SE1 SB24: Bill Text

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 Section 1. 30.01 (1am) (c) of the statutes is amended to read:

SB24,8,2 30.01 (1am) (c) An area that possesses significant scientific value, as identified by the department under s. 30.106.

SB24, s. 2 Section 2. 30.025 (2) of the statutes is amended to read:

SB24,8,13 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985 or as a notice on the department's Internet Web site. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.

SB24, s. 3 Section 3. 30.10 (4) (a) of the statutes is amended to read:

SB24,8,17 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

SB24, s. 4 Section 4. 30.102 of the statutes is created to read:

SB24,8,25 30.102 Web site information. (1) Navigability determination and ordinary high-water mark identification. If the department makes a determination that a waterway is navigable or is not navigable or identifies the ordinary high-water mark of a navigable waterway, the department shall publish that information on the department's Internet Web site. Any person may rely on the information posted under this section as accurate. This section does not restrict the ability of a person to challenge the accuracy of the information posted under this section.

SB24,9,5 (2) Application status. To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under ch. 30. The information shall include notice of any hearing scheduled by the department with regard to the application.

SB24, s. 5 Section 5. 30.106 of the statutes is created to read:

SB24,9,8 30.106 Areas of significant scientific value. In identifying areas that possess significant scientific value, the department may include only the following:

SB24,9,10 (1) Specific portions of waters that contain critical habitat for endangered or threatened species.

SB24,9,13 (2) Specific portions of waters that are immediately adjacent to an area that contains critical habitat for endangered or threatened species and that directly affect that habitat.

SB24,9,15 (3) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.

SB24,9,18 (4) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in the most recent assessment conducted by the department.

SB24,9,20 (5) Rivers that are included in the national wild and scenic rivers system and rivers that are designated as wild rivers under s. 30.26.

SB24, s. 6 Section 6. 30.11 (4m) of the statutes is created to read:

SB24,9,25 30.11 (4m) Placement of fill and structures. (a) A riparian owner may place additional fill or a structure on the filled portion of a bed of a navigable water within an established bulkhead line for any purpose without obtaining an approval under this chapter if the filled portion of the bed of the navigable water was filled before the effective date of this paragraph .... [LRB inserts date], and the filled portion was not subject to a lease under s. 24.39 before the effective date of this paragraph .... [LRB inserts date].

SB24,10,10 (b) If the bed, or portion of a bed, of a navigable water within an established bulkhead line was not filled before the effective date of this paragraph .... [LRB inserts date], a riparian owner may place fill or a structure on the bed of that navigable water without obtaining an approval under this chapter if the riparian owner places the fill or the structure in a portion of the bed of the navigable water that was not subject to a lease under s. 24.39 before the effective date of this paragraph .... [LRB inserts date], and places the fill or structure for a public purpose.

SB24, s. 7 Section 7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) and amended to read:

SB24,10,14 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following apply:

SB24,10,15 a. It is no more than 6 feet wide, that extends.

SB24,10,19 b. It extends no further than to a point where the water is 3 feet at its maximum depth as measured at summer low levels, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from the shoreline, and that has.

SB24,10,22 c. It has no more than 2 boat slips for the first 50 feet of the riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline footage.

SB24,11,2 2. Notwithstanding the width limitation in this paragraph subd. 1., a pier may have an area as a loading platform that is more than 6 feet wide if the surface area of the platform is not more than 8 feet wide, it extends perpendicular to one or both sides of the pier, and it is located at the lakeward end of the pier or at the end of the pier that extends into a stream does not exceed 200 square feet.

SB24, s. 8 Section 8. 30.12 (1h) of the statutes is created to read:

SB24,11,9 30.12 (1h) Personal watercraft secured to piers allowed. A riparian owner may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the riparian owner's shoreline footage and one additional personal watercraft for each additional 50 feet of the riparian owner's shoreline footage without affecting the riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).

SB24, s. 9 Section 9. 30.12 (1j) (c) of the statutes is amended to read:

SB24,11,20 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).

SB24, s. 10 Section 10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) and amended to read:

SB24,12,2 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.

SB24, s. 11 Section 11. 30.12 (1k) (b) 1. of the statutes is repealed.

SB24, s. 12 Section 12. 30.12 (1k) (b) 2. of the statutes is repealed.

SB24, s. 13 Section 13. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 25, is repealed.

SB24, s. 14 Section 14. 30.12 (1k) (c) of the statutes is repealed.

SB24, s. 15 Section 15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:

SB24,12,11 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:

SB24, s. 16 Section 16. 30.12 (1k) (cm) 1. of the statutes is amended to read:

SB24,12,15 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.

SB24, s. 17 Section 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:

SB24,12,19 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.

SB24, s. 18 Section 18. 30.12 (1k) (d) of the statutes is repealed.

SB24, s. 19 Section 19. 30.12 (1k) (e) 2. of the statutes is amended to read:

SB24,13,2 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.

SB24, s. 20 Section 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:

SB24,13,8 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:

SB24,13,10 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.

SB24,13,11 b. There is a boathouse over navigable waters adjacent to the owner's property.

SB24, s. 21 Section 21. 30.12 (3) (a) 6. c. of the statutes is created to read:

SB24,13,14 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.

SB24, s. 22 Section 22. 30.12 (3) (a) 14. of the statutes is created to read:

SB24,13,19 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 meets the requirements of sub. (1g) (f).

SB24, s. 23 Section 23. 30.12 (3) (br) of the statutes is repealed.

SB24, s. 24 Section 24. 30.12 (3) (d) of the statutes is created to read:

SB24,13,25 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.

SB24, s. 25 Section 25. 30.121 (1) of the statutes is created to read: