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
(e) Within 30 20
days after the public hearing is held period for public
12comment under sub. (4) (b) has ended
or if no public hearing is held, within 30 days 13
of the 30-day comment period under sub. (4) (a), the department shall render a 14
issuing, denying, or modifying the permit or approving or disapproving
contract that is the subject of the application submitted under sub. (1).
(f) If the department fails to comply with the time periods under sub. 18
(3) (e), a decision issuing the permit, modifying the permit, or approving the contract 19
shall be considered to be rendered. The permit that is issued or is modified, or the 20
contract that is approved, shall authorize the activity as proposed by the applicant, 21
but the department may impose terms and conditions on the permit or contract that 22
are consistent with the applicant's basic proposal.
(a) The department shall provide a period for public comment after 25
the department has provided a notice of complete
application under sub. (3)
(a), during which time any person may submit written comments with respect to the 2
application for the permit or contract. The department shall retain all of the written 3
comments submitted during this period and shall consider all of the comments in the 4
formulation of the final decision on the application. The period for public comment 5
shall end on the 30th day following the date on which the department completes 6
providing the notice of complete pending
application, except as provided in par. (b).
30.208 (4m) Denials.
If a decision is issued by the department under this 9
section that denies a permit or a modification of a permit or disapproves a contract, 10
the notice of denial or disapproval shall set forth the specific reasons as to how the 11
applicable provisions of this subchapter were not met. The notice of denial or 12
disapproval may not be based on a determination that the application for the permit 13
or contract was incomplete.
AB177-ASA1, s. 26
30.208 (5) (a) (intro.) of the statutes is amended to read:
(a) (intro.) The department shall, by rule, establish procedures for 16
providing notices of complete pending
applications and notices of public hearings to 17
be provided under sub. (3), and notices of administrative hearings to be provided 18
under s. 30.209 (1m). The procedures shall require all of the following:
AB177-ASA1, s. 27
30.208 (5) (a) 1. of the statutes is amended to read:
(a) 1. That the notice be published as a class 1 notice under ch. 985 21or by an electronic notification system established by the department
AB177-ASA1, s. 28
30.208 (5) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department shall, by rule, prescribe the form and 24
content of notices of complete pending
applications and notices of public hearings to
be provided under sub. (3), and notices of administrative hearings to be provided 2
under s. 30.209 (1m). Each notice shall include all of the following information:
(b) 4. For a notice of complete pending
application and a notice of 5
public hearing under sub. (3), a statement of the tentative determination to issue, 6
modify, or deny a permit for the activity or project described in the application.
(b) 5. For a notice of complete pending
application and a notice of 9
public hearing under sub. (3), a brief description of the procedures for the 10
formulation of final determinations, including a description of the comment period 11
required under sub. (4).
(a) An administrative hearing under this
shall be 14
treated as a contested case under ch. 227.
(b) If a stay under sub. (1m) (c) is in effect, the hearing examiner 17
shall, within 30 days after receipt of the referral under sub. (1m) (g), determine 18
whether continuation of the stay is necessary to prevent significant adverse impacts 19
or irreversible harm to the environment pending completion of the
hearing. The hearing examiner shall make the determination based on the request 21
under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any 22
testimony at a public hearing or any public comments. The determination shall be 23
made without a hearing.
(c) A An administrative
hearing under this section shall be 2
completed within 90 days after receipt of the referral of the petition under sub. (1m) 3
(g), unless all parties agree to an extension of that period. In addition, a hearing 4
examiner may grant a one-time extension for the completion of the hearing of up to 5
60 days on the motion of any party and a showing of good cause demonstrating 6
extraordinary circumstances justifying an extension.
AB177-ASA1, s. 34
30.209 (2) (d) (intro.) of the statutes is amended to read:
(d) (intro.) Notwithstanding s. 227.44 (1), the department shall 9
provide a notice of the administrative
hearing at least 30 days before the date of the 10
hearing to all of the following:
(e) In an administrative hearing under this section, the petitioner 13
shall proceed first with the presentation of evidence and shall have the burden of 14
(rt) Is a general permit issued under s. 30.206 or