Amendment ASA1-AB655

AB655-ASA1, s. 13 Section 13. 30.025 (4) of the statutes, as affected by 2003 Wisconsin Act 89, is amended to read:

AB655-ASA1,6,24 30.025 (4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the application for a permit for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3).

AB655-ASA1, s. 14 Section 14. 30.025 (5) of the statutes is created to read:

AB655-ASA1,7,2 30.025 (5) Exemption from certain procedures. Sections 30.208 and 30.209 do not apply to an application for any permit under this section.

AB655-ASA1, s. 15 Section 15. 30.07 of the statutes is renumbered 30.2095, and 30.2095 (1) (a), as renumbered, is amended to read:

AB655-ASA1,7,8 30.2095 (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB655-ASA1, s. 16 Section 16. 30.10 (4) (a) of the statutes is amended to read:

AB655-ASA1,7,12 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.123 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB655-ASA1, s. 17 Section 17. 30.11 (4) of the statutes is amended to read:

AB655-ASA1,7,16 30.11 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors owners. Riparian proprietors owners may place solid structures or fill up to such line.

AB655-ASA1, s. 18 Section 18. 30.12 (title) of the statutes is amended to read:

AB655-ASA1,7,19 30.12 (title) Structures and deposits in navigable waters prohibited; exceptions; penalty.

AB655-ASA1, s. 19 Section 19. 30.12 (1) (intro.) of the statutes is amended to read:

AB655-ASA1,8,2 30.12 (1) General prohibition Permits required. (intro.) Except as provided under subs. (4) and (4m), unless a Unless an individual or a general permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

AB655-ASA1, s. 20 Section 20. 30.12 (1) (a) of the statutes is amended to read:

AB655-ASA1,8,5 30.12 (1) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established ; or.

AB655-ASA1, s. 21 Section 21. 30.12 (1) (b) of the statutes is amended to read:

AB655-ASA1,8,8 30.12 (1) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

AB655-ASA1, s. 22 Section 22. 30.12 (1g) (intro.), (a), (b), (e), (f), (i), (j), (k), (km) and (L) of the statutes are created to read:

AB655-ASA1,8,15 30.12 (1g) Exemptions. (intro.) A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the riparian rights of other riparian owners, and is any of the following:

AB655-ASA1,8,18 (a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards and that is associated with any activity or project that is exempt from an individual permit or a general permit under this subchapter.

AB655-ASA1,8,20 (b) A structure, other than a pier or a wharf, that is placed on a seasonal basis in accordance with rules promulgated by the department.

AB655-ASA1,8,23 (e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property, in accordance with rules promulgated by the department.

AB655-ASA1,9,4 (f) A pier or wharf that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.

AB655-ASA1,9,6 (i) Riprap in an amount not to exceed 100 linear feet that is placed to replace existing riprap and that includes the replacement of filter fabric or base substrate.

AB655-ASA1,9,9 (j) Riprap in an amount not to exceed 300 linear feet that is placed to repair existing riprap, and that consists only of the placement of additional rock or the redistribution of existing rock within the footprint of the existing riprap.

AB655-ASA1,9,11 (k) A biological shore erosion control structure, as defined by rule by the department.

AB655-ASA1,9,14 (km) An intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.

AB655-ASA1,9,17 (L) A pier to replace a pier that has been in existence at least 10 years before the effective date of this paragraph .... [revisor inserts date], does not exceed 10 feet in width, and does not exceed 500 square feet in area.

AB655-ASA1, s. 23 Section 23. 30.12 (2) of the statutes is repealed.

AB655-ASA1, s. 24 Section 24. 30.12 (2m) of the statutes is created to read:

AB655-ASA1,9,25 30.12 (2m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (1g) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:

AB655-ASA1,10,1 (a) Significant adverse impacts to the public rights and interests.

AB655-ASA1,10,2 (b) Environmental pollution, as defined in s. 299.01 (4).

AB655-ASA1,10,3 (c) Material injury to the riparian rights of any riparian owner.

AB655-ASA1, s. 25 Section 25. 30.12 (2r) of the statutes is created to read:

AB655-ASA1,10,9 30.12 (2r) Exemption determinations. (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.

AB655-ASA1,10,11 (b) The department shall do all of the following within 15 days after receipt of a statement under par. (a).

AB655-ASA1,10,13 1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.

AB655-ASA1,10,14 2. Make a determination as to whether the activity is exempt.

AB655-ASA1,10,17 3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.

AB655-ASA1,10,20 (c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit.

AB655-ASA1,10,22 (d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.

AB655-ASA1, s. 26 Section 26. 30.12 (3) (title) of the statutes is repealed and recreated to read:

AB655-ASA1,10,24 30.12 (3) (title) General permits.

AB655-ASA1, s. 27 Section 27. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB655-ASA1,11,4 30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

AB655-ASA1, s. 28 Section 28. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

AB655-ASA1,11,9 30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

AB655-ASA1, s. 29 Section 29. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read:

AB655-ASA1,11,14 30.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

AB655-ASA1, s. 30 Section 30. 30.12 (3) (a) 3. of the statutes is repealed.

AB655-ASA1, s. 31 Section 31. 30.12 (3) (a) 3c. of the statutes is created to read:

AB655-ASA1,11,18 30.12 (3) (a) 3c. Place riprap in order to replace or repair existing riprap, other than riprap that is exempt under sub. (1g) (i) or (j).

AB655-ASA1, s. 32 Section 32. 30.12 (3) (a) 3g. of the statutes is created to read:

AB655-ASA1,11,22 30.12 (3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 100 continuous feet in an inland lake of 300 acres or more.

AB655-ASA1, s. 33 Section 33. 30.12 (3) (a) 3r. of the statutes is created to read:

AB655-ASA1,12,3 30.12 (3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent to an owner's property in an amount up to and including 300 continuous feet in a Great Lakes water body.

AB655-ASA1, s. 34 Section 34. 30.12 (3) (a) 6. of the statutes is amended to read:

AB655-ASA1,12,11 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general permit may be granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there is a boathouse over navigable waters adjacent to the owner's property.

AB655-ASA1, s. 35 Section 35. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and amended to read:

AB655-ASA1,12,16 30.12 (1g) (g) Place an An intake structure and pipe that is placed on the bed of a navigable water for the purpose of constructing a dry fire hydrant to supply water for fire protection.

AB655-ASA1, s. 36 Section 36. 30.12 (3) (a) 8. of the statutes is renumbered 30.12 (1g) (h) and amended to read:

AB655-ASA1,12,21 30.12 (1g) (h) Drive a piling A piling that is driven into the bed of a navigable water adjacent to the owner's property for the purpose of deflecting ice, protecting an existing or proposed structure, or providing a pivot point for turning watercraft.

AB655-ASA1, s. 37 Section 37. 30.12 (3) (a) 13. of the statutes is created to read:

AB655-ASA1,12,25 30.12 (3) (a) 13. Place a seawall to replace an existing seawall. The replacement may not exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed 300 continuous feet in a Great Lakes water body.

AB655-ASA1, s. 38 Section 38. 30.12 (3) (b) of the statutes is repealed.

AB655-ASA1, s. 39 Section 39. 30.12 (3) (bn) of the statutes is repealed.

AB655-ASA1, s. 40 Section 40. 30.12 (3) (br) of the statutes is created to read:

AB655-ASA1,13,6 30.12 (3) (br) The department may promulgate rules that specify structures or deposits, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655-ASA1, s. 41 Section 41. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.) and amended to read:

AB655-ASA1,13,13 30.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection s. 30.12 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:

AB655-ASA1, s. 42 Section 42. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1) to (9).

AB655-ASA1, s. 43 Section 43. 30.12 (3) (c) of the statutes is amended to read:

AB655-ASA1,14,2 30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of impose conditions on general permits issued under par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules conditions may not govern the aesthetic features or color of boat shelters. The standards conditions shall be designed to assure ensure the structural soundness and durability of a boat shelter boat shelters. A municipality may enact ordinances not inconsistent that are consistent with this section or with rules promulgated under this section regulating paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.

AB655-ASA1, s. 44 Section 44. 30.12 (3) (d) of the statutes is repealed.

AB655-ASA1, s. 45 Section 45. 30.12 (3m) of the statutes is created to read:

AB655-ASA1,14,8 30.12 (3m) Individual permits. (a) For a structure or deposit that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian owner may apply to the department for the individual permit that is required under sub. (1) in order to place the structure for the owner's use or to deposit the material.

AB655-ASA1,14,10 (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

AB655-ASA1,14,13 (c) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply:

AB655-ASA1,14,14 1. The structure or deposit will not materially obstruct navigation.

AB655-ASA1,14,15 2. The structure or deposit will not be detrimental to the public interest.

AB655-ASA1,14,17 3. The structure or deposit will not materially reduce the flood flow capacity of a stream.

AB655-ASA1, s. 46 Section 46. 30.12 (4) (title) of the statutes is repealed.

AB655-ASA1, s. 47 Section 47. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and amended to read:

AB655-ASA1,15,5 30.2022 (1) Activities affecting waters of the state , as defined in s. 281.01 (18), that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature , and extent of the proposed work that may affect the waters of the state.

AB655-ASA1, s. 48 Section 48. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and amended to read:

AB655-ASA1,15,11 30.2022 (2) The exemption under par. (a) sub. (1) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.

AB655-ASA1, s. 49 Section 49. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and amended to read: