167,11m
Section 11m. 30.12 (1k) (b) 2. of the statutes is amended to read:
30.12 (1k) (b) 2. The pier or wharf does not interfere interferes with the riparian rights of other riparian owners.
167,13
Section
13. 30.12 (1k) (c) of the statutes is repealed.
167,14
Section
14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:
167,15
Section
15. 30.12 (1k) (cm) 1. of the statutes is amended to read:
30.12 (1k) (cm) 1. A structure for which the department has issued a permit under this section on or before February 6, 2004, if the structure is in compliance with that permit.
167,16
Section
16. 30.12 (1k) (cm) 2. of the statutes is amended to read:
30.12 (1k) (cm) 2. A structure for which the department has issued a written authorization on or before February 6, 2004, if the structure is in compliance with that written authorization.
167,17
Section
17. 30.12 (1k) (d) of the statutes is repealed.
167,18
Section
18. 30.12 (1k) (e) 2. of the statutes is amended to read:
30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner registered the pier or wharf with the department under par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision.
167,19
Section
19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:
30.12 (3) (a) 6. (intro.) 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 issued for a permanent boat shelter that is constructed after May 3, 1988, if the any of the following apply:
a. 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.
b. There is a boathouse over navigable waters adjacent to the owner's property.
167,20
Section
20. 30.12 (3) (a) 6. c. of the statutes is created to read:
30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward end of the owner's pier or the waterward side of the owner's wharf.
167,21
Section
21. 30.12 (3) (a) 14. of the statutes is created to read:
30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is in, or that would directly affect, an area of special natural resource interest and that is adjacent to the owner's property if the pier or wharf does not interfere with the riparian rights of other riparian owners and it meets the requirements of sub. (1g) (f).
167,22
Section
22. 30.12 (3) (br) of the statutes is repealed.
167,23
Section
23. 30.12 (3) (d) of the statutes is created to read:
30.12 (3) (d) The department may impose conditions relating to the location, design, construction, and installation of a pier or wharf placed under the authority of a general permit issued under par. (a) 14., but may not prohibit a riparian owner from placing a pier or wharf that meets the requirement of the general permit.
167,24
Section
24. 30.12 (3m) (ar) of the statutes is repealed.
167,25
Section
25. 30.121 (1) of the statutes is created to read:
30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors.
167,26
Section
26. 30.121 (3) of the statutes is amended to read:
30.121 (3) Maintenance and repair. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and or maintain the boathouse or fixed houseboat if the cost of the repair or maintenance to repair or maintain the boathouse or fixed houseboat does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs repair or maintain the boathouse or the fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.
167,27
Section
27. 30.121 (3c) of the statutes is created to read:
30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size, location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.
167,28
Section
28. 30.121 (3g) of the statutes is amended to read:
30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of repairing or maintaining 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.
167,29
Section
29. 30.121 (3r) of the statutes is amended to read:
30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of repairing or reconstructing a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.
167,30
Section
30. 30.123 (6) (a) of the statutes is repealed.
167,31
Section
31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
167,32
Section
32. 30.123 (7) (b) of the statutes is repealed.
167,33
Section
33. 30.123 (7) (d) of the statutes is created to read:
30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
167,34
Section
34. 30.1235 of the statutes is repealed.
167,35
Section
35. 30.18 (4) (a) of the statutes is amended to read:
30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3). In addition to providing notice as required under s. 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
167,36
Section
36. 30.19 (1m) (f) of the statutes is created to read:
30.19 (1m) (f) Any land grading activity authorized under a stormwater discharge permit issued under s. 283.33.
167,37
Section
37. 30.19 (1m) (g) of the statutes is created to read:
30.19 (1m) (g) Any land grading activity authorized by a permit issued by a county under a shoreland zoning ordinance enacted under s. 59.692.
167,38
Section
38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
167,39
Section
39. 30.19 (3r) (b) of the statutes is repealed.
167,40
Section
40. 30.20 (1t) (b) of the statutes is repealed.
167,41
Section
41. 30.206 (1) (a) of the statutes is amended to read:
30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 (3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.
167,41m
Section 41m. 30.206 (1) (aj) of the statutes is created to read:
30.206 (1) (aj) Paragraph (ag) applies only to general permits issued under par. (a).
167,42
Section
42. 30.206 (1) (am) and (ar) of the statutes are created to read:
30.206 (1) (am) In addition to the general permits required under par. (a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter. In issuing general permits under this paragraph, the department shall establish requirements and conditions to ensure that the activities subject to the permit will cause only minimal adverse environmental impacts, will not materially interfere with navigation, and will not have an adverse impact on the riparian property rights of adjacent riparian owners.
(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.
167,43
Section
43. 30.206 (1) (b) of the statutes is created to read:
30.206 (1) (b) Except as provided in sub. (1r), a general permit issued under par. (a) or (am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit for a period of 5 years from the date of the department's determination or until the activity is completed, whichever occurs first, regardless of whether the general permit expired before the activity is completed. The department may renew or modify, or revoke a general permit issued under par. (a) or (am) or s. 30.2065 upon compliance with the requirements under subs. (2b) and (2m).
167,43m
Section 43m. 30.206 (1) (c) of the statutes is renumbered 30.206 (1) (ag).
167,44
Section
44. 30.206 (1g) of the statutes is repealed.
167,45
Section
45. 30.206 (1m) of the statutes is repealed.
167,46
Section
46. 30.206 (1r) of the statutes is created to read:
30.206 (1r) Transitions between permits. Any general permit issued under this section that is valid on the effective date of this subsection .... [LRB inserts date], shall remain valid until the date upon which a general permit issued under sub. (1) (a) or (am) that authorizes the same activity becomes effective.
167,47
Section
47. 30.206 (2b) of the statutes is created to read:
30.206 (2b) Public notice. (a) The department shall provide to interested members of the public notices of its intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Procedures for providing public notices shall include all of the following:
1. Publication of a class 1 notice under ch. 985.
2. Providing a copy of the notice to any person or group upon request of the person or group.
3. Publication of the notice through an electronic notification system established by the department.
4. Publication of the notice on the department's Internet Web site.
(am) For the purpose of determining the date on which public notice is provided under this subsection, the date on which the department first publishes the notice on its Internet Web site shall be considered the date of public notice.
(b) The department shall provide a period of not less than 30 days after the date of the public notice during which time interested persons may submit their written comments on the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. All written comments submitted during the period for comment shall be retained by the department and considered by the department in acting on the general permit.
(c) Every public notice issued by the department under par. (a) shall include a description of any activities to be authorized under the general permit.
167,48
Section
48. 30.206 (2m) of the statutes is created to read:
30.206 (2m) Public hearing. (a) 1. The department shall provide an opportunity for any interested state agency or federal agency or person or group of persons to request a public hearing with respect to the department's intention to issue, renew, modify, or revoke a general permit under sub. (1) (a) or (am) or s. 30.2065. Such request for a public hearing shall be filed with the department within 30 days after the provision of the public notice under sub. (2b) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted.
2. The department shall hold a public hearing upon a request under subd. 1. if the department determines that there is a significant public interest in holding such a hearing. Hearings held under this section are not contested cases under s. 227.01 (3).
(b) Public notice of any hearing held under this subsection shall be provided in accordance with the requirements under sub. (2b). The public notice shall include the time, date, and location of the hearing, a summary of the subject matter of the general permit, and information indicating where additional information about the general permit may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the general permit.
167,49
Section
49. 30.206 (3) (a) of the statutes is amended to read:
30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit under this section or s. 30.2065 shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.
167,50
Section
50. 30.206 (5) of the statutes is amended to read:
30.206 (5) Failure to follow procedural requirements. Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.
167,50m
Section 50m. 30.206 (5m) of the statutes is created to read:
30.206 (5m) Legislative review of general permits. (a) In this subsection:
1. "Appropriate senate committee" means the standing committee of the senate with jurisdiction over natural resources matters as determined by the presiding officer of the senate.
2. "Appropriate assembly committee" means the standing committee of the assembly with jurisdiction over natural resources matters as determined by the presiding officer of the assembly.
(b) If, by a majority vote of a quorum of the appropriate senate committee and the appropriate assembly committee, each of those committees suspends any general permit, the committees shall jointly publish a Class 1 notice under ch. 985 of the suspension in the official state newspaper and give any other notice that the committees consider appropriate.
(c) If the appropriate senate committee and the appropriate assembly committee suspend a general permit as provided in par. (b), each of the committees shall, within 30 days after the suspension, meet and take executive action regarding the introduction in the respective house of the legislature of a bill to support the suspension. The appropriate senate committee and the appropriate assembly committee shall each introduce a bill within 5 working days after taking executive action in favor of introduction of the respective bill unless the bill cannot be introduced during this time period under the rules of the respective house of the legislature. If a bill cannot be introduced during this time period, the bills shall be introduced on the first day on which the rules of the respective house of the legislature allow introduction.
(d) 1. If both of the bills introduced under par. (c) are adversely disposed of, or fail to be enacted in any other manner before the last day of the regular session of the legislature in which the bills are introduced, the general permit remains in effect and may not be suspended under this subsection again. If either bill is enacted, the general permit is permanently suspended and may not be issued again unless a subsequent law specifically authorizes issuance of the general permit.
2. If a person commences to conduct an activity under the authority of a general permit, and the general permit is subsequently suspended under this subsection, the person may continue to conduct the activity in the manner, and for the period, originally authorized under the general permit notwithstanding the suspension of the general permit.
