Amendment SSA1-AB850

AB850-SSA1,6,12 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner registered the pier or wharf with the department under par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision. The department may not object to a minor relocation or reconfiguration. If the department objects to the relocation or reconfiguration of the pier or wharf, and the riparian owner retains the pier or wharf in its original location and configuration, the pier or wharf continues to qualify for the exemptions under pars. (b) and (cm).

AB850-SSA1,6,14 (f) A decision of the department against the owner of a structure for which an exemption is claimed under this subsection is subject to a trial de novo.

AB850-SSA1, s. 6 Section 6. 30.12 (1p) (a) (intro.) of the statutes is amended to read:

AB850-SSA1,6,18 30.12 (1p) (a) (intro.) The department may promulgate rules concerning the exempt activities under sub. (1g) and concerning piers and wharves under sub. (1j) that only do any of the following:

AB850-SSA1, s. 7 Section 7. 30.12 (1p) (a) 2. of the statutes is amended to read:

AB850-SSA1,6,22 30.12 (1p) (a) 2. Establish reasonable construction and design requirements for the placement of structures under sub. (1g) (c), (d), (f), (g), (h), and (km) that are consistent with the purpose of the activity and for piers and wharves under sub. (1j).

AB850-SSA1, s. 8 Section 8. 30.12 (3m) (a) of the statutes is amended to read:

AB850-SSA1,7,4 30.12 (3m) (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), and for a structure or deposit for which the department requires an individual permit under sub. (2m) or s. 30.206 (3r), 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.

AB850-SSA1, s. 9 Section 9. 30.12 (3m) (am) of the statutes is created to read:

AB850-SSA1,7,12 30.12 (3m) (am) 1. Except as provided under subd. 2., the department may not refuse to allow a riparian owner to apply for an individual permit for the placement of a pier or wharf, including a solid pier, that exceeds the number of boat slips authorized under sub. (1g) (f) or (1j). The department shall evaluate permit applications under this paragraph on an individual basis and shall grant such applications if the department finds that the pier or wharf meets the requirements under par. (c) 1. to 3.

AB850-SSA1,7,17 2. The department may deny an individual permit to the riparian owner or owners of a property that is adjacent to a lake of 50 acres or more and on which there are 3 or more dwelling units if the riparian owner or owners apply for an individual permit for the placement of a pier or wharf with a number of boat slips that exceeds the number of boat slips specified in sub. (1j) (a) 2.

AB850-SSA1, s. 10 Section 10. 30.12 (3m) (ar) of the statutes is created to read:

AB850-SSA1,7,24 30.12 (3m) (ar) The department may not issue an individual permit under this subsection to a riparian owner for a pier or wharf that was placed on the bed of a navigable water on or before February 6, 2004, unless all of the conditions under s. 30.13 (1) (a) to (e) are met. The department may not charge a riparian owner described under this paragraph a fee for an individual permit issued under this subsection.

AB850-SSA1, s. 11 Section 11. 30.12 (3m) (cm) of the statutes is created to read:

AB850-SSA1,8,5 30.12 (3m) (cm) In determining whether to issue an individual permit to the owner of a proposed pier or wharf, the department may not deny the permit unless the department considers all reasonable alternatives offered by the department and the owner of the pier or wharf relating to the location, design, construction, and installation of the pier or wharf.

AB850-SSA1, s. 12 Section 12. 30.12 (3m) (d) of the statutes is created to read:

AB850-SSA1,8,8 30.12 (3m) (d) 1. In this paragraph, "solid pier" means a pier that does not allow for the free flow of water beneath the pier.

AB850-SSA1,8,14 2. The department may promulgate rules that limit the issuance of individual permits for solid piers to outlying waters, harbors connected to outlying waters, the Fox River from the dam at De Pere to Lake Winnebago, Lake Winnebago, and the Mississippi River. The rules may establish reasonable conditions to implement the criteria under par. (c) 1. to 3. The rules may not prohibit the issuance of individual permits for solid piers used for private or commercial purposes.

AB850-SSA1, s. 13 Section 13. 30.13 (1) (intro.) of the statutes is amended to read:

AB850-SSA1,8,21 30.13 (1) Construction allowed without permit under certain circumstances. (intro.) A riparian proprietor may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if the wharf or pier is exempt from obtaining a permit under s. 30.12 or if all of the following conditions are met:

AB850-SSA1, s. 14 Section 14. 30.206 (1g) of the statutes is created to read:

AB850-SSA1,8,25 30.206 (1g) General permit for certain piers and wharves. The department may issue a general permit under this section for the configuration of a pier or wharf under s. 30.12 (1j).

AB850-SSA1, s. 15 Section 15. 30.285 (1) (a) of the statutes is amended to read:

AB850-SSA1,9,4 30.285 (1) (a) The number of exempted activities that are conducted under ss. 30.12 (1g) and (1k), 30.123 (6), 30.19 (1m), and 30.20 (1g) of which the department is aware.

AB850-SSA1, s. 16 Section 16. 30.285 (1) (e) of the statutes is created to read:

AB850-SSA1,9,8 30.285 (1) (e) The number of piers and wharves for which the department issued a permit authorizing the configuration of the pier or wharf under s. 30.12 (1j) (c).

AB850-SSA1, s. 17 Section 17. 30.285 (2) (intro.) of the statutes is amended to read:

AB850-SSA1,9,11 30.285 (2) (intro.) For each record kept under sub. (1) (b) to (d) (e), the department shall include all of the following:

AB850-SSA1, s. 18 Section 18. 30.291 (1) of the statutes is amended to read:

AB850-SSA1,9,18 30.291 (1) For purposes of determining whether an exemption is appropriate under s. 30.12 (1k), (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is appropriate under s. 30.206 (3), or whether authorization to proceed under a general permit is appropriate under s. 30.206 (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.

AB850-SSA1, s. 19 Section 19. Appropriation changes.

AB850-SSA1,9,25 (1) Water resources management - lake, river, and invasive species management. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (4) (aq) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $130,000 for fiscal year 2006-07 to increase funding for administration of activities related to permitting and exemption determinations for piers, wharves, and related structures under sections 30.12 (1g), (1j), (1k), and (3m), 30.13, and 30.206 (1g) of the statutes, as affected by this act.

AB850-SSA1,10,3 (End)