AB655-ASA2,45,6 230.208 Applications for individual permits and contracts; department
3determinations.
(1) Application required. A person who seeks to obtain or modify
4an individual permit under this subchapter or to enter into a contract under s. 30.20
5shall submit an application to the department. The application may contain a
6request for a public hearing on the application.
AB655-ASA2,45,14 7(3) Notice of complete application; request for public hearing; decision. (a)
8Upon determination by the department that an application submitted under sub. (1)
9is complete, the department shall provide notice of complete application to interested
10and potentially interested members of the public, as determined by the department.
11The department shall provide the notice within 15 days after the determination that
12the application is complete. If the applicant has requested a public hearing as part
13of the submitted application, a notice of public hearing shall be part of the notice of
14complete application.
AB655-ASA2,45,1815 (b) If the notice of complete application does not contain a notice of public
16hearing, any person may request a public hearing in writing or the department may
17decide to hold a public hearing without a request being submitted if the department
18determines that there is a significant public interest in holding a hearing.
AB655-ASA2,45,2319 (c) A request for a public hearing under par. (b) must be submitted to the
20department or the department's decision to hold a public hearing must occur within
2130 days after the department completes providing the notice of complete application.
22The department shall provide notice of public hearing within 15 days after the
23request for public hearing is submitted or the department makes its determination.
AB655-ASA2,45,2524 (d) The department shall hold a public hearing within 30 days after the notice
25of hearing has been provided under par. (a) or (c).
AB655-ASA2,46,4
1(e) Within 30 days after the public hearing is held or, if no public hearing is held,
2within 30 days of the 30-day comment period under sub. (4) (a), the department shall
3render a decision, issuing, denying, or modifying the permit or approving the
4contract that is the subject of the application submitted under sub. (1).
AB655-ASA2,46,13 5(4) Public comment. (a) The department shall provide a period for public
6comment after the department has provided a notice of complete application under
7sub. (3) (a), during which time any person may submit written comments with
8respect to the application for the permit or contract. The department shall retain all
9of the written comments submitted during this period and shall consider all of the
10comments in the formulation of the final decision on the application. The period for
11public comment shall end on the 30th day following the date on which the
12department completes providing the notice of complete application, except as
13provided in par. (b).
AB655-ASA2,46,1514 (b) If a public hearing is held, the period for public comment shall end on the
1510th day following the date on which the public hearing is completed.
AB655-ASA2,46,1916 (d) The department shall promulgate rules to establish procedures for the
17conduct of public hearings held under this subsection. Notwithstanding s. 227.42,
18a public hearing held under this subsection shall be an informational hearing and
19may not be treated as, nor converted to, a contested case under s. 227.01 (3).
AB655-ASA2,46,23 20(5) Notice requirements. (a) The department shall, by rule, establish
21procedures for providing notices of complete applications and notices of public
22hearings to be provided under sub. (3), and notices of administrative hearings to be
23provided under s. 30.209 (1m). The procedures shall require all of the following:
AB655-ASA2,46,2424 1. That the notice be published as a class 1 notice under ch. 985.
AB655-ASA2,46,2525 2. That the notice be mailed to any person or group upon request.
AB655-ASA2,47,4
1(b) The department shall, by rule, prescribe the form and content of notices of
2complete applications and notices of public hearings to be provided under sub. (3),
3and notices of administrative hearings to be provided under s. 30.209 (1m). Each
4notice shall include all of the following information:
AB655-ASA2,47,55 1. The name and address of each applicant or permit holder.
AB655-ASA2,47,76 2. A brief description of each applicant's activity or project that requires the
7permit.
AB655-ASA2,47,88 3. The name of the waterway in or for which the activity or project is planned.
AB655-ASA2,47,119 4. For a notice of complete application and a notice of public hearing under sub.
10(3), a statement of the tentative determination to issue, modify, or deny a permit for
11the activity or project described in the application.
AB655-ASA2,47,1412 5. For a notice of complete application and a notice of public hearing under sub.
13(3), a brief description of the procedures for the formulation of final determinations,
14including a description of the comment period required under sub. (4).
AB655-ASA2,47,1615 (c) The department may delegate the department's requirement to provide
16notice under sub. (3) or s. 30.209 (1m) by doing any of the following:
AB655-ASA2,47,1817 1. Requiring that the applicant for the permit or contract provide by
18publication, mailing, or other distribution one or more of the notices.
AB655-ASA2,47,2019 2. That the applicant for the permit or contract pay for the publication, mailing,
20or any other distribution costs of providing one or more of the notices.
AB655-ASA2, s. 150 21Section 150. 30.209 of the statutes is created to read:
AB655-ASA2,47,25 2230.209 Contracts and individual permits; administrative and judicial
23review.
(1) In this section, "applicant" means any person applying to receive a
24permit or contract under this subchapter or any person who has received a permit
25or contract under this subchapter.
AB655-ASA2,48,3
1(1m) Request for administrative review. (a) Any interested person may file
2a petition with the department for administrative review within 30 days after any
3of the following decisions given by the department:
AB655-ASA2,48,54 1. The issuance, denial, or modification of any individual permit issued under
5or contract entered into this subchapter.
AB655-ASA2,48,76 2. The imposition of, or failure to impose, a term or condition on any individual
7permit issued or contract entered into under this subchapter.
AB655-ASA2,48,98 (b) If the petitioner is not the applicant, the petition shall describe the
9petitioner's objection to the permit or contract and shall contain all of the following:
AB655-ASA2,48,1210 1. A description of the objection that is sufficiently specific to allow the
11department to determine which provisions of this subchapter may be violated if the
12proposed activity or project under the permit or contract is allowed to proceed.
AB655-ASA2,48,1513 2. A description of the facts supporting the petition that is sufficiently specific
14to determine how the petitioner believes the activity or project, as proposed, may
15result in a violation of the provisions of this subchapter.
AB655-ASA2,48,1716 3. A commitment by the petitioner to appear at the administrative hearing and
17present information supporting the petitioner's objection.
AB655-ASA2,48,2018 (c) The activity or project shall be stayed pending an administrative hearing
19under this section, if the petition contains a request for the stay showing that a stay
20is necessary to prevent irreversible harm to the environment.
AB655-ASA2,48,2321 (d) If a stay is requested under par. (c), the stay shall be in effect until either
22the department denies the request for an administrative hearing or the hearing
23examiner determines that the stay is not necessary.
AB655-ASA2,49,324 (e) The petitioner shall file a copy of the petition with the department. If the
25petitioner is not the applicant, the petitioner shall simultaneously provide a copy of

1the petition to the applicant. The applicant may file a response to the petition with
2the department. If the applicant files a response under this paragraph, it shall be
3filed within 15 days after the petition is filed.
AB655-ASA2,49,74 (f) The department shall grant or deny the petition within 30 days after the
5petition is filed. The failure of the department to dispose of the petition within this
630-day period is a denial. The department shall deny the petition if any of the
7following applies:
AB655-ASA2,49,98 1. The petitioner is not the applicant and the petition does not comply with the
9requirements of par. (b).
AB655-ASA2,49,1410 2. The objection contained in the petition is not substantive. The department
11shall determine that an objection is substantive if the supporting facts contained in
12the objection appear to be substantially true and raise reasonable grounds to believe
13that the provisions of this subchapter may be violated if the activity or project is
14undertaken.
AB655-ASA2,49,1615 (fm) If the department denies the petition, the department shall send the
16petitioner the denial in writing, stating the reasons for the denial.
AB655-ASA2,49,2017 (g) If the department grants a petition under this subsection, the department
18shall refer the matter to the division of hearings and appeals in the department of
19administration within 15 days after granting the petition unless the petitioner and
20the applicant agree to an extension.
AB655-ASA2,49,22 21(2) Administrative hearings. (a) An administrative hearing under this
22subsection shall be treated as a contested case under ch. 227.
AB655-ASA2,50,523 (b) If a stay under sub. (1) (c) is in effect, the hearing examiner shall, within
2430 days after receipt of the referral under sub. (1) (g), determine whether
25continuation of the stay is necessary to prevent significant adverse impacts or

1irreversible harm to the environment pending completion of the hearing. The
2hearing examiner shall make the determination based on the request under sub. (1)
3(c), any response from the applicant under sub. (1) (e), and any testimony at a public
4hearing or any public comments. The determination shall be made without a
5hearing.
AB655-ASA2,50,116 (c) A hearing under this section shall be completed within 90 days after receipt
7of the referral of the petition under sub. (1) (g), unless all parties agree to an
8extension of that period. In addition, a hearing examiner may grant a one-time
9extension for the completion of the hearing of up to 60 days on the motion of any party
10and a showing of good cause demonstrating extraordinary circumstances justifying
11an extension.
AB655-ASA2,50,1312 (d) Notwithstanding s. 227.44 (1), the department shall provide a notice of the
13hearing at least 30 days before the date of the hearing to all of the following:
AB655-ASA2,50,1414 1. The applicant.
AB655-ASA2,50,1515 2. Each petitioner, if other than the applicant.
AB655-ASA2,50,1716 3. Any other persons required to receive notice under the rules promulgated
17under s. 30.208 (5).
AB655-ASA2,50,20 18(3) Judicial review. (a) Any person whose substantial interest is affected by
19a decision of the department under sub. (1m) (a) 1. or 2. may commence an action in
20circuit court to review that decision.
AB655-ASA2,50,2221 (b) Any party aggrieved by a decision of a hearing examiner under sub. (2) may
22commence an action in circuit court to review that decision.
AB655-ASA2, s. 151 23Section 151. 30.28 (3) (a) of the statutes is renumbered 30.28 (3).
AB655-ASA2, s. 152 24Section 152. 30.28 (3) (b) of the statutes is repealed.
AB655-ASA2, s. 153 25Section 153. 30.285 of the statutes is created to read:
AB655-ASA2,51,2
130.285 Records of exemptions and permitted activities. (1) On an
2annual basis, the department shall keep records of all of the following
AB655-ASA2,51,43 (a) The number of exempted activities that are conducted under ss. 30.12 (1g),
430.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.
AB655-ASA2,51,65 (b) The number of exemptions under par. (a) for which the department required
6applications for individual permits or contracts.
AB655-ASA2,51,87 (c) The number of exemptions under par. (a) for which the department required
8applications to seek authorizations to proceed under general permits.
AB655-ASA2,51,109 (d) The number of activities that are authorized under general permits for
10which the department requires applications for individual permits or contracts.
AB655-ASA2,51,12 11(2) For each record kept under sub. (1) (b) to (d), the department shall include
12all of the following:
AB655-ASA2,51,1313 (a) The type of permit or contract application required.
AB655-ASA2,51,1414 (b) The date of the application.
AB655-ASA2,51,1615 (c) The date of the department's decision whether to issue the individual
16permit, grant authorization under the general permit, or to grant the contract.
AB655-ASA2,51,1717 (d) The county in which the activity or project is located.
AB655-ASA2, s. 154 18Section 154. 30.29 (3) (d) of the statutes is amended to read:
AB655-ASA2,51,2319 30.29 (3) (d) Activities for which a permit is issued. A person or agent of a person
20who is issued a permit by the department while the person or agent is engaged in
21activities related to the purpose for which the permit is issued as authorized under
22a general or individual permit issued under this subchapter or as authorized under
23a contract entered into under this subchapter
.
AB655-ASA2, s. 155 24Section 155. 30.291 of the statutes is created to read:
AB655-ASA2,52,7
130.291 Inspections for certain exemptions and permitted activities. (1)
2For purposes of determining whether an exemption is appropriate under s. 30.12
3(2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is
4appropriate under s. 30.206 (3), or whether authorization to proceed under a general
5permit is appropriate under s. 30.206 (3r), any employee or other representative of
6the department, upon presenting his or her credentials, may enter the site and
7inspect any property on the site.
AB655-ASA2,52,9 8(3) The department shall provide reasonable advance notice, before entering
9the site and inspecting the property.
AB655-ASA2,52,14 10(4) If the owner of the site refuses to give consent for an entry and inspection
11to determine whether authorization to proceed under a general permit is appropriate
12under s. 30.206 (3r), the department shall deny authorization to proceed under the
13general permit and shall allow an application to be submitted for an individual
14permit for the activity.
AB655-ASA2, s. 156 15Section 156. 30.298 (3) of the statutes is amended to read:
AB655-ASA2,52,1916 30.298 (3) Any person who violates a general permit under s. 30.206 shall
17forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not
18less than $50 nor more than $500 upon conviction of the same offense a 2nd or
19subsequent time.
AB655-ASA2, s. 157 20Section 157. 84.18 (6) of the statutes is amended to read:
AB655-ASA2,53,1021 84.18 (6) Execution and control of work. Subject to s. 30.12 (4) 30.2022 and
22the control exercised by the United States, the construction under this section of any
23local bridge project shall be wholly under the supervision and control of the
24department. The secretary shall make and execute all contracts and have complete
25supervision over all matters pertaining to such construction and shall have the

1power to suspend or discontinue proceedings or construction relative to any bridge
2project at any time in the event any county, city, village or town fails to pay the
3amount required of it for any project eligible for construction under this section, or
4if the secretary determines that sufficient funds to pay the state's part of the cost of
5such bridge project are not available. All moneys provided by counties, cities,
6villages and towns shall be deposited in the state treasury, when required by the
7secretary, and paid out on order of the secretary. Any of the moneys deposited for a
8project eligible for construction under this section which remain in the state treasury
9after the completion of the project shall be repaid to the respective county, city, village
10or town in proportion to the amount each deposited.
AB655-ASA2, s. 158 11Section 158. 227.135 (1) (f) of the statutes is created to read:
AB655-ASA2,53,1412 227.135 (1) (f) A summary and preliminary comparison of any existing or
13proposed federal regulation that is intended to address the activities to be regulated
14by the rule.
AB655-ASA2, s. 159 15Section 159. 227.137 of the statutes is created to read:
AB655-ASA2,53,18 16227.137 Economic impact reports of proposed rules. (1) In this section,
17"agency" means the departments of agriculture, trade, and consumer protection;
18commerce; natural resources; transportation; and workforce development.
AB655-ASA2,54,8 19(2) After an agency publishes a statement of the scope of a proposed rule under
20s. 227.135, and before the agency submits the proposed rule to the legislative council
21for review under s. 227.15, a municipality, an association that represents a farm,
22labor, business, or professional group, or 5 or more persons that would be directly and
23uniquely affected by the proposed rule may submit a petition to the department of
24administration asking that the secretary of administration direct the agency to
25prepare an economic impact report for the proposed rule. The agency shall prepare

1an economic impact report before submitting the proposed rule to the legislative
2council staff under s. 227.15 if the secretary of administration directs the agency to
3prepare that report. The secretary of administration may direct the agency to
4prepare an economic impact report for the proposed rule before submitting the
5proposed rule to the legislative council staff under s. 227.15. The secretary of
6administration shall direct the agency to prepare an economic impact report for the
7proposed rule before submitting the proposed rule to the legislative council staff
8under s. 227.15 if the secretary determines that all of the following apply:
AB655-ASA2,54,129 (a) The petition was submitted to the department of administration no later
10than 90 days after the publication of the statement of the scope of the proposed rule
11under s. 227.135 (3) or no later than 10 days after publication of the notice for a public
12hearing under s. 227.17, whichever is earlier.
AB655-ASA2,54,1713 (b) The proposed rule would cost affected persons $20 million or more during
14each of the first 5 years after the rule's implementation to comply with the rule, or
15the rule would adversely affect in a material way the economy, a sector of the
16economy, productivity, competition, jobs, the environment, public health or safety, or
17state, local, or tribal governments or communities.
AB655-ASA2,54,25 18(3) An economic impact report shall contain information on the effect of the
19proposed rule on specific businesses, business sectors, and the state's economy.
20When preparing the report, the agency shall solicit information and advice from the
21department of commerce, and from governmental units, associations, businesses,
22and individuals that may be affected by the proposed rule. The agency may request
23information that is reasonably necessary for the preparation of an economic impact
24report from other state agencies, governmental units, associations, businesses, and
25individuals. The economic impact report shall include all of the following:
AB655-ASA2,55,2
1(a) An analysis and quantification of the problem, including any risks to public
2health or the environment, that the rule is intending to address.
AB655-ASA2,55,53 (b) An analysis and quantification of the economic impact of the rule, including
4costs reasonably expected to be incurred by the state, governmental units,
5associations, businesses, and affected individuals.
AB655-ASA2,55,76 (c) An analysis of benefits of the rule, including how the rule reduces the risks
7and addresses the problems that the rule is intended to address.
AB655-ASA2,55,9 8(4) The agency shall submit the economic impact report to the legislative
9council staff, to the department of administration, and to the petitioner.
AB655-ASA2,55,11 10(5) This section does not apply to emergency rules promulgated under s.
11227.24.
AB655-ASA2, s. 160 12Section 160. 227.138 of the statutes is created to read:
AB655-ASA2,55,14 13227.138 Department of administration review of proposed rules. (1)
14In this section:
AB655-ASA2,55,1515 (a) "Agency" has the meaning given in s. 227.137 (1).
AB655-ASA2,55,1616 (b) "Department" means the department of administration.
AB655-ASA2,55,1717 (c) "Economic impact report" means a report prepared under s. 227.137.
AB655-ASA2,55,23 18(2) If an economic impact report will be prepared under s. 227.137 (2) regarding
19a proposed rule, the department shall review the proposed rule and issue a report.
20The agency shall not submit a proposed rule to the legislative council staff for review
21under s. 227.15 (1) until the agency receives a copy of the department's report and
22the approval of the secretary of administration. The report shall include all of the
23following findings:
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