LRBa1336/1
MGG:kjf:rs
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2011 ASSEMBLY BILL 177
June 28, 2011 - Offered by Representative Steineke.
AB177-AA1,1,3
21. Page 1, line 6: delete "applications and hearings relating to permits" and
3substitute "issuing individual permits, contracts, and general permits".
AB177-AA1,1,5
5"
Section 1b. 30.12 (1j) (c) of the statutes is amended to read:
AB177-AA1,2,26
30.12
(1j) (c) If the riparian owner or owners of a property described in par. (a)
7are eligible and propose to place a pier or wharf with the number of boat slips
8specified in par. (a), the riparian owner or owners shall apply to the department for
9an individual permit under s. 30.208 authorizing the configuration of the pier or
10wharf unless the configuration is authorized by the department under a general
11permit under s. 30.206 (1g)
, 2009 stats. The department may not deny the permit
12on the basis of the number of slips proposed by the riparian owner or owners if the
13number of slips proposed does not exceed the number allowed under par. (a). A
1riparian owner or owners who apply for a permit under this paragraph shall be
2presumed to be entitled to the number of slips allowed under par. (a).
AB177-AA1, s. 1c
3Section 1c. 30.12 (3) (a) (intro.) of the statutes is amended to read:
AB177-AA1,2,54
30.12
(3) (a) (intro.) The department
shall may issue statewide general permits
5under s. 30.206 that authorize riparian owners to do all of the following:
AB177-AA1, s. 1d
6Section 1d. 30.12 (3) (br) of the statutes is amended to read:
AB177-AA1,2,97
30.12
(3) (br) The department may
promulgate rules that specify structures or
8deposits, in addition to those listed in par. (a), that may be authorized by statewide
9general permits.
AB177-AA1, s. 1e
10Section 1e. 30.123 (7) (a) (intro.) of the statutes is amended to read:
AB177-AA1,2,1211
30.123
(7) (a) (intro.) The department
shall may issue statewide general
12permits under s. 30.206 that authorize any person to do all of the following:
AB177-AA1, s. 1f
13Section 1f. 30.123 (7) (b) of the statutes is amended to read:
AB177-AA1,2,1614
30.123
(7) (b) The department may
promulgate rules that specify bridges or
15culverts, in addition to those listed in par. (a), that may be authorized by statewide
16general permits.".
AB177-AA1,2,19
19"
Section 1h. 30.19 (3r) (a) (intro.) of the statutes is amended to read:
AB177-AA1,2,2120
30.19
(3r) (a) (intro.) The department
shall may issue statewide general
21permits under s. 30.206 that authorize persons to do all of the following:
AB177-AA1, s. 1j
22Section 1j. 30.19 (3r) (b) of the statutes is amended to read:
AB177-AA1,3,3
130.19
(3r) (b) The department may
promulgate rules that specify other types
2of activities, in addition to those listed in par. (a), that may be authorized by
3statewide general permits.
AB177-AA1, s. 1k
4Section 1k. 30.20 (1t) (a) of the statutes is amended to read:
AB177-AA1,3,75
30.20
(1t) (a) The department
shall
may issue statewide general permits under
6s. 30.206 that authorize any person to remove material for maintenance purposes
7from an area from which material has been previously removed.
AB177-AA1, s. 1L
8Section 1L. 30.20 (1t) (b) of the statutes is amended to read:
AB177-AA1,3,119
30.20
(1t) (b) The department may
promulgate rules that specify other types
10of removals, in addition to the one listed in par. (a), that may be authorized by
11statewide general permits.
AB177-AA1, s. 1n
13Section 1n. 30.206 (1) (am) of the statutes is created to read:
AB177-AA1,3,1814
30.206
(1) (am) Upon compliance with the requirements under subs. (2b) and
15(2m), the department may issue a general permit to a person wishing to proceed with
16an activity for which an individual permit is issued, or a contract is entered into,
17under this subchapter. A permit issued under this paragraph is in lieu of any permit
18or contract that would otherwise be required for that activity under this subchapter.
AB177-AA1, s. 1p
19Section 1p. 30.206 (1) (b) of the statutes is created to read:
AB177-AA1,4,220
30.206
(1) (b) A general permit issued under par. (am) is valid for a period of
215 years, and an activity that the department determines is authorized by a general
22permit remains authorized under the general permit until the activity is completed
23regardless of whether the general permit expired before the activity is completed.
24The department may renew or modify, or revoke a general permit issued under par.
1(am) upon compliance with the requirements under subs. (2b) and (2m) and until
2such renewal, modification, or revocation of the general permit shall remain in effect.
AB177-AA1,4,96
30.206
(1r) Transitions between permits. Any general permit issued under
7this subchapter that is valid on the effective date of this subsection .... [LRB inserts
8date], shall remain valid until the date upon which a general permit issued under
9sub. (1) (am) that authorizes the same activity becomes effective.
AB177-AA1,4,1411
30.206
(2b) Public notice. (a) The department shall circulate to interested
12and potentially interested members of the public notices of its intention to issue a
13general permit. Procedures for providing public notices shall include all of the
14following:
AB177-AA1,4,1715
1. A procedure consisting of when publishing a class 1 notice under ch. 985 or
16circulating the notice by use of an electronic notification system established by the
17department.
AB177-AA1,4,1918
2. A procedure under which a copy of the notice is provided to any person or
19group upon request of the person or group.
AB177-AA1,4,2420
(b) The department shall provide a period of not less than 30 days following the
21date of the public notice during which time interested persons may submit their
22written views on the department's intention to issue a general permit under sub. (1)
23(am). All written comments submitted during the period for comment shall be
24retained by the department and considered in the issuance of the general permit.
AB177-AA1,5,3
1(c) Every notice issued by the department of the department's intention to issue
2a general permit under sub. (1) (am) shall include a description of the activities
3proposed to be authorized under the general permit.
AB177-AA1,5,115
30.206
(2m) Public hearing. (a) 1. The department shall provide an
6opportunity for any interested state agency or federal agency or person or group of
7persons to request a public hearing with respect to the department's intention to
8issue a general permit under sub. (1) (am). Such request for a public hearing shall
9be filed with the department within 30 days after the circulation of the public notice
10under sub. (2b) and shall indicate the interest of the party filing the request and the
11reasons why a hearing is warranted.
AB177-AA1,5,1512
2. The department shall hold a public hearing upon a request under subd. 1.
13if the department determines that there is a significant public interest in holding
14such a hearing. Hearings held under this section are not contested cases under s.
15227.01 (3).
AB177-AA1,5,1716
(b) Public notice of any hearing held under this subsection shall be circulated
17in accordance with the requirements under sub. (2b).".
AB177-AA1,5,23
22"30.208
(3) (e) Within
30 20 days after the
public hearing is held period for
23public comment under sub. (4) (b) has ended or".
AB177-AA1,6,7
412. Page 6, line 23: after "rendered." insert "The permit that is issued or is
5modified, or the contract that is approved, shall authorize the activity as proposed
6by the applicant, but the department may impose terms and conditions on the permit
7or contract that are consistent with the applicant's basic proposal.".