SB55-ASA1-AA1,357,17 17" Section 1265m. 30.50 (3m) of the statutes is created to read:
SB55-ASA1-AA1,357,1918 30.50 (3m) "Department" means the department of fish, wildlife, parks, and
19forestry.".
SB55-ASA1-AA1,357,20 20674. Page 499, line 7: after that line insert:
SB55-ASA1-AA1,357,21 21" Section 1267m. 30.50 (11g) of the statutes is created to read:
SB55-ASA1-AA1,357,2322 30.50 (11g) "Secretary" means the secretary of fish, wildlife, parks, and
23forestry.".
SB55-ASA1-AA1,357,24 24675. Page 502, line 17: after that line insert:
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).".
SB55-ASA1-AA1,358,6 6676. Page 503, line 7: after that line insert:
SB55-ASA1-AA1,358,7 7" Section 1286m. 30.52 (3m) (b) of the statutes is amended to read:
SB55-ASA1-AA1,358,98 30.52 (3m) (b) All moneys collected under par. (a) shall be deposited into the
9account under s. 20.370 (3) (1) (is).".
SB55-ASA1-AA1,358,10 10677. Page 507, line 23: after that line insert:
SB55-ASA1-AA1,358,11 11" Section 1306m. 30.71 (4) of the statutes is amended to read:
SB55-ASA1-AA1,358,1412 30.71 (4) Any rules necessary to carry out the purposes of this section shall be
13promulgated jointly by the department of commerce and the department of natural
14resources
fish, wildlife, parks, and forestry.".
SB55-ASA1-AA1,358,15 15678. Page 509, line 25: after that line insert:
SB55-ASA1-AA1,358,16 16" Section 1319m. 30.773 (2) of the statutes is amended to read:
SB55-ASA1-AA1,358,2317 30.773 (2) Procedures. A municipality authorized to establish a bulkhead line
18under s. 30.11 may establish a designated mooring area in the same manner as it is
19authorized to establish the bulkhead line except that the municipality is required to
20obtain the approval of the department of fish, wildlife, parks, and forestry, rather
21than the department of environmental management, and
if the municipality created
22a board of harbor commissioners, the municipality is also required to obtain the
23approval of that board in addition to the approval of the department.".
SB55-ASA1-AA1,358,24 24679. Page 511, line 2: after that line insert:
SB55-ASA1-AA1,359,1
1" Section 1331m. 30.92 (6) (b) of the statutes is amended to read:
SB55-ASA1-AA1,359,62 30.92 (6) (b) The department shall assign staff to the commission for
3management of the program under this section. All staff activities, including but not
4limited to budgeting, program coordination and related administrative management
5functions, shall be consistent with the policies of the department and the natural
6resources
fish, wildlife, parks, and forestry board.".
SB55-ASA1-AA1,359,7 7680. Page 511, line 25: after that line insert:
SB55-ASA1-AA1,359,8 8" Section 1339m. 31.01 (2m) of the statutes is created to read:
SB55-ASA1-AA1,359,109 31.01 (2m) "Duck Creek Drainage District" has the meaning given in s. 30.01
10(1nm).".
SB55-ASA1-AA1,359,11 11681. Page 511, line 25: after that line insert:
SB55-ASA1-AA1,359,12 12" Section 1339m. 30.95 of the statutes is created to read:
SB55-ASA1-AA1,359,15 1330.95 General provision for notice and hearing. (1) In any proceeding
14under this subchapter or subch. IV in which public notice is required, the department
15shall follow the procedures in subs. (3) and (4).
SB55-ASA1-AA1,359,19 16(2) In any proceeding under this subchapter or subch. IV in which public notice
17is not required, the department shall follow the procedures in subs. (3) and (4) if it
18determines that substantial interests of any party may be adversely affected by the
19proceeding.
SB55-ASA1-AA1,360,5 20(3) Upon receipt of a complete permit application, the department shall either
21schedule a hearing or provide notice stating that it will proceed on the application
22or request without a hearing if, within 30 days after the publication of the notice, no
23substantive written objection to issuance of the permit is received. The notice shall
24be provided to the clerk of each municipality in which the project is located and to

1any other person required by law to receive notice. The department may provide
2notice to other persons as it deems appropriate. The department shall provide a copy
3of the notice to the applicant, who shall publish it as a class 1 notice under ch. 985
4in a newspaper designated by the department that is likely to give notice in the area
5affected. The applicant shall file proof of publication with the department.
SB55-ASA1-AA1,360,9 6(4) (a) If a public hearing is ordered, the division of hearings and appeals shall
7mail a written notice at least 10 days before the hearing to each person given notice
8under sub. (3) and, in the case of an application for a permit, to any person who
9submitted a substantive written objection to issuance of the permit.
SB55-ASA1-AA1,360,1310 (b) The applicant shall publish a class 1 notice under ch. 985 of the hearing in
11a newspaper designated by the department that is likely to give notice in the area
12affected. The applicant shall file proof of publication under this paragraph with the
13hearing examiner at or prior to the hearing.
SB55-ASA1-AA1, s. 1339u 14Section 1339u. 31.01 (2) of the statutes is amended to read:
SB55-ASA1-AA1,360,1615 31.01 (2) "Department" means the department of natural resources
16environmental management.
SB55-ASA1-AA1, s. 1340m 17Section 1340m. 31.02 (4) (c) of the statutes is amended to read:
SB55-ASA1-AA1,360,2318 31.02 (4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof,
19the department of environmental management may permit the owner may be
20permitted
to enter into an agreement with the department of fish, wildlife, parks,
21and forestry
to pay for or to supply to the state of Wisconsin annually such quantities
22of game fish for stocking purposes as may be agreed upon by the owner and the
23department of fish, wildlife, parks, and forestry.".
SB55-ASA1-AA1,360,24 24682. Page 511, line 25: after that line insert:
SB55-ASA1-AA1,361,1
1" Section 1339m. 31.01 (7) of the statutes is created to read:
SB55-ASA1-AA1,361,42 31.01 (7) "Professional engineering firm" means a private professional
3engineering firm, partnership, or corporation that has been granted a certificate of
4authorization under s. 443.08 (3).
SB55-ASA1-AA1, s. 1340m 5Section 1340m. 31.02 (2) of the statutes is amended to read:
SB55-ASA1-AA1,361,146 31.02 (2) The department may investigate and determine all reasonable
7methods of construction, operation, maintenance, and equipment for any dam so as
8to conserve and protect all public rights in navigable waters and so as to protect life,
9health and property; and the construction, operation, maintenance and equipment,
10or any or all thereof, of dams in navigable waters shall be subject to the supervision
11of the department and to the orders and regulations of the department made or
12promulgated under this chapter. Except as provided in s. 31.19 (6) (b), any inspection
13conducted as part of an investigation under this subsection shall be conducted by a
14professional engineering firm.
SB55-ASA1-AA1, s. 1340n 15Section 1340n. 31.02 (3) of the statutes is amended to read:
SB55-ASA1-AA1,361,2216 31.02 (3) The department or, any member or any agent or employe thereof of
17the department and any professional engineering firm
shall at all times be accorded
18free access to any and all parts part of any dam and appurtenances to any
19appurtenance
constructed or maintained in navigable waters and in order to conduct
20an inspection or investigation as authorized or required under this chapter. The
21department
may enter upon any property to investigate a waterway or use of water
22from any lake or stream.".
SB55-ASA1-AA1,361,23 23683. Page 512, line 3: after that line insert:
SB55-ASA1-AA1,361,24 24" Section 1341d. 31.02 (7) of the statutes is amended to read:
SB55-ASA1-AA1,362,13
131.02 (7) The department of natural resources shall confer with the
2department of agriculture, trade and consumer protection and
the drainage
3commissioners in each drainage district on the formation of policies for the operation
4and maintenance of the dams; in districts. In a district having no commissioners, the
5department of natural resources shall confer in like manner with the department of
6agriculture, trade and consumer protection and
with the any committee appointed
7by the county board, if any, to represent either such the drainage district, or in . In
8the event that the a drainage district is dissolved, to represent the department of
9natural resources shall confer with any committee appointed by the county board to
10represent
the interests of the county in all matters whatsoever pertaining to water
11conservation and control within the area which theretofore constituted such the
12drainage district. This subsection does not apply to the Duck Creek Drainage
13District.
SB55-ASA1-AA1, s. 1341h 14Section 1341h. 31.02 (7m) of the statutes is amended to read:
SB55-ASA1-AA1,362,2315 31.02 (7m) The drainage board for the Duck Creek Drainage District shall
16operate, repair and maintain dams, dikes and other structures in district drains that
17the board operates in the Duck Creek Drainage District in compliance with ch. 88
18and any rules promulgated by the department of agriculture, trade and consumer
19protection under ch. 88. If a county Subsection (7) does not apply to the Duck Creek
20Drainage District unless the
drainage board for the district fails to perform its duties
21under this subsection, the. If the drainage board fails to perform these duties, the
22department of natural resources may exercise its authority under subs. (6), (8) and
23(9) and shall perform its duties under subs. (7) and (8).
SB55-ASA1-AA1, s. 1341p 24Section 1341p. 31.02 (8) of the statutes is amended to read:
SB55-ASA1-AA1,363,5
131.02 (8) The department of natural resources shall give careful consideration
2to the suggestions of made under sub. (7) by the department of agriculture, trade and
3consumer protection,
the drainage commissioners, or any committee of the county
4board, but the final decision in all matters under consideration shall rest with the
5department of natural resources.
SB55-ASA1-AA1, s. 1341t 6Section 1341t. 31.02 (9) of the statutes is amended to read:
SB55-ASA1-AA1,363,117 31.02 (9) So far as seems practicable, the department may designate or employ
8the drainage commissioners of any drainage district, or the committee of the county
9board above referred to appointed under sub. (7), to operate the dams in such the
10district or in the area formerly comprising a drainage district or to perform services
11in the repair and maintenance of the dams, dykes dikes and other works.".
SB55-ASA1-AA1,363,12 12684. Page 512, line 3: after that line insert:
SB55-ASA1-AA1,363,13 13" Section 1340rp. 31.02 (4r) of the statutes is amended to read:
SB55-ASA1-AA1,363,1914 31.02 (4r) The department of environmental management shall promulgate
15rules specifying the rights held by the public in navigable waters that are dammed.
16The rules shall include provisions on the rights held by the public that affect the
17placement of fishways or fish ladders in navigable waters that are dammed. The
18department of environmental management shall consult with the department of
19fish, wildlife, parks, and forestry concerning the rules under this subsection.
SB55-ASA1-AA1, s. 1342b 20Section 1342b. 31.02 (7m) of the statutes is amended to read:
SB55-ASA1-AA1,364,321 31.02 (7m) The drainage board for the Duck Creek Drainage District shall
22operate, repair and maintain dams, dikes and other structures in district drains that
23the board operates in the Duck Creek Drainage District in compliance with ch. 88
24and any rules promulgated by the department of agriculture, trade and consumer

1protection under ch. 88. If a county drainage board fails to perform its duties under
2this subsection, the department of natural resources fish, wildlife, parks, and
3forestry
may exercise its authority under subs. (6), (8) and (9).
SB55-ASA1-AA1, s. 1344b 4Section 1344b. 31.06 (1) of the statutes is amended to read:
SB55-ASA1-AA1,364,165 31.06 (1) Upon receipt of an application for a permit under s. 31.05 the
6department of environmental management may order a hearing or it may mail a
7notice that it will proceed on the application without public hearing unless a request
8for a public hearing is filed as provided in this section. The notice shall be mailed
9to the clerk of each municipality directly affected by the proposed dam and to the
10department of fish, wildlife, parks, and forestry
. The department of environmental
11management
may give further or other notice as it considers proper. The department
12of environmental management shall mail a copy of the notice to the applicant who
13shall cause the notice to be published in each county in which affected riparian lands
14are located as a class 1 notice, under ch. 985. If a hearing is not requested in writing
15within 30 days after mailing of the notice, the department of environmental
16management
may waive the hearing.
SB55-ASA1-AA1, s. 1344c 17Section 1344c. 31.06 (3) (b) of the statutes is amended to read:
SB55-ASA1-AA1,364,2518 31.06 (3) (b) If it appears, after consulting with the department of fish, wildlife,
19parks, and forestry,
that the construction, operation or maintenance of the proposed
20dam is in the public interest, considering ecological, aesthetic, economic and
21recreational values, the department of environmental management shall so find and
22grant a permit to the applicant, provided the department of environmental
23management
also finds that the applicant has complied with s. 31.14 (2) or (3) and,
24where applicable, with s. 31.05 (3), based on the department's own estimate of the
25department of environmental management
of the area of the flowage.
SB55-ASA1-AA1, s. 1344d
1Section 1344d. 31.187 (2) of the statutes is amended to read:
SB55-ASA1-AA1,365,82 31.187 (2) Whenever the department of environmental management
3determines, after consultation with the department of fish, wildlife, parks, and
4forestry,
that the conservation of any species or variety of wild animals will be
5promoted thereby, the department may maintain and repair any dam located wholly
6upon lands the title to which is in the state either as proprietor or in trust for the
7people after giving due consideration to fixing the level and regulating the flow of the
8public waters.
SB55-ASA1-AA1, s. 1344f 9Section 1344f. 31.307 (4) of the statutes is repealed.
SB55-ASA1-AA1, s. 1344g 10Section 1344g. 31.309 (1) (a) and (am) of the statutes are repealed.
SB55-ASA1-AA1, s. 1344h 11Section 1344h. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and
12amended to read:
SB55-ASA1-AA1,365,1713 31.309 (1) When the department determines that the renovation and repair
14described under par. (a) s. 31.309 (1) (a), 1999 stats., are complete, the city of Portage
15shall assume the maintenance of the city of Portage levee in the Portage levee system
16in a manner that will best protect the surrounding area from the overflow of the
17Wisconsin River.
SB55-ASA1-AA1, s. 1344j 18Section 1344j. 31.309 (2) (a) of the statutes is renumbered 31.309 (2).
SB55-ASA1-AA1, s. 1344m 19Section 1344m. 31.309 (2) (b) of the statutes is repealed.
SB55-ASA1-AA1, s. 1344p 20Section 1344p. 31.34 of the statutes is amended to read:
SB55-ASA1-AA1,366,5 2131.34 Flow of water regulated. Each person, firm or corporation
22maintaining a dam on any navigable stream shall pass at all times at least 25% of
23the natural low flow of water of such stream, except as otherwise provided by law.
24This section, however, shall not apply to a plant or dam where the water is discharged
25directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply

1to cases where in the opinion of in which the department of environmental
2management determines, after consultation with the department of fish, wildlife,
3parks, and forestry, that
such minimum discharge is not necessary for the protection
4of fish life. Any person, firm or corporation violating this section shall be fined not
5less than $50 nor more than $1,000.".
SB55-ASA1-AA1,366,6 6685. Page 512, line 3: after that line insert:
SB55-ASA1-AA1,366,7 7" Section 1344g. 31.309 (1) (ag) of the statutes is created to read:
SB55-ASA1-AA1,366,118 31.309 (1) (ag) The department shall provide a grant of $350,000 in fiscal year
92001-2002 and a grant of $350,000 in fiscal year 2002-2003 from the appropriation
10under s. 20.370 (5) (cq) to the city of Portage for the renovation and repair of the
11Portage canal.".
SB55-ASA1-AA1,366,12 12686. Page 512, line 3: after that line insert:
SB55-ASA1-AA1,366,13 13" Section 1344c. 31.18 (1) of the statutes is amended to read:
SB55-ASA1-AA1,367,214 31.18 (1) The grantee of any permit, the owner of any dam constructed before
15permits were required by law, and the owner of any bridge at the city of Portage or
16at any point above that city, over the Wisconsin River, shall maintain and operate all
17such dams, slides, chutes, piers, booms, guide booms, weirs, tunnels, races, flumes,
18sluices, pits, fishways, locks, boat hoists, marine railways and all other equipment
19required by the department for the protection of public rights in such waters, and for
20the preservation of life, health and property, in good repair and condition, and shall
21not wilfully, or otherwise, injure, remove or destroy the same, or any part thereof,
22unless the department shall have approved such removal or destruction in writing.
23In the event of emergency the department shall have power, pending investigation
24and hearing, to order the repair of any dam without notice and hearing. Except as

1provided in s. 31.19 (6) (b), any inspection conducted as part of an investigation under
2this subsection shall be conducted by a professional engineering firm.
SB55-ASA1-AA1, s. 1344e 3Section 1344e. 31.18 (3) of the statutes is amended to read:
SB55-ASA1-AA1,367,114 31.18 (3) Except when emergency shall require the same for the protection of
5life, health or property, no substantial alteration or addition shall be made to any
6dam heretofore or hereafter constructed without obtaining an order therefor from
7the department, which order may be issued only after an investigation and upon a
8finding that the proposed alterations or additions will not impair the sufficiency of
9such dam or any existing public rights in such waters. Except as provided in s. 31.19
10(6) (b), any inspection conducted as part of an investigation under this subsection
11shall be conducted by a professional engineering firm.
SB55-ASA1-AA1, s. 1344g 12Section 1344g. 31.185 (4) of the statutes is amended to read:
SB55-ASA1-AA1,368,413 31.185 (4) Prior to the hearing the department shall have its staff make its own
14conduct an investigation of the dam and, on the basis of such investigation, shall
15make recommendations as to the type of requirements, if any, which it would impose
16on the applicant under sub. (5) as a condition to granting the permit. Such
17recommendations shall be presented at the hearing. If no one registers opposition
18to the application at the hearing, the department shall grant the permit, subject to
19such conditions as it deems necessary under sub. (5). If someone registers opposition
20to the abandonment at the hearing and such opposition is not withdrawn, the
21department shall defer action on the application for a period of 120 days after the
22hearing. Within a reasonable time after the expiration of such period, the
23department shall deny the permit, or grant the permit, subject to such conditions as
24it imposes under sub. (5), unless, within such 120-day period, one or more
25municipalities or other persons or associations have agreed to acquire ownership of

1the dam and have furnished satisfactory proof of intent to comply with s. 31.14 (2)
2or (3). Except as provided in s. 31.19 (6) (b), any inspection conducted as part of an
3investigation under this subsection shall be conducted by a professional engineering
4firm.
SB55-ASA1-AA1, s. 1344j 5Section 1344j. 31.19 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1,368,106 31.19 (2) (a) Requirement. Except as provided under par. (b), at least once every
710 years the department shall conduct a detailed inspection the owner of each large
8dam which is maintained or operated in or across navigable waters shall employ or
9contract with a professional engineering firm to conduct a detailed inspection of the
10dam
.
SB55-ASA1-AA1, s. 1344L 11Section 1344L. 31.19 (3) of the statutes is amended to read:
SB55-ASA1-AA1,368,2112 31.19 (3) Inspection upon complaint. If the department receives a complaint
13in writing from the mayor of a city, supervisor of a town or the president or trustee
14of a village which alleges that a dam maintained or operated in or across any
15navigable or nonnavigable waters or a reservoir is in an unsafe condition or if the
16department receives a complaint in writing from a person which alleges that the
17person's property or any property under the person's control is endangered by a dam
18or reservoir, the department shall investigate or cause an investigation to be made
19of the complaint. Except as provided in sub. (6) (b), any inspection conducted as part
20of an investigation under this subsection shall be conducted by a professional
21engineering firm.
SB55-ASA1-AA1, s. 1344n 22Section 1344n. 31.19 (4) of the statutes is amended to read:
SB55-ASA1-AA1,369,223 31.19 (4) Discretionary inspection. The department may inspect or cause an
24inspection to be made of any dam or reservoir. The dam inspection shall be made by

1a professional engineering firm.
The department may inspect or cause an inspection
2to be made of any reservoir.
SB55-ASA1-AA1, s. 1344p 3Section 1344p. 31.19 (5) of the statutes is amended to read:
SB55-ASA1-AA1,369,144 31.19 (5) Order; reduction in water level. If the department finds pursuant
5to an inspection or investigation that a dam or reservoir is not sufficiently strong or
6is unsafe and that the dam or reservoir is dangerous to life or property, it shall
7determine what alterations, additions or repairs are necessary and shall order the
8owner or person having control of the dam or reservoir to cause those alterations,
9additions or repairs to be made within a time specified in the order. If the department
10finds pursuant to an inspection or investigation that a dam or reservoir is not
11sufficiently strong or is unsafe and that the dam or reservoir is dangerous to life or
12property, it may cause to be drawn off, in whole or in part, the water in the reservoir
13or impounded by the dam if it determines that this action is necessary to prevent
14impending danger to persons or property.
SB55-ASA1-AA1, s. 1344r 15Section 1344r. 31.19 (6) of the statutes is created to read:
SB55-ASA1-AA1,370,216 31.19 (6) Review by department. (a) Each professional engineering firm
17conducting an inspection under this chapter shall prepare a report of the inspection,
18and the owner of the dam shall submit the report to the department within 6 months
19after the inspection is completed. The department shall review the report and if the
20department finds that the inspection is adequate to determine the strength and
21safety of the dam and if the dam has potential to endanger life or property, the
22department shall certify that the inspection is complete. If the department
23determines that the inspection was not adequate to make these determinations, the
24department shall reject the inspection. The department shall give written

1notification of the reasons for the rejection to the owner of the dam and the
2professional engineering firm.
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