2001 Wisconsin Act 16

2. c. Moneys are available under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance, and wildlife damage claim payments under s. 29.889.

16,1232e Section 1232e. 29.89 (5) (b) 2. (intro.) and a. of the statutes are created to read:

29.89 (5) (b) 2. (intro.) The department shall reimburse counties under this section from the appropriation under s. 20.370 (5) (fq) if all of the following apply:

a. The total amount of reimbursable costs exceeds the amount available under s. 20.370 (5) (ft).

16,1232f Section 1232f. 29.89 (5) (b) 2. b. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,1234 Section 1234. 29.89 (5) (c) of the statutes is amended to read:

29.89 (5) (c) If the total amount of reimbursable costs under par. (a) exceeds the amount available after making the deductions under par. (b), the department shall establish a system to prorate the reimbursement payments among the eligible counties.

16,1245g Section 1245g. 30.015 of the statutes is created to read:

30.015 Time limits for issuing permit determinations. In issuing permits under this chapter, the department shall initially determine whether a complete application for the permit has been submitted and, no later than 60 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the application has been submitted.

16,1245p Section 1245p. 30.02 (3) of the statutes is amended to read:

30.02 (3) Upon receipt of a complete permit application or a request for a determination under s. 236.16 (3) (d), the department shall either schedule a public hearing to be held within 60 days after receipt of the application or request or provide notice stating that it will proceed on the application or request without a public hearing if, within 30 days after the publication of the notice, no substantive written objection to issuance of the permit is received or no request for a hearing concerning the determination under s. 236.16 (3) (d) is received. The notice shall be provided to the clerk of each municipality in which the project is located and to any other person required by law to receive notice. The department may provide notice to other persons as it deems appropriate. The department shall provide a copy of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication with the department.

16,1245r Section 1245r. 30.02 (4) (a) of the statutes is amended to read:

30.02 (4) (a) If a public hearing is ordered, the division of hearings and appeals shall mail a written notice at least 10 days before the hearing to each person given notice under sub. (3) and in the case of an application for a permit, to any person who submitted a substantive written objection to issuance of the permit. The public hearing shall be conducted within 60 days after the hearing is ordered.

16,1245s Section 1245s. 30.02 (4) (b) of the statutes is amended to read:

30.02 (4) (b) The applicant shall publish a class 1 notice under ch. 985 of the public hearing in a newspaper designated by the department that is likely to give notice in the area affected. The applicant shall file proof of publication under this paragraph with the hearing examiner at or prior to the hearing.

16,1247r Section 1247r. 30.12 (3) (bt) of the statutes is created to read:

30.12 (3) (bt) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection 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:

1. The structure is a vertical wall designed to prevent land from eroding into a navigable water.

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.

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.

4. The structure incorporates adequate bracing and anchors to ensure structural stability.

5. A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.

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.

7. The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.

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.

9. The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:

a. The natural topography of the bank of the navigable water.

b. A point that is 4 feet above the ordinary high-water mark of the navigable water.

c. The minimum height required to prevent overtopping by wave action.

16,1252m Section 1252m. 30.121 (3g) of the statutes is created to read:

30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

16,1253 Section 1253. 30.124 (1) (intro.) of the statutes is amended to read:

30.124 (1) (intro.) Notwithstanding ss. 30.12, 30.125, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

16,1254 Section 1254. 30.124 (1) (a) of the statutes is amended to read:

30.124 (1) (a) Cut aquatic vegetation plants, as defined in s. 30.715 (1) (a), without removing the vegetation them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.

16,1255 Section 1255. 30.125 of the statutes is repealed.

16,1255d Section 1255d. 30.134 (1) (e) of the statutes is repealed.

16,1255h Section 1255h. 30.134 (2) of the statutes is amended to read:

30.134 (2) Authorization. Members of the public may use any exposed shore area of a stream without the permission of the riparian to engage in a water-related recreational activity only if it is necessary to exit the body of water to bypass an obstruction.

16,1255j Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3) (a) and amended to read:

30.134 (3) (a) In engaging in a water-related recreational activity in the using an exposed shore area of a stream, as authorized under sub. (2), a member of the public may not do any of the following: enter the exposed shore area except from the water, from a point of public access on the stream, or with the permission of the riparian.

16,1255k Section 1255k. 30.134 (3) (a) 1. of the statutes is repealed.

16,1255n Section 1255n. 30.134 (3) (a) 2. of the statutes is repealed.

16,1255p Section 1255p. 30.134 (3) (a) 3. of the statutes is repealed.

16,1255q Section 1255q. 30.134 (3) (a) 4. of the statutes is repealed.

16,1255r Section 1255r. 30.134 (3) (a) 5. of the statutes is repealed.

16,1255s Section 1255s. 30.134 (3) (a) 6. of the statutes is repealed.

16,1255t Section 1255t. 30.134 (3) (a) 7. of the statutes is repealed.

16,1255u Section 1255u. 30.134 (3) (b) of the statutes is repealed.

16,1255v Section 1255v. 30.134 (5) (intro.) of the statutes is amended to read:

30.134 (5) Exceptions. (intro.) The right granted to the public to engage in recreational activities on under this section to use an exposed shore area of a stream does not apply to any of the following:

16,1261g Section 1261g. 30.2025 of the statutes is created to read:

30.2025 Lake Koshkonong comprehensive project. (1) Definition. In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.

(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:

(a) To improve navigation or to provide navigation aids.

(b) To restore or protect wetland habitat or water quality.

(c) To create, restore, or protect fish and wildlife habitat.

(d) To enhance the natural aesthetic value or improve the recreational use of the lake.

(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.

(4) Preliminary requirements. (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.

(b) Before the department gives its approval for a project authorized under sub. (2), the department shall do all of the following:

1. Comply with the requirements under s. 1.11.

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.

3. Hold a public informational meeting to discuss the plans and specifications submitted under par. (a).

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).

(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:

(a) It may not materially affect the flood flow capacity of the Rock River.

(b) It may not materially obstruct navigation.

(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.

(d) It may not cause environmental pollution, as defined in s. 299.01 (4).

(e) It may not be detrimental to the public interest.

(f) It must further a purpose specified in sub. (2).

(6) Maintenance by the district. (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.

(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).

(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.

(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:

(a) As a site for the placement of navigation aids approved by the department.

(b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.

(c) Open space for recreational activities.

(8) Ownership. (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).

(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:

1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.

2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.

(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.

(10) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under sub. (2).

16,1261k Section 1261k. 30.2026 of the statutes is created to read:

30.2026 Lake Belle View and Sugar River project. (1) Authorization. (a) Subject to the restrictions under sub. (2), the village of Belleville may place fill on all or part of the portion of the bed of Lake Belle View located in Dane County for any of the following purposes:

1. Improving fish and wildlife habitat.

2. Creating and enhancing wetlands.