Amendment ASA1-SB55

SB55-ASA1, s. 1247r Section 1247r. 30.12 (3) (bt) of the statutes is created to read:

SB55-ASA1,494,4 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:

SB55-ASA1,494,6 1. The structure is a vertical wall designed to prevent land from eroding into a navigable water.

SB55-ASA1,494,10 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.

SB55-ASA1,494,13 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.

SB55-ASA1,494,15 4. The structure incorporates adequate bracing and anchors to ensure structural stability.

SB55-ASA1,494,17 5. A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.

SB55-ASA1,494,20 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.

SB55-ASA1,494,22 7. The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.

SB55-ASA1,495,2 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.

SB55-ASA1,495,4 9. The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:

SB55-ASA1,495,5 a. The natural topography of the bank of the navigable water.

SB55-ASA1,495,7 b. A point that is 4 feet above the ordinary high-water mark of the navigable water.

SB55-ASA1,495,8 c. The minimum height required to prevent overtopping by wave action.

SB55-ASA1, s. 743 Section 743. 30.124 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,495,14 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:

SB55-ASA1, s. 744 Section 744. 30.124 (1) (a) of the statutes is amended to read:

SB55-ASA1,495,18 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.

SB55-ASA1, s. 745 Section 745. 30.125 of the statutes is repealed.

SB55-ASA1, s. 1261g Section 1261g. 30.2025 of the statutes is created to read:

SB55-ASA1,495,23 30.2025 Lake Koshkonong comprehensive project. (1) Definition. In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.

SB55-ASA1,496,3 (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:

SB55-ASA1,496,4 (a) To improve navigation or to provide navigation aids.

SB55-ASA1,496,5 (b) To restore or protect wetland habitat or water quality.

SB55-ASA1,496,6 (c) To create, restore, or protect fish and wildlife habitat.

SB55-ASA1,496,8 (d) To enhance the natural aesthetic value or improve the recreational use of the lake.

SB55-ASA1,496,11 (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.

SB55-ASA1,496,15 (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.

SB55-ASA1,496,17 (b) Before the department gives its approval for a project authorized under sub. (2), the department shall do all of the following:

SB55-ASA1,496,18 1. Comply with the requirements under s. 1.11.

SB55-ASA1,496,21 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.

SB55-ASA1,496,23 3. Hold a public informational meeting to discuss the plans and specifications submitted under par. (a).

SB55-ASA1,496,25 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).

SB55-ASA1,497,2 (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:

SB55-ASA1,497,3 (a) It may not materially affect the flood flow capacity of the Rock River.

SB55-ASA1,497,4 (b) It may not materially obstruct navigation.

SB55-ASA1,497,7 (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.

SB55-ASA1,497,8 (d) It may not cause environmental pollution, as defined in s. 299.01 (4).

SB55-ASA1,497,9 (e) It may not be detrimental to the public interest.

SB55-ASA1,497,10 (f) It must further a purpose specified in sub. (2).

SB55-ASA1,497,13 (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.

SB55-ASA1,497,16 (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).

SB55-ASA1,497,20 (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.

SB55-ASA1,497,22 (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:

SB55-ASA1,497,23 (a) As a site for the placement of navigation aids approved by the department.

SB55-ASA1,497,25 (b) Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.

SB55-ASA1,498,1 (c) Open space for recreational activities.

SB55-ASA1,498,5 (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).

SB55-ASA1,498,7 (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:

SB55-ASA1,498,9 1. The district transfers ownership of the structure or fill to a public entity, as defined by the department by rule.

SB55-ASA1,498,11 2. Before transferring ownership of the structure or fill, the district obtains written approval of the transfer from the department.

SB55-ASA1,498,19 (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.

SB55-ASA1,498,21 (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).

SB55-ASA1, s. 1261m Section 1261m. 30.207 (1) of the statutes is amended to read:

SB55-ASA1,499,6 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt), the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont,; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

SB55-ASA1, s. 746 Section 746. 30.35 (2a) (b) of the statutes is amended to read:

SB55-ASA1,499,9 30.35 (2a) (b) Exempt from the certificate of registration requirement under s. 30.51 (2) (c) 3.

SB55-ASA1, s. 747 Section 747. 30.38 (9) (b) of the statutes is amended to read:

SB55-ASA1,499,12 30.38 (9) (b) Exempt from the certificate of registration requirement under s. 30.51 (2) (c) 3.

SB55-ASA1, s. 1263h Section 1263h. 30.43 (4) of the statutes is created to read:

SB55-ASA1,499,17 30.43 (4) In conjunction with the Kickapoo reserve management board, prepare and submit the report required under s. 41.41 (13) after consulting with the department and any tribal government with whom either board has entered into a memorandum of understanding.

SB55-ASA1, s. 748 Section 748. 30.50 (3) of the statutes is amended to read:

SB55-ASA1,499,22 30.50 (3) "Certificate of number" means the certificate of number certificate, certificate of number card, certification sticker or decal, and identification number issued by the department under the federally approved numbering system unless the context clearly indicates otherwise.

SB55-ASA1, s. 749 Section 749. 30.50 (3b) of the statutes is created to read:

SB55-ASA1,500,3 30.50 (3b) "Certification or registration documentation" means a certificate of number certificate, certificate of number card, certification decal, registration certificate, registration card, self-validated receipt, or registration decal.

SB55-ASA1, s. 750 Section 750. 30.50 (4a) of the statutes is repealed.

SB55-ASA1, s. 751 Section 751. 30.50 (10) of the statutes is amended to read:

SB55-ASA1,500,7 30.50 (10) "Registration" means the registration certificate, registration card, and registration sticker or decal issued by the department.

SB55-ASA1, s. 752 Section 752. 30.50 (11m) of the statutes is created to read:

SB55-ASA1,500,12 30.50 (11m) "Self-validated receipt" means a portion of an application form that is retained by the applicant upon submittal of an application for a certificate of of number or registration and that shows that an application and the required fee for a certificate of number or registration has been submitted to the department.

SB55-ASA1, s. 753 Section 753. 30.51 (1) (a) of the statutes is amended to read:

SB55-ASA1,500,20 30.51 (1) (a) Certificate of number. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a certificate of number issued under this chapter or is exempt from the certificate of number requirements of this chapter. A boat is not covered by a certificate of number unless the owner is issued a valid certificate of number card, the certificate sticker or decal is properly attached to and displayed on the boat and the identification number is properly displayed on the boat.

SB55-ASA1, s. 754 Section 754. 30.51 (1) (b) of the statutes is amended to read:

SB55-ASA1,501,2 30.51 (1) (b) Registration. No person may operate, and no owner may give permission for the operation of, any boat on the waters of this state unless the boat is covered by a registration issued under this chapter or is exempt from the registration requirements of this chapter. A boat is not covered by a registration unless the owner is issued a valid registration card and the registration sticker or decal is properly displayed on the boat.

SB55-ASA1, s. 755 Section 755. 30.52 (1) (title) of the statutes is repealed and recreated to read:

SB55-ASA1,501,4 30.52 (1) (title) Issuance of certificates and registrations.

SB55-ASA1, s. 756 Section 756. 30.52 (1) (c) of the statutes is amended to read:

SB55-ASA1,501,11 30.52 (1) (c) Application for duplicate. If a certificate of number card, a registration card, a certification sticker or decal or a registration sticker or decal is lost or destroyed the owner of a boat may apply for a duplicate. The owner shall submit an application which shall be accompanied by the required fee for each duplicate certificate of number card, registration card, certification sticker or decal or registration sticker or decal applied for.

SB55-ASA1, s. 757 Section 757. 30.52 (1m) (title) of the statutes is repealed and recreated to read:

SB55-ASA1,501,13 30.52 (1m) (title) Procedures.

SB55-ASA1, s. 758 Section 758. 30.52 (1m) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,501,18 30.52 (1m) (a) Agents Issuers. (intro.) For the issuance of original or duplicate certification or registration documentation and for the transfer or renewal of certificates of number or certificates of registration certification or registration documentation, the department may do any of the following:

SB55-ASA1, s. 759 Section 759. 30.52 (1m) (a) 1. of the statutes is amended to read:

SB55-ASA1,501,22 30.52 (1m) (a) 1. Directly issue, transfer, or renew the certificates certification or registration documentation with or without using the expedited service under par. (ag) 1.

SB55-ASA1, s. 760 Section 760. 30.52 (1m) (a) 2. of the statutes is repealed.

SB55-ASA1, s. 761 Section 761. 30.52 (1m) (a) 3. of the statutes is amended to read:

SB55-ASA1,502,4 30.52 (1m) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the certificates as agents of the department certification or registration documentation using either or both of the expedited services under par. (ag) 1.

SB55-ASA1, s. 762 Section 762. 30.52 (1m) (ag) of the statutes is created to read:

SB55-ASA1,502,10 30.52 (1m) (ag) Methods of issuance. 1. For the issuance of original or duplicate certification or registration documentation and for the transfer or renewal of certification or registration documentation, the department may implement either or both of the following expedited procedures to be provided by the department and any agents appointed under par. (a) 3.: