Under the bill, if DNR fails to comply with 30-day and ten-day time limits
relating to determining whether an application is complete, the date of closure shall
be the last day of the 30-day or ten-day time period. If DNR fails to comply with the
time limits relating to the public hearing and comment process, the application for
the permit or contract shall be considered to have been approved.
Procedures in issuing general permits
Under current law, DNR is required to issue by rule statewide general permits
authorizing placement of certain structures and deposits in navigable waters, the
construction and maintenance of certain bridges, enlargement and connection of
waterways, and removal of material from the beds of navigable waters. Current law
allows DNR to issue general permits for certain other waterway activities.
Under this bill, DNR must reissue the four required statewide general permits
for these waterway activities without using the rule-making process. The permits
that were issued by rule will remain in effect until the new permits are issued. The
bill also gives DNR authority to issue a general permit outside of the rule-making
process for any other waterway activity for which an individual permit is issued.
The bill requires DNR to circulate a public notice of its intention to issue a
general permit. This includes a procedure for circulating the notice, for receiving
comments, and holding a public hearing. These procedures are in lieu of those that
occur under the rule-making process. Under the procedures, DNR must provide up
to 30 days after the date of the public notice for interested persons to submit written
comments on the proposed general permit and must hold a public hearing if a request
for a public hearing is received within 30 days of the circulation of the notice and
DNR determines that there is significant public interest in holding a public hearing.
Piers and wharves
This bill modifies current law under which a waterfront property owner
(riparian owner) may obtain an exemption to the general permit requirement for
placing a pier or wharf on the bed of a navigable water. Under current law, in order
for the permit exemption to apply, the pier or wharf may not be in an area of special
natural resource interest, may not extend beyond a specified point, may not interfere
with the riparian rights of other riparian owners, and may only have a specified
number of boat slips. Current law also specifies that for the exemption to apply, the
pier or wharf must comply with width limitations except that the pier may have an
area as a loading platform that exceeds these limitations if the platform meets
certain other size and configuration requirements.
The bill changes the size and configuration requirements for loading platforms
on piers. Under the bill, a loading platform meets the exemption requirements,
regardless of its configuration, as long as the surface area of the platform does not
exceed 200 square feet. The bill also provides that a riparian owner may secure a
specified number of personal watercraft to a pier without affecting the riparian
owner's eligibility for the exemption.
Current law also grants an exemption to a riparian owner of a pier or wharf that
was placed on the bed of a navigable water on or before February 6, 2004, if the pier
or wharf meets certain size and configuration requirements and does not interfere
with the riparian rights of other riparian owners and the riparian owner registers
the pier or wharf with DNR no later than April 1, 2011 (grandfathering exemption).
This bill changes the grandfathering exemption so that any pier or wharf that
was placed on the bed of a navigable water before the effective date of this bill is
exempt from the permit requirement if the pier or wharf does not interfere with the
riparian rights of other riparian owners. The bill eliminates the requirement that
the pier or wharf be registered to be eligible for the grandfathering exemption.
Current law also prohibits DNR from taking any enforcement action against a
riparian owner (enforcement exemption) for the placement of a pier, wharf, boat
shelter, boat hoist, or boat lift (structure) on the bed of a navigable water before
February 6, 2004, if DNR issued a permit or written authorization for the structure
before that date and the structure is in compliance with the permit or authorization.
This bill provides that the enforcement exemption applies regardless of the date on
which DNR issued the permit or written authorization for the structure provided
that the structure is in compliance with the permit or authorization.
Current law also requires DNR to issue statewide general permits that allow
a riparian owner to conduct certain activities on the bed of a navigable water. This
bill requires DNR to issue a statewide general permit to allow a riparian owner to
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 if the pier or wharf meets the
requirements for an exemption for the placement of a pier by a riparian owner. The
bill also specifies that DNR may impose conditions relating to a pier or wharf that
is placed under the authority of a general permit but may not prohibit placement if
the pier or wharf meets the requirements of the general permit.
Placement of fill or structures within a bulkhead line
Generally, under current law, no person may, without a permit, deposit any
material or place any structure on the bed of a navigable water beyond a lawfully
established bulkhead line. A bulkhead line is a shoreline established by a
municipality by ordinance. Current law does not require a riparian owner to obtain
an approval from DNR to deposit material or place a structure on the bed of a
navigable water if the deposit or placement is made within a bulkhead line. This bill
provides that a riparian owner may place additional fill or a structure on the filled
portion of a bed of a navigable water within a bulkhead line for any purpose without
obtaining an approval from DNR if the filled portion was filled before the effective
date of this bill. The bill also provides that if the bed of a navigable water within a
bulkhead line was not filled before the effective date of the bill, a riparian owner may
place fill or a structure on the bed of the navigable water without obtaining an
approval from DNR if the riparian owner places the fill or structure for a public
purpose.
Land grading activities and removal of materials
Current law prohibits, with certain exceptions, a person from engaging in
construction, dredging, or enlargement activities with regard to certain artificial
water bodies and navigable waterways without a permit. This bill creates an
additional permit exemption. The bill allows a person to engage in land grading
activity that is authorized under a stormwater discharge permit or under a permit
issued by a county under a shoreland zoning ordinance.
Current law also requires, with certain exceptions, a person to have a permit
in order to remove any material from the bed of a lake or navigable stream. This bill
creates an additional exemption to the permit requirement for a removal of no more
than a specified amount of material if the removal is necessary to allow access to
place or remove a pier or wharf. The bill also requires the department to issue a
general permit for the removal of a specified amount of material by a riparian owner
for the purpose of placing or maintaining a boat lift and for the removal of not more
than a specified amount of plant or animal deposits that impede navigation or access
to a stream, inland lake, or outlaying water.
Bridges and culverts
Under current law, a city, village, town, or county is exempt from the individual
and general permitting requirements for the construction or reconstruction of a
highway bridge. This bill repeals this exemption. Instead, DNR must issue a general
permit authorizing the construction, reconstruction, and maintenance of bridges
and culverts that are part of a transportation project that is carried out under the
direction and supervision of a city, village, town, or county
Areas of special natural resource interest
Under current law, certain exemptions for waterway activities do not apply in
areas of special natural resource interest (ASNRIs). Current law defines, for
purposes of exempting certain waterway activities from the individual and
permitting requirements, an ASNRI to be a state natural area, a trout stream or
other surface water that is identified by DNR as being an outstanding or exceptional
resource water, or an area that has significant scientific value as identified by DNR.
DNR has identified by rule various areas as having significant scientific value,
including wild rice waters, waters that contain endangered or threatened species,
and coastal wetlands. This bill incorporates into the statutes most of these areas
designated by rule as having significant scientific value and prohibits DNR from
identifying waters other than the ones specified in the statutes.
Other changes
Deadlines for action on certain approvals
This bill makes various changes to procedures that DNR is required to follow
in issuing certain licenses, permits, registrations, and other approvals (approvals).
Under current law, DNR is required to promulgate rules to establish periods
within which it intends to approve or disapprove applications for most
environmental approvals. Current law provides that if DNR fails to make a
determination on an application within the specified period, DNR must refund the
fees paid by the applicant for the approval.
This bill specifies that for certain environmental approvals for which DNR
establishes approval periods by rule, and for certain other environmental approvals
for which a specific approval period is established in the bill, DNR must provide the
applicant with written notice that the department has approved or disapproved the
application, including the specific facts upon which any disapproval is based. The
bill requires DNR to provide this notice before the expiration of the relevant approval
period. The bill specifies that if DNR fails to provide this notice, DNR must refund
the fees paid by the applicant and the applicant may seek administrative review of
the application as if the application had been denied. The bill provides that for
certain other approval applications, the failure to meet the deadline for approval or
disapproval of an application constitutes approval of the application.
Expedited procedures
Under current law, a person to whom DNR issues a permit to construct a dam
must submit specified documents and information to DNR including detailed plans
and specifications for the proposed dam. Current law establishes a procedure under
which DNR must examine this information and determine whether it is satisfactory
or whether modifications are required before DNR approves the plans and
specifications. Current law also establishes a procedure for the approval by DNR of
plans for water and sewerage systems and sewage and refuse disposal plants (water
and sewage plants). This bill requires DNR to establish an expedited procedure for
the approval of plans for low hazard dams and for the approval of plans for water and
sewage plants.
Internet publication
Current law requires DNR to publish a newspaper notice containing specified
information relating to certain laws that it administers. The types of notices that
DNR must publish include notices of scheduled hearings, of the opportunity to
submit a written comment, and of the opportunity to request a public hearing and
notices that provide certain other information to the public. This bill allows DNR,
instead of publishing these notices in the newspaper, to publish these notices on its
Internet Web site.
This bill also requires DNR to publish on its Internet Web site any
determination that it makes that a waterway is navigable or not navigable, any
determination that it makes that identifies the ordinary high-water mark of a
navigable water, and, to the greatest extent possible, the current status of any
application filed with DNR for a permit, license, or other approval relating to
navigable waters or the environment.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB24, s. 1
1Section
1. 30.01 (1am) (c) of the statutes is amended to read:
SB24,8,2
130.01
(1am) (c) An area that possesses significant scientific value, as identified
2by the department
under s. 30.106.
SB24, s. 2
3Section
2. 30.025 (2) of the statutes is amended to read:
SB24,8,134
30.025
(2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
5the department may schedule the matter for a public hearing. Notice of the hearing
6shall be given to the applicant and shall be published as a class 1 notice under ch.
7985
or as a notice on the department's Internet Web site. The department may give
8such further notice as it deems proper, and shall give notice to persons requesting
9same. One copy of the application shall be available for public inspection at the office
10of the department, at least one copy in the regional office of the department, and at
11least one copy at the main public library, of the area affected. Notwithstanding s.
12227.42, the hearing shall be an informational hearing and may not be treated as a
13contested case hearing nor converted to a contested case hearing.
SB24, s. 3
14Section
3. 30.10 (4) (a) of the statutes is amended to read:
SB24,8,1715
30.10
(4) (a) This section does not impair the powers granted by law
under s.
1630.1235 or by other law to municipalities to construct highway bridges, arches, or
17culverts over streams.
SB24, s. 4
18Section
4. 30.102 of the statutes is created to read:
SB24,8,25
1930.102 Web site information. (1) Navigability determination and ordinary
20high-water mark identification. If the department makes a determination that a
21waterway is navigable or is not navigable or identifies the ordinary high-water mark
22of a navigable waterway, the department shall publish that information on the
23department's Internet Web site. Any person may rely on the information posted
24under this section as accurate. This section does not restrict the ability of a person
25to challenge the accuracy of the information posted under this section.
SB24,9,5
1(2) Application status. To the greatest extent possible, the department shall
2publish on the department's Internet Web site the current status of any application
3filed with the department for a permit, license, or other approval under ch. 30. The
4information shall include notice of any hearing scheduled by the department with
5regard to the application.
SB24, s. 5
6Section
5. 30.106 of the statutes is created to read:
SB24,9,8
730.106 Areas of significant scientific value. In identifying areas that
8possess significant scientific value, the department may include only the following:
SB24,9,10
9(1) Specific portions of waters that contain critical habitat for endangered or
10threatened species.
SB24,9,13
11(2) Specific portions of waters that are immediately adjacent to an area that
12contains critical habitat for endangered or threatened species and that directly affect
13that habitat.
SB24,9,15
14(3) Wild rice waters as identified in a written agreement between the
15department and the Great Lakes Indian Fish and Wildlife Commission.
SB24,9,18
16(4) Waters in ecologically significant coastal wetlands along Lakes Michigan
17and Superior as identified in the most recent assessment conducted by the
18department.
SB24,9,20
19(5) Rivers that are included in the national wild and scenic rivers system and
20rivers that are designated as wild rivers under s. 30.26.
SB24, s. 6
21Section
6. 30.11 (4m) of the statutes is created to read:
SB24,9,2522
30.11
(4m) Placement of fill and structures. (a) A riparian owner may place
23additional fill or a structure on the filled portion of a bed of a navigable water within
24an established bulkhead line for any purpose without obtaining an approval under
25this chapter if the filled portion of the bed of the navigable water was filled before
1the effective date of this paragraph .... [LRB inserts date], and the filled portion was
2not subject to a lease under s. 24.39 before the effective date of this paragraph ....
3[LRB inserts date].
SB24,10,104
(b) If the bed, or portion of a bed, of a navigable water within an established
5bulkhead line was not filled before the effective date of this paragraph .... [LRB
6inserts date], a riparian owner may place fill or a structure on the bed of that
7navigable water without obtaining an approval under this chapter if the riparian
8owner places the fill or the structure in a portion of the bed of the navigable water
9that was not subject to a lease under s. 24.39 before the effective date of this
10paragraph .... [LRB inserts date], and places the fill or structure for a public purpose.
SB24, s. 7
11Section
7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.)
12and amended to read:
SB24,10,1413
30.12
(1g) (f) 1. (intro.) A pier or wharf
that is no to which all of the following
14apply:
SB24,10,15
15a. It is no more than 6 feet wide
, that extends.
SB24,10,19
16b. It extends no further than to a point where the water is 3 feet at its maximum
17depth
as measured at summer low levels, or to the point where there is adequate
18depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from
19the shoreline
, and that has.
SB24,10,22
20c. It has no more than 2 boat slips for the first 50 feet of
the riparian owner's
21shoreline footage and no more than one additional boat slip for each additional 50
22feet of the riparian owner's shoreline
footage.
SB24,11,2
232. Notwithstanding the width limitation in
this paragraph subd. 1., a pier may
24have an area as a loading platform that is more than 6 feet wide if the
surface area
25of the platform
is not more than 8 feet wide, it extends perpendicular to one or both
1sides of the pier, and it is located at the lakeward end of the pier or at the end of the
2pier that extends into a stream does not exceed 200 square feet.
SB24, s. 8
3Section
8. 30.12 (1h) of the statutes is created to read:
SB24,11,94
30.12
(1h) Personal watercraft secured to piers allowed. A riparian owner
5may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the
6riparian owner's shoreline footage and one additional personal watercraft for each
7additional 50 feet of the riparian owner's shoreline footage without affecting the
8riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of
9this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
SB24, s. 9
10Section
9. 30.12 (1j) (c) of the statutes is amended to read:
SB24,11,2011
30.12
(1j) (c) If the riparian owner or owners of a property described in par. (a)
12are eligible and propose to place a pier or wharf with the number of boat slips
13specified in par. (a), the riparian owner or owners shall apply to the department for
14an individual permit under s. 30.208 authorizing the configuration of the pier or
15wharf unless the configuration is authorized by the department under a general
16permit under s. 30.206
(1g). The department may not deny the permit on the basis
17of the number of slips proposed by the riparian owner or owners if the number of slips
18proposed does not exceed the number allowed under par. (a). A riparian owner or
19owners who apply for a permit under this paragraph shall be presumed to be entitled
20to the number of slips allowed under par. (a).
SB24, s. 10
21Section
10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b)
22and amended to read:
SB24,12,223
30.12
(1k) (b) In addition to the exemptions under sub. (1g), a riparian owner
24of a pier or wharf that was placed on the bed of a navigable water
on or before
25February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt
1from the permit requirements under this section if
all of the following apply: the pier
2or wharf does not interfere with the riparian rights of other riparian owners.
SB24, s. 11
3Section
11. 30.12 (1k) (b) 1. of the statutes is repealed.
SB24, s. 12
4Section
12. 30.12 (1k) (b) 2. of the statutes is repealed.
SB24, s. 14
7Section
14. 30.12 (1k) (c) of the statutes is repealed.
SB24, s. 15
8Section
15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
SB24,12,119
30.12
(1k) (cm) (intro.)
Except as provided in par. (d), the The department may
10not take any enforcement action under this chapter against a riparian owner for the
11placement of any of the following:
SB24, s. 16
12Section
16. 30.12 (1k) (cm) 1. of the statutes is amended to read:
SB24,12,1513
30.12
(1k) (cm) 1. A structure for which the department has issued a permit
14under this section
on or before February 6, 2004, if the structure is in compliance with
15that permit.
SB24, s. 17
16Section
17. 30.12 (1k) (cm) 2. of the statutes is amended to read:
SB24,12,1917
30.12
(1k) (cm) 2. A structure for which the department has issued a written
18authorization
on or before February 6, 2004, if the structure is in compliance with
19that written authorization.
SB24, s. 18
20Section
18. 30.12 (1k) (d) of the statutes is repealed.
SB24, s. 19
21Section
19. 30.12 (1k) (e) 2. of the statutes is amended to read:
SB24,13,222
30.12
(1k) (e) 2. If the exempt structure is a pier or wharf, relocate or
23reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf
,
24the riparian owner registered the pier or wharf with the department under par. (b)
253. and, before relocating or reconfiguring the pier or wharf, the riparian owner
1registers the reconfigured or relocated pier or wharf with the department under this
2subdivision.
SB24, s. 20
3Section
20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
4and amended to read:
SB24,13,85
30.12
(3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's
6property for the purpose of storing or protecting watercraft and associated materials,
7except that no general or individual permit may be issued for a permanent boat
8shelter that is constructed after May 3, 1988, if
the
any of the following apply:
SB24,13,10
9a. The property on which the permanent boat shelter is to be located also
10contains a boathouse within 75 feet of the ordinary high-water mark
or if there.
SB24,13,11
11b. There is a boathouse over navigable waters adjacent to the owner's property.
SB24, s. 21
12Section
21. 30.12 (3) (a) 6. c. of the statutes is created to read:
SB24,13,1413
30.12
(3) (a) 6. c. The permanent boat shelter extends beyond the waterward
14end of the owner's pier or the waterward side of the owner's wharf.
SB24, s. 22
15Section
22. 30.12 (3) (a) 14. of the statutes is created to read:
SB24,13,1916
30.12
(3) (a) 14. Place a pier or wharf on the bed of a navigable water that is
17in, or that would directly affect, an area of special natural resource interest and that
18is adjacent to the owner's property if the pier or wharf meets the requirements of sub.
19(1g) (f).
SB24, s. 23
20Section
23. 30.12 (3) (br) of the statutes is repealed.
SB24, s. 24
21Section
24. 30.12 (3) (d) of the statutes is created to read: