AB600-ASA1,18,76
30.20
(1g) (b) 3. The removal is necessary to perform an activity authorized
7under s. 30.125 (2).
AB600-ASA1,37
8Section
37. 30.20 (1t) (b) of the statutes is created to read:
AB600-ASA1,18,99
30.20
(1t) (b) 1. In this paragraph:
AB600-ASA1,18,1010
a. "Inland lake" means an inland water that is a lake.
AB600-ASA1,18,1111
b. "Inland water" has the meaning given in s. 29.001 (45).
AB600-ASA1,18,1312
c. "Line of navigation" means the depth of a navigable water required to operate
13a boat on the navigable water.
AB600-ASA1,18,1714
d. "Riparian zone" means the area that extends from riparian land waterward
15to the line of navigation as determined by a method that establishes riparian zone
16lines between adjacent riparian owners in a manner that equitably apportions access
17to the line of navigation.
AB600-ASA1,18,2018
2. The department shall issue a statewide general permit under s. 30.206 that
19authorizes any riparian owner to remove material in the following amounts from a
20lake bed in the riparian owner's riparian zone:
AB600-ASA1,18,2121
a. From an inland lake, up to 30 cubic yards.
AB600-ASA1,18,2222
b. From an outlying water, up to 100 cubic yards.
AB600-ASA1,18,2323
2m. The department may impose any of the following conditions on the permit:
AB600-ASA1,18,2524
a. That the removal may not occur in a navigable water that is identified as an
25outstanding or exceptional resource water under s. 281.15.
AB600-ASA1,19,2
1b. That the total amount of material removed may not exceed 50 cubic yards
2per year.
AB600-ASA1,19,53
c. That the material may be removed only as necessary to allow the riparian
4owner to navigate from the shoreline of his or her riparian property to the line of
5navigation.
AB600-ASA1,19,86
d. That the riparian owner shall use best management practices, established
7by the department and published on its Internet site, for the removal and disposal
8of the material.
AB600-ASA1,19,129
e. That the removal may not result in a water depth of more than 3 feet, as
10measured at summer low levels, a depth adequate for mooring a boat or using a boat
11hoist or boat lift, or a depth extending to the bottom of a layer of primarily organic
12sediment, whichever is greater.
AB600-ASA1,19,1413
f. That the removal may not interfere with the rights of neighboring riparian
14owners.
AB600-ASA1,19,1715
3. The department may not limit to non-mechanized equipment the types of
16equipment that may be used to conduct the activity under the general permit under
17this paragraph.
AB600-ASA1,38
18Section
38. 30.20 (1t) (c) of the statutes is created to read:
AB600-ASA1,19,2219
30.20
(1t) (c) The department may not require a person to collect a sediment
20sample prior to proceeding under a general permit issued under par. (a) unless the
21department has specific information that indicates the potential that contaminants
22may be present in the material proposed to be dredged.
AB600-ASA1,39
23Section
39. 30.20 (2) (cn) of the statutes is created to read:
AB600-ASA1,20,224
30.20
(2) (cn) The department may not require an applicant for a permit under
25par. (bn) to collect a sediment sample unless the department has specific information
1that indicates the potential that contaminants may be present in the material
2proposed to be dredged.
AB600-ASA1,40
3Section
40. 30.206 (1) (a) of the statutes is amended to read:
AB600-ASA1,20,64
30.206
(1) (a) The department shall issue the statewide general permits
5required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a)
and
6(b).
AB600-ASA1,41
7Section
41. 30.29 (3) (d) of the statutes is amended to read:
AB600-ASA1,20,138
30.29
(3) (d)
Activities for which a permit is issued Authorized activities. A
9person or agent of a person who is engaged in activities as authorized under a general
10or individual permit issued under this subchapter or as authorized under a contract
11entered into under this subchapter
or who is engaged in activities landward of a
12lawfully established bulkhead line for which no permit or contract is required under
13this subchapter.
AB600-ASA1,42
14Section
42. 31.02 (1) of the statutes is amended to read:
AB600-ASA1,21,215
31.02
(1) The department, in the interest of public rights in navigable waters
16or, to promote safety
, and
to protect life, health
and, property
, property values, and
17economic values may regulate and control the level and flow of water in all navigable
18waters and may erect, or may order and require bench marks to be erected, upon
19which shall be designated the maximum level of water that may be impounded and
20the lowest level of water that may be maintained by any dam heretofore or hereafter
21constructed and maintained and which will affect the level and flow of navigable
22waters; and may by order fix a level for any body of navigable water below which the
23same shall not be lowered except as provided in this chapter; and shall establish and
24maintain gauging stations upon the various navigable waters of the state and shall
1take other steps necessary to determine and record the characteristics of such
2waters.
AB600-ASA1,43
3Section
43. 31.185 (5) of the statutes is amended to read:
AB600-ASA1,21,84
31.185
(5) As a prerequisite to the granting of a permit under this section, the
5department may require the applicant to comply with such conditions as it deems
6reasonably necessary in the particular case to preserve public rights in navigable
7waters, to promote safety, and to protect life, health
and, property
, property values,
8and economic values.
AB600-ASA1,44
9Section
44. 281.16 (1) (bg) of the statutes is created to read:
AB600-ASA1,21,1110
281.16
(1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b)
11(a).
AB600-ASA1,45
12Section
45. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).
AB600-ASA1,46
13Section
46. 281.16 (2) (c) of the statutes is created to read:
AB600-ASA1,21,2314
281.16
(2) (c) If a covered municipality has obtained all permits required for
15the construction of a storm water management pond in an artificial water body,
16whether navigable or nonnavigable, the department may not prohibit the
17construction of the storm water management pond as a method by which the covered
18municipality may achieve compliance with performance standards under par. (a) or
19with an approved total maximum daily load under
33 USC 1313 (d) (1) (C). The
20department shall give credit to the covered municipality for any pollutant reduction
21achieved by the storm water management pond in determining compliance with
22performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
23or an approved total maximum daily load under
33 USC 1313 (d).
AB600-ASA1,47
24Section
47. 281.36 (3m) (b) of the statutes is amended to read:
AB600-ASA1,22,5
1281.36
(3m) (b)
Analysis of practicable alternatives. An applicant shall include
2in an application submitted under par. (a) an analysis of the practicable alternatives
3that will avoid and minimize the adverse impacts of the discharge on wetland
4functional values and that will not result in any other significant adverse
5environmental consequences
, subject to the limitations in sub. (3n) (a).
AB600-ASA1,48
6Section
48. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.)
7and amended to read:
AB600-ASA1,22,148
281.36
(3n) (a)
Review limits. (intro.) For the purpose of issuing a wetland
9individual permit, during the period between the date on which the application
10under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m)
11(i) is rendered, the department shall conduct its review under this subsection. The
12department shall review the analysis of practicable alternatives presented in the
13application under sub. (3m) (b).
The department shall limit its review of practicable
14alternatives as follows:
AB600-ASA1,22,22
151. The department shall limit its review to those practicable alternatives that
16are located at the site of the discharge and that are located adjacent to that site if the
17applicant has demonstrated that the proposed project causing the discharge will
18result in a demonstrable economic public benefit, that the proposed project is
19necessary for the expansion of an existing industrial, commercial, or agricultural
20facility that is in existence at the time the application is submitted, or that the
21proposed project will occur in an industrial park that is in existence at the time the
22application is submitted.
AB600-ASA1,49
23Section
49. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:
AB600-ASA1,23,224
281.36
(3n) (a) 2. Except as provided in par. (am), the department shall limit
25its review to those practicable alternatives that are located on the property owned
1by the applicant for a project involving fewer than 2 acres of wetland if the project
2is limited to one of the following:
AB600-ASA1,23,43
a. The construction or expansion of a single-family home and attendant
4features.
AB600-ASA1,23,55
b. The construction or expansion of a barn or farm buildings.
AB600-ASA1,23,66
c. The expansion of a business project.
AB600-ASA1,23,117
3. The department shall limit its review to those practicable alternatives that
8are consistent with the overall purpose and scope of the project. The department
9shall impose a level of scrutiny and require an applicant to provide an amount of
10information that is commensurate with the severity of the environmental impact of
11the project, as determined by the department.
AB600-ASA1,50
12Section
50. 281.36 (3n) (am) of the statutes is created to read:
AB600-ASA1,23,1713
281.36
(3n) (am)
Exception to review limit. A project that is part of a common
14plan of development that is initiated after July 1, 2012, is not eligible for the limited
15review under par. (a) 2. unless the wetland boundaries on the project site as shown
16in an onsite delineation have changed since commencement of the development
17project.
AB600-ASA1,51
18Section
51. 281.36 (4) (d) of the statutes is amended to read:
AB600-ASA1,23,2119
281.36
(4) (d) Maintenance of drainage
or roadside ditches
except for those
20drainage or roadside ditches that serve as fish spawning habitat or passages to
21spawning habitat in the counties of Brown and Oconto.
AB600-ASA1,52
22Section
52. 281.36 (4) (f) of the statutes is created to read:
AB600-ASA1,23,2423
281.36
(4) (f) Maintenance, operation, or abandonment of a sedimentation or
24stormwater detention basin and associated conveyance features.