Amendment ASA1-AB655

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AB655-ASA1, s. 38 Section 38. 30.12 (3) (b) of the statutes is repealed.

AB655-ASA1, s. 39 Section 39. 30.12 (3) (bn) of the statutes is repealed.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AB655-ASA1, s. 44 Section 44. 30.12 (3) (d) of the statutes is repealed.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:

AB655-ASA1,15,22 30.2022 (3) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection section, may proceed with enforcement actions as the secretary deems appropriate.

AB655-ASA1, s. 50 Section 50. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).

AB655-ASA1, s. 51 Section 51. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and amended to read:

AB655-ASA1,16,3 30.2022 (5) Except as may be required otherwise under s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this subsection section.

AB655-ASA1, s. 52 Section 52. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended to read:

AB655-ASA1,16,7 30.2022 (6) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

AB655-ASA1, s. 53 Section 53. 30.12 (4m) (title) of the statutes is repealed.

AB655-ASA1, s. 54 Section 54. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended to read:

AB655-ASA1,16,14 30.12 (1m) (c) (intro.) Subsection (1) does not apply to a A structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District is exempt from the permit requirements under this section if either of the following applies:

AB655-ASA1, s. 55 Section 55. 30.12 (5) of the statutes is repealed.

AB655-ASA1, s. 56 Section 56. 30.121 (3w) of the statutes is created to read:

AB655-ASA1,16,19 30.121 (3w) Exception; commercial boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair, or maintain a boathouse if all of the following apply:

AB655-ASA1,16,20 (a) The boathouse is used exclusively for commercial purposes.

AB655-ASA1,16,23 (b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).

AB655-ASA1,17,3 (c) The boathouse is located within a harbor that is being operated as a commercial enterprise or is located on a river that is a tributary of Lake Michigan or Lake Superior.

AB655-ASA1,17,6 (d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.

AB655-ASA1, s. 57 Section 57. 30.123 (title) of the statutes is repealed and recreated to read:

AB655-ASA1,17,8 30.123 (title) Bridges and culverts.

AB655-ASA1, s. 58 Section 58. 30.123 (1) of the statutes is renumbered 30.1235 and amended to read:

AB655-ASA1,17,15 30.1235 Municipal bridge construction. Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or s. 30.10 or s. 30.12 or 30.123 for such that construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

AB655-ASA1, s. 59 Section 59. 30.123 (2) of the statutes is amended to read:

AB655-ASA1,18,2 30.123 (2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.

AB655-ASA1, s. 60 Section 60. 30.123 (3) of the statutes is repealed.

AB655-ASA1, s. 61 Section 61. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and amended to read:

AB655-ASA1,18,12 30.123 (8) (c) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the issue an individual permit if the proposed pursuant to an application under par. (a) if the department finds that the bridge or culvert will not materially obstruct navigation, will not materially reduce the effective flood flow capacity of a stream or be, and will not be detrimental to the public interest.

AB655-ASA1, s. 62 Section 62. 30.123 (5) of the statutes is repealed.

AB655-ASA1, s. 63 Section 63. 30.123 (6) of the statutes is created to read:

AB655-ASA1,18,15 30.123 (6) Exemptions. Subsection (2) does not apply to any of the following:

AB655-ASA1,18,17 (a) The construction and maintenance of highway bridges to which s. 30.1235 applies.

AB655-ASA1,18,19 (b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.

AB655-ASA1,18,23 (d) The construction or placement and the maintenance of a culvert to replace a culvert that is authorized under a permit issued under s. 30.12, 2001 stats., or 30.123, 2001 stats, if the construction, placement, and maintained will comply with the same conditions of the permit.

AB655-ASA1,18,25 (e) The construction or placement and the maintenance of a culvert to replace a culvert that has an inside diameter that does not exceed 24 inches.

AB655-ASA1, s. 64 Section 64. 30.123 (6m) of the statutes is created to read:

AB655-ASA1,19,7 30.123 (6m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (e) 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-ASA1,19,8 (a) Significant adverse impacts to the public rights and interests.

AB655-ASA1,19,9 (b) Environmental pollution, as defined in s. 299.01 (4).

AB655-ASA1,19,10 (c) Material injury to the riparian rights of any riparian owner.

AB655-ASA1, s. 65 Section 65. 30.123 (6r) of the statutes is created to read:

AB655-ASA1,19,16 30.123 (6r) 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. (6) (d) or (e). 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-ASA1,19,18 (b) The department shall do all of the following within 15 days after receipt of a statement under par. (a).

AB655-ASA1,19,20 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-ASA1,19,21 2. Make a determination as to whether the activity is exempt.

AB655-ASA1,19,24 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-ASA1,20,3 (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-ASA1,20,5 (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. 66 Section 66. 30.123 (7) of the statutes is created to read:

AB655-ASA1,20,8 30.123 (7) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:

AB655-ASA1,20,10 1. Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.

AB655-ASA1,20,12 2. Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (c) and that is in a navigable water that is less than 35 feet wide.

AB655-ASA1,20,14 3. Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.

AB655-ASA1,20,17 (b) The department may promulgate rules that specify bridges or culverts, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655-ASA1, s. 67 Section 67. 30.123 (8) of the statutes is created to read:

AB655-ASA1,20,23 30.123 (8) Individual permits. (a) For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6) and that is not subject to a general permit under sub. (7), a person may apply to the department for the individual permit that is required under sub. (2) in order to construct or maintain a bridge or culvert.

AB655-ASA1,20,25 (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

AB655-ASA1, s. 68 Section 68. 30.13 (1m) (intro.) of the statutes is amended to read:

AB655-ASA1,21,5 30.13 (1m) Swimming rafts allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB655-ASA1, s. 69 Section 69. 30.13 (1m) (b) of the statutes is amended to read:

AB655-ASA1,21,8 30.13 (1m) (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

AB655-ASA1, s. 70 Section 70. 30.13 (4) (a) of the statutes is amended to read:

AB655-ASA1,21,14 30.13 (4) (a) Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

AB655-ASA1, s. 71 Section 71. 30.13 (4) (b) of the statutes is amended to read:

AB655-ASA1,21,20 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors owners constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

AB655-ASA1, s. 72 Section 72. 30.135 (1) (title) of the statutes is repealed.

AB655-ASA1, s. 73 Section 73. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (1) (intro.) and amended to read:

AB655-ASA1,22,2 30.135 (1) (intro.) A riparian proprietor may place owner placing a water ski platform or water ski jump in a navigable waterway without obtaining a is exempt from the permit requirements under this chapter if all of the following requirements are met: