) without first obtaining a permit from the department under sub. (2) (c). unless one of the following applies:

AB514, s. 194 Section 194. 30.20 (1) (b) 1. and 2. of the statutes are created to read:

AB514,54,6 30.20 (1) (b) 1. The department has issued the person a permit under sub. (3).

AB514,54,8 2. The department has determined under par. (c) that the removal is exempt from a permit under sub. (3).

AB514, s. 195 Section 195. 30.20 (1) (c) of the statutes is repealed and recreated to read:

AB514,54,17 30.20 (1) (c) The exemption under s. 30.215 does not exempt a person from the permitting requirement under par. (b) if the proposed removal for an agricultural purpose is from a farm drainage ditch and the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas. A person who proposes such a removal shall notify the department at least 10 days before the removal is scheduled to start if the removal may have such a long-term adverse effect or may destroy fish spawning beds or nursery areas.

AB514, s. 196 Section 196. 30.20 (1) (d) of the statutes is renumbered 30.263 (3) and amended to read:

AB514,55,2 30.263 (3) The drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c) s. 30.20 (3), remove material from a drain that the board operates in the Duck Creek Drainage District 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.

AB514, s. 197 Section 197. 30.20 (2) (title), (a) and (b) of the statutes are amended to read:

AB514,55,17 30.20 (2) (title) Contracts for removal from navigable lakes and outlying waters. (a) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any of the outlying waters, and for the lease or sale of the material. Every if the contract is consistent with public rights. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests interest of the state and. Each contract entered into under this paragraph shall fix the compensation to be paid to the state for the material so to be removed, except that no the contract may not require that any compensation may be paid for the material if the contract is with a municipality, as defined in s. 281.01 (6), and if the material is to will be used for a municipal purpose and will not for resale. No be resold. Each contract entered into under this paragraph may not run for a longer period more than 5 years.

AB514,56,11 (b) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any mineral, ore and, or other material from beneath the bed of a navigable lakes and waters, where water that the state may own if the contract will be consistent with public rights and if the waters would navigable water will not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests interest of the state, and. Each contract entered into under this paragraph shall fix the compensation to be paid to the state for the material, mineral and ore so mineral, ore, or other material to be removed. No Each contract entered into, pursuant to under this paragraph, shall may not run for a longer period more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when After mining operations are have begun, the department shall be determined at such future time as determine the date before which the royalties for ores so sold are paid or any mineral, ore, or other material that is removed and sold are due and payable.

AB514, s. 198 Section 198. 30.20 (2) (c) of the statutes is renumbered 30.20 (3) (a) and amended to read:

AB514,56,19 30.20 (3) (a) A permit The department may issue a permit to remove material from the bed of any lake or stream not included described in sub. (1) (a) may be issued by if the department if it finds that the issuance of such a the permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material lake or stream.

AB514, s. 199 Section 199. 30.20 (3) (title) and (b) of the statutes are created to read:

AB514,56,21 30.20 (3) (title) Permits for removal from other waters.

AB514,56,24 (b) If an applicant for a permit under par. (a) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years.

AB514, s. 200 Section 200. 30.20 (4) of the statutes is created to read:

AB514,57,5 30.20 (4) Action by department. (a) Upon receipt of a complete application for a permit or contract under this section for an activity that involves the removal of 3,000 or more cubic yards of material, the department shall either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application as provided in s. 30.244, except as provided in par. (b).

AB514,57,8 (b) The department shall either deny the application as provided in s. 30.246 (1) or shall follow the procedure allowing the department to give notice under s. 30.245 if any of the following applies:

AB514,57,9 1. The activity involves of the removal of less than 3,000 cubic yards of material.

AB514,57,12 2. The activity involves the restoration of the original dimensions of an area legally dredged during the 10 years before the date of application for the permit or contract.

Note: Current s. 30.20 does not contain a requirement for public notice or a hearing under s. 30.02. This bill makes a permit or contract under s. 30.20 subject to the notice and hearing requirements of new ss. 30.244, 30.245, and 30.246 for dredging that involves the removal of more than 3,000 cubic yards, which corresponds with the threshold for a type II action for purposes of environmental review under ch. NR 150, Wis. Adm. Code.

AB514, s. 201 Section 201. 30.202 of the statutes is renumbered 30.333, and 30.333 (3), as renumbered, is amended to read:

AB514,57,21 30.333 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under this chapter, s. 29.601, 30.01 to 30.20, 30.21 to 30.99, 59.692, 61.351, 62.231, or 87.30, or chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any rule promulgated, order issued, or ordinance adopted under those sections or chapters.

AB514, s. 202 Section 202. 30.2025 of the statutes is renumbered 30.278, and 30.278 (5) (d), as renumbered is amended to read:

AB514,58,4 30.278 (5) (d) It may not cause environmental pollution , as defined in s. 299.01 (4).