LRBs0265/1
RNK&MGG:cjs:rs
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 421
December 7, 2011 - Offered by Representative Mursau.
AB421-ASA1,2,21
1An Act to repeal 30.12 (1k) (b) 1., 30.12 (1k) (b) 2., 30.12 (1k) (b) 3., 30.12 (1k)
2(c), 30.12 (1k) (d), 30.12 (3) (br), 30.12 (3m) (ar), 30.123 (6) (a), 30.123 (7) (b),
330.1235, 30.19 (3r) (b), 30.20 (1t) (b), 30.206 (1g), 30.206 (1m) and 30.2065 (3)
4to (9);
to renumber 30.123 (7) (a), 30.19 (3r) (a) and 289.31 (4);
to renumber
5and amend 30.12 (1g) (f), 30.12 (1k) (b) (intro.), 30.12 (3) (a) 6. and 30.208 (2);
6to amend 30.01 (1am) (c), 30.025 (2), 30.10 (4) (a), 30.12 (1j) (c), 30.12 (1k) (cm)
7(intro.), 30.12 (1k) (cm) 1., 30.12 (1k) (cm) 2., 30.12 (1k) (e) 2., 30.121 (3), 30.121
8(3g), 30.121 (3r), 30.18 (4) (a), 30.206 (1) (a), 30.206 (3) (a), 30.206 (5), 30.206
9(6), 30.2065 (2) (a), 30.2065 (2) (b), 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c),
1030.208 (3) (e), 30.208 (4) (a), 30.208 (5) (a) (intro.), 30.208 (5) (b) (intro.), 30.208
11(5) (b) 4., 30.208 (5) (b) 5., 30.208 (5) (c) (intro.), 30.208 (5) (c) 2., 30.209 (2) (a),
1230.209 (2) (b), 30.209 (2) (c), 30.209 (2) (d) (intro.), 30.2095 (1) (b), 84.01 (23),
13227.01 (13) (rt), 281.346 (9) (b) 1. (intro.), 281.346 (9) (d) 3., 283.39 (1) (intro.),
1283.49 (1) (a), 283.49 (2) (a), 283.53 (1), 283.53 (2) (a) (intro.), 283.53 (2) (b),
2283.53 (2) (c), 283.53 (2) (d), 283.53 (2) (e), 283.63 (1) (intro.), 283.63 (1) (a),
3283.63 (1) (b), 285.61 (5) (title), 285.61 (5) (c), 285.62 (3) (c), 285.76 (2) (a), 285.76
4(3), 289.25 (3), 289.41 (1m) (g) 1., 291.87 (3), 291.87 (6) (a) and 292.31 (3) (f);
to
5repeal and recreate 299.05; and
to create 30.102, 30.106, 30.12 (1h), 30.12
6(3) (a) 6. c., 30.12 (3) (a) 14., 30.12 (3) (d), 30.121 (1), 30.121 (3c), 30.123 (7) (d),
730.19 (1m) (f), 30.19 (1m) (g), 30.206 (1) (am) and (ar), 30.206 (1) (b), 30.206 (1r),
830.206 (2b), 30.206 (2m), 30.208 (2) (d), 30.208 (3) (f), 30.208 (5) (a) 3., 30.208
9(5) (b) 3m., 30.208 (5) (b) 3r., 30.208 (5) (bm), 30.209 (2) (e), 30.28 (2v), 31.12 (5),
10281.346 (9) (b) 1. c., 281.346 (9) (b) 1. d., 281.346 (9) (b) 2. d., 281.346 (9) (bm),
11281.41 (5), 283.39 (1) (c), 283.39 (1) (d), 283.39 (1m), 283.39 (3) (bg), 285.62 (3)
12(a) 1g., 285.62 (3) (a) 1m., 285.63 (11), 285.76 (2) (am), 285.76 (2) (ar), 285.76
13(2m), 289.31 (4) (am) 4., 289.31 (4) (am) 5., 289.31 (4) (bm), 289.31 (4) (cm),
14291.87 (6m) and 299.17 of the statutes;
relating to: the issuance of, and
15exemptions from, certain individual permits, contracts, and general permits for
16structures, deposits, and other activities in or near navigable waters; areas of
17significant scientific value that are areas of special natural resource interest;
18repair and maintenance of boathouses and fixed houseboats; certain notices
19required to be provided by the Department of Natural Resources; expedited
20procedures for certain plan approvals; deadlines for action on certain approval
21applications; and general permitting for certain wetland restoration activities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB421-ASA1, s. 1
22Section
1. 30.01 (1am) (c) of the statutes is amended to read:
AB421-ASA1,3,2
130.01
(1am) (c) An area that possesses significant scientific value, as identified
2by the department
under s. 30.106.
AB421-ASA1,3,224
30.025
(2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
5the department may schedule the matter for a public hearing. Notice of the hearing
6shall be given to the applicant and shall be published as a class 1 notice under ch.
7985
and as a notice on the department's Internet Web site. The department may give
8such further notice as it deems proper, and shall give notice to
interested persons
9requesting same
. The department's notice to interested persons may be given
10through an electronic notification system established by the department. Notice of
11a hearing under this subsection published as a class 1 notice, as a notice on the
12department's Internet Web site, and through the electronic notification system
13established by the department shall include the time, date, and location of the
14hearing, the name and address of the applicant, a summary of the subject matter of
15the application, and information indicating where a copy of the application may be
16viewed on the department's Internet Web site. The summary shall contain a brief,
17precise, easily understandable, plain language description of the subject matter of
18the application. One copy of the application shall be available for public inspection
19at the office of the department, at least one copy in the regional office of the
20department, and at least one copy at the main public library, of the area affected.
21Notwithstanding s. 227.42, the hearing shall be an informational hearing and may
22not be treated as a contested case hearing nor converted to a contested case hearing.
AB421-ASA1,4,3
130.10
(4) (a) This section does not impair the powers granted by law
under s.
230.1235 or by other law to municipalities to construct highway bridges, arches, or
3culverts over streams.
AB421-ASA1,4,11
530.102 Web site information. (1) Navigability determination and ordinary
6high-water mark identification. If the department makes a determination that a
7waterway is navigable or is not navigable or identifies the ordinary high-water mark
8of a navigable waterway, the department shall publish that information on the
9department's Internet Web site. Any person may rely on the information posted
10under this section as being accurate. This section does not restrict the ability of a
11person to challenge the accuracy of the information posted under this section.
AB421-ASA1,4,16
12(2) Application status. To the greatest extent possible, the department shall
13publish on the department's Internet Web site the current status of any application
14filed with the department for a permit, license, or other approval under this chapter.
15The information shall include notice of any hearing scheduled by the department
16with regard to the application.
AB421-ASA1,4,19
1830.106 Areas of significant scientific value. In identifying areas that
19possess significant scientific value, the department may include only the following:
AB421-ASA1,4,21
20(1) Specific portions of waters that contain critical habitat for endangered or
21threatened species.
AB421-ASA1,4,24
22(2) Specific portions of waters that are immediately adjacent to an area that
23contains critical habitat for endangered or threatened species and that directly affect
24that habitat.
AB421-ASA1,5,2
1(3) Wild rice waters as identified in a written agreement between the
2department and the Great Lakes Indian Fish and Wildlife Commission.
AB421-ASA1,5,5
3(4) Waters in ecologically significant coastal wetlands along Lakes Michigan
4and Superior as identified in the most recent assessment conducted by the
5department.
AB421-ASA1,5,7
6(5) Rivers that are included in the national wild and scenic rivers system under
7s. 30.27 and rivers that are designated as wild rivers under s. 30.26.
AB421-ASA1, s. 6
8Section
6. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.)
9and amended to read:
AB421-ASA1,5,1110
30.12
(1g) (f) 1. (intro.) A pier or wharf
that is no to which all of the following
11apply:
AB421-ASA1,5,12
12a. It is no more than 6 feet wide
, that extends.
AB421-ASA1,5,16
13b. It extends no further than to a point where the water is 3 feet at its maximum
14depth
as measured at summer low levels, or to the point where there is adequate
15depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from
16the shoreline
, and that has.
AB421-ASA1,5,19
17c. It has no more than 2 boat slips for the first 50 feet of
the riparian owner's
18shoreline footage and no more than one additional boat slip for each additional 50
19feet of the riparian owner's shoreline
footage.
AB421-ASA1,5,24
202. Notwithstanding the width limitation in
this paragraph subd. 1., a pier may
21have an area as a loading platform that is more than 6 feet wide if the
surface area
22of the platform
is not more than 8 feet wide, it extends perpendicular to one or both
23sides of the pier, and it is located at the lakeward end of the pier or at the end of the
24pier that extends into a stream does not exceed 200 square feet.
AB421-ASA1,6,6
130.12
(1h) Personal watercraft secured to piers allowed. A riparian owner
2may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the
3riparian owner's shoreline footage and one additional personal watercraft for each
4additional 50 feet of the riparian owner's shoreline footage without affecting the
5riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of
6this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
AB421-ASA1,6,178
30.12
(1j) (c) If the riparian owner or owners of a property described in par. (a)
9are eligible and propose to place a pier or wharf with the number of boat slips
10specified in par. (a), the riparian owner or owners shall apply to the department for
11an individual permit under s. 30.208 authorizing the configuration of the pier or
12wharf unless the configuration is authorized by the department under a general
13permit under s. 30.206
(1g). The department may not deny the permit on the basis
14of the number of slips proposed by the riparian owner or owners if the number of slips
15proposed does not exceed the number allowed under par. (a). A riparian owner or
16owners who apply for a permit under this paragraph shall be presumed to be entitled
17to the number of slips allowed under par. (a).
AB421-ASA1, s. 9
18Section
9. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b)
19and amended to read:
AB421-ASA1,6,2420
30.12
(1k) (b) In addition to the exemptions under sub. (1g), a riparian owner
21of a pier or wharf that was placed on the bed of a navigable water
on or before
22February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt
23from the permit requirements under this section if
all of the following apply: the pier
24or wharf does not interfere with the riparian rights of other riparian owners.
AB421-ASA1, s. 14
5Section
14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
AB421-ASA1,7,86
30.12
(1k) (cm) (intro.)
Except as provided in par. (d), the The department may
7not take any enforcement action under this chapter against a riparian owner for the
8placement of any of the following:
AB421-ASA1, s. 15
9Section
15. 30.12 (1k) (cm) 1. of the statutes is amended to read:
AB421-ASA1,7,1210
30.12
(1k) (cm) 1. A structure for which the department has issued a permit
11under this section
on or before February 6, 2004, if the structure is in compliance with
12that permit.
AB421-ASA1, s. 16
13Section
16. 30.12 (1k) (cm) 2. of the statutes is amended to read:
AB421-ASA1,7,1614
30.12
(1k) (cm) 2. A structure for which the department has issued a written
15authorization
on or before February 6, 2004, if the structure is in compliance with
16that written authorization.
AB421-ASA1, s. 18
18Section
18. 30.12 (1k) (e) 2. of the statutes is amended to read:
AB421-ASA1,7,2419
30.12
(1k) (e) 2. If the exempt structure is a pier or wharf, relocate or
20reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf
,
21the riparian owner registered the pier or wharf with the department under par. (b)
223. and, before relocating or reconfiguring the pier or wharf, the riparian owner
23registers the reconfigured or relocated pier or wharf with the department under this
24subdivision.
AB421-ASA1, s. 19
1Section
19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
2and amended to read:
AB421-ASA1,8,63
30.12
(3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's
4property for the purpose of storing or protecting watercraft and associated materials,
5except that no general or individual permit may be issued for a permanent boat
6shelter that is constructed after May 3, 1988, if
the
any of the following apply:
AB421-ASA1,8,8
7a. The property on which the permanent boat shelter is to be located also
8contains a boathouse within 75 feet of the ordinary high-water mark
or if there.
AB421-ASA1,8,9
9b. There is a boathouse over navigable waters adjacent to the owner's property.
AB421-ASA1, s. 20
10Section
20. 30.12 (3) (a) 6. c. of the statutes is created to read:
AB421-ASA1,8,1211
30.12
(3) (a) 6. c. The permanent boat shelter extends beyond the waterward
12end of the owner's pier or the waterward side of the owner's wharf.
AB421-ASA1, s. 21
13Section
21. 30.12 (3) (a) 14. of the statutes is created to read:
AB421-ASA1,8,1814
30.12
(3) (a) 14. Place a pier or wharf on the bed of a navigable water that is
15in, or that would directly affect, an area of special natural resource interest and that
16is adjacent to the owner's property if the pier or wharf does not interfere with the
17riparian rights of other riparian owners and it meets the requirements of sub. (1g)
18(f).
AB421-ASA1,8,2421
30.12
(3) (d) The department may impose conditions relating to the location,
22design, construction, and installation of a pier or wharf placed under the authority
23of a general permit issued under par. (a) 14., but may not prohibit a riparian owner
24from placing a pier or wharf that meets the requirement of the general permit.
AB421-ASA1,9,42
30.121
(1) Definition. In this section, the terms "maintain" and "repair"
3include replacing structural elements, including roofs, doors, walls, windows,
4beams, porches, and floors.
AB421-ASA1,9,146
30.121
(3) Maintenance and repair. The riparian owner of any boathouse or
7fixed houseboat extending beyond the ordinary high-water mark of any navigable
8waterway may repair
and or maintain the boathouse or fixed houseboat if the cost
9of the repair or maintenance to repair or maintain the boathouse or fixed houseboat 10does not exceed 50% of the equalized assessed value of the boathouse or fixed
11houseboat. If the boathouse or fixed houseboat is not subject to assessment, the
12owner may
make repairs repair or maintain the boathouse or the fixed houseboat if
13the cost of the repair or maintenance does not exceed 50% of the current fair market
14value of the boathouse or fixed houseboat.