AB655-ASA1,9,424
(f) A pier or wharf that is no more than 6 feet wide, that extends no further than
25to a point where the water is 3 feet at its maximum depth, or to the point where there
1is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is
2closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet
3of riparian owner's shoreline footage and no more than one additional boat slip for
4each additional 50 feet of the riparian owner's shoreline.
AB655-ASA1,9,65
(i) Riprap in an amount not to exceed 100 linear feet that is placed to replace
6existing riprap and that includes the replacement of filter fabric or base substrate.
AB655-ASA1,9,97
(j) Riprap in an amount not to exceed 300 linear feet that is placed to repair
8existing riprap, and that consists only of the placement of additional rock or the
9redistribution of existing rock within the footprint of the existing riprap.
AB655-ASA1,9,1110
(k) A biological shore erosion control structure, as defined by rule by the
11department.
AB655-ASA1,9,1412
(km) An intake or outfall structure that is less than 6 feet from the water side
13of the ordinary high-water mark and that is less than 25 percent of the width of the
14channel in which it is placed.
AB655-ASA1,9,1715
(L) A pier to replace a pier that has been in existence at least 10 years before
16the effective date of this paragraph .... [revisor inserts date], does not exceed 10 feet
17in width, and does not exceed 500 square feet in area.
AB655-ASA1,9,2520
30.12
(2m) Permits in lieu of exemptions. The department may decide to
21require that a person engaged in an activity that is exempt under sub. (1g) apply for
22an individual permit or seek authorization under a general permit if the department
23has conducted an investigation and visited the site of the activity and has determined
24that conditions specific to the site require restrictions on the activity in order to
25prevent any of the following:
AB655-ASA1,10,1
1(a) Significant adverse impacts to the public rights and interests.
AB655-ASA1,10,22
(b) Environmental pollution, as defined in s. 299.01 (4).
AB655-ASA1,10,33
(c) Material injury to the riparian rights of any riparian owner.
AB655-ASA1,10,95
30.12
(2r) Exemption determinations. (a) A person may submit to the
6department a written statement requesting that the department determine whether
7a proposed activity is exempt under sub. (1g). The statement shall contain a
8description of the proposed activity and site and shall give the department consent
9to enter and inspect the site.
AB655-ASA1,10,1110
(b) The department shall do all of the following within 15 days after receipt of
11a statement under par. (a).
AB655-ASA1,10,1312
1. Enter and inspect the site on which the activity is located, subject to s. 30.291,
13if the department determines such an inspection is necessary.
AB655-ASA1,10,1414
2. Make a determination as to whether the activity is exempt.
AB655-ASA1,10,1715
3. Notify in writing the person submitting the statement which general or
16individual permit will be required for the activity, if the department determines that
17the activity is not exempt.
AB655-ASA1,10,2018
(c) If the department does not take action under par. (b), the department may
19not require at any time that the person proposing to engage in the activity apply for
20an individual permit or seek authorization under a general permit.
AB655-ASA1,10,2221
(d) If a statement under par. (a) is not given or if the statement does not give
22consent to inspect, the 15-day time limit under par. (b) does not apply.
AB655-ASA1, s. 26
23Section
26. 30.12 (3) (title) of the statutes is repealed and recreated to read:
AB655-ASA1,10,2424
30.12
(3) (title)
General permits.
AB655-ASA1, s. 27
1Section
27. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to
2read:
AB655-ASA1,11,43
30.12
(3) (a) (intro.) The department shall issue statewide general permits
4under s. 30.206 that authorize riparian owners to do all of the following:
AB655-ASA1, s. 28
5Section
28. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and
6amended to read:
AB655-ASA1,11,97
30.12
(1g) (c)
Place a A fish crib, spawning reef, wing deflector
, or similar
8device
that is placed on the bed of navigable waters for the purpose of improving fish
9habitat.
AB655-ASA1, s. 29
10Section
29. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and
11amended to read:
AB655-ASA1,11,1412
30.12
(1g) (d)
Place a A bird nesting platform,
a wood duck house
, or similar
13structure
that is placed on the bed of a navigable water for the purpose of improving
14wildlife habitat.
AB655-ASA1, s. 31
16Section
31. 30.12 (3) (a) 3c. of the statutes is created to read:
AB655-ASA1,11,1817
30.12
(3) (a) 3c. Place riprap in order to replace or repair existing riprap, other
18than riprap that is exempt under sub. (1g) (i) or (j).
AB655-ASA1, s. 32
19Section
32. 30.12 (3) (a) 3g. of the statutes is created to read:
AB655-ASA1,11,2220
30.12
(3) (a) 3g. Place riprap on the bed or bank of a navigable water adjacent
21to an owner's property in an amount up to and including 100 continuous feet in an
22inland lake of 300 acres or more.
AB655-ASA1, s. 33
23Section
33. 30.12 (3) (a) 3r. of the statutes is created to read:
AB655-ASA1,12,3
130.12
(3) (a) 3r. Place riprap on the bed or bank of a navigable water adjacent
2to an owner's property in an amount up to and including 300 continuous feet in a
3Great Lakes water body.
AB655-ASA1,12,115
30.12
(3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
6for the purpose of storing or protecting watercraft and associated materials, except
7that no
general permit may be
granted
issued for a permanent boat shelter which is
8constructed after May 3, 1988, if the property on which the permanent boat shelter
9is to be located also contains a boathouse within 75 feet of the ordinary high-water
10mark or if there is a boathouse over navigable waters adjacent to the owner's
11property.
AB655-ASA1, s. 35
12Section
35. 30.12 (3) (a) 7. of the statutes is renumbered 30.12 (1g) (g) and
13amended to read:
AB655-ASA1,12,1614
30.12
(1g) (g)
Place an An intake structure and pipe
that is placed on the bed
15of a navigable water for the purpose of constructing a dry fire hydrant to supply water
16for fire protection.
AB655-ASA1, s. 36
17Section
36. 30.12 (3) (a) 8. of the statutes is renumbered 30.12 (1g) (h) and
18amended to read:
AB655-ASA1,12,2119
30.12
(1g) (h)
Drive a piling A piling that is driven into the bed of a navigable
20water adjacent to the owner's property for the purpose of deflecting ice, protecting
21an existing or proposed structure, or providing a pivot point for turning watercraft.
AB655-ASA1, s. 37
22Section
37. 30.12 (3) (a) 13. of the statutes is created to read:
AB655-ASA1,12,2523
30.12
(3) (a) 13. Place a seawall to replace an existing seawall. The
24replacement may not exceed 100 continuous feet in an inland lake of 300 or more
25acres and may not exceed 300 continuous feet in a Great Lakes water body.
AB655-ASA1,13,64
30.12
(3) (br) The department may promulgate rules that specify structures or
5deposits, in addition to those listed in par. (a), that may be authorized by statewide
6general permits.
AB655-ASA1, s. 41
7Section
41. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.)
8and amended to read:
AB655-ASA1,13,13
930.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian
10owner is exempt from the permit requirements under
sub. (2) and this subsection s.
1130.12 for a structure that is placed on the bed of a navigable water in the Wolf River
12and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the
13ordinary high-water mark, if the following conditions apply:
AB655-ASA1, s. 42
14Section
42. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1)
15to (9).
AB655-ASA1,14,217
30.12
(3) (c) The department may
promulgate rules deemed necessary to carry
18out the purposes of impose conditions on general permits issued under par. (a) 6.
,
19including rules to establish minimum standards to govern the architectural features
20of boat shelters and the number of boat shelters that may be constructed adjacent
21to a parcel of land. The
rules conditions may not govern the aesthetic features or color
22of boat shelters. The
standards conditions shall be designed to
assure ensure the
23structural soundness and durability of
a boat shelter
boat shelters. A municipality
24may enact ordinances
not inconsistent that are consistent with this
section or with
25rules promulgated under this section regulating paragraph and with any conditions
1imposed on general permits issued to regulate the architectural features of boat
2shelters
that are under the jurisdiction of the municipality.
AB655-ASA1,14,85
30.12
(3m) Individual permits. (a) For a structure or deposit that is not exempt
6under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian
7owner may apply to the department for the individual permit that is required under
8sub. (1) in order to place the structure for the owner's use or to deposit the material.
AB655-ASA1,14,109
(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an
10application under par. (a).
AB655-ASA1,14,1311
(c) The department shall issue an individual permit to a riparian owner for a
12structure or a deposit pursuant to an application under par. (a) if the department
13finds that all of the following apply:
AB655-ASA1,14,1414
1. The structure or deposit will not materially obstruct navigation.
AB655-ASA1,14,1515
2. The structure or deposit will not be detrimental to the public interest.
AB655-ASA1,14,1716
3. The structure or deposit will not materially reduce the flood flow capacity
17of a stream.
AB655-ASA1, s. 47
19Section
47. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and
20amended to read:
AB655-ASA1,15,521
30.2022
(1) Activities affecting waters of the state
, as defined in s. 281.01 (18)
, 22that are carried out under the direction and supervision of the department of
23transportation in connection with highway, bridge
, or other transportation project
24design, location, construction, reconstruction, maintenance
, and repair are not
25subject to the prohibitions or permit or approval requirements specified under
this
1section or s. 29.601, 30.11,
30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231
, 2or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest
3practical time prior to the commencement of these activities, the department of
4transportation shall notify the department of the location, nature
, and extent of the
5proposed work that may affect the waters of the state.
AB655-ASA1, s. 48
6Section
48. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and
7amended to read:
AB655-ASA1,15,118
30.2022
(2) The exemption under
par. (a) sub. (1) does not apply unless the
9activity is accomplished in accordance with interdepartmental liaison procedures
10established by the department and the department of transportation for the purpose
11of minimizing the adverse environmental impact, if any, of the activity.
AB655-ASA1, s. 49
12Section
49. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and
13amended to read:
AB655-ASA1,15,2214
30.2022
(3) If the department determines that there is reasonable cause to
15believe that an activity being carried out under this
subsection section is not in
16compliance with the environmental protection requirements developed through
17interdepartmental liaison procedures, it shall notify the department of
18transportation. If the secretary and the secretary of transportation are unable to
19agree upon the methods or time schedules to be used to correct the alleged
20noncompliance, the secretary, notwithstanding the exemption provided in this
21subsection section, may proceed with enforcement actions as the secretary deems
22appropriate.
AB655-ASA1, s. 50
23Section
50. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).
AB655-ASA1, s. 51
24Section
51. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and
25amended to read:
AB655-ASA1,16,3
130.2022
(5) Except as may be required otherwise under s. 1.11, no public notice
2or hearing is required in connection with any interdepartmental consultation and
3cooperation under this
subsection section.
AB655-ASA1, s. 52
4Section
52. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended
5to read:
AB655-ASA1,16,76
30.2022
(6) This
subsection section does not apply to activities in the Lower
7Wisconsin State Riverway, as defined in s. 30.40 (15).
AB655-ASA1, s. 54
9Section
54. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12
10(1m) (c) (intro.), as renumbered, is amended to read:
AB655-ASA1,16,1411
30.12
(1m) (c) (intro.)
Subsection (1) does not apply to a A structure or deposit
12that the drainage board for the Duck Creek Drainage District places in a drain that
13the board operates in the Duck Creek Drainage District
is exempt from the permit
14requirements under this section if either of the following applies:
AB655-ASA1,16,1917
30.121
(3w) Exception; commercial boathouses. Notwithstanding subs. (2)
18and (3), a person may construct, repair, or maintain a boathouse if all of the following
19apply:
AB655-ASA1,16,2020
(a) The boathouse is used exclusively for commercial purposes.
AB655-ASA1,16,2321
(b) The boathouse is located on land zoned exclusively for commercial or
22industrial purposes or the boathouse is located on a brownfield, as defined in s.
23560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).
AB655-ASA1,17,3
1(c) The boathouse is located within a harbor that is being operated as a
2commercial enterprise or is located on a river that is a tributary of Lake Michigan
3or Lake Superior.
AB655-ASA1,17,64
(d) The person has been issued any applicable individual permits under this
5subchapter and is in compliance with any applicable general permitting
6requirements under this subchapter.
AB655-ASA1, s. 57
7Section
57. 30.123 (title) of the statutes is repealed and recreated to read:
AB655-ASA1,17,8
830.123 (title)
Bridges and culverts.
AB655-ASA1, s. 58
9Section
58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to
10read:
AB655-ASA1,17,15
1130.1235 Municipal bridge construction. Municipalities which construct or
12reconstruct highway bridges shall not be required to obtain permits under
this
13section or s. 30.10 or s. 30.12
or 30.123 for
such that construction or reconstruction.
14All municipal highway bridges shall be constructed or reconstructed in accordance
15with standards developed under s. 84.01 (23).
AB655-ASA1,18,217
30.123
(2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) 18Unless an individual or a general permit has been issued under this section or
19authorization has been granted by the legislature, no person may construct or
20maintain a bridge
or construct, place, or maintain a culvert in, on
, or over navigable
21waters
unless a permit has been issued by the department under this section. The
22application for a permit shall contain the applicant's name and address, the proposed
23location of the bridge, a cross section and plan view of the navigable waters and
24adjacent uplands, a description of materials to be used in construction of the bridge,
1plans for the proposed bridge, evidence of permission to construct the bridge from the
2riparian owners and any other information required by the department.