Amendment ASA1-AB421

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 An Act to repeal 30.12 (1k) (b) 1., 30.12 (1k) (b) 2., 30.12 (1k) (b) 3., 30.12 (1k) (c), 30.12 (1k) (d), 30.12 (3) (br), 30.12 (3m) (ar), 30.123 (6) (a), 30.123 (7) (b), 30.1235, 30.19 (3r) (b), 30.20 (1t) (b), 30.206 (1g), 30.206 (1m) and 30.2065 (3) to (9); to renumber 30.123 (7) (a), 30.19 (3r) (a) and 289.31 (4); to renumber and amend 30.12 (1g) (f), 30.12 (1k) (b) (intro.), 30.12 (3) (a) 6. and 30.208 (2); to amend 30.01 (1am) (c), 30.025 (2), 30.10 (4) (a), 30.12 (1j) (c), 30.12 (1k) (cm) (intro.), 30.12 (1k) (cm) 1., 30.12 (1k) (cm) 2., 30.12 (1k) (e) 2., 30.121 (3), 30.121 (3g), 30.121 (3r), 30.18 (4) (a), 30.206 (1) (a), 30.206 (3) (a), 30.206 (5), 30.206 (6), 30.2065 (2) (a), 30.2065 (2) (b), 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c), 30.208 (3) (e), 30.208 (4) (a), 30.208 (5) (a) (intro.), 30.208 (5) (b) (intro.), 30.208 (5) (b) 4., 30.208 (5) (b) 5., 30.208 (5) (c) (intro.), 30.208 (5) (c) 2., 30.209 (2) (a), 30.209 (2) (b), 30.209 (2) (c), 30.209 (2) (d) (intro.), 30.2095 (1) (b), 84.01 (23), 227.01 (13) (rt), 281.346 (9) (b) 1. (intro.), 281.346 (9) (d) 3., 283.39 (1) (intro.), 283.49 (1) (a), 283.49 (2) (a), 283.53 (1), 283.53 (2) (a) (intro.), 283.53 (2) (b), 283.53 (2) (c), 283.53 (2) (d), 283.53 (2) (e), 283.63 (1) (intro.), 283.63 (1) (a), 283.63 (1) (b), 285.61 (5) (title), 285.61 (5) (c), 285.62 (3) (c), 285.76 (2) (a), 285.76 (3), 289.25 (3), 289.41 (1m) (g) 1., 291.87 (3), 291.87 (6) (a) and 292.31 (3) (f); to repeal and recreate 299.05; and to create 30.102, 30.106, 30.12 (1h), 30.12 (3) (a) 6. c., 30.12 (3) (a) 14., 30.12 (3) (d), 30.121 (1), 30.121 (3c), 30.123 (7) (d), 30.19 (1m) (f), 30.19 (1m) (g), 30.206 (1) (am) and (ar), 30.206 (1) (b), 30.206 (1r), 30.206 (2b), 30.206 (2m), 30.208 (2) (d), 30.208 (3) (f), 30.208 (5) (a) 3., 30.208 (5) (b) 3m., 30.208 (5) (b) 3r., 30.208 (5) (bm), 30.209 (2) (e), 30.28 (2v), 31.12 (5), 281.346 (9) (b) 1. c., 281.346 (9) (b) 1. d., 281.346 (9) (b) 2. d., 281.346 (9) (bm), 281.41 (5), 283.39 (1) (c), 283.39 (1) (d), 283.39 (1m), 283.39 (3) (bg), 285.62 (3) (a) 1g., 285.62 (3) (a) 1m., 285.63 (11), 285.76 (2) (am), 285.76 (2) (ar), 285.76 (2m), 289.31 (4) (am) 4., 289.31 (4) (am) 5., 289.31 (4) (bm), 289.31 (4) (cm), 291.87 (6m) and 299.17 of the statutes; relating to: the issuance of, and exemptions from, certain individual permits, contracts, and general permits for structures, deposits, and other activities in or near navigable waters; areas of significant scientific value that are areas of special natural resource interest; repair and maintenance of boathouses and fixed houseboats; certain notices required to be provided by the Department of Natural Resources; expedited procedures for certain plan approvals; deadlines for action on certain approval applications; 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 Section 1. 30.01 (1am) (c) of the statutes is amended to read:

AB421-ASA1,3,2 30.01 (1am) (c) An area that possesses significant scientific value, as identified by the department under s. 30.106.

AB421-ASA1, s. 2 Section 2. 30.025 (2) of the statutes is amended to read:

AB421-ASA1,3,22 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985 and as a notice on the department's Internet Web site. The department may give such further notice as it deems proper, and shall give notice to interested persons requesting same. The department's notice to interested persons may be given through an electronic notification system established by the department. Notice of a hearing under this subsection published as a class 1 notice, as a notice on the department's Internet Web site, and through the electronic notification system established by the department shall include the time, date, and location of the hearing, the name and address of the applicant, a summary of the subject matter of the application, and information indicating where a copy of the application may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.

AB421-ASA1, s. 3 Section 3. 30.10 (4) (a) of the statutes is amended to read:

AB421-ASA1,4,3 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB421-ASA1, s. 4 Section 4. 30.102 of the statutes is created to read:

AB421-ASA1,4,11 30.102 Web site information. (1) Navigability determination and ordinary high-water mark identification. If the department makes a determination that a waterway is navigable or is not navigable or identifies the ordinary high-water mark of a navigable waterway, the department shall publish that information on the department's Internet Web site. Any person may rely on the information posted under this section as being accurate. This section does not restrict the ability of a person to challenge the accuracy of the information posted under this section.

AB421-ASA1,4,16 (2) Application status. To the greatest extent possible, the department shall publish on the department's Internet Web site the current status of any application filed with the department for a permit, license, or other approval under this chapter. The information shall include notice of any hearing scheduled by the department with regard to the application.

AB421-ASA1, s. 5 Section 5. 30.106 of the statutes is created to read:

AB421-ASA1,4,19 30.106 Areas of significant scientific value. In identifying areas that possess significant scientific value, the department may include only the following:

AB421-ASA1,4,21 (1) Specific portions of waters that contain critical habitat for endangered or threatened species.

AB421-ASA1,4,24 (2) Specific portions of waters that are immediately adjacent to an area that contains critical habitat for endangered or threatened species and that directly affect that habitat.

AB421-ASA1,5,2 (3) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.

AB421-ASA1,5,5 (4) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in the most recent assessment conducted by the department.

AB421-ASA1,5,7 (5) Rivers that are included in the national wild and scenic rivers system under s. 30.27 and rivers that are designated as wild rivers under s. 30.26.

AB421-ASA1, s. 6 Section 6. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) and amended to read:

AB421-ASA1,5,11 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following apply:

AB421-ASA1,5,12 a. It is no more than 6 feet wide, that extends.

AB421-ASA1,5,16 b. It extends no further than to a point where the water is 3 feet at its maximum depth as measured at summer low levels, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from the shoreline, and that has.

AB421-ASA1,5,19 c. It has no more than 2 boat slips for the first 50 feet of the riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline footage.

AB421-ASA1,5,24 2. Notwithstanding the width limitation in this paragraph subd. 1., a pier may have an area as a loading platform that is more than 6 feet wide if the surface area of the platform is not more than 8 feet wide, it extends perpendicular to one or both sides of the pier, and it is located at the lakeward end of the pier or at the end of the pier that extends into a stream does not exceed 200 square feet.

AB421-ASA1, s. 7 Section 7. 30.12 (1h) of the statutes is created to read:

AB421-ASA1,6,6 30.12 (1h) Personal watercraft secured to piers allowed. A riparian owner may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the riparian owner's shoreline footage and one additional personal watercraft for each additional 50 feet of the riparian owner's shoreline footage without affecting the riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).

AB421-ASA1, s. 8 Section 8. 30.12 (1j) (c) of the statutes is amended to read:

AB421-ASA1,6,17 30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a) are eligible and propose to place a pier or wharf with the number of boat slips specified in par. (a), the riparian owner or owners shall apply to the department for an individual permit under s. 30.208 authorizing the configuration of the pier or wharf unless the configuration is authorized by the department under a general permit under s. 30.206 (1g). The department may not deny the permit on the basis of the number of slips proposed by the riparian owner or owners if the number of slips proposed does not exceed the number allowed under par. (a). A riparian owner or owners who apply for a permit under this paragraph shall be presumed to be entitled to the number of slips allowed under par. (a).

AB421-ASA1, s. 9 Section 9. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) and amended to read:

AB421-ASA1,6,24 30.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner of a pier or wharf that was placed on the bed of a navigable water on or before February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt from the permit requirements under this section if all of the following apply: the pier or wharf does not interfere with the riparian rights of other riparian owners.

AB421-ASA1, s. 10 Section 10. 30.12 (1k) (b) 1. of the statutes is repealed.

AB421-ASA1, s. 11 Section 11. 30.12 (1k) (b) 2. of the statutes is repealed.

AB421-ASA1, s. 12 Section 12. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 25, is repealed.

AB421-ASA1, s. 13 Section 13. 30.12 (1k) (c) of the statutes is repealed.

AB421-ASA1, s. 14 Section 14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:

AB421-ASA1,7,8 30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:

AB421-ASA1, s. 15 Section 15. 30.12 (1k) (cm) 1. of the statutes is amended to read:

AB421-ASA1,7,12 30.12 (1k) (cm) 1. A structure for which the department has issued a permit under this section on or before February 6, 2004, if the structure is in compliance with that permit.

AB421-ASA1, s. 16 Section 16. 30.12 (1k) (cm) 2. of the statutes is amended to read:

AB421-ASA1,7,16 30.12 (1k) (cm) 2. A structure for which the department has issued a written authorization on or before February 6, 2004, if the structure is in compliance with that written authorization.

AB421-ASA1, s. 17 Section 17. 30.12 (1k) (d) of the statutes is repealed.

AB421-ASA1, s. 18 Section 18. 30.12 (1k) (e) 2. of the statutes is amended to read:

AB421-ASA1,7,24 30.12 (1k) (e) 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.

AB421-ASA1, s. 19 Section 19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:

AB421-ASA1,8,6 30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if the any of the following apply:

AB421-ASA1,8,8 a. The property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there.

AB421-ASA1,8,9 b. There is a boathouse over navigable waters adjacent to the owner's property.

AB421-ASA1, s. 20 Section 20. 30.12 (3) (a) 6. c. of the statutes is created to read:

AB421-ASA1,8,12 30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward end of the owner's pier or the waterward side of the owner's wharf.

AB421-ASA1, s. 21 Section 21. 30.12 (3) (a) 14. of the statutes is created to read:

AB421-ASA1,8,18 30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is in, or that would directly affect, an area of special natural resource interest and that is adjacent to the owner's property if the pier or wharf does not interfere with the riparian rights of other riparian owners and it meets the requirements of sub. (1g) (f).

AB421-ASA1, s. 22 Section 22. 30.12 (3) (br) of the statutes is repealed.

AB421-ASA1, s. 23 Section 23. 30.12 (3) (d) of the statutes is created to read:

AB421-ASA1,8,24 30.12 (3) (d) The department may impose conditions relating to the location, design, construction, and installation of a pier or wharf placed under the authority of a general permit issued under par. (a) 14., but may not prohibit a riparian owner from placing a pier or wharf that meets the requirement of the general permit.

AB421-ASA1, s. 24 Section 24. 30.12 (3m) (ar) of the statutes is repealed.

AB421-ASA1, s. 25 Section 25. 30.121 (1) of the statutes is created to read:

AB421-ASA1,9,4 30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors.

AB421-ASA1, s. 26 Section 26. 30.121 (3) of the statutes is amended to read:

AB421-ASA1,9,14 30.121 (3) Maintenance and repair. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and or maintain the boathouse or fixed houseboat if the cost of the repair or maintenance to repair or maintain the boathouse or fixed houseboat does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs repair or maintain the boathouse or the fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.

AB421-ASA1, s. 27 Section 27. 30.121 (3c) of the statutes is created to read: