AB755-ASA1,3,2 22(2) Activities covered. Within the Wolf River and Fox River basin area or any
23area designated under sub. (1m), the department may issue a general permit under
24this section authorizing any activity that would require a permit or approval under
25this chapter if the department determines that it is appropriate to issue a general

1permit under sub. (6). The department may issue a general permit on its own
2initiative or based on an application submitted under sub. (3).
AB755-ASA1,3,7 3(3) Application for general permit. (a) Any local entity, as defined in s. 30.77
4(3) (dm), any group of 10 riparian owners who will be affected by the issuance of a
5general permit, or any contractor who is or has been involved in the construction of
6structures or along navigable waters may apply for a general permit under this
7section.
AB755-ASA1,3,128 (b) Upon the request of a prospective applicant specified in par. (a), and before
9an application is submitted, the department shall meet with the prospective
10applicant, and other interested persons as determined by the prospective applicant
11or the department, to make a preliminary analysis of the likelihood that the
12department will issue the general permit.
AB755-ASA1,3,1413 (c) An application for a general permit under this section shall include all of the
14following:
AB755-ASA1,3,1515 1. The name, legal address and telephone number of each applicant.
AB755-ASA1,3,1716 2. A U.S. geological survey map or similar map that has a scale of not less than
17one inch per 2,000 feet and that shows the proposed permit area.
AB755-ASA1,3,1918 3. A general legal description to quarter-quarter section of the proposed permit
19area.
AB755-ASA1,3,2320 4. A diagram to scale showing the activity proposed for the general permit with
21contours and cross-section profiles that show a representative example of existing
22conditions and a representative example of any alteration to navigable waters or the
23adjacent lands that may result from the activity.
AB755-ASA1,4,3
15. Topographic, bathymetric, soil or other maps, photographs or other data to
2demonstrate the characteristics of the proposed permit area if the maps,
3photographs or data are reasonably available.
AB755-ASA1,4,74 6. The names and addresses of at least 5 persons who own real property
5adjacent to the navigable waters located in the proposed permit area. If fewer than
65 persons own real property adjacent to such waters, the application shall include
7the names and addresses of all of these persons.
AB755-ASA1,4,108 (d) The department shall respond to the application in writing within 90
9business days after receiving the application. In its response the department shall
10do either of the following:
AB755-ASA1,4,1111 1. Deny the application and specify the reason for the denial.
AB755-ASA1,4,1312 2. Specify the department's plans for proceeding on the application. The plans
13shall include a timetable for the notice and hearing required under sub. (4).
AB755-ASA1,4,17 14(4) Environmental analysis; hearing; consultation. After receiving an
15application that the department does not deny under sub. (3) (d) 1. and before
16determining whether to issue the general permit, the department shall do all of the
17following:
AB755-ASA1,4,1818 (a) Conduct an environmental analysis.
AB755-ASA1,4,2019 (b) Provide for notice and a hearing on whether to issue the general permit if
20so required under sub. (5).
AB755-ASA1,4,2121 (c) Consult with any of the following as the department considers appropriate:
AB755-ASA1,4,2422 1. Any local entity, as defined in s. 30.77 (3) (dm), that has an interest in the
23quality or use of or that has jurisdiction over the navigable waters located in the
24proposed permit area.
AB755-ASA1,5,2
12. Any contractor who is or has been involved in the construction of structures
2or improvements in or along navigable waters located in the proposed permit area.
AB755-ASA1,5,43 3. Any riparian owners whose property rights may be affected by the issuance
4of the general permit.
AB755-ASA1,5,65 4. Any other interested party, as determined by the department or the
6applicant.
AB755-ASA1,5,13 7(5) Hearing requirements. If an activity for which an application for which a
8general permit has been submitted would be subject to the hearing and notice
9provisions under s. 30.02 (3) and (4) for the issuance of an individual permit, the
10department shall comply with those provisions. Notice and hearing shall be required
11on an application for a general permit under this section only if a notice and hearing
12are required under s. 30.02 (3) and (4) for the activity as part of an application for
13an individual permit under this chapter.
AB755-ASA1,5,19 14(6) Issuance of general permits. The department shall issue a general permit
15under this section if the department determines that the cumulative adverse
16environmental impact of the activity in the proposed permit area is insignificant and
17that the issuance of the general permit will not injure public rights or interest, cause
18environmental pollution, as defined in s. 299.01 (4), or result in material injury to the
19rights of any riparian owners.
AB755-ASA1,5,2220 (b) The standards for the activity contained in a general permit issued under
21this section shall supersede any conflicting standards required under this chapter
22for the activity.
AB755-ASA1,6,5 23(7) Activities under general permits. (a) At least 15 days before beginning
24the activity that is authorized by a general permit under this section the person who
25wishes to conduct the activity shall submit a notice to the department and shall pay

1the fee specified in s. 30.28 (2) (b) 2. The notice shall describe the activity, state the
2name of the person that will be conducting the activity and state the site where the
3activity will be conducted. The notice shall also contain a statement signed by the
4person conducting the activity that the person will act in conformance with the
5standards contained in the general permit.
AB755-ASA1,6,136 (b) Upon receipt of a notice that complies with par. (a), the department may
7inform the person that the activity may not be conducted under the general permit
8if conditions at the site where the activity would be conducted would cause adverse
9environmental impact, injure public rights and interests or cause environmental
10pollution, as defined in s. 229.01(4). The department shall respond to the person
11within 15 days after receiving the notice. Failure of the department to respond
12within 15 days shall constitute the department's approval of the activity under the
13general permit.
AB755-ASA1,6,1514 (c) A person conducting an activity that is authorized by a general permit under
15this section shall comply with any applicable local ordinances.
AB755-ASA1,6,20 16(8) Option to request individual permits. A person proposing an activity for
17which a general permit has been issued under this section may apply for an
18individual permit under this chapter in lieu of seeking authorization under the
19general permit. A person proposing an activity for which a general permit has not
20been issued under this section may apply for an individual permit under this chapter.
AB755-ASA1,6,25 21(9) Access to property. For inspection purposes, an employe or agent of the
22department shall have free access during reasonable hours to any site where an
23activity is proposed to be, is or has been authorized under a general permit issued
24under this section if the employe or agent shows to any person who is present at the
25site and who owns the site or is otherwise in control of the site either of the following:
AB755-ASA1,7,2
1(a) For an employe of the department, proper identification issued by the
2department.
AB755-ASA1,7,53 (b) For an agent who is not an employe of the department, written
4documentation that the agent is authorized by the department to have access for
5inspection purposes.
AB755-ASA1,7,8 6(10) Sunset. The department may not issue any further general permits under
7this section on or after the date on which 5 years have lapsed after the effective date
8of the first general permit issued under this section.
AB755-ASA1, s. 4 9Section 4. 30.28 (1) of the statutes is amended to read:
AB755-ASA1,7,1310 30.28 (1) Fees required. The department shall charge a permit or approval fee
11for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and
1230.21 to 30.27. The permit or approval fee shall accompany the permit application,
13notice
or request for approval.
AB755-ASA1, s. 5 14Section 5. 30.28 (2) (b) of the statutes is created to read:
AB755-ASA1,7,1615 30.28 (2) (b) 1. For an application for a general permit submitted under s.
1630.207 (3), the fee shall be $2,000.
AB755-ASA1,7,1717 2. For a notice submitted under s. 30.207 (7), the fee shall be $100.
AB755-ASA1, s. 6 18Section 6. 30.28 (2m) (a) of the statutes is amended to read:
AB755-ASA1,7,2319 30.28 (2m) (a) The department shall refund a permit or approval fee if the
20applicant requests a refund before the department determines that the application
21for the permit or approval is complete. The Except as provided in par. (am), the
22department may not refund a permit or approval fee after the department
23determines that the application is complete.
AB755-ASA1, s. 7 24Section 7. 30.28 (2m) (am) of the statutes is created to read:
AB755-ASA1,8,3
130.28 (2m) (am) The department shall refund 50% of the fee specified in sub.
2(2) (b) 1. if the department denies an application for a general permit under s. 30.207
3(3) (d) 1. or does not issue a general permit under s. 30.207 (6).
AB755-ASA1, s. 8 4Section 8. 30.28 (2m) (b) of the statutes is amended to read:
AB755-ASA1,8,85 30.28 (2m) (b) If the applicant applies for a permit or, requests an approval, or
6submits a notice under s. 30.207 (7)
after the project is begun or after it is completed,
7the department shall charge an amount equal to twice the amount of the fee that it
8would have charged under this section.
AB755-ASA1, s. 9 9Section 9. 30.28 (2m) (d) of the statutes is amended to read:
AB755-ASA1,8,1310 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub.
11(2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if
12the increase is necessary to meet the costs incurred by the department in acting on
13general permits or on notices submitted under s. 30.207
.
AB755-ASA1, s. 10 14Section 10. Nonstatutory provisions.
AB755-ASA1,8,2215 (1) Report. The department of natural resources shall submit a report on the
16issuance of general permits under section 30.207 of the statutes, as created in this
17act, to the appropriate standing committees of the legislature in the manner provided
18in section 13.172 (3) of the statutes. The department shall submit this report no
19earlier than the first day of the 3rd year beginning after the effective date of this
20subsection and no later than 60 days after the date on which the department may no
21longer issue general permits as provided in section 30.207 (10) of the statutes, as
22created in this act.
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