30.20(2)(b)
(b) The department may enter into a contract on behalf of the state for the removal and lease or sale of any mineral, ore, or other material from beneath the bed of a navigable water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain any conditions that the department determines are necessary for the protection of the public interest and the interest of the state. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the mineral, ore, or other material to be removed. Each contract entered into under this paragraph may not run for more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.
30.20(2)(bn)
(bn) For a removal that is not exempt under
sub. (1g) and that is not subject to a general permit under
sub. (1t), a person may apply to the department for an individual permit that is required under
sub. (1) (b) in order to remove material from the bed of any lake or stream not described under
sub. (1) (a).
30.20(2)(c)
(c) The department shall issue an individual permit pursuant to an application under
par. (bn) if the department finds that the issuance of the permit will be consistent with the public interest in the lake or stream.
30.20(2)(d)
(d) If an applicant for a permit under
par. (bn) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years. The department may allow one extension of a permit issued under this paragraph, upon application to the department. The extension shall be for the same period of time as the original permit.
30.20(2)(e)
(e) The notice and hearing provisions of
s. 30.208 (3) to
(5) apply to an application for a permit or contract under this subsection.
30.20 Annotation
Before proceeding to remove an obstruction under s. 88.90 (3), one must obtain a permit under s. 30.20. State v. Dwyer,
91 Wis. 2d 440,
283 N.W.2d 448 (Ct. App. 1979).
30.20 Annotation
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.201
30.201
Financial assurance for nonmetallic mining. 30.201(1)(1) If the department requires that financial assurance be provided as a condition for a permit under
s. 30.19,
30.195, or
30.20 or for a contract under
s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:
30.201(1)(f)
(f) Any other demonstration of financial responsibility.
30.201(2)
(2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.
30.201 History
History: 2003 a. 118.
30.202
30.202
Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers. 30.202(1)(1)
Memorandum of understanding. The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
30.202(2)
(2) Authorization for dredging and dredge spoil disposal. If the department enters into a memorandum of understanding with the U.S. corps of engineers under
sub. (1), the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under
sub. (4).
30.202(3)
(3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under
sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.601,
30.01 to
30.20,
30.21 to
30.99,
59.692 or
87.30 or
chs. 281 to
285 or
289 to
299 or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
30.202(4)
(4) Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under
s. 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
30.202 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
30.2022
30.2022
Activities of department of transportation. 30.2022(1g)(1g) In this section, “transportation activity" means an activity carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, or repair.
30.2022(1m)
(1m) Transportation activities affecting waters of the state, as defined in
s. 281.01 (18), are not subject to the prohibitions or permit or approval requirements specified under
s. 29.601,
30.11,
30.12,
30.123,
30.19,
30.195,
30.20,
59.692,
61.351,
61.353,
62.231,
62.233, or
87.30 or
chs. 281 to
285 or
289 to
299. However, at the earliest practical time prior to the commencement of these transportation activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state. This subsection does not apply beginning on the date on which the department of natural resources issues a general permit under
s. 283.33 (4m) (b) 1.
30.2022(1p)
(1p) Transportation activities affecting waters of the state, as defined in
s. 281.01 (18), are not subject to the prohibitions or permit or approval requirements specified under
s. 29.601,
30.11,
30.12,
30.123,
30.19,
30.195,
30.20,
59.692,
61.351,
61.353,
62.231,
62.233, or
87.30; or under
chs. 281 and
283, except
s. 283.33; or under
chs. 285 or
289 to
299. At the earliest practical time prior to the commencement of these transportation activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state. This subsection applies beginning on the date on which the department of natural resources issues a general permit under
s. 283.33 (4m) (b) 1.
30.2022(2)
(2) The exemptions under
sub. (1m) or
(1p) do not apply unless the transportation activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the transportation activity. If the transportation activity affects a wetland, as defined in
s. 23.32 (1), the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in
s. 281.36 (3r) (a) 1. to
3.
30.2022(3)
(3) If the department determines that there is reasonable cause to believe that a transportation activity being carried out under this section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this section, may proceed with enforcement actions as the secretary deems appropriate.
30.2022(4)
(4) The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of transportation activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the state.
30.2022(5)
(5) Except as may be required otherwise under
s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this section.
30.2022(6)
(6) This section does not apply to transportation activities in the Lower Wisconsin State Riverway, as defined in
s. 30.40 (15).
30.2022 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
30.2023
30.2023
Seawalls; Wolf River and Fox River basins. A riparian owner is exempt from the permit requirements under
s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in
s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:
30.2023(1)
(1) The structure is a vertical wall designed to prevent land from eroding into a navigable water.
30.2023(2)
(2) The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water.
30.2023(3)
(3) If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.
30.2023(4)
(4) The structure incorporates adequate bracing and anchors to ensure structural stability.
30.2023(5)
(5) A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.
30.2023(6)
(6) The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent the structure from failing.
30.2023(7)
(7) The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.
30.2023(8)
(8) The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft.
30.2023(9)
(9) The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:
30.2023(9)(a)
(a) The natural topography of the bank of the navigable water.
30.2023(9)(b)
(b) A point that is 4 feet above the ordinary high-water mark of the navigable water.
30.2023(9)(c)
(c) The minimum height required to prevent overtopping by wave action.
30.2023 History
History: 2003 a. 118 ss.
42,
43.
30.2025
30.2025
Lake Koshkonong comprehensive project. 30.2025(1)(1)
Definition. In this section, “district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.
30.2025(2)
(2) Authorization. The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes:
30.2025(2)(a)
(a) To improve navigation or to provide navigation aids.
30.2025(2)(b)
(b) To restore or protect wetland habitat or water quality.
30.2025(2)(c)
(c) To create, restore, or protect fish and wildlife habitat.
30.2025(2)(d)
(d) To enhance the natural aesthetic value or improve the recreational use of the lake.
30.2025(3)
(3) Location of structures and fill. Any structure or fill placed as part of the project authorized under
sub. (2) shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.
30.2025(4)(a)(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under
sub. (2), the district shall submit plans and specifications for the project to the department and obtain the department's approval for the project.
30.2025(4)(b)
(b) Before the department gives its approval for a project authorized under
sub. (2), the department shall do all of the following:
30.2025(4)(b)2.
2. Review the plans and specifications submitted to the department under
par. (a) and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.2025(4)(b)3.
3. Hold a public informational meeting to discuss the plans and specifications submitted under
par. (a).
30.2025(4)(b)4.
4. Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under
sub. (5).
30.2025(5)
(5) Requirements for structures and fill. A structure or fill placed as part of a project authorized under
sub. (2) shall meet all of the following requirements:
30.2025(5)(a)
(a) It may not materially affect the flood flow capacity of the Rock River.
30.2025(5)(c)
(c) It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project.
30.2025(5)(e)
(e) It may not be detrimental to the public interest.
30.2025(6)(a)(a) The district shall maintain the structures and the fill that are part of the project authorized under
sub. (2) to ensure that the structures and fill do not impair the safety of the public.
30.2025(6)(b)
(b) The district shall maintain the structures and the fill that are part of the project authorized under
sub. (2) so that the structures and fill remain in compliance with the requirements listed under
sub. (5).
30.2025(6)(c)
(c) If the department determines that any structure or any fill that is part of the project authorized under
sub. (2) does not comply with the requirements under
sub. (5), the department may require the district to modify the structure or fill to bring it into compliance or to remove the structure or fill.
30.2025(7)
(7) Use of structures or fill. Any structure or fill placed as part of the project authorized under
sub. (2) may be used only for any of the following:
30.2025(7)(a)
(a) As a site for the placement of navigation aids approved by the department.
30.2025(7)(b)
(b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.2025(8)(a)(a) The structures or fill that are part of the project authorized under
sub. (2) are owned by the district. Except as provided in
par. (b), the district may not transfer ownership of any structure or any fill that is part of the project authorized under
sub. (2).
30.2025(8)(b)
(b) The district may transfer ownership of any structure or fill that is part of the project authorized under
sub. (2) if all of the following apply:
30.2025(8)(b)1.
1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.
30.2025(8)(b)2.
2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.
30.2025(9)
(9) Access to property. An employee or agent of the department shall have free access during reasonable hours to the structures or fill that are part of the project authorized under
sub. (2) for the purpose of inspecting the structures or fill to ensure that the project is in compliance with the requirements of this section. If the department determines that any structure or any fill that is part of the project authorized under
sub. (2) does not comply with the requirements of this section, the department may require the owner of the structure or fill to modify the structure or fill to bring it into compliance or to remove the structure or fill.
