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160. 30.2035 of the statutes is repealed.
Note: The repealed statute requires the DNR to undertake a shoreline protection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:
AB500,47,96
1. A description of the objection that is sufficiently specific to allow the
7department to determine which provisions of this subchapter may be violated if the
8proposed activity or project under the
individual permit or contract is allowed to
9proceed.
AB500,47,11
10(2) (d) 3. Any other persons required to receive notice under the rules
11promulgated under s.
30.208 30.244 (5).
AB500, s. 181
12Section
181. 30.2095 (title) of the statutes is renumbered 30.248 (title) and
13amended to read:
AB500,47,15
1430.248 (title)
Limits and conditions for Duration of individual permits
15and contracts.
AB500, s. 182
16Section
182. 30.2095 (1) (a) of the statutes is renumbered 30.248 (1) and
17amended to read:
AB500,47,2118
30.248
(1) Except as provided in
par. (b) sub. (2), every
individual permit
or
19contract issued under
ss. 30.01 to 30.29 this subchapter for which a time limit is not
20provided by s. 30.20 (2)
(d) is void unless the activity or project is completed within
213 years after the
individual permit
or contract was issued.
AB500, s. 183
22Section
183. 30.2095 (1) (b) of the statutes is renumbered 30.248 (2) and
23amended to read:
AB500,48,424
30.248
(2) The department may specify a time limit of less than 3 years for
a 25an individual permit
or contract issued under
ss. 30.01 to 30.29. For this subchapter.
1Except as provided in s. 30.20 (2) (d), for good cause, the department may extend the
2time limit for
a an individual permit
or contract issued under
ss. 30.01 to 30.29 this
3subchapter for no longer than 2 years if the
grantee person issued the permit 4requests an extension prior to expiration of the initial time limit.
AB500, s. 184
5Section
184. 30.2095 (2) of the statutes is renumbered 30.445 and amended
6to read:
AB500,48,10
730.445 Department modifications and recissions. For good cause, the
8department
on its own behalf may
issue an order to modify or rescind any
individual 9permit or contract issued under
ss. 30.01 to 30.29
this subchapter before its
10expiration.
AB500, s. 185
11Section
185. 30.21 of the statutes is renumbered 30.293.
AB500, s. 186
12Section
186. 30.215 of the statutes is created to read:
AB500,48,18
1330.215 Farm drainage ditches. Except a provided in s. 30.20 (1g) (a), a
14project that is for an agricultural purpose and is located in or adjacent to a farm
15drainage ditch is exempt from the requirement for a permit, contract, or approval
16under this subchapter unless it is shown, by means of a U.S. geological survey map
17or other reliable scientific evidence, that the farm drainage ditch was a stream that
18was a navigable water prior to ditching.
Note: The current statute related to farm drainage ditches is as follows:
"30.10 (4) (c) Notwithstanding any other provision of law, farm drainage ditches
are not navigable within the meaning of this section unless it is shown that the ditches
were navigable streams before ditching. For purposes of this paragraph, "farm drainage
ditch" means any artificial channel which drains water from lands which are used for
agricultural purposes."
The proposed language in new s. 30.215 differs in 2 key respects from the current
statute. The primary difference is that the exemption clearly applies to a project for an
agricultural purpose, not to the farm drainage ditch itself. Thus, a project for other than
agricultural purposes would require a permit, even though the drainage ditch was
originally constructed as and continues to be used as a farm drainage ditch.
The other difference is that the statute specifies the kind of evidence that may be
used to show stream history.
AB500, s. 187
1Section
187. 30.24 of the statutes is renumbered 30.357.
AB500, s. 188
2Section
188. 30.244 (3) (am) of the statutes is created to read:
AB500,49,63
30.244
(3) (am) In lieu of providing notice of the complete application under par.
4(a), the department may provide notice of denial to the applicant without following
5the procedures under this subsection. If the department provides this notice, the
6applicant may file a petition for administrative review under s. 30.245.
AB500, s. 189
7Section
189. 30.246 of the statutes is created to read:
AB500,49,14
830.246 Mediation. (1) At any time after notice of complete application is
9provided by the department under s. 30.244 (2) and before any administrative
10hearing under s. 30.245 (2) will begin, the department shall allow for mediation if the
11department, the applicant for the individual permit or contract, any person
12requesting a public hearing under s. 30.244 (3) (b), and any person filing a petition
13for administrative review under s. 30.245 (1m) all agree to mediation and agree how
14the mediator is to be selected and compensated.
AB500,49,20
15(2) An agreement for mediation will hold in abeyance any public hearing under
16s. 30.244 (3) (b) and any administrative review under s. 30.245 (1m). If the mediator
17determines that an agreement cannot be reached by mediation, the mediator shall
18certify the mediation as having ended. Within 30 days after the date on which the
19mediation is certified as having ended, any participant in the mediation may request
20in writing to the department that the department proceed on the application.
AB500,49,23
21(3) If the department does not receive a request under sub. (2) within the
2230-day period, the department shall either approve the application or deny the
23application without further public hearing or administrative review.
Note: A mediation option is provided. There is no comparable provision in the
current statute. The applicant and DNR must agree to be a party to the mediation. The
mediation process is primarily expected to address issues of concern to owners of property
near the proposed project. If an agreement is not reached in mediation, the parties to the
mediation may request a contested case hearing.
AB500, s. 190
1Section
190. 30.25 of the statutes is renumbered 30.269.
AB500, s. 191
2Section
191. 30.253 of the statutes is created to read:
AB500,50,8
330.253 Conditions on individual permits and contracts. The department
4may impose additional conditions on an individual permit or contract under this
5subchapter if the department determines that the conditions are necessary to ensure
6compliance with any applicable provision under this subchapter. A department's
7decision to impose a condition on an individual permit or contract under this
8subchapter shall be subject to the review procedures under s. 30.245.
AB500, s. 192
9Section
192. 30.26 of the statutes is renumbered 30.271.
AB500, s. 193
10Section
193. 30.263 (title) of the statutes is created to read:
AB500,50,11
1130.263 (title)
Duck Creek Drainage District.