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
4Section
138. 30.19 (3r) (a) (intro.) of the statutes is amended to read:
AB500,36,65
30.19
(3r) (a) (intro.) The department shall issue statewide general permits
6under s.
30.206 30.221 that authorize persons to do all of the following:
AB500, s. 139
7Section
139. 30.19 (4) (b) of the statutes is amended to read:
AB500,36,98
30.19
(4) (b) The notice and hearing provisions of s.
30.208 30.244 (3) to (5)
9apply to an application under par. (a).
AB500, s. 140
10Section
140. 30.19 (4) (c) 2. of the statutes is amended to read:
AB500,36,1211
30.19
(4) (c) 2. The activity will not cause environmental pollution
, as defined
12in s. 299.01 (4).
AB500, s. 141
13Section
141. 30.195 (2) (b) of the statutes is amended to read:
AB500,36,1514
30.195
(2) (b) The notice and hearing provisions of s.
30.208 30.244 (3) to (5)
15apply to an application under par. (a).
AB500, s. 142
16Section
142. 30.195 (4) and (7) of the statutes are repealed.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
1Section
143. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.),
2as renumbered, is amended to read:
AB500,37,9
330.313 Enclosure of navigable waters; issuance of permits to
4municipalities. (intro.) A municipality may enclose navigable waters by directing,
5placing or restricting navigable waters into an enclosed drain, conduit, storm sewer
6or similar structure if the department grants the municipality an individual permit.
7The department may grant this permit to a municipality after following the notice
8and hearing requirements under s.
30.208 30.244 (3) to (5) if it finds that granting
9the permit:
AB500, s. 144
10Section
144. 30.20 (1g) (a) 1. of the statutes is amended to read:
AB500,37,1611
30.20
(1g) (a) 1. A removal of material
for an agricultural purpose from the bed
12of a farm drainage ditch
which that was not a navigable stream before ditching is
13exempt from the individual and general permit requirements under this section
14unless the department finds that the proposed removal may have a long-term
15adverse effect on cold-water fishery resources or may destroy fish spawning beds or
16nursery areas.
AB500, s. 145
17Section
145. 30.20 (1g) (c) of the statutes is renumbered 30.263 (3) and
18amended to read:
AB500,38,319
30.263
(3) Removal of material. A removal of material by the drainage board
20for the Duck Creek Drainage District from a drain that the board operates in the
21Duck Creek Drainage District is exempt from the individual and general permit
22requirements under
this section s. 30.20 if the removal is required, under rules
23promulgated by the department of agriculture, trade and consumer protection, in
1order to conform the drain to specifications imposed by the department of
2agriculture, trade and consumer protection after consulting with the department of
3natural resources.
AB500, s. 146
4Section
146. 30.20 (1m) (b) of the statutes is amended to read:
AB500,38,55
30.20
(1m) (b) Environmental pollution
, as defined in s. 299.01 (4).
AB500, s. 147
6Section
147. 30.20 (1r) (b) 1. of the statutes is amended to read:
AB500,38,97
30.20
(1r) (b) 1. Enter and inspect the site on which the activity is located,
8subject to s.
30.291 30.239, if the department determines such an inspection is
9necessary.
AB500, s. 148
10Section
148. 30.20 (1t) (a) of the statutes is amended to read:
AB500,38,1311
30.20
(1t) (a) The department shall issue statewide general permits under s.
1230.206 30.221 that authorize any person to remove material for maintenance
13purposes from an area from which material has been previously removed.
AB500, s. 149
14Section
149. 30.20 (2) (e) of the statutes is amended to read:
AB500,38,1615
30.20
(2) (e) The notice and hearing provisions of s.
30.208 30.244 (3) to (5)
16apply to an application for a permit or contract under this subsection.
AB500, s. 150
17Section
150. 30.202 of the statutes is renumbered 30.333, and 30.333 (3), as
18renumbered, is amended to read:
AB500,38,2519
30.333
(3) Exemption from statutes and rules. Dredge spoil disposal activities
20authorized under sub. (2) are exempt from any prohibition, restriction, requirement,
21permit, license, approval, authorization, fee, notice, hearing, procedure
, or penalty
22specified under
this chapter, s. 29.601,
30.01 to 30.20, 30.21 to 30.99, 59.692
, 61.351,
2362.231, or 87.30
, or chs. 281 to 285 or 289 to 299, except s. 281.48, or specified in any
24rule promulgated, order issued
, or ordinance adopted under those sections or
25chapters.
AB500, s. 151
1Section
151. 30.2022 (title) of the statutes is renumbered 30.341 (title).
AB500, s. 152
2Section
152. 30.2022 (1) of the statutes is renumbered 30.341 (2) and amended
3to read:
AB500,39,144
30.341
(2) Activities affecting
inland waters
of the state, as defined in s. 281.01
5(18), or outlying waters that are carried out under the direction and supervision of
6the department of transportation in connection with highway, bridge, or other
7transportation project design, location, construction, reconstruction, maintenance,
8and repair are not subject to the prohibitions or permit or approval requirements
9specified under s. 29.601,
30.11, 30.12, 30.123, 30.19, 30.195, 30.20,
30.321, 30.343, 1059.692, 61.351, 62.231 or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48.
11However, at the earliest practical time prior to the commencement of these activities,
12the department of transportation shall notify the department of the location, nature,
13and extent of the proposed work that may affect
the
inland waters
of the state or
14outlying waters.
AB500, s. 153
15Section
153. 30.2022 (2) of the statutes is renumbered 30.341 (3) and amended
16to read:
AB500,39,2017
30.341
(3) The exemption under sub.
(1) (2) does not apply unless the activity
18is accomplished in accordance with interdepartmental liaison procedures
19established by the department and the department of transportation for the purpose
20of minimizing the adverse environmental impact, if any, of the activity.
AB500, s. 154
21Section
154. 30.2022 (3) to (6) of the statutes are renumbered 30.341 (4) to (7).
AB500, s. 155
22Section
155. 30.2023 (intro.) of the statutes is renumbered 30.276 (intro.) and
23amended to read:
AB500,40,3
2430.276 Seawalls; Wolf River and Fox River basins. (intro.) A riparian
25owner is exempt from the permit requirements under s. 30.12 for a structure that is
1placed on the bed of a navigable water in the Wolf River and Fox River basin area,
2as described in s.
30.207 30.223 (1), and that extends beyond the ordinary
3high-water mark, if the following conditions apply:
AB500, s. 156
4Section
156. 30.2023 (1) to (9) of the statutes are renumbered 30.276 (1) to (9).
AB500, s. 157
5Section
157. 30.2025 of the statutes is renumbered 30.278, and 30.278 (5) (d),
6as renumbered is amended to read:
AB500,40,87
30.278
(5) (d) It may not cause environmental pollution
, as defined in s. 299.01
8(4).
AB500, s. 158
9Section
158. 30.2026 of the statutes is renumbered 30.279.
AB500, s. 159
10Section
159. 30.203 of the statutes is renumbered 30.355, and 30.355 (4) (d),
11as renumbered, is amended to read:
AB500,40,1312
30.355
(4) (d) It may not cause environmental pollution
, as defined in s. 299.01
13(4).
AB500, s. 160
14Section
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
15Section
161. 30.2037 of the statutes is renumbered 30.267.
AB500, s. 162
16Section
162. 30.204 of the statutes is renumbered 30.373, and 30.373 (5), as
17renumbered, is amended to read:
AB500,41,218
30.373
(5) Exemption from certain statutes and rules. Activities of the
19department in conducting the lake acidification experiment are exempt from any
20prohibition, restriction, requirement, permit, license, approval, authorization, fee,
21notice, hearing, procedure
, or penalty specified under
this subchapter and subchs.
22V 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
2330.99, 59.692,
61.351, 62.231, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95
, or
1299.97 or chs. 281, 283 or 289 to 292 or specified in any rule promulgated, order
2issued
, or ordinance adopted under any of those sections or chapters.
AB500, s. 163
3Section
163. 30.205 of the statutes is renumbered 30.335, and 30.335 (title),
4as renumbered, is amended to read:
AB500,41,6
530.335 (title)
Water resources development projects; federal
6agreements.
AB500, s. 164
7Section
164. 30.206 of the statutes is renumbered 30.221, and 30.221 (1) (c)
8(intro.), (3) (a), (3r) (a) 2. and (7), as renumbered, are amended to read:
AB500,41,149
30.221
(1) (c) (intro.) To ensure that the cumulative adverse environmental
10impact of the activities authorized by a general permit is insignificant and that the
11issuance of the general permit will not injure public rights or interests, cause
12environmental pollution,
as defined in s. 299.01 (4), or result in material injury to the
13rights of any riparian owner, the department may impose any of the following
14conditions on the permit:
AB500,41,25
15(3) (a) A person wishing to proceed with an activity that may be authorized by
16a general permit shall apply to the department, with written notification of the
17person's wish to proceed, not less than 30 days before commencing the activity
18authorized by a general permit. The notification shall provide information
19describing the activity in order to allow the department to determine whether the
20activity is authorized by the general permit and shall give the department consent
21to enter and inspect the site, subject to s.
30.291
30.239. The department may make
22a request for additional information one time during the 30-day period. If the
23department makes a request for additional information, the 30-day period is tolled
24from the date the person applying for authorization to proceed receives the request
25until the date on which the department receives the information.
AB500,42,5
1(3r) (a) 2. The department has conducted an investigation and visited the site
2and has determined that conditions specific to the site require restrictions on the
3activity in order to prevent significant adverse impacts to the public rights and
4interest, environmental pollution,
as defined in s. 299.01 (4), or material injury to the
5riparian rights of any riparian owner.
AB500,42,8
6(7) This section does not apply to an application for a general permit for the
7Wolf River and Fox River basin area or any area designated under s.
30.207 30.223 8(1m).
AB500, s. 165
9Section
165. 30.207 (title) of the statutes is renumbered 30.223 (title).
AB500, s. 166
10Section
166. 30.207 (1) of the statutes is renumbered 30.223 (1) and amended
11to read:
AB500,42,2012
30.223
(1) Geographical area. For purposes of this section and s.
30.2023 1330.276, the Wolf River and Fox River basin area consists of all of Winnebago County;
14the portion and shoreline of Lake Poygan in Waushara County; the area south of
15STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in
16the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that
17portion of Outagamie County south and east of USH 41; that portion of Waupaca
18County that includes the town of Mukwa, city of New London, town of Caledonia,
19town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River
20in the town of Weyauwega.
AB500, s. 167
21Section
167. 30.207 (1m), (2) and (3) (title) of the statutes are renumbered
2230.223 (1m), (2) and (3) (title).
AB500, s. 168
23Section
168. 30.207 (3) (a) of the statutes is renumbered 30.223 (3) (a) and
24amended to read:
AB500,43,4
130.223
(3) (a) Any
local entity
, as defined listed in s. 30.77
(3) (dm) (11) (a), any
2group of 10 riparian owners who will be affected by the issuance of a general permit,
3or any contractor who is or has been involved in the construction of structures or
4along navigable waters may apply for a general permit under this section.
AB500, s. 169
5Section
169. 30.207 (3) (b) and (c) (intro.) and 1. to 5. of the statutes are
6renumbered 30.223 (3) (b) and (c) (intro.) and 1. to 5.
AB500, s. 170
7Section
170. 30.207 (3) (c) 6. of the statutes is renumbered 30.223 (3) (c) 6. and
8amended to read:
AB500,43,129
30.223
(3) (c) 6. The names and addresses of at least 5 persons who own real
10property
located adjacent to the navigable waters located in the proposed permit
11area. If fewer than 5 persons own real property adjacent to
such these waters, the
12application shall include the names and addresses of all of these persons.
AB500, s. 171
13Section
171. 30.207 (3) (d) and (4) (intro.), (a) and (c) (intro.) of the statutes
14are renumbered 30.223 (3) (d) and (4) (intro.), (a) and (c) (intro.).
AB500, s. 172
15Section
172. 30.207 (4) (c) 1. of the statutes is renumbered 30.223 (4) (c) 1. and
16amended to read:
AB500,43,1917
30.223
(4) (c) 1. Any
local entity
, as defined in s. 30.77
(3) (dm), (11) (a) that has
18an interest in the quality or use of or that has jurisdiction over the navigable waters
19located in the proposed permit area.
AB500, s. 173
20Section
173. 30.207 (4) (c) 2. to 4. and (6) (title) of the statutes are renumbered
2130.223 (4) (c) 2. to 4. and (6) (title).
AB500, s. 174
22Section
174. 30.207 (6) (a) of the statutes is renumbered 30.223 (6) (a) and
23amended to read:
AB500,44,424
30.223
(6) (a) The department shall issue a general permit under this section
25if the department determines that the cumulative adverse environmental impact of
1the activity in the proposed permit area is insignificant and that the issuance of the
2general permit will not injure public rights or interest, cause environmental
3pollution,
as defined in s. 299.01 (4), or result in material injury to the rights of any
4riparian owners.
AB500, s. 175
5Section
175. 30.207 (6) (b) and (7) (title) of the statutes are renumbered 30.223
6(6) (b) and (7) (title).
AB500, s. 176
7Section
176. 30.207 (7) (a) of the statutes is renumbered 30.223 (7) (a) and
8amended to read:
AB500,44,16
930.223
(7) (a) At least 15 days before beginning the activity that is authorized
10by a general permit under this section
, the person who wishes to conduct the activity
11shall submit a notice to the department and shall pay the fee specified in s.
30.28 1230.241 (2) (b) 2. The notice shall describe the activity, state the name of the person
13that will be conducting the activity
, and state the site where the activity will be
14conducted. The notice shall also contain a statement signed by the person conducting
15the activity that the person will act in conformance with the standards contained in
16the general permit.
AB500, s. 177
17Section
177. 30.207 (7) (b) of the statutes is renumbered 30.223 (7) (b) and
18amended to read:
AB500,45,219
30.223
(7) (b) Upon receipt of a notice that complies with par. (a), the
20department may inform the person that the activity may not be conducted under the
21general permit if conditions at the site where the activity would be conducted would
22cause adverse environmental impact, injure public rights and interests
, or cause
23environmental pollution
, as defined in s. 299.01 (4). The department shall respond
24to the person within 15 days after receiving the notice. Failure of the department
1to respond within 15 days shall constitute the department's approval of the activity
2under the general permit.
AB500, s. 178
3Section
178. 30.207 (7) (c) and (8) to (10) of the statutes are renumbered 30.223
4(7) (c) and (8) to (10).
AB500, s. 179
5Section
179. 30.208 of the statutes is renumbered 30.244, and 30.244 (3) (a),
6(c) and (e) and (5) (a) (intro.), (b) (intro.), 2. and 4. and (c) (intro.), as renumbered, are
7amended to read:
AB500,45,168
30.244
(3) (a) Upon determination by the department that an application
9submitted under sub. (1) is complete, the department shall provide notice of complete
10application to
the applicant and to interested and potentially interested members of
11the public, as determined by the department. The department shall provide the
12notice within 15 days after the determination that the application is complete.
The
13department shall also post the notice on the Internet at a Web site to be determined
14by the department. If the applicant has requested a public hearing as part of the
15submitted application, a notice of public hearing shall be part of the notice of
16complete application.
AB500,45,2217
(c) A request for a public hearing under par. (b) must be submitted to the
18department or the department's decision to hold a public hearing must occur within
1930 days after the department completes providing the notice of complete application.
20The department shall provide notice of public hearing within 15 days after the
21request for public hearing is submitted or the department makes its determination
22to hold a public hearing.
AB500,46,223
(e) Within 30 days after the public hearing is held or, if no public hearing is held,
24within 30 days of the 30-day comment period under sub. (4) (a), the department shall
1render a decision, issuing, denying, or modifying the permit or approving
or denying 2the contract that is the subject of the application submitted under sub. (1).
AB500,46,6
3(5) (a) (intro.) The department shall, by rule, establish procedures for providing
4notices of complete applications and notices of public hearings to be provided under
5sub. (3), and notices of administrative hearings to be provided under s.
30.209 30.245 6(1m). The procedures shall require all of the following:
AB500,46,107
(b) (intro.) The department shall, by rule, prescribe the form and content of
8notices of complete applications and notices of public hearings to be provided under
9sub. (3), and notices of administrative hearings to be provided under s.
30.209 30.245 10(1m). Each notice shall include all of the following information:
AB500,46,1211
2. A brief description of each applicant's activity or project that requires the
12permit
or contract.
AB500,46,1513
4. For a notice of complete application and a notice of public hearing under sub.
14(3), a statement of the tentative determination to issue, modify, or deny a permit
or
15to approve or deny the contract for the activity or project described in the application.
AB500,46,1716
(c) (intro.) The department may delegate the department's requirement to
17provide notice under sub. (3) or s.
30.209 30.245 (1m) by doing any of the following:
AB500, s. 180
18Section
180. 30.209 of the statutes is renumbered 30.245, and 30.245 (title),
19(1), (1m) (a) 1. and (b) (intro.) and 1. and (2) (d) 3., as renumbered, are amended to
20read:
AB500,46,22
2130.245 (title)
Contracts and individual Individual permits and
22contracts; administrative and judicial review.
AB500,46,25
23(1) Definition. In this section, "applicant" means any person applying to
24receive
a an individual permit or contract under this subchapter or any person who
25has received a permit or contract under this subchapter.
AB500,47,2
1(1m) (a) 1. The issuance, denial,
or, modification
, or recission of any individual
2permit issued or contract entered into under this subchapter.
AB500,47,53
(b) (intro.) If the petitioner is not the applicant, the petition shall describe the
4petitioner's objection to the
individual permit or contract and shall contain all of the
5following: