Current law requires DNR to issue certain wetland general permits for
discharges to wetlands that are necessary for the treatment or disposal of hazardous
waste or toxic pollutants if not more than two acres of wetlands are affected, and
discharges for commercial, residential, or agricultural purposes if not more than
10,000 square feet of wetland are affected. Current law allows DNR to establish
different requirements, conditions, and exceptions in general permits to ensure that
the discharges will cause only minimal adverse environmental effects. Current law
establishes a procedure for obtaining authorization to proceed under a wetland
general permit that is similar to the procedure for obtaining authorization under
general permits that authorize structures and other activities in or near navigable
waters. Current law also authorizes DNR to require a person to apply for and obtain
a wetland individual permit if DNR determines that conditions specific to the site
require additional restrictions on the discharge in order to provide reasonable
assurance that no significant adverse impacts to wetland functional values will
occur.
This bill exempts from the permitting requirement any discharge that is the
result of maintaining a roadside ditch or sedimentation or storm water detention
basin and associated conveyance features.
Practicable alternatives review
Under current law, DNR reviews the practicable alternatives presented in an
application for a individual permit, and must find that the project complies with
wetland quality standards if it determines that the proposed project represents the
least environmentally damaging practicable alternative, all practicable measures to
minimize the adverse impact to wetland functional values will be taken, and the
discharge will not result in significant adverse impacts to wetland functional values
or to water quality or result in any other significant adverse environmental
consequences. Upon making such a finding, DNR is authorized, but is not required,
to issue a wetland individual permit. Current law requires DNR to limit its review
of practicable alternatives to those that are located at the site of the discharge or
adjacent to that site if the applicant has demonstrated that the proposed project
causing the discharge will result in a demonstrable economic public benefit, that the
proposed project is necessary for the expansion of an existing industrial, commercial,
or agricultural facility that is in existence at the time the application is submitted,
or that the proposed project will occur in an industrial park that is in existence at the
time the application is submitted. Under this bill, for wetlands that are not subject
to federal jurisdiction, DNR is required to limit its review to those practicable
alternatives that are both consistent with the overall purpose and scope of the project
and are either located at the site of discharge or located adjacent to that site if both
sites are owned by the same owner. The limitation to the discharge site or adjacent
site does not apply if the proposed discharge affects more than 20 percent of the area
of the site or more than five acres.
Utility permit procedure
Under current law, with certain exceptions, a public utility may not begin
construction on a utility project, and no person, including a public utility, may
construct a large electric generating facility or a high-voltage transmission line,
unless the Public Service Commission (PSC) has issued a certificate for the project.
A public utility is a company or municipality that produces or delivers heat, light,
water, or power to or for the public.
Generally, under current law, a person must submit an application to DNR for
each required permit, including an individual permit to conduct an activity in a
navigable water or a discharge in a wetland. If the applicant is a utility that is
required to obtain a certificate from the PSC, however, the utility must submit a
single application to DNR requesting all of the DNR permits that the utility is
required to obtain for a given project affecting navigable waters and wetlands and
must follow a different procedure for obtaining these DNR permits (utility
application procedure).
This bill removes the exemption in current law that provides that the permit
application procedures that would normally apply to an application for an individual
permit do not apply to an application for an individual permit submitted under the
utility application procedure. This bill also removes the exemption in current law
that provides that the procedures that would normally apply to administrative and
judicial review of a DNR decision on an individual permit do not apply to decisions
on an individual permit submitted under the utility application procedure. Also,
under the bill, the only method of review of a DNR decision with respect to any permit
applied for under the utility application procedure is direct judicial review, not a
contested case hearing.
Also under this bill, there is no opportunity to object to, and request a stay of,
a DNR decision related to a wetland individual permit applied for under the utility
application procedure.
Nonpoint water pollution
This bill provides that DNR may not prohibit the construction of storm water
management ponds in navigable or nonnavigable artificial waterways as a method
for achieving compliance with DNR's prescribed performance standards for sources
of nonpoint water pollution, which is water pollution from diffuse sources. DNR's
rules provide that, for the purpose of determining compliance with performance
standards, DNR may give credit for the use of practices, measures, or techniques
(best management practices) that minimize pollutants carried in runoff. The rules
prohibit DNR from giving credit for a best management practice that is located in a
navigable water. The bill provides that DNR must give credit for any pollutant
reduction achieved by the pond in determining compliance with performance
standards specified in a storm water discharge permit.
For further information see the state and local 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:
AB600,1
1Section
1. 23.24 (4) (b) 4. of the statutes is created to read:
AB600,7,32
23.24
(4) (b) 4. A person who engages in an activity listed under sub. (3) (a) in
3the course of performing shoreline maintenance as authorized under s. 30.125.
AB600,2
4Section
2. 30.01 (1am) (c) of the statutes is amended to read:
AB600,7,65
30.01
(1am) (c) An area that possesses significant scientific value, as identified
6by the department
under s. 30.106.
AB600,3
7Section
3. 30.01 (1d) of the statutes is amended to read:
AB600,7,118
30.01
(1d) "Boathouse" means a structure
with one or more walls or sides that
9has been used
for one or more years for the storage of watercraft and associated
10materials
which has one or more walls or sides, regardless of the current use of the
11structure.
AB600,4
12Section
4. 30.025 (5) of the statutes is repealed.
AB600,5
13Section
5. 30.025 (6) of the statutes is created to read:
AB600,7,1714
30.025
(6) Review. Notwithstanding s. 227.42, the sole option for review of a
15decision of the department with respect to a permit under this section or an
16authorization to proceed under this section is to commence an action in circuit court
17to review that decision under ss. 227.52 and 227.53.
AB600,6
18Section
6. 30.053 of the statutes is created to read:
AB600,8,2
1930.053 Applicability of chapter to artificial water bodies. Except as
20specifically provided otherwise in this chapter, nothing in this chapter applies to an
21artificial water body, as defined in s. 30.19 (1b) (a), that is not hydrologically
1connected to a natural navigable waterway and that does not discharge into a
2natural navigable waterway except as a result of storm events.
AB600,7
3Section
7. 30.106 of the statutes is created to read:
AB600,8,6
430.106 Areas that possess significant scientific value. (1) Areas that the
5department may identify as possessing significant scientific value are limited to the
6following:
AB600,8,87
(a) The portion of a body of water that contains critical habitat for endangered
8or threatened species.
AB600,8,119
(b) The portion of a body of water that is immediately adjacent to an area that
10contains critical habitat for endangered or threatened species and that directly
11affects that habitat.
AB600,8,1312
(c) A body of water designated as a wild rice water under a written agreement
13between the department and the Great Lakes Indian Fish and Wildlife Commission.
AB600,8,1514
(d) A body of water in a wetland along Lake Michigan or Lake Superior that
15the department has identified as an ecologically significant coastal wetland.
AB600,8,1616
(e) A river that is included in the national wild and scenic rivers system.
AB600,8,1717
(f) A river that is designated as a wild river under s. 30.26.
AB600,8,24
18(2) The department may not identify an area as possessing significant
19scientific value unless it first notifies the joint committee for review of administrative
20rules in writing of the proposal and obtains the approval of the committee. Any area
21the department has identified as possessing significant scientific value on the
22effective date of this subsection .... [LRB inserts date], that is not identified again as
23possessing significant scientific value using the process under this subsection on or
24before December 31, 2017, loses this identification.
AB600,8
25Section
8. 30.115 of the statutes is created to read:
AB600,9,1
130.115 Ownership of certain filled navigable waters. (1) In this section:
AB600,9,32
(a) "Line of navigation" means the depth of a navigable water that is the greater
3of the following:
AB600,9,44
1. Three feet.
AB600,9,75
2. The depth required to operate a boat on the navigable water based on normal
6summertime low levels on the navigable water or summer minimum levels if
7summer minimum levels are established by the department.
AB600,9,118
(b) "Riparian zone" means the area that extends from riparian land waterward
9to the line of navigation as determined by a method that establishes riparian zone
10lines between adjacent riparian owners in a manner that equitably apportions access
11to the line of navigation.
AB600,9,16
12(2) If a person placed fill on the bed of a navigable water before January 1, 1975,
13the filled area above the ordinary high-water mark is owned by the riparian owner
14in whose riparian zone the fill is located on the effective date of this subsection ....
15[LRB inserts date], if the filled area has continuously remained above the ordinary
16high-water mark since January 1, 1975.
AB600,9,19
17(3) The department may not require the riparian owner of a filled area
18described under sub. (2) to remove the fill, whether above or below the ordinary
19high-water mark, from that area.
AB600,9,21
20(4) Upon request, the department shall furnish a quitclaim deed to the riparian
21owner described under sub. (2).
AB600,9,23
22(5) This section does not apply to a lake bed area conveyed by the legislature
23as provided under s. 13.097.
AB600,9
24Section
9. 30.12 (1g) (am) of the statutes is created to read:
AB600,10,2
130.12
(1g) (am) A deposit of sand, gravel, or stone that is necessary to perform
2an activity authorized under s. 30.125 (2) (a).
AB600,10
3Section
10. 30.12 (1k) (f) of the statutes is amended to read:
AB600,10,94
30.12
(1k) (f)
A decision of If the department
against determines that the
5owner of a structure
for which is not entitled to an exemption
is claimed under this
6subsection
is subject to a trial de novo, the owner may bring an action for declaratory
7judgment under s. 806.04 in the circuit court for the county in which the riparian
8property is located. The owner is not entitled to a contested case hearing or judicial
9review under ch. 227.
AB600,11
10Section
11. 30.12 (3) (a) 3c. of the statutes is amended to read:
AB600,10,1611
30.12
(3) (a) 3c. Place riprap in order to replace or repair existing riprap, other
12than riprap that is exempt under sub. (1g) (i) or (j).
Under the permit, the
13department shall allow riprap to extend to the top of the bank of the navigable water
14or 4 feet above the ordinary high-water mark, whichever is lower. In issuing the
15permit, the department may not impose conditions that prohibit the replacement or
16repair of riprap located in an area of special natural resource interest.
AB600,12
17Section
12. 30.12 (3) (a) 3g. of the statutes is amended to read:
AB600,10,2218
30.12
(3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent
19to an owner's property in an amount up to and including 100 continuous feet in an
20inland lake of 300 acres or more.
Under the permit the department shall allow riprap
21to extend to the top of the bank of the navigable water or 4 feet above the ordinary
22high-water mark, whichever is lower.
AB600,13
23Section
13. 30.12 (3) (a) 3r. of the statutes is amended to read:
AB600,11,324
30.12
(3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent
25to an owner's property in an amount up to and including 300 continuous feet in a
1Great Lakes water body.
Under the permit the department shall allow riprap to
2extend to the top of the bank of the navigable water or 4 feet above the ordinary
3high-water mark, whichever is lower.
AB600,14
4Section
14. 30.12 (3) (a) 6. (intro.) of the statutes is renumbered 30.12 (3) (a)
56. and amended to read:
AB600,11,96
30.12
(3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
7for the purpose of storing or protecting watercraft and associated materials
, except
8that no general or individual permit may be issued for a permanent boat shelter that
9is constructed after May 3, 1988, if any of the following apply:.
AB600,15
10Section
15. 30.12 (3) (a) 6. a., b. and c. of the statutes are repealed.
AB600,16
11Section
16. 30.12 (3) (a) 13. of the statutes is amended to read:
AB600,11,1812
30.12
(3) (a) 13. Place a seawall to replace an existing seawall for which a
13permit has been issued
or an exemption granted under this chapter
, or for which no
14permit was required at the time the seawall was built. The replacement may not
15exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed
16300 continuous feet in a Great Lakes water body.
In issuing the permit, the
17department may not impose conditions that prohibit the replacement of a seawall
18located in an area of special natural resource interest.
AB600,17
19Section
17. 30.12 (3) (c) of the statutes is amended to read:
AB600,12,420
30.12
(3) (c) The department may impose conditions on general permits issued
21under par. (a) 6. to govern the architectural features of boat shelters and the number
22of boat shelters that may be constructed adjacent to a parcel of land. The conditions
23may not govern the aesthetic features or color of boat shelters
or the distance at
24which a boat shelter may extend from the shore and may not be based on the degree
25to which adjacent land is developed. The conditions shall be designed to ensure the
1structural soundness and durability of boat shelters. A municipality may enact
2ordinances that are consistent with this paragraph and with any conditions imposed
3on general permits issued to regulate the architectural features of boat shelters that
4are under the jurisdiction of the municipality.
AB600,18
5Section
18. 30.12 (3m) (cr) of the statutes is created to read:
AB600,12,96
30.12
(3m) (cr) In determining whether to issue an individual permit to the
7owner of a proposed permanent boat shelter, the department may not deny the
8permit on the basis of the distance at which the shelter will extend from the shore
9or the degree to which adjacent land is developed.
AB600,19
10Section
19. 30.121 (1) of the statutes is amended to read:
AB600,12,1311
30.121
(1) Definition. In this section, the terms "maintain" and "repair"
12include replacing structural elements, including roofs, doors, walls, windows,
13beams, porches,
and floors
, and foundations.
AB600,20
14Section
20. 30.121 (3b) of the statutes is created to read:
AB600,12,2115
30.121
(3b) Expansion of historic boathouses. The riparian owner of any
16boathouse or fixed houseboat extending beyond the ordinary high-water mark of any
17navigable waterway may expand the boathouse without a permit under s. 30.12 if
18the boathouse is listed in the national register of historic places in Wisconsin or the
19state register of historic places, the boathouse is not expanded beyond its listed
20historical boundaries, and the expansion does not involve the placement of any new
21structure on the bed of a navigable water.
AB600,21
22Section
21. 30.121 (3c) of the statutes is amended to read:
AB600,13,223
30.121
(3c) Exception; certain boathouses. Subsection (3) does not apply to
24repairing or maintaining a boathouse if the boathouse was in existence on December
2516, 1979, and the repairing or maintaining does not affect the size
, or location
, or
1configuration of the boathouse and does not result in the boathouse being converted
2into living quarters.
AB600,22
3Section
22. 30.121 (3w) (c) of the statutes is renumbered 30.121 (3w) (c) (intro.)
4and amended to read:
AB600,13,65
30.121
(3w) (c) (intro.) The boathouse is
located within in any of the following
6locations:
AB600,13,8
71. Within a harbor that is being operated as a commercial enterprise
or is
8located on.
AB600,13,9
92. On a river that is a tributary of Lake Michigan or Lake Superior.
AB600,23
10Section
23. 30.121 (3w) (c) 3. of the statutes is created to read:
AB600,13,1211
30.121
(3w) (c) 3. On an outlying water and the work is limited to the
12expansion, repair, or maintenance of an existing boathouse.
AB600,24
13Section
24. 30.125 of the statutes is created to read:
AB600,13,14
1430.125 Shoreline maintenance in outlying waters. (1) In this section:
AB600,13,1515
(a) "Outlying waters" has the meaning given in s. 29.001 (63).
AB600,13,1716
(b) "Shoreline area" means the area that is located between the ordinary
17high-water mark and water's edge.
AB600,13,20
18(2) The permitting requirements under ss. 23.24 (3) and 30.12 and the contract
19and permitting requirements under s. 30.20 do not apply to any of the following
20maintenance activities conducted in a shoreline area of an outlying water:
AB600,13,2421
(a) The leveling of sand or the grooming of soil if the leveling or grooming will
22occur in an area of unconsolidated material predominately composed of sand, rock,
23and pebble that is authorized by the owner of the riparian land that abuts the
24shoreline area.
AB600,14,2
1(b) The removal of debris or the mowing of vegetation that is authorized by the
2owner of the riparian land that abuts the shoreline area.
AB600,25
3Section
25. 30.133 (1) of the statutes is amended to read:
AB600,14,134
30.133
(1) Beginning on April 9, 1994, and except as provided in s. 30.1335, no
5owner of riparian land that abuts a navigable water may grant by an easement or
6by a similar conveyance any riparian right in the land to another person, except for
7the right to cross the land in order to have access to the navigable water. This right
8to cross the land may not include the right to place any structure or material,
9including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable
10water.
This subsection does not prohibit an owner of riparian land that abuts a
11navigable water who owns a boat docking facility that is lawfully placed on that
12water from entering into an agreement with another owner of riparian land that
13abuts the same navigable water for the shared use of that boat docking facility.
AB600,26
14Section
26. 30.19 (1b) (a) of the statutes is amended to read:
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.