2003 Wisconsin Act 118

118,27 Section 27. 30.12 (3) (title) of the statutes is repealed and recreated to read:

30.12 (3) (title) General permits.

118,28 Section 28. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

118,29 Section 29. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

118,30 Section 30. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read:

30.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

118,31 Section 31. 30.12 (3) (a) 3. of the statutes is repealed.

118,32 Section 32. 30.12 (3) (a) 3c. of the statutes is created to read:

30.12 (3) (a) 3c. Place riprap in order to replace or repair existing riprap, other than riprap that is exempt under sub. (1g) (i) or (j).

118,33 Section 33. 30.12 (3) (a) 3g. of the statutes is created to read:

30.12 (3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 100 continuous feet in an inland lake of 300 acres or more.

118,34 Section 34. 30.12 (3) (a) 3r. of the statutes is created to read:

30.12 (3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 300 continuous feet in a Great Lakes water body.

118,35 Section 35. 30.12 (3) (a) 6. of the statutes is amended to read:

30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there is a boathouse over navigable waters adjacent to the owner's property.

118,36 Section 36. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and amended to read:

30.12 (1g) (g) Place an An intake structure and pipe that is placed on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.

118,37 Section 37. 30.12 (3) (a) 8. of the statutes is renumbered 30.12 (1g) (h) and amended to read:

30.12 (1g) (h) Drive a piling A piling that is driven into the bed of a navigable water adjacent to the owner's property for the purpose of deflecting ice, protecting an existing or proposed structure, or providing a pivot point for turning watercraft.

118,38 Section 38. 30.12 (3) (a) 13. of the statutes is created to read:

30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a permit has been issued under this chapter. The replacement may not exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed 300 continuous feet in a Great Lakes water body.

118,39 Section 39. 30.12 (3) (b) of the statutes is repealed.

118,40 Section 40. 30.12 (3) (bn) of the statutes is repealed.

118,41 Section 41. 30.12 (3) (br) of the statutes is created to read:

30.12 (3) (br) The department may promulgate rules that specify structures or deposits, in addition to those listed in par. (a), that may be authorized by statewide general permits.

118,42 Section 42. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.) and amended to read:

30.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection 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:

118,43 Section 43. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1) to (9).

118,44 Section 44. 30.12 (3) (c) of the statutes is amended to read:

30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of impose conditions on general permits issued under par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules conditions may not govern the aesthetic features or color of boat shelters. The standards conditions shall be designed to assure ensure the structural soundness and durability of a boat shelter boat shelters. A municipality may enact ordinances not inconsistent that are consistent with this section or with rules promulgated under this section regulating paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.

118,45 Section 45. 30.12 (3) (d) of the statutes is repealed.

118,46 Section 46. 30.12 (3m) of the statutes is created to read:

30.12 (3m) Individual permits. (a) For a structure or deposit that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian owner may apply to the department for the individual permit that is required under sub. (1) in order to place the structure for the owner's use or to deposit the material.

(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

(c) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply:

1. The structure or deposit will not materially obstruct navigation.

2. The structure or deposit will not be detrimental to the public interest.

3. The structure or deposit will not materially reduce the flood flow capacity of a stream.

118,47 Section 47. 30.12 (4) (title) of the statutes is repealed.

118,48 Section 48. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and amended to read:

30.2022 (1) Activities affecting waters of the state , as defined in s. 281.01 (18), that are 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, and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these 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.

118,49 Section 49. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and amended to read:

30.2022 (2) The exemption under par. (a) sub. (1) does not apply unless the 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 activity.

118,50 Section 50. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and amended to read:

30.2022 (3) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection 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 subsection section, may proceed with enforcement actions as the secretary deems appropriate.

118,51 Section 51. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).

118,52 Section 52. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and amended to read:

30.2022 (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 subsection section.

118,53 Section 53. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended to read:

30.2022 (6) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

118,54 Section 54. 30.12 (4m) (title) of the statutes is repealed.

118,55 Section 55. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended to read:

30.12 (1m) (c) (intro.) Subsection (1) does not apply to a A structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District is exempt from the permit requirements under this section if either of the following applies:

118,56 Section 56. 30.121 (3w) of the statutes is created to read:

30.121 (3w) Exception; commercial boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair, or maintain a boathouse if all of the following apply:

(a) The boathouse is used exclusively for commercial purposes.

(b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).

(c) The boathouse is located within a harbor that is being operated as a commercial enterprise or is located on a river that is a tributary of Lake Michigan or Lake Superior.

(d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.

118,57 Section 57. 30.123 (title) of the statutes is repealed and recreated to read:

30.123 (title) Bridges and culverts.

118,58 Section 58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to read:

30.1235 Municipal bridge construction. Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or s. 30.10 or s. 30.12 or 30.123 for such that construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

118,59 Section 59. 30.123 (2) of the statutes is amended to read:

30.123 (2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.

118,60 Section 60. 30.123 (3) of the statutes is repealed.

118,61 Section 61. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and amended to read:

30.123 (8) (c) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the issue an individual permit if the proposed pursuant to an application under par. (a) if the department finds that the bridge or culvert will not materially obstruct navigation, will not materially reduce the effective flood flow capacity of a stream or be, and will not be detrimental to the public interest.

118,62 Section 62. 30.123 (6) of the statutes is created to read:

30.123 (6) Exemptions. Subsection (2) does not apply to any of the following:

(a) The construction and maintenance of highway bridges to which s. 30.1235 applies.

(b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.

(d) The construction or placement and the maintenance of a culvert to replace a culvert that is authorized under a permit issued under s. 30.12 or 30.123, if the construction, placement, and maintenance will comply with the same conditions of the permit.

(e) The construction or placement and the maintenance of a culvert to replace a culvert that has an inside diameter that does not exceed 24 inches.

118,63 Section 63. 30.123 (6m) of the statutes is created to read:

30.123 (6m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (e) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

(a) Significant adverse impacts to the public rights and interests.

(b) Environmental pollution, as defined in s. 299.01 (4).

(c) Material injury to the riparian rights of any riparian owner.

118,64 Section 64. 30.123 (6r) of the statutes is created to read:

30.123 (6r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (6) (d) or (e). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

(b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):

1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.

2. Make a determination as to whether the activity is exempt.

3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.

(c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.

(d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.