SB55-ASA1-AA1,342,9
930.015 Definitions for subchapters I to III. (1) In subchs. I to III:
SB55-ASA1-AA1,342,1010
(a) "Department" means the department of environmental management.
SB55-ASA1-AA1,342,1111
(b) "Secretary" means the secretary of environmental management.
SB55-ASA1-AA1,342,1513
30.02
(1) In any proceeding under
this chapter where subchs. I to III in which 14public notice is required, the department shall follow the procedures in subs. (3) and
15(4).
SB55-ASA1-AA1,342,2017
30.02
(2) In any proceeding under
this chapter where subchs. I to III in which 18public notice is not required, the department shall follow the procedures in subs. (3)
19and (4) if it determines that substantial interests of any party may be adversely
20affected by the proceeding.
SB55-ASA1-AA1,343,322
30.03
(2) The district attorney of the appropriate county or, at the request of
23the department
of environmental management, the attorney general shall institute
24proceedings to recover any forfeiture imposed or to abate any nuisance committed
25under
this chapter subchs. I to III or ch. 31.
The district attorney or, at the request
1of the department of fish, wildlife, parks, and forestry, the attorney general shall
2institute proceedings to recover any forfeiture imposed or to abate any nuisance
3committed under subchs. IV or V.".
SB55-ASA1-AA1,343,20
630.015 Time limits for issuing permit determinations. In issuing permits
7under this chapter, the department shall initially determine whether a complete
8application for the permit has been submitted and, no later than 30 days after the
9application is submitted, notify the applicant in writing about the initial
10determination of completeness. If the department determines that the application
11is incomplete, the notice shall state the reason for the determination and the specific
12items of information necessary to make the application complete. An applicant may
13supplement and resubmit an application that the department has determined to be
14incomplete. There is no limit on the number of times that an applicant may resubmit
15an application that the department has determined to be incomplete under this
16section. The department may not demand items of information that are not specified
17in the notice as a condition for determining whether the application is complete
18unless both the department and the applicant agree or unless the applicant makes
19material additions or alterations to the project for which the application has been
20submitted.
SB55-ASA1-AA1,344,1022
30.02
(3) Upon receipt of a complete permit application or a request for a
23determination under s. 236.16 (3) (d), the department shall either schedule a
public 24hearing
to be held within 30 days after receipt of the application or request or provide
1notice stating that it will proceed on the application or request without a
public 2hearing if, within 30 days after the publication of the notice, no substantive written
3objection to issuance of the permit is received or no request for a hearing concerning
4the determination under s. 236.16 (3) (d) is received. The notice shall be provided
5to the clerk of each municipality in which the project is located and to any other
6person required by law to receive notice. The department may provide notice to other
7persons as it deems appropriate. The department shall provide a copy of the notice
8to the applicant, who shall publish it as a class 1 notice under ch. 985 in a newspaper
9designated by the department that is likely to give notice in the area affected. The
10applicant shall file proof of publication with the department.
SB55-ASA1-AA1,344,1612
30.02
(4) (a) If a public hearing is ordered, the division of hearings and appeals
13shall mail a written notice at least 10 days before the hearing to each person given
14notice under sub. (3) and in the case of an application for a permit, to any person who
15submitted a substantive written objection to issuance of the permit.
The public
16hearing shall be conducted within 30 days after the hearing is ordered.
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30.02
(4) (b) The applicant shall publish a class 1 notice under ch. 985 of the
19public hearing in a newspaper designated by the department that is likely to give
20notice in the area affected. The applicant shall file proof of publication under this
21paragraph with the hearing examiner at or prior to the hearing.".
SB55-ASA1-AA1,345,4
130.025
(4) The permit may be issued upon stated conditions deemed necessary
2to assure compliance with the criteria designated under sub. (3).
The For a large
3electric generating facility, as defined in s. 196.491 (1) (g), the department shall grant
4or deny the application within the time limit applicable under s. 196.491 (3) (a) 3. b.".
SB55-ASA1-AA1,345,137
30.12
(2m) Piers and boat shelters exempt from enforcement action. A pier
8or boat shelter that was in place on January 1, 2001, or that was seasonally placed
9in the same location in each of the years beginning with 1996 and ending with 2000,
10is exempt from any enforcement action by the department under this section that
11requires a riparian owner to repair, renovate, modify, or remove the pier or boat
12shelter, unless the riparian owner reconstructs or materially alters the pier or boat
13shelter after January 1, 2001.".
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30.01
(6c) "Supporting affidavit" means a sworn affidavit that specifies the
17underlying arguments in support of a substantive written objection and that attests
18that the person making the substantive written objection will appear, present
19testimony, and produce any relevant witnesses in support of the substantive written
20objection in a contested case hearing.
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30.02
(5) If the department schedules or orders a hearing under this section
23on this issuance of a permit, the applicant for the permit may bring an action in
1circuit court, in lieu of the hearing, asking that the court order the department to
2issue the permit.".
SB55-ASA1-AA1,346,65
30.12
(4m) (title)
Duck Creek Drainage District Certain drainage district
6structures and deposits.
SB55-ASA1-AA1, s. 1248g
7Section 1248g. 30.12 (4m) (intro.) of the statutes is renumbered 30.12 (4m)
8(a) (intro.) and amended to read:
SB55-ASA1-AA1,346,129
30.12
(4m) (a) (intro.) Subsection (1) does not apply to a
qualifying structure
10or deposit
that the drainage board for the Duck Creek Drainage District places in a
11drain that the board operates in the Duck Creek Drainage District if either of the
12following applies:
SB55-ASA1-AA1, s. 1248n
13Section 1248n. 30.12 (4m) (a) of the statutes is renumbered 30.12 (4m) (a) 1.
14and amended to read:
SB55-ASA1-AA1,346,1715
30.12
(4m) (a) 1. The department of agriculture, trade and consumer
16protection, after consulting with the department of natural resources, specifically
17approves the
qualifying structure or deposit.
SB55-ASA1-AA1, s. 1248r
18Section 1248r. 30.12 (4m) (b) of the statutes is renumbered 30.12 (4m) (a) 2.
19and amended to read:
SB55-ASA1-AA1,346,2420
30.12
(4m) (a) 2. The
qualifying structure or deposit is required, under rules
21promulgated by the department of agriculture, trade and consumer protection, in
22order to conform the drain to specifications approved by the department of
23agriculture, trade and consumer protection after consulting with the department of
24natural resources.
SB55-ASA1-AA1,347,32
30.12
(4m) (c) For purposes of this subsection, a "qualifying structure or
3deposit" is either of the following:
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1. Any structure or deposit that is placed in a drain that is operated in the Duck
5Creek Drainage District by the board for the Duck Creek Drainage District.
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2. Any structure or deposit that is placed in a drain that is not described in subd.
71. if the structure or deposit is used primarily for agricultural purposes, as defined
8in s. 29.181 (1b) (a).".
SB55-ASA1-AA1,347,11
10"
Section 1251b. 30.12 (4m) (a) 1. and 2. of the statutes, as affected by 2001
11Wisconsin Act .... (this act), are amended to read:
SB55-ASA1-AA1,347,1412
30.12
(4m) (a) 1. The department of agriculture, trade and consumer
13protection, after consulting with the department of
natural resources environmental
14management, specifically approves the qualifying structure or deposit.
SB55-ASA1-AA1,347,1915
2. The qualifying structure or deposit is required, under rules promulgated by
16the department of agriculture, trade and consumer protection, in order to conform
17the drain to specifications approved by the department of agriculture, trade and
18consumer protection after consulting with the department of
natural resources 19environmental management.
SB55-ASA1-AA1,348,323
30.121
(3g) Exception; historical or cultural value. Subsection (3) does not
24apply to the repair or maintenance of a boathouse or a fixed houseboat if the
1boathouse or fixed houseboat has a historic or cultural value, as determined by the
2state historical society or a local or county historical society established under s.
344.03.".
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30.12
(3m) Application and promulgation of rules. Every rule promulgated
7by the department under this section that relates to the regulation of piers or boat
8shelters under sub. (2) and that is in effect on the day before the effective date of this
9subsection .... [revisor inserts date], shall be void. The department shall promulgate
10rules regulating piers and boat shelters under sub. (2) that shall supersede the rules
11promulgated by the department under sub. (2) that were in effect on the day before
12the effective date of this subsection .... [revisor inserts date].
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30.121
(6m) Application and promulgation of rules. Notwithstanding sub.
15(6), every rule promulgated by the department under this section that relates to the
16regulation of boathouses under this section and that is in effect on the day before the
17effective date of this subsection .... [revisor inserts date], shall be void. The
18department shall promulgate rules regulating boathouses under this section that
19shall supersede the rules promulgated by the department under this section that
20were in effect on the day before the effective date of this subsection .... [revisor inserts
21date].".
SB55-ASA1-AA1,348,24
23"
Section 1253b. 30.124 (1) (intro) of the statutes, as affected by 2001
24Wisconsin Act .... (this act), is renumbered 23.244 (1) (intro.) and amended to read:
SB55-ASA1-AA1,349,6
123.244
(1) (intro.) Notwithstanding ss.
23.245, 30.12, 30.20, 30.44 and 30.45
2and if the department finds
, after consulting with the department of environmental
3management, that the activity will not adversely affect public or private rights or
4interests in fish and wildlife populations, navigation or waterway flood flow capacity
5and will not result in environmental pollution, as defined in s. 299.01 (4), the
6department may do all of the following on public lands or waters:".
SB55-ASA1-AA1,349,9
8"
Section 1254b. 30.124 (1) (a) of the statutes, as affected by 2001 Wisconsin
9Act .... (this act), is renumbered 23.244 (1) (a).
SB55-ASA1-AA1,349,1815
30.195
(2) Applications. Applications for permits required by this section shall
16be made to the department
of natural resources upon forms prescribed by it.
17Applications shall contain such information as the department reasonably requires
18to enable it to act on the application.
SB55-ASA1-AA1,350,220
30.20
(1) (d) The drainage board for the Duck Creek Drainage District may,
21without a permit under sub. (2) (c), remove material from a drain that the board
22operates in the Duck Creek Drainage District if the removal is required, under rules
23promulgated by the department of agriculture, trade and consumer protection, in
24order to conform the drain to specifications imposed by the department of
1agriculture, trade and consumer protection after consulting with the department of
2natural resources environmental management.".
SB55-ASA1-AA1,350,115
30.20
(1) (d)
The A drainage board
for the Duck Creek Drainage District may,
6without a permit under sub. (2) (c), remove
qualifying material from a drain
that the
7board operates in the Duck Creek Drainage District if the removal is required, under
8rules promulgated by the department of agriculture, trade and consumer protection,
9in order to conform the drain to specifications imposed by the department of
10agriculture, trade and consumer protection after consulting with the department of
11natural resources.
SB55-ASA1-AA1,350,1413
30.20
(1) (dm) For purposes of this paragraph, "qualifying material" is either
14of the following:
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1. Any material that is removed from a drain that is operated in the Duck Creek
16Drainage District by the board for the Duck Creek Drainage District.
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2. Any material that is removed from a drain that is not described in subd. 1.
18if the removal is necessary primarily for agricultural purposes, as defined in s. 29.181
19(1b) (a).".
SB55-ASA1-AA1,350,2422
30.19
(1) (c) To grade or otherwise remove top soil from the bank of any
23navigable stream, lake or other body of navigable water where the area exposed by
24such grading or removal will exceed
10,000 20,000 square feet.
SB55-ASA1-AA1,351,92
30.19
(3) (a) Section 30.02 (3) and (4) applies to permit applications under sub.
3(1) (b)
and (c). Notice shall be provided to the clerks of the county and municipality
4in which the project or affected body of water is located and to the persons under sub.
5(2) (e). For any permit application which affects the Milwaukee River, the
6Menomonee River, the Kinnickinnic River, the Root River or any tributary of those
7rivers, special notice shall be given to the Milwaukee metropolitan sewerage district.
8The metropolitan sewerage district shall have 30 days to respond to the special
9notice.".
SB55-ASA1-AA1,351,1812
30.13
(1p) Piers exempt from enforcement action. A pier that was in place
13on January 1, 2001, or that was seasonally placed in the same location in each of the
14years beginning with 1996 and ending with 2000, is exempt from any enforcement
15action under this section by the department, or by the governing body of a city,
16village, or town, or a designated officer, that requires a riparian proprietor to repair,
17renovate, modify, or remove the pier, unless the riparian proprietor reconstructs or
18materially alters the pier after January 1, 2001.
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30.13
(4) (a)
Interferes with public rights. A wharf
or pier which that interferes
21with public rights in navigable waters constitutes an unlawful obstruction of
22navigable waters unless a permit is issued for the wharf
or pier under s. 30.12 or
23unless authorization for the wharf
or pier is expressly provided.
A pier that
24interferes with public rights in navigable waters constitutes an unlawful obstruction
1of navigable waters unless a permit is issued for the pier under s. 30.12,
2authorization for the pier is expressly provided, or the pier is exempt from any
3enforcement action under sub. (1p), s. 30.12 (2m), or s. 30.131 (4).
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30.13
(4) (b)
Interferes with riparian rights. A wharf
or pier which that 6interferes with rights of other riparian proprietors constitutes an unlawful
7obstruction of navigable waters unless a permit is issued for the wharf
or pier under
8s. 30.12 or unless authorization for the wharf or pier is expressly provided.
A pier
9that interferes with the rights of other riparian proprietors constitutes an unlawful
10obstruction of navigable waters unless a permit is issued for the pier under s. 30.12,
11authorization for the pier is expressly provided, or the pier is exempt from any
12enforcement action under sub. (1p), s. 30.12 (2m), s. 30.131 (4).
