AB1,154,1717 2. Construction or maintenance of irrigation ditches.
AB1,154,2018 3. Construction or maintenance of farm roads, forest roads, or temporary
19mining roads that is performed in accordance with best management practices, as
20determined by the department.
AB1,154,2121 4. Maintenance of drainage ditches.
AB1,154,2322 (c) An exemption under par. (a) or (b) does not apply to a federal wetland if the
23exemption conflicts with 33 USC 1344.
AB1,154,25 24(11) Relationship to other laws. None of the following apply to a mining
25operation or bulk sampling:
AB1,155,1
1(a) Section 281.36, except as otherwise specifically provided in this section.
AB1,155,32 (b) Any rule promulgated under s. 281.36, except as otherwise specifically
3provided in this section.
AB1,155,54 (c) Any other rule promulgated by the department that relates to wetlands that
5conflicts with this section.
AB1,155,8 6295.605 Impacts to navigable waters. (1) Definition. In this section,
7"navigable water activity" means an activity for which an approval is required under
8s. 30.12, 30.123, 30.19, 30.195, or 30.20.
AB1,155,11 9(2) Approval required. No person may engage in any navigable water activity
10associated with bulk sampling or mining unless the person has been granted an
11approval as provided under sub. (4).
AB1,155,15 12(3) Application; riparian status. (a) For purposes of an approval under ss.
1330.12, 30.123, 30.19, 30.195, and 30.20, a person who is not the owner of a piece of
14riparian property may exercise a riparian right held by the owner of the piece of
15riparian property if any of the following apply:
AB1,155,1616 1. The person leases the piece of riparian property from the owner.
AB1,155,1817 2. The person holds an easement on the piece of riparian property and the
18easement authorizes the person to exercise that riparian right.
AB1,155,2119 (b) If a person is applying for more than one approval for a navigable water
20activity, the person may file a single application. The application shall include any
21information requested by the department under s. 295.45 (3).
AB1,155,24 22(4) Requirements. (a) Generally. The department shall grant an approval for
23a navigable water activity if the navigable water activity meets all of the following
24requirements:
AB1,156,2
11. The navigable water activity will not significantly impair public rights and
2interests in a navigable water.
AB1,156,43 2. The navigable water activity will not significantly reduce the effective flood
4flow capacity of a stream.
AB1,156,65 3. The navigable water activity will not significantly affect the rights of
6riparian owners or the applicant obtains the consent of the riparian owners.
AB1,156,77 4. The navigable water activity will not significantly degrade water quality.
AB1,156,118 (b) Measures. The person applying for the approval shall submit a plan to the
9department containing proposed measures to meet the requirements under par. (a)
10and a proposed schedule for implementing the measures. The plan shall include one
11or more of the following measures:
AB1,156,1412 1. Measures to offset significant impacts to navigable waters by providing
13public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
14exchange for each acre of navigable waters that is significantly impacted.
AB1,156,1515 2. Measures to improve public rights or interests in navigable waters.
AB1,156,1616 3. Measures to offset significant impacts to water quality or quantity.
AB1,156,1717 4. Measures to enhance flood storage.
AB1,156,1818 5. A mitigation program as provided under s. 295.60 (8).
AB1,156,1919 6. Conservation measures as provided in s. 295.61.
AB1,157,220 (bn) Plan review; finding. In reviewing the plan, the department may require
21that measures that are in addition to, or in conjunction with, one or more of the
22measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
23and application, if the department finds that the requirements under par. (a) will be
24met by implementing some or all of the measures contained in the plan, the

1department shall determine which measures shall be required, shall approve a
2schedule for implementation, and shall grant the approval.
AB1,157,83 (c) Applicability of requirements. The requirements that are specified in par.
4(a) 1. to 4. are in lieu of any requirements required for approvals under ss. 30.12 (3m)
5(c), 30.123 (8) (c), 30.19 (4) (c), 30.195 (2) (c), and 30.20, including those that relate
6to the state's or public's interests, and shall be used, in conjunction with the measures
7required under par. (b), in any evaluation by the department pursuant to 33 USC
81341
.
AB1,157,12 9(5) Approval conditions. The department may impose conditions in an
10approval for a navigable water activity that it determines to be necessary to ensure
11that the navigable water activities subject to the approval meet the requirements
12under sub. (4) (a).
AB1,157,15 13(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
14under that chapter apply to any navigable water activity subject to this section to the
15extent that they do not conflict with this section, except as provided in par. (b).
AB1,157,1716 (b) Sections 30.209 and 30.2095 and any rules promulgated under those
17sections, do not apply to any navigable water activity that is subject to this section.
AB1,157,18 18295.607 Shoreland and floodplain zoning. (1) (a) In this section:
AB1,157,2019 1. "Development or construction activity" means a waste site, structure,
20building, fill, or other development or construction activity.
AB1,157,2221 2. "Shoreland zoning ordinance" means a shoreland zoning ordinance or
22regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.
AB1,158,2 23(2) (a) The department may not prohibit a development or construction activity
24to be located in an area that would otherwise be prohibited under a shoreland zoning

1ordinance if the development or construction activity is authorized by the
2department as part of a mining operation covered by a mining permit under s. 295.58.
AB1,158,83 (b) A development or construction activity located in an area that would
4otherwise be prohibited under a shoreland zoning ordinance does not violate the
5applicable ordinance if the development or construction activity is authorized by the
6department as part of a mining operation covered by a mining permit under s. 295.58.
7No shoreland zoning variance is required for a development or construction activity
8located as provided under this paragraph.
AB1,158,13 9(3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit
10development or construction activity authorized by the department as part of a
11mining operation covered by a mining permit under s. 295.58, except to the extent
12necessary for the municipality to which the floodplain zoning ordinance applies to
13maintain eligibility for participation in the National Flood Insurance Program.
AB1,158,15 14295.61 Withdrawals of surface waters and groundwater. (1)
15Definitions. In this section:
AB1,158,1716 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
17(b).
AB1,158,1918 (b) "Environmentally sound and economically feasible water conservation
19measures" has the meaning given in s. 281.346 (1) (i).
AB1,158,2020 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
AB1,158,2121 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
AB1,158,2222 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
AB1,158,2423 (em) "Riparian restoration project" means a project that will restore or enhance
24the natural beneficial uses and value of a watercourse.
AB1,158,2525 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
AB1,159,1
1(g) Unless the context otherwise requires, "use" includes dewatering.
AB1,159,22 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).
AB1,159,33 (i) "Withdrawal" has the meaning given in s. 281.35 (1) (m).
AB1,159,12 4(2) Permit required. No person may engage in any withdrawal or use of surface
5water as part of a mining operation or bulk sampling, including a withdrawal or use
6associated with a system or plant under s. 281.41, unless the person has been issued
7a water withdrawal permit under this section. No person may engage in any
8withdrawal or use of groundwater, including a withdrawal or use associated with a
9system or plant under s. 281.41, as part of a mining operation or bulk sampling if the
10capacity and rate of withdrawal of all wells involved in the withdrawal of
11groundwater or in the dewatering of mines exceeds 100,000 gallons each day unless
12the person has been issued a water withdrawal permit under this section.
AB1,159,16 13(3) Permit application. (a) Application. A person applying for a water
14withdrawal permit is required to submit only one application. An application for a
15water withdrawal permit shall include any information requested by the department
16under s. 295.45 (3).
AB1,159,1917 (am) Applicant status. 1. A person is not required to be the owner of a piece
18of riparian property in order to obtain a permit to withdraw surface water from that
19piece of riparian property if any of the following applies:
AB1,159,2020 a. The person leases the piece of riparian property from the owner.
AB1,159,2121 b. The person holds an easement on the piece of riparian property.
AB1,159,2422 2. A person is not required to be the owner of a piece of property in order to
23obtain a permit to withdraw groundwater from that piece of property if any of the
24following applies:
AB1,159,2525 a. The person leases the piece of property from the owner.
AB1,160,1
1b. The person holds an easement on the piece of property.
AB1,160,32 c. The person has obtained permission from the owner to withdraw
3groundwater from that piece of property.
AB1,160,144 (b) Siting analysis. If withdrawal of water at a mining operation or for bulk
5sampling will involve one or more high capacity wells, the department shall require
6an applicant for a water withdrawal permit to submit a siting analysis for the
7purpose of determining the location of the high capacity wells. The analysis shall
8include alternate proposed locations for each high capacity well. In evaluating a
9submitted analysis, the department shall recognize there is a need for mining waste
10sites and processing facilities, including wastewater and sludge storage or treatment
11lagoons, to be contiguous to the location of the ferrous mineral deposit, and shall
12allow any high capacity well to be located so that need will be met. The department
13shall approve the location of each high capacity well as part of the permit issued
14under sub. (4).
AB1,160,2015 (c) Entry to land. After an application for a water withdrawal permit has been
16submitted under this section, the applicant may enter any land from which the
17applicant proposes to withdraw water or use water for the purpose of making any
18surveys required for the mining operation or bulk sampling, but no work may be
19commenced necessary for the mining operation or the bulk sampling until the
20department issues the permit under this section.
AB1,160,23 21(4) Permit issuance. (a) General requirements. The department shall issue
22a water withdrawal permit if it determines that the withdrawal or use of the surface
23water or groundwater meets all of the following requirements:
AB1,161,3
11. The proposed withdrawal and uses of the water are substantially consistent
2with the protection of public health, safety, and welfare and will not be significantly
3detrimental to the public interest.
AB1,161,64 2. The proposed withdrawal and uses of the water will not have a significant
5adverse impact on the environment and ecosystem of the Great Lakes basin or the
6Upper Mississippi River basin.
AB1,161,87 3. The proposed withdrawal and use of the water will not be significantly
8detrimental to the quantity and quality of the waters of the state.
AB1,161,119 4. The proposed withdrawal and use of the water will not significantly impair
10the rights of riparian owners or the applicant obtains the consent of the riparian
11owners.
AB1,161,1312 5. The proposed withdrawal and use of the water will not result in significant
13injury to public rights in navigable waters.
AB1,161,1514 6. If the withdrawal or the use of the water will result in an interbasin
15diversion, the requirements of s. 281.35 (5) (d) 7. are met.
AB1,161,1716 7. The proposed withdrawal or use of the water will comply with any
17requirements imposed by the department under par. (cm).
AB1,161,2118 (b) Conservation measures. The person applying for the permit shall submit
19a plan to the department containing proposed conservation measures to meet the
20requirements under par. (a) and a proposed schedule for implementing the
21measures. The plan shall include one or more of the following measures:
AB1,161,2322 1. Environmentally sound and economically feasible water conservation
23measures.
AB1,162,3
12. Restoration of hydrologic conditions and functions of the source watershed,
2or if the withdrawal is from a stream tributary to one of the Great Lakes, restoration
3of the hydrologic conditions and functions of that stream.
AB1,162,44 3. Protection of important upland groundwater recharge areas.
AB1,162,55 4. Stabilization of shorelands.
AB1,162,76 5. Restoration or enhancement of the natural beneficial uses and values of a
7stream or river.
AB1,162,98 6. Implementation of any feasible methods to offset impacts to water quality
9or quantity.
AB1,162,1110 7. Supplementation of additional water to water bodies to offset lower water
11levels.
AB1,162,1312 8. Taking steps to improve public rights or interests in navigable waters, if
13navigable waters are subject to the permit.
AB1,162,1414 9. A mitigation program as provided in s. 295.60 (8).
AB1,162,1715 10. Measures to offset significant impacts to navigable waters by providing
16public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
17exchange for each acre of natural navigable waters that is significantly impacted.
AB1,162,1818 11. A riparian restoration project.
AB1,162,1919 12. Measures as provided in s. 295.605.
AB1,163,220 (bn) Plan review; finding. In reviewing the plan, the department may require
21that conservation measures that are in addition to, or in conjunction with, one or
22more of the conservation measures specified in par. (b) 1. to 12. be included in the
23plan. After reviewing the plan and application, if the department finds that the
24requirements under par. (a) will be met by implementing some or all of the
25conservation measures contained in the plan, the department shall determine which

1measures shall be required, shall approve a schedule for implementation, and shall
2issue the permit.
AB1,163,83 (cm) Impacts to water supplies. If the department determines that a proposed
4withdrawal or use of water will result in a significant impact to a public or private
5water supply, the department shall require the applicant to offset that impact in a
6manner approved by the department, which may include a requirement that the
7applicant provide a replacement water supply of similar quality or provide an
8increased amount of water to the water supply.
AB1,163,109 (e) Use of waters on nonriparian property. Water withdrawn in accordance with
10a water withdrawal permit may be used on nonriparian property.
AB1,163,1611 (f) Limits on permit denials. If the department determines that one of the water
12withdrawal activities subject to an application for a water withdrawal permit does
13not meet the requirements for issuing the permit under par. (a) and will not be
14authorized under the permit, the failure to authorize the activity may not affect the
15department's determination as to whether to approve or deny the permit for other
16water withdrawal activities that are subject to the application.
AB1,163,20 17(5) Permit conditions. (a) The department may impose reasonable conditions
18in a water withdrawal permit that, except as provided in par. (b), may not interfere
19with the mining operation or bulk sampling or limit the amount of water needed for
20the mining operation or bulk sampling and that relate to any of the following:
AB1,163,2121 1. The location of the withdrawal or use.
AB1,163,2222 2. The authorized base level of water loss from the withdrawal or use.
AB1,163,2423 3. The dates on which or seasons during which withdrawal or use of the water
24may occur.
AB1,163,2525 4. The purposes for the withdrawal or use of the water.
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