AB600,14,1715
30.19
(1b) (a) "Artificial water body" means a
proposed or existing body of
16water that does not have a history of being a lake or stream or of being part of a lake
17or stream.
AB600,27
18Section
27. 30.19 (1g) (a) of the statutes is amended to read:
AB600,14,2019
30.19
(1g) (a) Construct, dredge, or enlarge any artificial water body that
20connects with
a an existing navigable waterway.
AB600,28
21Section
28. 30.19 (1g) (am) of the statutes is amended to read:
AB600,15,222
30.19
(1g) (am) Construct
, dredge, or enlarge any part of an artificial water
23body that is
or will be located within 500 feet of the ordinary high-water mark of
, but
24that does not or will not connect with, an existing navigable waterway
, including.
25An artificial water body that meets the requirements of this paragraph includes a
1stormwater management pond that does not discharge into a navigable waterway
2except as a result of storm events.
AB600,29
3Section
29. 30.19 (1m) (dm) of the statutes is created to read:
AB600,15,74
30.19
(1m) (dm) The dredging of any part of an artificial water that does not
5connect with a navigable waterway. An artificial water body that meets the
6requirements of this paragraph includes a stormwater management pond that does
7not discharge into a navigable waterway except as a result of storm events.
AB600,30
8Section
30. 30.20 (1g) (b) 3. of the statutes is created to read:
AB600,15,109
30.20
(1g) (b) 3. The removal is necessary to perform an activity authorized
10under s. 30.125 (2).
AB600,31
11Section
31. 30.20 (1t) (b) of the statutes is created to read:
AB600,15,1212
30.20
(1t) (b) 1. In this paragraph:
AB600,15,1313
a. "Inland lake" means an inland water that is a lake.
AB600,15,1414
b. "Inland water" has the meaning given in s. 29.001 (45).
AB600,15,1715
2. The department shall issue a statewide general permit under s. 30.206 that
16authorizes any riparian owner to remove material in the following amounts once in
17a calendar year from a lake bed adjacent to the riparian owner's riparian property:
AB600,15,1818
a. From an inland lake, 30 cubic yards.
AB600,15,1919
b. From an outlying water, 100 cubic yards.
AB600,15,2220
3. The department may not limit to non-mechanized equipment the types of
21equipment that may be used to conduct the activity under the general permit under
22this paragraph.
AB600,32
23Section
32. 30.20 (1t) (c) of the statutes is created to read:
AB600,16,224
30.20
(1t) (c) The department may not require a person to collect a sediment
25sample prior to proceeding under a general permit issued under par. (a) unless the
1department has specific information that indicates the potential that contaminants
2may be present in the material proposed to be dredged.
AB600,33
3Section
33. 30.20 (2) (cn) of the statutes is created to read:
AB600,16,74
30.20
(2) (cn) The department may not require an applicant for a permit under
5par. (bn) to collect a sediment sample unless the department has specific information
6that indicates the potential that contaminants may be present in the material
7proposed to be dredged.
AB600,34
8Section
34. 30.206 (1) (a) of the statutes is amended to read:
AB600,16,119
30.206
(1) (a) The department shall issue the statewide general permits
10required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a)
and
11(b).
AB600,35
12Section
35. 30.29 (3) (d) of the statutes is amended to read:
AB600,16,1813
30.29
(3) (d)
Activities for which a permit is issued Authorized activities. A
14person or agent of a person who is engaged in activities as authorized under a general
15or individual permit issued under this subchapter or as authorized under a contract
16entered into under this subchapter
or who is engaged in activities landward of a
17lawfully established bulkhead line for which no permit or contract is required under
18this subchapter.
AB600,36
19Section
36. 31.02 (1) of the statutes is amended to read:
AB600,17,620
31.02
(1) The department, in the interest of public rights in navigable waters
21or, to promote safety
, and
to protect life, health
and, property
, property values, and
22economic values may regulate and control the level and flow of water in all navigable
23waters and may erect, or may order and require bench marks to be erected, upon
24which shall be designated the maximum level of water that may be impounded and
25the lowest level of water that may be maintained by any dam heretofore or hereafter
1constructed and maintained and which will affect the level and flow of navigable
2waters; and may by order fix a level for any body of navigable water below which the
3same shall not be lowered except as provided in this chapter; and shall establish and
4maintain gauging stations upon the various navigable waters of the state and shall
5take other steps necessary to determine and record the characteristics of such
6waters.
AB600,37
7Section
37. 31.185 (5) of the statutes is amended to read:
AB600,17,128
31.185
(5) As a prerequisite to the granting of a permit under this section, the
9department may require the applicant to comply with such conditions as it deems
10reasonably necessary in the particular case to preserve public rights in navigable
11waters, to promote safety, and to protect life, health
and
, property
, property values,
12and economic values.
AB600,38
13Section
38. 281.16 (2) (c) of the statutes is created to read:
AB600,17,1914
281.16
(2) (c) The department may not prohibit the construction of storm water
15management ponds in navigable or nonnavigable artificial waterways as a method
16for achieving compliance with performance standards under par. (a). The
17department shall give credit for any pollutant reduction achieved by a storm water
18management pond in determining compliance with performance standards specified
19in a permit under s. 283.33.
AB600,39
20Section
39. 281.31 (2) (b) of the statutes is created to read:
AB600,17,2221
281.31
(2) (b) "Artificial water body" means a body of water that does not have
22a history of being a lake or stream or of being part of a lake or stream.
AB600,40
23Section
40. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) 1. and
24amended to read:
AB600,18,4
1281.36
(3n) (a) 1. For the purpose of issuing a wetland individual permit,
2during the period between the date on which the application under sub. (3m) (a) is
3submitted and the date on which a decision under sub. (3m) (i) is rendered, the
4department shall conduct its review under this subsection.
AB600,18,6
52. The department shall review the analysis of practicable alternatives
6presented in the application under sub. (3m) (b).
The
AB600,18,14
73. For federal wetlands, the department shall limit its review to those
8practicable alternatives that are located at the site of the discharge and that are
9located adjacent to that site if the applicant has demonstrated that the proposed
10project causing the discharge will result in a demonstrable economic public benefit,
11that the proposed project is necessary for the expansion of an existing industrial,
12commercial, or agricultural facility that is in existence at the time the application is
13submitted, or that the proposed project will occur in an industrial park that is in
14existence at the time the application is submitted.
AB600,41
15Section
41. 281.36 (3n) (a) 4. of the statutes is created to read:
AB600,18,1716
281.36
(3n) (a) 4. For nonfederal wetlands, the department shall limit its
17review to those practicable alternatives to which all of the following apply:
AB600,18,1918
a. The practicable alternative is consistent with the overall purpose and scope
19of the project.
AB600,18,2320
b. The practicable alternative is located at the site of the discharge or located
21adjacent to that site if both sites are owned by the same person. This requirement
22does not apply if the proposed discharge affects more than 20 percent of the area of
23the site or more than 5 acres.
AB600,42
24Section
42. 281.36 (4) (d) of the statutes is amended to read:
AB600,18,2525
281.36
(4) (d) Maintenance of drainage
or roadside ditches.
AB600,43
1Section
43. 281.36 (4) (f) of the statutes is created to read:
AB600,19,32
281.36
(4) (f) Maintenance, operation, or abandonment of a sedimentation or
3stormwater detention basin and associated conveyance features.