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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 177
September 13, 2011 - Offered by Representative Steineke.
AB177-ASA1,1,11 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),
530.208 (5) (a) (intro.), 30.208 (5) (a) 1., 30.208 (5) (b) (intro.), 30.208 (5) (b) 4.,
630.208 (5) (b) 5., 30.209 (2) (a), 30.209 (2) (b), 30.209 (2) (c), 30.209 (2) (d) (intro.),
7227.01 (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:
AB177-ASA1, s. 1
1Section 1. 30.12 (1j) (c) of the statutes is amended to read:
AB177-ASA1,2,112 30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a)
3are eligible and propose to place a pier or wharf with the number of boat slips
4specified in par. (a), the riparian owner or owners shall apply to the department for
5an individual permit under s. 30.208 authorizing the configuration of the pier or
6wharf unless the configuration is authorized by the department under a general
7permit under s. 30.206 (1g). The department may not deny the permit on the basis
8of the number of slips proposed by the riparian owner or owners if the number of slips
9proposed does not exceed the number allowed under par. (a). A riparian owner or
10owners who apply for a permit under this paragraph shall be presumed to be entitled
11to the number of slips allowed under par. (a).
AB177-ASA1, s. 2 12Section 2. 30.12 (3) (br) of the statutes is repealed.
AB177-ASA1, s. 3 13Section 3. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
AB177-ASA1, s. 4 14Section 4. 30.123 (7) (b) of the statutes is repealed.
AB177-ASA1, s. 5 15Section 5. 30.18 (4) (a) of the statutes is amended to read:
AB177-ASA1,2,2416 30.18 (4) (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)
.
19In addition to providing notice as required under s. 30.208 (3) to (5), the department
20shall mail a copy of the notice to every person upon whose land any part of the canal
21or any other structure will be located, to the clerk of the next town downstream, to
22the clerk of any village or city in which the lake or stream is located and which is
23adjacent to any municipality in which the withdrawal will take place and to each
24person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
AB177-ASA1, s. 6 25Section 6. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
AB177-ASA1, s. 7
1Section 7. 30.19 (3r) (b) of the statutes is repealed.
AB177-ASA1, s. 8 2Section 8. 30.20 (1t) (b) of the statutes is repealed.
AB177-ASA1, s. 9 3Section 9. 30.206 (1) (a) of the statutes is amended to read:
AB177-ASA1,3,134 30.206 (1) (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
6(3r)
, 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 14Section 10. 30.206 (1) (am) and (ar) of the statutes are created to read:
AB177-ASA1,3,1815 30.206 (1) (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
17may issue a general permit authorizing an activity for which an individual permit
18is issued, or a contract is entered into, under this subchapter.
AB177-ASA1,3,2019 (ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract
20that would otherwise be required for that activity under this subchapter.
AB177-ASA1, s. 11 21Section 11. 30.206 (1) (b) of the statutes is created to read:
AB177-ASA1,4,422 30.206 (1) (b) A general permit issued under par. (a) or (am) is valid for a period
23of 5 years, and an activity that the department determines is authorized by a general
24permit remains authorized under the general permit until the activity is completed
25regardless of whether the general permit expired before the activity is completed.

1The 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
3until such renewal, modification, or revocation, the general permit shall remain in
4effect.
AB177-ASA1, s. 12 5Section 12. 30.206 (1g) of the statutes is repealed.
AB177-ASA1, s. 13 6Section 13. 30.206 (1m) of the statutes is repealed.
AB177-ASA1, s. 14 7Section 14. 30.206 (1r) of the statutes is created to read:
AB177-ASA1,4,118 30.206 (1r) Transitions between permits. Any general permit issued under
9this subchapter that is valid on the effective date of this subsection .... [LRB inserts
10date], shall remain valid until the date upon which a general permit issued under
11sub. (1) (a) or (am) that authorizes the same activity becomes effective.
AB177-ASA1, s. 15 12Section 15. 30.206 (2b) of the statutes is created to read:
AB177-ASA1,4,1613 30.206 (2b) Public notice. (a) The department shall circulate to interested
14and potentially interested members of the public notices of its intention to issue a
15general permit under sub. (1) (a) or (am). Procedures for providing public notices
16shall include all of the following:
AB177-ASA1,4,1817 1. A procedure for publishing a class 1 notice under ch. 985 or circulating the
18notice by use of an electronic notification system established by the department.
AB177-ASA1,4,2019 2. A procedure under which a copy of the notice is provided to any person or
20group upon request of the person or group.
AB177-ASA1,4,2521 (b) The department shall provide a period of not less than 30 days following the
22date of the public notice during which time interested persons may submit their
23written 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
25retained by the department and considered in the issuance of the general permit.
AB177-ASA1,5,3
1(c) Every notice issued by the department of the department's intention to issue
2a general permit under sub. (1) (a) or (am) shall include a description of the activities
3proposed to be authorized under the general permit.
AB177-ASA1, s. 16 4Section 16. 30.206 (2m) of the statutes is created to read:
AB177-ASA1,5,115 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) (a) or (am). Such request for a public hearing
9shall be filed with the department within 30 days after the circulation of the public
10notice under sub. (2b) and shall indicate the interest of the party filing the request
11and the reasons why a hearing is warranted.
AB177-ASA1,5,1512 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-ASA1,5,1716 (b) Public notice of any hearing held under this subsection shall be circulated
17in accordance with the requirements under sub. (2b).
AB177-ASA1, s. 17 18Section 17. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and
19amended to read:
AB177-ASA1,6,420 30.208 (2) (a) Review; no additional information required. In issuing
21individual 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
24the 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
2applicant 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)
.
AB177-ASA1,6,16 5(b) Additional information requested. If the department determines that the
6application 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
16of closure.
AB177-ASA1,7,6 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
6needed
.
AB177-ASA1, s. 18 7Section 18. 30.208 (2) (d) of the statutes is created to read:
AB177-ASA1,7,118 30.208 (2) (d) Failure to meet time limits. If the department fails to meet the
930-day time limit under par. (a) or 10-day time limit under par. (b), the application
10shall be considered to have a date of closure that is the last day of that 30-day or
1110-day time period for purposes of sub. (3) (a).
AB177-ASA1, s. 19 12Section 19. 30.208 (3) (a) of the statutes is amended to read:
AB177-ASA1,7,2013 30.208 (3) (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
16of complete pending application to interested and potentially interested members of
17the 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
19applicant has requested a public hearing as part of the submitted application, a
20notice of public hearing shall be part of the notice of complete pending application.
AB177-ASA1, s. 20 21Section 20. 30.208 (3) (b) of the statutes is amended to read:
AB177-ASA1,8,222 30.208 (3) (b) If the notice of complete pending application does not contain a
23notice of public hearing, any person may request a public hearing in writing or the
24department may decide to hold a public hearing with or without a request being

1submitted if the department determines that there is a significant public interest in
2holding a hearing.
AB177-ASA1, s. 21 3Section 21. 30.208 (3) (c) of the statutes is amended to read:
AB177-ASA1,8,94 30.208 (3) (c) A request for a public hearing under par. (b) must be submitted
5to the department or the department's decision to hold a public hearing must occur
6within 30 15 days after the department completes providing provides the notice of
7complete pending application. The department shall provide notice of public hearing
8within 15 days after the request for public hearing is submitted or the department
9makes its determination decision to hold a public hearing.
AB177-ASA1, s. 22 10Section 22. 30.208 (3) (e) of the statutes is amended to read:
AB177-ASA1,8,1511 30.208 (3) (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
13of the 30-day comment period under sub. (4) (a), the department shall render a
14decision, issuing, denying, or modifying the permit or approving or disapproving the
15contract that is the subject of the application submitted under sub. (1).
AB177-ASA1, s. 23 16Section 23. 30.208 (3) (f) of the statutes is created to read:
AB177-ASA1,8,2217 30.208 (3) (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
19shall be considered to be rendered. The permit that is issued or is modified, or the
20contract that is approved, shall authorize the activity as proposed by the applicant,
21but the department may impose terms and conditions on the permit or contract that
22are consistent with the applicant's basic proposal.
AB177-ASA1, s. 24 23Section 24. 30.208 (4) (a) of the statutes is amended to read:
AB177-ASA1,9,624 30.208 (4) (a) The department shall provide a period for public comment after
25the department has provided a notice of complete pending application under sub. (3)

1(a), during which time any person may submit written comments with respect to the
2application for the permit or contract. The department shall retain all of the written
3comments submitted during this period and shall consider all of the comments in the
4formulation of the final decision on the application. The period for public comment
5shall end on the 30th day following the date on which the department completes
6providing the notice of complete pending application, except as provided in par. (b).
AB177-ASA1, s. 25 7Section 25. 30.208 (4m) of the statutes is created to read:
AB177-ASA1,9,138 30.208 (4m) Denials. If a decision is issued by the department under this
9section that denies a permit or a modification of a permit or disapproves a contract,
10the notice of denial or disapproval shall set forth the specific reasons as to how the
11applicable provisions of this subchapter were not met. The notice of denial or
12disapproval may not be based on a determination that the application for the permit
13or contract was incomplete.
AB177-ASA1, s. 26 14Section 26. 30.208 (5) (a) (intro.) of the statutes is amended to read:
AB177-ASA1,9,1815 30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for
16providing notices of complete pending applications and notices of public hearings to
17be provided under sub. (3), and notices of administrative hearings to be provided
18under s. 30.209 (1m). The procedures shall require all of the following:
AB177-ASA1, s. 27 19Section 27. 30.208 (5) (a) 1. of the statutes is amended to read:
AB177-ASA1,9,2120 30.208 (5) (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 22Section 28. 30.208 (5) (b) (intro.) of the statutes is amended to read:
AB177-ASA1,9,2423 30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and
24content of notices of complete pending applications and notices of public hearings to

1be provided under sub. (3), and notices of administrative hearings to be provided
2under s. 30.209 (1m). Each notice shall include all of the following information:
AB177-ASA1, s. 29 3Section 29. 30.208 (5) (b) 4. of the statutes is amended to read:
AB177-ASA1,10,64 30.208 (5) (b) 4. For a notice of complete pending application and a notice of
5public hearing under sub. (3), a statement of the tentative determination to issue,
6modify, or deny a permit for the activity or project described in the application.
AB177-ASA1, s. 30 7Section 30. 30.208 (5) (b) 5. of the statutes is amended to read:
AB177-ASA1,10,118 30.208 (5) (b) 5. For a notice of complete pending application and a notice of
9public hearing under sub. (3), a brief description of the procedures for the
10formulation of final determinations, including a description of the comment period
11required under sub. (4).
AB177-ASA1, s. 31 12Section 31. 30.209 (2) (a) of the statutes is amended to read:
AB177-ASA1,10,1413 30.209 (2) (a) An administrative hearing under this subsection section shall be
14treated as a contested case under ch. 227.
AB177-ASA1, s. 32 15Section 32. 30.209 (2) (b) of the statutes is amended to read:
AB177-ASA1,10,2316 30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner
17shall, within 30 days after receipt of the referral under sub. (1m) (g), determine
18whether continuation of the stay is necessary to prevent significant adverse impacts
19or irreversible harm to the environment pending completion of the administrative
20hearing. The hearing examiner shall make the determination based on the request
21under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any
22testimony at a public hearing or any public comments. The determination shall be
23made without a hearing.
AB177-ASA1, s. 33 24Section 33. 30.209 (2) (c) of the statutes is amended to read:
AB177-ASA1,11,6
130.209 (2) (c) A An administrative hearing under this section shall be
2completed 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
4examiner may grant a one-time extension for the completion of the hearing of up to
560 days on the motion of any party and a showing of good cause demonstrating
6extraordinary circumstances justifying an extension.
AB177-ASA1, s. 34 7Section 34. 30.209 (2) (d) (intro.) of the statutes is amended to read:
AB177-ASA1,11,108 30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall
9provide a notice of the administrative hearing at least 30 days before the date of the
10hearing to all of the following:
AB177-ASA1, s. 35 11Section 35. 30.209 (2) (e) of the statutes is created to read:
AB177-ASA1,11,1412 30.209 (2) (e) In an administrative hearing under this section, the petitioner
13shall proceed first with the presentation of evidence and shall have the burden of
14proof.
AB177-ASA1, s. 36 15Section 36. 227.01 (13) (rt) of the statutes is amended to read:
AB177-ASA1,11,1616 227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.
AB177-ASA1, s. 37 17Section 37. 299.05 (2) (a) of the statutes is amended to read:
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