2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 177
September 13, 2011 - Offered by Representative Steineke.
1An Act to repeal
30.12 (3) (br), 30.123 (7) (b), 30.19 (3r) (b), 30.20 (1t) (b), 30.206 2
(1g) and 30.206 (1m); to renumber
30.123 (7) (a) and 30.19 (3r) (a); to
3renumber and amend
30.208 (2); to amend
30.12 (1j) (c), 30.18 (4) (a), 30.206 4
(1) (a), 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c), 30.208 (3) (e), 30.208 (4) (a), 5
30.208 (5) (a) (intro.), 30.208 (5) (a) 1., 30.208 (5) (b) (intro.), 30.208 (5) (b) 4., 6
30.208 (5) (b) 5., 30.209 (2) (a), 30.209 (2) (b), 30.209 (2) (c), 30.209 (2) (d) (intro.), 7
227.01 (13) (rt) and 299.05 (2) (a); and to create
30.206 (1) (am) and (ar), 30.206 8
(1) (b), 30.206 (1r), 30.206 (2b), 30.206 (2m), 30.208 (2) (d), 30.208 (3) (f), 30.208 9
(4m) and 30.209 (2) (e) of the statutes; relating to: procedures for issuing
10individual permits, contracts, and general permits and contracts for structures,
11deposits, and other activities in or near navigable waters.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(c) If the riparian owner or owners of a property described in par. (a) 3
are eligible and propose to place a pier or wharf with the number of boat slips 4
specified in par. (a), the riparian owner or owners shall apply to the department for 5
an individual permit under s. 30.208 authorizing the configuration of the pier or 6
wharf unless the configuration is authorized by the department under a general 7
permit under s. 30.206 (1g)
. The department may not deny the permit on the basis 8
of the number of slips proposed by the riparian owner or owners if the number of slips 9
proposed does not exceed the number allowed under par. (a). A riparian owner or 10
owners who apply for a permit under this paragraph shall be presumed to be entitled 11
to the number of slips allowed under par. (a).
AB177-ASA1, s. 3
30.123 (7) (a) of the statutes is renumbered 30.123 (7).
(a) Upon receipt of a complete application, the department shall
17follow the notice and hearing procedures under s. 30.208 (3) to (5)
The notice and
18hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3)
In addition to providing notice as required under s. 30.208 (3) to (5), the department 20
shall mail a copy of the notice to every person upon whose land any part of the canal 21
or any other structure will be located, to the clerk of the next town downstream, to 22
the clerk of any village or city in which the lake or stream is located and which is 23
adjacent to any municipality in which the withdrawal will take place and to each 24
person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB177-ASA1, s. 6
30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
(a) The department shall issue the statewide general permits as
5rules promulgated under ch. 227
required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19
, and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3)
7(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after
8February 6, 2004. The department shall submit in proposed form the rule containing
9the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d)
10to the legislative council staff under s. 227.15 (1) no later than August 1, 2004.
11General permits issued under s. 30.206, 2001 stats., shall remain valid until the date
12upon which the rules issuing these statewide general permits are promulgated
13under this paragraph.
AB177-ASA1, s. 10
30.206 (1) (am) and (ar) of the statutes are created to read:
(am) Upon compliance with the requirements under subs. (2b) and 16
(2m) and in addition to the general permits required under par. (a), the department 17
may issue a general permit authorizing an activity for which an individual permit 18
is issued, or a contract is entered into, under this subchapter.
(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract 20
that would otherwise be required for that activity under this subchapter.
(b) A general permit issued under par. (a) or (am) is valid for a period 23
of 5 years, and an activity that the department determines is authorized by a general 24
permit remains authorized under the general permit until the activity is completed 25
regardless of whether the general permit expired before the activity is completed.
The department may renew or modify, or revoke a general permit issued under par. 2
(a) or (am) upon compliance with the requirements under subs. (2b) and (2m); and 3
until such renewal, modification, or revocation, the general permit shall remain in 4
30.206 (1r) Transitions between permits.
Any general permit issued under 9
this subchapter that is valid on the effective date of this subsection .... [LRB inserts 10
date], shall remain valid until the date upon which a general permit issued under 11
sub. (1) (a) or (am) that authorizes the same activity becomes effective.
30.206 (2b) Public notice.
(a) The department shall circulate to interested 14
and potentially interested members of the public notices of its intention to issue a 15
general permit under sub. (1) (a) or (am). Procedures for providing public notices 16
shall include all of the following:
1. A procedure for publishing a class 1 notice under ch. 985 or circulating the 18
notice by use of an electronic notification system established by the department.
2. A procedure under which a copy of the notice is provided to any person or 20
group upon request of the person or group.
(b) The department shall provide a period of not less than 30 days following the 22
date of the public notice during which time interested persons may submit their 23
written views on the department's intention to issue a general permit under sub. (1) 24
(a) or (am). All written comments submitted during the period for comment shall be 25
retained by the department and considered in the issuance of the general permit.
(c) Every notice issued by the department of the department's intention to issue 2
a general permit under sub. (1) (a) or (am) shall include a description of the activities 3
proposed to be authorized under the general permit.
30.206 (2m) Public hearing.
(a) 1. The department shall provide an 6
opportunity for any interested state agency or federal agency or person or group of 7
persons to request a public hearing with respect to the department's intention to 8
issue a general permit under sub. (1) (a) or (am). Such request for a public hearing 9
shall be filed with the department within 30 days after the circulation of the public 10
notice under sub. (2b) and shall indicate the interest of the party filing the request 11
and the reasons why a hearing is warranted.
2. The department shall hold a public hearing upon a request under subd. 1. 13
if the department determines that there is a significant public interest in holding 14
such a hearing. Hearings held under this section are not contested cases under s. 15
(b) Public notice of any hearing held under this subsection shall be circulated 17
in accordance with the requirements under sub. (2b).
AB177-ASA1, s. 17
30.208 (2) of the statutes is renumbered 30.208 (2) (a) and 19
amended to read:
(a) Review; no additional information required.
In issuing 21
individual permits or entering contracts under this subchapter, the department shall 22initially determine whether a complete application for the permit or contract has
23been submitted and, no later than review an application, and within
30 days after 24
the application is submitted, the department shall determine that either the
25application is complete or that additional information is needed. If the department
1determines that the application is complete, the department shall
notify the 2
applicant in writing about the initial determination of completeness of that fact
3within the 30-day period, and the date on which the notice under this paragraph is
4sent shall be considered the date of closure for purposes of sub. (3) (a)
5(b) Additional information requested.
If the department determines that the 6
application is incomplete, the department shall notify the applicant in writing and
7may make only one request for additional information during the 30-day period
8specified in par. (a). Within 10 days after receiving all of the requested information
9from the applicant, the department shall notify the applicant in writing as to
10whether the application is complete. The date on which the 2nd notice under this
11paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The
12department may request additional information from the applicant to supplement
13the application, but the department may not request items of information that are
14outside the scope of the original request unless the applicant and the department
15both agree. A request for any such additional information may not affect the date
17(c) Specificity of notice; limits on information. Any
notice stating that an
18application has been determined to be incomplete or any other request for
19information that is sent under par. (b)
shall state the reason for the determination 20or request
and the specific items of information
necessary to make the application
21complete. An applicant may supplement and resubmit an application that the
22department has determined to be incomplete. There is no limit on the number of
23times that an applicant may resubmit an application that the department has
24determined to be incomplete under this section. The department may not demand
25items of information that are not specified in the notice as a condition for determining
1whether the application is complete unless both the department and the applicant
2agree or unless the applicant makes material additions or alterations to the activity
3or project for which the application has been submitted. The rules promulgated
4under s. 299.05 apply only to applications for individual permits or contracts under
5this subchapter that the department has determined to be complete
that are still
(d) Failure to meet time limits.
If the department fails to meet the 9
30-day time limit under par. (a) or 10-day time limit under par. (b), the application 10
shall be considered to have a date of closure that is the last day of that 30-day or 11
10-day time period for purposes of sub. (3) (a).
(a) Upon determination by the department under sub. (2), that an
14application submitted under sub. (1) is complete Within 15 days after the date of
15closure, as determined under sub. (2) (a) or (b)
, the department shall provide notice 16
of complete pending
application to interested and potentially interested members of 17
the public, as determined by the department. The department shall provide the
18notice within 15 days after the determination that the application is complete.
If the 19
applicant has requested a public hearing as part of the submitted application, a 20
notice of public hearing shall be part of the notice of complete pending
(b) If the notice of complete pending
application does not contain a 23
notice of public hearing, any person may request a public hearing in writing or the 24
department may decide to hold a public hearing with or
without a request being
submitted if the department determines that there is a significant public interest in 2
holding a hearing.
(c) A request for a public hearing under par. (b) must be submitted 5
to the department or the department's decision to hold a public hearing must occur 6
within 30 15 days after the department completes providing provides
the notice of 7complete pending
application. The department shall provide notice of public hearing 8
within 15 days after the request for public hearing is submitted or the department 9
makes its determination decision to hold a public hearing