AB926,186,6
184.078 (3) (a) 2. The department of natural resources environmental quality
2certifies to the department of transportation, before the time that the department of
3transportation advertises for bids for the improvement, that the high-volume
4industrial waste intended to be used and the design for the use of the high-volume
5industrial waste comply with all applicable state requirements or standards
6administered by the department of natural resources environmental quality.
AB926, s. 794 7Section 794. 84.078 (3) (b) (intro.) of the statutes is amended to read:
AB926,186,138 84.078 (3) (b) (intro.) The exemption under par. (a) extends to the
9transportation of high-volume industrial waste to or from the site of a highway
10improvement and to the storage of high-volume industrial waste at the site of a
11highway improvement. The exemption provided under par. (a) continues to apply
12after the date of certification by the department of natural resources environmental
13quality
under par. (a) 2., notwithstanding the occurrence of any of the following:
AB926, s. 795 14Section 795. 84.078 (3) (c) of the statutes is amended to read:
AB926,186,2115 84.078 (3) (c) The department of transportation and the department of natural
16resources
environmental quality may enter into agreements establishing standard
17lists of high-volume industrial waste that may be used in highway improvements
18and designs for the use of high-volume industrial waste in highway improvements
19that comply with rules of the department of natural resources environmental quality
20applicable at the time of the design of the highway improvement in order to simplify
21certification under par. (a) 2. to the greatest extent possible.
AB926, s. 796 22Section 796. 84.11 (3) of the statutes is amended to read:
AB926,187,623 84.11 (3) Hearing. Within 60 days of the receipt of a petition under sub. (2),
24the department shall fix a time and place for a hearing and give notice of the hearing
25by publication of a class 2 notice, under ch. 985, in the vicinity of the proposed bridge

1project. Notice shall also be given by registered letter addressed to the clerks of the
2counties, cities, villages and towns in which any part of the bridge project will be
3located. The notice shall also be given to the secretary of natural resources and the
4secretary of environmental quality
either by registered mail or personally. The
5hearing may be held in any county, city, village or town in which any part of the bridge
6project will be located.
AB926, s. 797 7Section 797. 84.11 (7m) of the statutes is amended to read:
AB926,187,248 84.11 (7m) Execution and control of work. Subject to the control and
9supervision over the navigable waters of the state conferred by law upon the
10department of natural resources environmental quality, and the control exercised by
11the United States, the construction under this section of any bridge project shall be
12wholly under the supervision and control of the department. The secretary shall
13make and execute all contracts and have complete supervision over all matters
14pertaining to such construction and shall have the power to suspend or discontinue
15proceedings or construction relative to any bridge project at any time in the event any
16county, city, village or town fails to pay the amount required of it as to any project
17under sub. (1m), or in the event the secretary determines that sufficient funds to pay
18the state's part of the cost of the bridge project are not available. All moneys provided
19by counties, cities, villages and towns shall be deposited in the state treasury, when
20required by the secretary, and paid out on order of the secretary. Any of such moneys
21deposited for a project eligible for construction under sub. (1m) which remain in the
22state treasury after the completion of the project shall be repaid to the respective
23counties, cities, villages and towns in such amounts as to result in the distribution
24provided in sub. (5m).
AB926, s. 798 25Section 798. 84.12 (7) of the statutes is amended to read:
AB926,189,2
184.12 (7) Execution and control of work. Subject to the control and
2supervision over the navigable waters of the state conferred upon the department of
3natural resources environmental quality, and the control exercised by the United
4States, the construction under this section of any bridge project shall be under the
5joint supervision and control of the department and of the transportation
6department of the other state concerned. If the transportation department of the
7other state is not authorized to act jointly with this state in such bridge project
8arrangements may be made with such subdivisions of the other state as may have
9proper authority, represented by their proper officers. Control shall be exercised in
10the manner deemed most expedient by the secretary and such department or by the
11secretary and the officers of the subdivisions of the other state concerned in the
12construction. Contracts for the construction of said bridge projects may be made and
13executed by the secretary and the transportation department of the other state
14jointly, or jointly by the secretary and such subdivisions of the other state as may
15participate in the construction, or by appropriate agreement between the parties
16with respect to financing and control of the work, the authority of either state may
17contract for all or part of the construction. The secretary may suspend or discontinue
18proceedings or construction relative to any bridge project at any time in the event any
19county, city, village or town fails to pay the amount required of it as to any project
20eligible to construction under sub. (1) (a) or offered by it as to any project eligible to
21construction under sub. (1) (b), or in the event the secretary determines that
22sufficient funds to pay the state's part of the cost of the bridge project are not
23available. All moneys available from this state, or its subdivisions, shall be deposited
24in the state treasury when required by the secretary and shall be paid out only upon
25the order of the secretary. Moneys deposited by such subdivisions which remain in

1the state treasury after the completion of such project shall be repaid to the
2respective subdivisions in the proportion paid in.
AB926, s. 799 3Section 799. 84.28 (1) of the statutes is amended to read:
AB926,190,84 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 20.115 (5) (b)
5may be expended for the renovation, marking, and maintenance of a town or county
6highway located within the boundaries of any state park, state forest or other
7property under the jurisdiction of the department of natural resources agriculture,
8trade and consumer protection
. Moneys from the appropriation under s. 20.370 (7)
9(mc) may be expended for the renovation, marking, and maintenance of a town or
10county highway located within the boundaries of any state park, in the lower
11Wisconsin state riverway as defined in s. 30.40 (15), or on other property under the
12jurisdiction of the department of natural resources
. Outside the lower Wisconsin
13state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks,
14forests or other property under the jurisdiction of the department of natural
15resources
, moneys from the appropriation under s. 20.370 (7) (mc) may be expended
16for the renovation, marking, and maintenance of roads which the department of
17natural resources certifies are utilized by a substantial number of visitors to these
18state parks, state forests or other property under the jurisdiction of the department
19of natural resources. The department of natural resources shall authorize
20expenditures from the appropriation under s. 20.370 (7) (mc) under this subsection.
21The department of natural resources shall rank projects eligible for assistance
22funding from the appropriation under s. 20.370 (7) (mc) under a priority system and
23funding may be restricted to those projects with highest priority. Outside the
24boundaries of the forests under the jurisdiction of the department of agriculture,
25trade and consumer protection, moneys from the appropriation under s. 20.115 (5)

1(b) may be expended for the renovation, marking, and maintenance of roads that the
2department of agriculture, trade and consumer protection certifies are utilized by a
3substantial number of visitors to these forests. The department of agriculture, trade
4and consumer protection shall authorize expenditures from the appropriation under
5s. 20.115 (5) (b) under this subsection. The department of agriculture, trade and
6consumer protection shall rank projects eligible for funding from the appropriation
7under s. 20.115 (5) (b) under a priority system and funding may be restricted to those
8projects with the highest priority.
AB926, s. 800 9Section 800. 84.28 (2) of the statutes is amended to read:
AB926,191,1010 84.28 (2) The department may administer a program for the construction,
11maintenance and marking of roads, including fire roads, service areas, trailer or
12vehicle parking stalls or parking areas and other facilities consistent with highway
13construction and for the marking of scenic routes in the state parks, state forests, the
14lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries,
15other public used areas under the jurisdiction of the department of natural resources
16or the department of agriculture, trade and consumer protection, and other public
17lands as defined in ch. 24, for highways or fire roads leading from the most
18convenient state trunk highways to such lands, and for the relocation and
19construction of state trunk highways in or near state parks when required in the
20interests of public safety. Within the limitations and for the purposes of this section,
21work may be performed by or under the supervision or authority or with the approval
22of the department of transportation, upon the request for such work filed by the
23department of natural resources as having jurisdiction with respect to the lower
24Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest
25lands, or by the board of commissioners of the public lands as to other classes of public

1lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and
2outside the limits of the park, state forest and public land areas, direct connections
3to the most convenient state trunk highway may be built or maintained under this
4section. Roads in unincorporated areas within 5 miles of the boundaries of the
5Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or
6maintained under this section upon request of the town board, if the department of
7transportation certifies that such roads are or will be used by a substantial number
8of visitors to such area. Costs incurred under this section shall be the responsibility
9of the department of natural resources, the department of agriculture, trade and
10consumer protection,
commissioners of public lands or town board, as appropriate.
AB926, s. 801 11Section 801. 85.19 (1) of the statutes is amended to read:
AB926,191,1612 85.19 (1) Standards. The department, in consultation with the department of
13natural resources environmental quality, shall, by rule, establish standards for the
14control of soil erosion related to highway and bridge construction that is funded in
15whole or in part with state or federal funds. At a minimum, the standards shall
16require the use of best management practices.
AB926, s. 802 17Section 802. 85.19 (2) (c) of the statutes is amended to read:
AB926,191,1918 85.19 (2) (c) The department shall establish the training program in
19consultation with the department of natural resources environmental quality.
AB926, s. 803 20Section 803. 85.245 (1) of the statutes is renumbered 85.245.
AB926, s. 804 21Section 804. 85.245 (2) of the statutes is repealed.
AB926, s. 805 22Section 805. 86.255 (2) (a) of the statutes is amended to read:
AB926,191,2523 86.255 (2) (a) The purchase of any land that is acquired as compensatory
24mitigation for another wetland, as defined in s. 23.32 278.32 (1), that will suffer an
25adverse impact by degradation or destruction as part of a highway project.
AB926, s. 806
1Section 806. 86.315 (1) of the statutes is amended to read:
AB926,192,112 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department
3shall annually, on March 10, pay to counties having county forests established under
4ch. 28, for the improvement of public roads within the county forests which are open
5and used for travel and which are not state or county trunk highways or town roads
6and for which no aids are paid under s. 86.30, the amount of $336 per mile of road
7designated in the comprehensive county forest land use plan as approved by the
8county board and the department of natural resources agriculture, trade and
9consumer protection
. If the amount appropriated under s. 20.395 (1) (fu) is
10insufficient to make the payments required under this subsection, the department
11shall prorate the amount appropriated in the manner it considers desirable.
AB926, s. 807 12Section 807. 87.01 (1) of the statutes is amended to read:
AB926,192,1413 87.01 (1) "Department" means the department of natural resources
14environmental quality.
AB926, s. 808 15Section 808. 87.02 (intro.) of the statutes is amended to read:
AB926,192,17 1687.02 Powers of department. (intro.) To accomplish the purposes of ss. 87.01
17to 87.17, the department of natural resources is hereby authorized and empowered:
AB926, s. 809 18Section 809. 87.14 of the statutes is amended to read:
AB926,193,15 1987.14 Operation and maintenance. The flood control board is authorized
20to sell, lease, or lease with power to purchase, any reservoir proposed to be
21constructed, in the process of construction or completed, to a duly organized river
22improvement company as defined by s. 182.016, on such terms and conditions as are
23approved by the department of natural resources as hereinafter provided. Unless so
24leased or sold it shall be the duty of the flood control board to maintain and operate
25said improvement. The cost of operation and maintenance during the period

1intervening between the completion of said improvement and the date when funds
2provided under this section become available shall be paid from the funds provided
3for maintenance pursuant to the estimate made by the department as provided in s.
487.07 (3). Prior to the first day of November in each year the flood control board shall
5certify to the clerk of each town, village and city in which lands to be benefited by the
6improvement are located an estimated budget, detailed as far as practicable, of the
7cost of operation and maintenance of said improvement for the succeeding calendar
8year, together with the amount due upon any judgments outstanding against the
9board, except those judgments from which the board has appealed or intends to
10appeal, and shall certify at the same time the portion of such cost to be borne by each
11such town, village and city. This shall be determined in the same manner and
12according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon
13become the duty of each such town, village and city to include in its next succeeding
14tax levy the amount so certified and to forward such amount, on or before March 15
15following, to the flood control board.
AB926, s. 810 16Section 810. 87.18 of the statutes is amended to read:
AB926,194,17 1787.18 Lease, sale and lease with option to purchase the project.
18Whenever the flood control project consists of a storage reservoir and authority to
19create, operate and maintain a reservoir on the river affected by such storage
20reservoir is vested in a duly organized river improvement company as defined by s.
21182.016, and the petitioners file with the department of natural resources a petition
22and a proposed contract with such improvement company for a lease, sale, or lease
23with option to purchase said reservoir, and the department finds the terms and
24conditions of such contract are sufficient to assure the payment of the amount the
25board will be obligated to pay for the cost of the reservoir and the maintenance and

1operation of the same, and the project will secure effective flood control and
2promotion of the public welfare, then notices, proceedings and assessments provided
3by ss. 87.04 to 87.12 are not required. The department, however, shall make findings
4as required by s. 87.05 and shall order that the flood control board be appointed and
5shall so certify to the governor as provided by s. 87.12. The governor shall thereupon
6appoint the board as provided in said s. 87.12. The proposed contract filed with the
7department by petitioners for the sale, lease, or lease with option to purchase said
8reservoir property shall not be binding upon the board so appointed unless the board
9approves such contract. Upon approval the board shall so report to the department
10and file with it a final contract executed by the board and lessee or purchaser. The
11department has authority to approve or disapprove such contract. If the department
12approves such contract, then it shall be final and the department shall thereupon
13order the board to proceed with the work. When such reservoir property is sold and
14the purchase price has been fully paid and any indebtedness assumed by the
15purchaser has been paid and discharged, including the fees and expenses of the
16board, and the department so finds, the said board shall thereupon be dissolved by
17order of the department.
AB926, s. 811 18Section 811. 88.05 (4) (a) of the statutes is amended to read:
AB926,194,2419 88.05 (4) (a) The chairperson of the county highway committee except in a
20county with a highway commissioner appointed under s. 83.01 (1) (c), the highway
21commissioner; the chairperson of the county land conservation committee in the
22county involved; the secretary of natural resources environmental quality; the state
23drainage engineer; and, where a railroad company is involved, the person specified
24in sub. (6).
AB926, s. 812 25Section 812. 88.11 (1) (e) of the statutes is amended to read:
AB926,195,2
188.11 (1) (e) Coordinate district activities with the department of natural
2resources
environmental quality.
AB926, s. 813 3Section 813. 88.11 (1) (i) of the statutes is amended to read:
AB926,195,84 88.11 (1) (i) Establish, by rule, performance standards for drainage district
5structures, ditches, maintenance and operations, in order to minimize adverse
6effects on water quality. The performance standards shall be consistent with any
7requirements imposed by the department of natural resources environmental
8quality
under s. 88.31.
AB926, s. 814 9Section 814. 88.11 (2) of the statutes is amended to read:
AB926,195,1210 88.11 (2) The state drainage engineer shall provide technical assistance to
11improve district operations on the request of the department of natural resources
12environmental quality, drainage board, landowners in the district or the judge.
AB926, s. 815 13Section 815. 88.31 (1) of the statutes is amended to read:
AB926,195,2514 88.31 (1) If it is necessary to enter upon any waters that may be navigable, or
15to acquire and remove any dam or obstruction from the waters, or to clean out, widen,
16deepen or straighten any stream that may be navigable, the board shall file with the
17department of natural resources environmental quality an application for a permit
18to do the work. The board shall file with the application any information that the
19board or the department of natural resources environmental quality considers
20necessary. The department shall specify by rule the information to be included in an
21application. The application shall state that the public health or welfare will be
22promoted by the removal of the dam or other obstruction or by the straightening,
23cleaning out, deepening or widening of the waters and that other public rights in and
24public uses of the waters will not be materially impaired. The application shall be
25duly verified.
AB926, s. 816
1Section 816. 88.31 (2) of the statutes is amended to read:
AB926,196,82 88.31 (2) Upon receipt of the application the department of natural resources
3environmental quality shall fix a time and place for a hearing on the application, not
4less than 3 nor more than 8 weeks from the date of filing, at a place convenient to the
5interested parties. If the application is for a permit to remove a dam, notice of the
6hearing shall be given to all interested persons as provided by s. 31.06. In all other
7cases, the department shall direct the applicant to give notice under s. 88.05 (2) (b)
8to the persons specified in s. 88.05 (4) (b).
AB926, s. 817 9Section 817. 88.31 (4) (intro.) of the statutes is amended to read:
AB926,196,1210 88.31 (4) (intro.) Upon the conclusion of the hearing and investigation, the
11department of natural resources environmental quality shall grant the permit if it
12finds:
AB926, s. 818 13Section 818. 88.31 (4m) of the statutes is amended to read:
AB926,196,1614 88.31 (4m) The department of natural resources environmental quality shall
15grant or deny the permit within 6 weeks after the conclusion of the hearing on the
16application.
AB926, s. 819 17Section 819. 88.31 (5) of the statutes is amended to read:
AB926,196,2018 88.31 (5) When granting a permit under this section the department of natural
19resources
environmental quality also shall establish the minimum level at which the
20affected waters may be maintained.
AB926, s. 820 21Section 820. 88.31 (6) of the statutes is amended to read:
AB926,197,322 88.31 (6) The department of natural resources environmental quality may
23require the applicant for the permit to submit a plan for the work to be done in the
24waters in question and may amend or modify such plan before approving it. The
25department may at any time, on the application of any interested person, further

1amend such plan when the same can be done without materially impairing the
2navigability of any such waters and without materially impairing any other public
3right.
AB926, s. 821 4Section 821. 88.62 (3) of the statutes is amended to read:
AB926,197,85 88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage
6board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the
7department of natural resources environmental quality, except as provided in par.
8(b).
AB926,197,129 (b) If drainage work is undertaken in navigable waters located in the Duck
10Creek Drainage District, the board for that district shall obtain a permit under s.
1130.20 or ch. 31, as directed by the department of natural resources environmental
12quality
.
AB926, s. 822 13Section 822. 88.72 (4) of the statutes is amended to read:
AB926,197,2014 88.72 (4) Within 30 days after the department of natural resources
15environmental quality has issued all of the permits as required under this chapter
16and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including
17the expenses of the proceeding together with the damages that will result from the
18work, and shall, within a reasonable time, award damages to all lands damaged by
19the work and assess the cost of the work against the lands in the district in proportion
20to the assessment of benefits then in force.
AB926, s. 823 21Section 823. 91.46 (1) (i) of the statutes, as created by 2009 Wisconsin Act 28,
22is amended to read:
AB926,197,2423 91.46 (1) (i) Oil and gas exploration or production that is licensed by the
24department of natural resources environmental quality under subch. II of ch. 295.
AB926, s. 824 25Section 824. 92.04 (2) (e) of the statutes is amended to read:
AB926,198,4
192.04 (2) (e) Review joint evaluation plan. The board shall review the
2evaluation plan prepared under s. 92.14 (13). After its review, the board shall make
3recommendations on the plan to the department and to the department of natural
4resources
environmental quality.
AB926, s. 825 5Section 825. 92.05 (1) of the statutes is amended to read:
AB926,198,146 92.05 (1) Central agency. The department is the central agency of this state
7responsible for setting and implementing statewide soil and water conservation
8policies and administering the state's soil and water conservation programs. The
9department shall coordinate its soil and water conservation program with the
10nonpoint source water pollution abatement program established under s. 281.65, the
11inland lake protection and rehabilitation program established under ch. 33 and other
12programs with objectives related to soil and water conservation administered by the
13department of natural resources environmental quality or by other state or federal
14agencies.
AB926, s. 826 15Section 826. 92.10 (6) (a) 1. of the statutes is amended to read:
AB926,198,1816 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion
17conditions throughout the county, including any assessment available from the
18department of natural resources environmental quality.
AB926, s. 827 19Section 827. 92.10 (8) of the statutes is amended to read:
AB926,198,2520 92.10 (8) Duties of the department of natural resources environmental
21quality
. The department of natural resources environmental quality shall provide
22counties with assistance in land and water resource management planning,
23including providing available water quality data and information, providing
24training and support for water resource assessments and appraisals and providing
25related program information.
AB926, s. 828
1Section 828. 92.14 (2) (j) of the statutes is amended to read:
AB926,199,52 92.14 (2) (j) Enhancing the administration and coordination of state nonpoint
3source water pollution abatement activities by the department and the department
4of natural resources environmental quality, including providing a single process for
5grant application, funding allocation, reporting and evaluation.
AB926, s. 829 6Section 829. 92.14 (6) (b) of the statutes is amended to read:
AB926,199,147 92.14 (6) (b) The department and the department of natural resources
8environmental quality shall prepare an annual grant allocation plan identifying the
9amounts to be provided to counties under this section and ss. 281.65 and 281.66. In
10the allocation plan, the departments shall attempt to provide funding under this
11section for an average of 3 staff persons per county with full funding for the first staff
12person, 70% funding for the 2nd staff person and 50% funding for any additional staff
13persons and to provide an average of $100,000 per county for cost-sharing grants.
14The department shall submit that plan to the board.
AB926, s. 830 15Section 830. 92.14 (6) (d) of the statutes is amended to read:
AB926,199,1916 92.14 (6) (d) The board shall review the annual allocation plan submitted to
17it under par. (b) and make recommendations to the department of agriculture, trade
18and consumer protection and the department of natural resources environmental
19quality
on approval, modification or disapproval of the plan.
AB926, s. 831 20Section 831. 92.14 (6) (h) 3. of the statutes is amended to read:
AB926,199,2221 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the
22department of natural resources environmental quality to act under ch. 283.
AB926, s. 832 23Section 832. 92.14 (6) (m) of the statutes is amended to read:
AB926,200,3
192.14 (6) (m) The department of agriculture, trade and consumer protection
2and the department of natural resources environmental quality shall assist counties
3in conducting the activities for which grants under sub. (3) may be used.
AB926, s. 833 4Section 833. 92.14 (8) of the statutes is amended to read:
AB926,200,75 92.14 (8) Rules. In consultation with the department of natural resources
6environmental quality, the department shall promulgate rules to administer this
7section and the department's duties under s. 281.65.
AB926, s. 834 8Section 834. 92.14 (12) of the statutes is amended to read:
AB926,200,119 92.14 (12) Annual report. Annually, the department, in cooperation with the
10department of natural resources environmental quality, shall submit a report on the
11progress of the program under this section and s. 281.65 to the board.
AB926, s. 835 12Section 835. 92.14 (13) of the statutes is amended to read:
AB926,200,2113 92.14 (13) Evaluation plan. The department, jointly with the department of
14natural resources environmental quality, shall prepare a plan, which includes water
15quality monitoring and analysis, for evaluating the program administered under
16this section and s. 281.65 and submit the plan to the board. The board shall make
17recommendations to the department and the department of natural resources
18environmental quality on the plan. The department shall review and approve or
19disapprove the plan and shall notify the board of its final action on the plan. The
20department shall implement any part of the plan for which the plan gives it
21responsibility.
AB926, s. 836 22Section 836. 92.14 (14) of the statutes is amended to read:
AB926,201,523 92.14 (14) Application, allocation, reporting and evaluation. The
24department, jointly with the department of natural resources environmental quality,
25shall develop a single set of grant application, reporting and evaluation forms for use

1by counties receiving grants under this section and ss. 281.65 and 281.66. The
2department, jointly with the department of natural resources environmental quality,
3shall implement a single process for grant application, funding allocation, reporting
4and evaluation for counties receiving grants under this section and ss. 281.65 and
5281.66.
AB926, s. 837 6Section 837. 92.14 (14m) of the statutes is amended to read:
AB926,201,117 92.14 (14m) Coordination. The department of agriculture, trade and
8consumer protection and the department of natural resources environmental
9quality
, jointly, shall review applications from counties for grants under sub. (5r)
10and, for projects and activities selected to receive funding shall determine whether
11to provide funding under this section or under s. 281.65 or 281.66.
AB926, s. 838 12Section 838. 92.14 (15) of the statutes is amended to read:
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