Amendment ASA1-AB421

AB421-ASA1, s. 8 Section 8. 30.12 (1j) (c) of the statutes is amended to read:

AB421-ASA1,6,17 30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a) are eligible and propose to place a pier or wharf with the number of boat slips specified in par. (a), the riparian owner or owners shall apply to the department for an individual permit under s. 30.208 authorizing the configuration of the pier or wharf unless the configuration is authorized by the department under a general permit under s. 30.206 (1g). The department may not deny the permit on the basis of the number of slips proposed by the riparian owner or owners if the number of slips proposed does not exceed the number allowed under par. (a). A riparian owner or owners who apply for a permit under this paragraph shall be presumed to be entitled to the number of slips allowed under par. (a).

AB421-ASA1, s. 9 Section 9. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) and amended to read:

AB421-ASA1,6,24 30.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner of a pier or wharf that was placed on the bed of a navigable water on or before February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt from the permit requirements under this section if all of the following apply: the pier or wharf does not interfere with the riparian rights of other riparian owners.

AB421-ASA1, s. 10 Section 10. 30.12 (1k) (b) 1. of the statutes is repealed.

AB421-ASA1, s. 11 Section 11. 30.12 (1k) (b) 2. of the statutes is repealed.

AB421-ASA1, s. 12 Section 12. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 25, is repealed.

AB421-ASA1, s. 13 Section 13. 30.12 (1k) (c) of the statutes is repealed.

AB421-ASA1, s. 14 Section 14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:

AB421-ASA1,7,8 30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:

AB421-ASA1, s. 15 Section 15. 30.12 (1k) (cm) 1. of the statutes is amended to read:

AB421-ASA1,7,12 30.12 (1k) (cm) 1. A structure for which the department has issued a permit under this section on or before February 6, 2004, if the structure is in compliance with that permit.

AB421-ASA1, s. 16 Section 16. 30.12 (1k) (cm) 2. of the statutes is amended to read:

AB421-ASA1,7,16 30.12 (1k) (cm) 2. A structure for which the department has issued a written authorization on or before February 6, 2004, if the structure is in compliance with that written authorization.

AB421-ASA1, s. 17 Section 17. 30.12 (1k) (d) of the statutes is repealed.

AB421-ASA1, s. 18 Section 18. 30.12 (1k) (e) 2. of the statutes is amended to read:

AB421-ASA1,7,24 30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner registered the pier or wharf with the department under par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision.

AB421-ASA1, s. 19 Section 19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:

AB421-ASA1,8,6 30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if the any of the following apply:

AB421-ASA1,8,8 a. The property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there.

AB421-ASA1,8,9 b. There is a boathouse over navigable waters adjacent to the owner's property.

AB421-ASA1, s. 20 Section 20. 30.12 (3) (a) 6. c. of the statutes is created to read:

AB421-ASA1,8,12 30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward end of the owner's pier or the waterward side of the owner's wharf.

AB421-ASA1, s. 21 Section 21. 30.12 (3) (a) 14. of the statutes is created to read:

AB421-ASA1,8,18 30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is in, or that would directly affect, an area of special natural resource interest and that is adjacent to the owner's property if the pier or wharf does not interfere with the riparian rights of other riparian owners and it meets the requirements of sub. (1g) (f).

AB421-ASA1, s. 22 Section 22. 30.12 (3) (br) of the statutes is repealed.

AB421-ASA1, s. 23 Section 23. 30.12 (3) (d) of the statutes is created to read:

AB421-ASA1,8,24 30.12 (3) (d) The department may impose conditions relating to the location, design, construction, and installation of a pier or wharf placed under the authority of a general permit issued under par. (a) 14., but may not prohibit a riparian owner from placing a pier or wharf that meets the requirement of the general permit.

AB421-ASA1, s. 24 Section 24. 30.12 (3m) (ar) of the statutes is repealed.

AB421-ASA1, s. 25 Section 25. 30.121 (1) of the statutes is created to read:

AB421-ASA1,9,4 30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors.

AB421-ASA1, s. 26 Section 26. 30.121 (3) of the statutes is amended to read:

AB421-ASA1,9,14 30.121 (3) Maintenance and repair. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and or maintain the boathouse or fixed houseboat if the cost of the repair or maintenance to repair or maintain the boathouse or fixed houseboat does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs repair or maintain the boathouse or the fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.

AB421-ASA1, s. 27 Section 27. 30.121 (3c) of the statutes is created to read:

AB421-ASA1,9,20 30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size, location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.

AB421-ASA1, s. 28 Section 28. 30.121 (3g) of the statutes is amended to read:

AB421-ASA1,9,24 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

AB421-ASA1, s. 29 Section 29. 30.121 (3r) of the statutes is amended to read:

AB421-ASA1,10,7 30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of repairing or reconstructing a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.

AB421-ASA1, s. 30 Section 30. 30.123 (6) (a) of the statutes is repealed.

AB421-ASA1, s. 31 Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).

AB421-ASA1, s. 32 Section 32. 30.123 (7) (b) of the statutes is repealed.

AB421-ASA1, s. 33 Section 33. 30.123 (7) (d) of the statutes is created to read:

AB421-ASA1,10,14 30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.

AB421-ASA1, s. 34 Section 34. 30.1235 of the statutes is repealed.

AB421-ASA1, s. 35 Section 35. 30.18 (4) (a) of the statutes is amended to read:

AB421-ASA1,10,25 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and hearing 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 shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB421-ASA1, s. 36 Section 36. 30.19 (1m) (f) of the statutes is created to read:

AB421-ASA1,11,3 30.19 (1m) (f) Any land grading activity authorized under a stormwater discharge permit issued under s. 283.33.

AB421-ASA1, s. 37 Section 37. 30.19 (1m) (g) of the statutes is created to read:

AB421-ASA1,11,6 30.19 (1m) (g) Any land grading activity authorized by a permit issued by a county under a shoreland zoning ordinance enacted under s. 59.692.

AB421-ASA1, s. 38 Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).

AB421-ASA1, s. 39 Section 39. 30.19 (3r) (b) of the statutes is repealed.

AB421-ASA1, s. 40 Section 40. 30.20 (1t) (b) of the statutes is repealed.

AB421-ASA1, s. 41 Section 41. 30.206 (1) (a) of the statutes is amended to read:

AB421-ASA1,11,20 30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 (3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

AB421-ASA1, s. 42 Section 42. 30.206 (1) (am) and (ar) of the statutes are created to read:

AB421-ASA1,11,24 30.206 (1) (am) In addition to the general permits required under par. (a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter.

AB421-ASA1,12,2 (ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.

AB421-ASA1, s. 43 Section 43. 30.206 (1) (b) of the statutes is created to read:

AB421-ASA1,12,11 30.206 (1) (b) Except as provided in sub. (1r), a general permit issued under par. (a) or (am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit for a period of 5 years from the date of the department's determination or until the activity is completed, whichever occurs first, 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. (a) or (am) or s. 30.2065 upon compliance with the requirements under subs. (2b) and (2m).

AB421-ASA1, s. 44 Section 44. 30.206 (1g) of the statutes is repealed.

AB421-ASA1, s. 45 Section 45. 30.206 (1m) of the statutes is repealed.

AB421-ASA1, s. 46 Section 46. 30.206 (1r) of the statutes is created to read:

AB421-ASA1,12,18 30.206 (1r) Transitions between permits. Any general permit issued under this section that is valid on the effective date of this subsection .... [LRB inserts date], shall remain valid until the date upon which a general permit issued under sub. (1) (a) or (am) that authorizes the same activity becomes effective.

AB421-ASA1, s. 47 Section 47. 30.206 (2b) of the statutes is created to read:

AB421-ASA1,12,23 30.206 (2b) Public notice. (a) The department shall provide to interested members of the public notices of its intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Procedures for providing public notices shall include all of the following:

AB421-ASA1,12,24 1. Publication of a class 1 notice under ch. 985.

AB421-ASA1,13,2 2. Providing a copy of the notice to any person or group upon request of the person or group.

AB421-ASA1,13,4 3. Publication of the notice through an electronic notification system established by the department.

AB421-ASA1,13,5 4. Publication of the notice on the department's Internet Web site.

AB421-ASA1,13,8 (am) For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.

AB421-ASA1,13,14 (b) The department shall provide a period of not less than 30 days after the date of the public notice during which time interested persons may submit their written comments on the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. All written comments submitted during the period for comment shall be retained by the department and considered by the department in acting on the general permit.

AB421-ASA1,13,16 (c) Every public notice issued by the department under par. (a) shall include a description of any activities to be authorized under the general permit.

AB421-ASA1, s. 48 Section 48. 30.206 (2m) of the statutes is created to read:

AB421-ASA1,13,24 30.206 (2m) Public hearing. (a) 1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public hearing with respect to the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Such request for a public hearing shall be filed with the department within 30 days after the provision of the public notice under sub. (2b) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.

AB421-ASA1,14,4 2. The department shall hold a public hearing upon a request under subd. 1. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this section are not contested cases under s. 227.01 (3).

AB421-ASA1,14,11 (b) Public notice of any hearing held under this subsection shall be provided in accordance with the requirements under sub. (2b). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the general permit, and information indicating where additional information about the general permit may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the general permit.

AB421-ASA1, s. 49 Section 49. 30.206 (3) (a) of the statutes is amended to read:

AB421-ASA1,14,24 30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit under this section or s. 30.2065 shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

AB421-ASA1, s. 50 Section 50. 30.206 (5) of the statutes is amended to read:

AB421-ASA1,15,3 30.206 (5) Failure to follow procedural requirements. Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.

AB421-ASA1, s. 51 Section 51. 30.206 (6) of the statutes is amended to read:

AB421-ASA1,15,8 30.206 (6) Request for individual permit. A person proposing an activity for which a general permit has been issued under this section or s. 30.2065 may request an individual permit under the applicable provisions of this subchapter or ch. 31 in lieu of seeking authorization under the general permit.

AB421-ASA1, s. 52 Section 52. 30.2065 (2) (a) of the statutes is amended to read:

AB421-ASA1,15,14 30.2065 (2) (a) Upon compliance with the requirements under subs. (3) and (4), the The department may issue a general permit to a person wishing to proceed with an activity. A permit issued under this subsection is in lieu of any permit or approval that would otherwise be required for that activity under this chapter or s. 31.02, 31.12, 31.33, 281.15, or 281.36.

AB421-ASA1, s. 53 Section 53. 30.2065 (2) (b) of the statutes is amended to read:

AB421-ASA1,15,20 30.2065 (2) (b) A general permit issued under this subsection is valid for a period of 5 years except that an activity that the department determines is authorized by a general permit remains authorized under the permit until the activity is completed. The department may renew or modify a general permit issued under this subsection.

AB421-ASA1, s. 54 Section 54. 30.2065 (3) to (9) of the statutes are repealed.