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:
SB55-ASA1-AA1,350,1615
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.
SB55-ASA1-AA1,350,1917
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.
SB55-ASA1-AA1,352,320
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).
SB55-ASA1-AA1,352,125
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).
SB55-ASA1-AA1,352,1914
30.13
(7) Application and promulgation of rules. Every rule promulgated by
15the department that relates to the regulation of piers under this section and that is
16in effect on the day before the effective date of this subsection .... [revisor inserts
17date], shall be void. The department shall promulgate rules regulating piers under
18this section that shall supersede the rules promulgated by the department under this
19section that were in effect on January 1, 2001.
SB55-ASA1-AA1,353,221
30.131
(3) Piers exempt from enforcement action. A pier that was in place
22on January 1, 2001, or that was seasonally placed in the same location in each of the
23years beginning with 1996 and ending with 2000, is exempt from any enforcement
24action by the department that requires the person who placed the pier or the owner
25of riparian land that abuts the pier to repair, renovate, modify, or remove the pier,
1unless the person who placed the pier or the riparian owner reconstructs or
2materially alters the pier after January 1, 2001.
SB55-ASA1-AA1,353,104
30.131
(4) Application and promulgation of rules. Every rule promulgated
5by the department that relates to the regulation of piers under this section and that
6is in effect on the day before the effective date of this subsection .... [revisor inserts
7date], shall be void. The department shall promulgate rules regulating piers under
8this section that shall supersede the rules promulgated by the department under this
9section that were in effect on the day before the effective date of this subsection ....
10[revisor inserts date].".
SB55-ASA1-AA1,353,1714
30.134
(2) Authorization. Members of the public may use any exposed shore
15area of a stream without the permission of the riparian
to engage in a water-related
16recreational activity only if it is necessary to exit the body of water to bypass an
17obstruction.
SB55-ASA1-AA1, s. 1255j
18Section 1255j. 30.134 (3) (a) (intro.) of the statutes is renumbered 30.134 (3)
19(a) and amended to read:
SB55-ASA1-AA1,353,2420
30.134
(3) (a) In
engaging in a water-related recreational activity in the using 21an exposed shore area of a stream, as authorized under sub. (2), a member of the
22public may not
do any of the following: enter the exposed shore area except from the
23water, from a point of public access on the stream, or with the permission of the
24riparian.
SB55-ASA1-AA1,354,1210
30.134
(5) Exceptions. (intro.) The right granted to the public
to engage in
11recreational activities on under this section to use an exposed shore area of a stream
12does not apply to any of the following:".
SB55-ASA1-AA1,355,7
130.265 Adopt a river program. The department shall establish an adopt a
2river program to encourage program volunteers to clean up a specified portion of a
3lake, river, wetland, or ravine. The department shall supply to the volunteers
4educational support and necessary supplies. The department shall keep records of
5information related to the program, including the pounds of rubbish collected, the
6number of volunteer hours provided, and descriptions of the debris found. The
7department shall publicly recognize volunteers who participate in the program.".
SB55-ASA1-AA1,355,16
1030.208 Lakeshore basin procedures. (1) The department shall submit each
11application for a permit that it receives under this chapter for a project or activity
12at a site located in Brown, Door, or Kewaunee county to the Lakeshore basin council
13for its recommendations regarding the issuance of the permit. The Lakeshore basin
14council shall submit its recommendations to the department. Subsections (2) to (8)
15only apply to permit applications and permits that are for projects or activities sites
16that are located in Brown, Door, or Kewaunee county.
SB55-ASA1-AA1,355,18
17(2) The department shall give the Lakeshore basin council notice of any
18hearing that is scheduled or ordered on the issuance of a permit.
SB55-ASA1-AA1,356,2
19(3) Any application for a permit for a pier or a dredging activity that is part of
20a noncommercial project shall be treated by the department as Type III action under
21ch. NR 150, Wis. Adm. Code, and the person applying for the permit is exempt from
22the requirement of preparing an environmental assessment under s. 1.11 unless the
23department provides written determination that an environmental assessment is
1required under ch. NR 150, Wis. Adm. Code. The determination shall state the
2specific reasons supporting the department's determination.
SB55-ASA1-AA1,356,8
3(4) Any person who submits a substantive written objection in response to a
4permit application shall pay the department a fee of $25 at the time the substantive
5written objection is submitted. The person shall also submit a supporting affidavit
6within 30 days after submitting the substantive written objection. The person who
7submits the substantive written objection shall have the burden at the hearing to
8prove that the department should not issue the permit.
SB55-ASA1-AA1,356,12
9(5) If a person objects to the issuance of a permit, the hearing examiner or court
10hearing the objection may order the objecting party to pay the costs, including
11reasonable attorney fees, incurred by the permit applicant if the examiner or court
12finds that the objection was frivolous, as described in s. 814.025 (3).
SB55-ASA1-AA1,356,18
13(6) The division of hearings and appeals shall randomly assign hearing
14examiners to conduct hearings regarding permit applications. If the department
15does not agree to schedule the hearing within 120 days after the department has
16denied a permit and the applicant has requested a hearing, the applicant may
17request that the division of hearings and appeals schedule the hearing at the earliest
18date available to the division.
SB55-ASA1-AA1,356,24
19(7) If a person other than the department seeks judicial review of any permit
20application hearing, venue shall be in the county where the plaintiff resides, the
21county where the property that is involved in the permit is located, or a county chosen
22by the plaintiff. If the department seeks judicial review of any permit application
23hearing, venue shall be in the county where the office is located that issued the
24original decision regarding the permit.
SB55-ASA1-AA1,357,5
1(8) The department may permit the use of alternate dispute resolution
2procedures to resolve a permit application dispute in place of a hearing. The
3department shall promulgate rules to establish requirements and procedures for the
4use of alternate dispute resolution procedures to resolve permit application
5disputes.".
SB55-ASA1-AA1,357,98
30.40
(3e) "Department" means the department of fish, wildlife, parks, and
9forestry.
SB55-ASA1-AA1,357,1211
30.40
(15m) "Secretary" means the secretary of fish, wildlife, parks, and
12forestry.
SB55-ASA1-AA1,357,1514
30.41
(1) There is created a Lower Wisconsin State Riverway consisting of land
15as designated by the
natural resources fish, wildlife, parks, and forestry board.".
SB55-ASA1-AA1,357,1918
30.50
(3m) "Department" means the department of fish, wildlife, parks, and
19forestry.".
SB55-ASA1-AA1,357,2322
30.50
(11g) "Secretary" means the secretary of fish, wildlife, parks, and
23forestry.".
SB55-ASA1-AA1,358,2
1"
Section 1283m. 30.52 (1m) (e) of the statutes, as affected by 2001 Wisconsin
2Act .... (this act), is amended to read:
SB55-ASA1-AA1,358,53
30.52
(1m) (e)
Receipt of fees. All fees remitted to or collected by the department
4under par. (ar) shall be credited to the appropriation account under s. 20.370
(9) (hu) 5(1) (hw).".
