AB500: Bill Text

AB500, s. 130 Section 130. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

AB500,34,16 30.18 (6m) (a) 1. That the The water being diverted is no longer surplus water, except that the department may allow the diversion to continue if all riparians has become water that is being beneficially used, unless all riparian owners adversely affected by the diversion continue to consent to it.

AB500,34,18 2. If the diversion is from a stream designated by the department as a trout stream, that the revocation the rescission is desirable for conservation purposes.

AB500, s. 131 Section 131. 30.18 (6m) (b) of the statutes is amended to read:

AB500,34,23 30.18 (6m) (b) Streams; discretionary rescission. The department may revoke rescind any permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that the diversion is detrimental to the stream from which the water is diverted.

AB500, s. 132 Section 132. 30.18 (6m) (bm) of the statutes is created to read:

AB500,35,2 30.18 (6m) (bm) Procedure for rescission. The procedure under s. 30.249 (2) applies to rescissions under pars. (a) and (b).

AB500, s. 133 Section 133. 30.18 (6m) (c) of the statutes is amended to read:

AB500,35,6 30.18 (6m) (c) Major diversion. The department may revoke a rescind any permit issued under sub. (5) (b) for a major diversion only as provided under s. 281.35 (6).

AB500, s. 134 Section 134. 30.18 (7) of the statutes is amended to read:

AB500,35,23 30.18 (7) Prerequisites to project construction work. After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall Work may not be commenced on the canal, headworks, or other structures necessary for the project for which a permit has been issued under this section until the plans for the same canal, headworks, or other structures have been approved by the department. Any person having received who has been issued a permit required under sub. (2) (a) for a diversion that is not a major diversion may construct commence the work upon the land of another the canal and other works as authorized by the permit only after the damage which will be sustained by the owner or owners of such of that land has been satisfied, or has been determined as provided for in ch. 32, and compensated for any damages that the owner will incur as a result of the work or after the final sum so for condemnation of the property under ch. 32 has been determined and all costs have been paid to the persons entitled thereto owner or to the clerk of the circuit court on their the owner's account.

Note: Current s. 30.18 (7) allows the applicant to "enter any land through which it is proposed to divert water", after the permit application is filed, to conduct surveys. This provision is deleted, and replaced by a requirement in new s. 30.18 (3m) (a) for the applicant to obtain permission or authority to enter the land.

AB500, s. 135 Section 135. 30.18 (8) of the statutes is renumbered 30.353.

AB500, s. 136 Section 136. 30.18 (9) of the statutes is repealed.

AB500, s. 137 Section 137. 30.19 (1m) (c), (cm) 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. 30.233) continues to apply where lake bed grants have been made.

AB500, s. 138 Section 138. 30.19 (3r) (a) (intro.) of the statutes is amended to read:

AB500,36,6 30.19 (3r) (a) (intro.) The department shall issue statewide general permits under s. 30.206 30.221 that authorize persons to do all of the following:

AB500, s. 139 Section 139. 30.19 (4) (b) of the statutes is amended to read:

AB500,36,9 30.19 (4) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application under par. (a).

AB500, s. 140 Section 140. 30.19 (4) (c) 2. of the statutes is amended to read:

AB500,36,12 30.19 (4) (c) 2. The activity will not cause environmental pollution, as defined in s. 299.01 (4).

AB500, s. 141 Section 141. 30.195 (2) (b) of the statutes is amended to read:

AB500,36,15 30.195 (2) (b) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application under par. (a).

AB500, s. 142 Section 142. 30.195 (4) and (7) of the statutes are repealed.

Note: 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.

AB500, s. 143 Section 143. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.), as renumbered, is amended to read:

AB500,37,9 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 an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.208 30.244 (3) to (5) if it finds that granting the permit:

AB500, s. 144 Section 144. 30.20 (1g) (a) 1. of the statutes is amended to read:

AB500,37,16 30.20 (1g) (a) 1. A removal of material for an agricultural purpose from the bed of a farm drainage ditch which that was not a navigable stream before ditching 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.

AB500, s. 145 Section 145. 30.20 (1g) (c) of the statutes is renumbered 30.263 (3) and amended to read:

AB500,38,3 30.263 (3) Removal of material. A removal of material by the drainage board for the Duck Creek Drainage District 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 s. 30.20 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.

AB500, s. 146 Section 146. 30.20 (1m) (b) of the statutes is amended to read:

AB500,38,5 30.20 (1m) (b) Environmental pollution, as defined in s. 299.01 (4).

AB500, s. 147 Section 147. 30.20 (1r) (b) 1. of the statutes is amended to read:

AB500,38,9 30.20 (1r) (b) 1. Enter and inspect the site on which the activity is located, subject to s. 30.291 30.239, if the department determines such an inspection is necessary.

AB500, s. 148 Section 148. 30.20 (1t) (a) of the statutes is amended to read:

AB500,38,13 30.20 (1t) (a) The department shall issue statewide general permits under s. 30.206 30.221 that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.

AB500, s. 149 Section 149. 30.20 (2) (e) of the statutes is amended to read:

AB500,38,16 30.20 (2) (e) The notice and hearing provisions of s. 30.208 30.244 (3) to (5) apply to an application for a permit or contract under this subsection.

AB500, s. 150 Section 150. 30.202 of the statutes is renumbered 30.333, and 30.333 (3), as renumbered, is amended to read:

AB500,38,25 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.

AB500, s. 151 Section 151. 30.2022 (title) of the statutes is renumbered 30.341 (title).

AB500, s. 152 Section 152. 30.2022 (1) of the statutes is renumbered 30.341 (2) and amended to read:

AB500,39,14 30.341 (2) Activities affecting inland waters of the state, as defined in s. 281.01 (18), or outlying waters that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 30.321, 30.343, 59.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the inland waters of the state or outlying waters.

AB500, s. 153 Section 153. 30.2022 (2) of the statutes is renumbered 30.341 (3) and amended to read:

AB500,39,20 30.341 (3) The exemption under sub. (1) (2) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.

AB500, s. 154 Section 154. 30.2022 (3) to (6) of the statutes are renumbered 30.341 (4) to (7).

AB500, s. 155 Section 155. 30.2023 (intro.) of the statutes is renumbered 30.276 (intro.) and amended to read:

AB500,40,3 30.276 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 30.223 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

AB500, s. 156 Section 156. 30.2023 (1) to (9) of the statutes are renumbered 30.276 (1) to (9).

AB500, s. 157 Section 157. 30.2025 of the statutes is renumbered 30.278, and 30.278 (5) (d), as renumbered is amended to read:

AB500,40,8 30.278 (5) (d) It may not cause environmental pollution , as defined in s. 299.01 (4).

AB500, s. 158 Section 158. 30.2026 of the statutes is renumbered 30.279.

AB500, s. 159 Section 159. 30.203 of the statutes is renumbered 30.355, and 30.355 (4) (d), as renumbered, is amended to read:

AB500,40,13 30.355 (4) (d) It may not cause environmental pollution , as defined in s. 299.01 (4).

AB500, s. 160 Section 160. 30.2035 of the statutes is repealed.

Note: The repealed statute requires the DNR to undertake a shoreline protection study. This study has been issued and the DNR is in the process of promulgating rules.

AB500, s. 161 Section 161. 30.2037 of the statutes is renumbered 30.267.

AB500, s. 162 Section 162. 30.204 of the statutes is renumbered 30.373, and 30.373 (5), as renumbered, is amended to read:

AB500,41,2 30.373 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under this subchapter and subchs. V and VI and s. 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 61.351, 62.231, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95, or 299.97 or chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters.

AB500, s. 163 Section 163. 30.205 of the statutes is renumbered 30.335, and 30.335 (title), as renumbered, is amended to read:

AB500,41,6 30.335 (title) Water resources development projects; federal agreements.

AB500, s. 164 Section 164. 30.206 of the statutes is renumbered 30.221, and 30.221 (1) (c) (intro.), (3) (a), (3r) (a) 2. and (7), as renumbered, are amended to read:

AB500,41,14 30.221 (1) (c) (intro.) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:

AB500,41,25 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291 30.239. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

AB500,42,5 (3r) (a) 2. The department has conducted an investigation and visited the site and has determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian rights of any riparian owner.

AB500,42,8 (7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under s. 30.207 30.223 (1m).

AB500, s. 165 Section 165. 30.207 (title) of the statutes is renumbered 30.223 (title).

AB500, s. 166 Section 166. 30.207 (1) of the statutes is renumbered 30.223 (1) and amended to read:

AB500,42,20 30.223 (1) Geographical area. For purposes of this section and s. 30.2023 30.276, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

AB500, s. 167 Section 167. 30.207 (1m), (2) and (3) (title) of the statutes are renumbered 30.223 (1m), (2) and (3) (title).

AB500, s. 168 Section 168. 30.207 (3) (a) of the statutes is renumbered 30.223 (3) (a) and amended to read:

AB500,43,4 30.223 (3) (a) Any local entity, as defined listed in s. 30.77 (3) (dm) (11) (a), any group of 10 riparian owners who will be affected by the issuance of a general permit, or any contractor who is or has been involved in the construction of structures or along navigable waters may apply for a general permit under this section.

AB500, s. 169 Section 169. 30.207 (3) (b) and (c) (intro.) and 1. to 5. of the statutes are renumbered 30.223 (3) (b) and (c) (intro.) and 1. to 5.

AB500, s. 170 Section 170. 30.207 (3) (c) 6. of the statutes is renumbered 30.223 (3) (c) 6. and amended to read:

AB500,43,12 30.223 (3) (c) 6. The names and addresses of at least 5 persons who own real property located adjacent to the navigable waters located in the proposed permit area. If fewer than 5 persons own real property adjacent to such these waters, the application shall include the names and addresses of all of these persons.

AB500, s. 171 Section 171. 30.207 (3) (d) and (4) (intro.), (a) and (c) (intro.) of the statutes are renumbered 30.223 (3) (d) and (4) (intro.), (a) and (c) (intro.).

AB500, s. 172 Section 172. 30.207 (4) (c) 1. of the statutes is renumbered 30.223 (4) (c) 1. and amended to read:

AB500,43,19 30.223 (4) (c) 1. Any local entity , as defined in s. 30.77 (3) (dm), (11) (a) that has an interest in the quality or use of or that has jurisdiction over the navigable waters located in the proposed permit area.

AB500, s. 173 Section 173. 30.207 (4) (c) 2. to 4. and (6) (title) of the statutes are renumbered 30.223 (4) (c) 2. to 4. and (6) (title).

AB500, s. 174 Section 174. 30.207 (6) (a) of the statutes is renumbered 30.223 (6) (a) and amended to read:

AB500,44,4 30.223 (6) (a) The department shall issue a general permit under this section if the department determines that the cumulative adverse environmental impact of the activity in the proposed permit area is insignificant and that the issuance of the general permit will not injure public rights or interest, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owners.

AB500, s. 175 Section 175. 30.207 (6) (b) and (7) (title) of the statutes are renumbered 30.223 (6) (b) and (7) (title).

AB500, s. 176 Section 176. 30.207 (7) (a) of the statutes is renumbered 30.223 (7) (a) and amended to read:

AB500,44,16 30.223 (7) (a) At least 15 days before beginning the activity that is authorized by a general permit under this section, the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in s. 30.28 30.241 (2) (b) 2. The notice shall describe the activity, state the name of the person that will be conducting the activity, and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

AB500, s. 177 Section 177. 30.207 (7) (b) of the statutes is renumbered 30.223 (7) (b) and amended to read:

AB500,45,2 30.223 (7) (b) Upon receipt of a notice that complies with par. (a), the department may inform the person that the activity may not be conducted under the general permit if conditions at the site where the activity would be conducted would cause adverse environmental impact, injure public rights and interests , or cause environmental pollution, as defined in s. 299.01 (4). The department shall respond to the person within 15 days after receiving the notice. Failure of the department to respond within 15 days shall constitute the department's approval of the activity under the general permit.