Amendment SSA1-SB326

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB326-SSA1, s. 1 Section 1. 30.01 (1am) (c) of the statutes is amended to read:

SB326-SSA1,3,2 30.01 (1am) (c) An area that possesses significant scientific value, as identified by the department under s. 30.106.

SB326-SSA1, s. 2 Section 2. 30.025 (2) of the statutes is amended to read:

SB326-SSA1,3,22 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.

SB326-SSA1, s. 3 Section 3. 30.10 (4) (a) of the statutes is amended to read:

SB326-SSA1,4,3 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.

SB326-SSA1, s. 4 Section 4. 30.102 of the statutes is created to read:

SB326-SSA1,4,11 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.

SB326-SSA1,4,16 (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.

SB326-SSA1, s. 5 Section 5. 30.106 of the statutes is created to read:

SB326-SSA1,4,19 30.106 Areas of significant scientific value. In identifying areas that possess significant scientific value, the department may include only the following:

SB326-SSA1,4,21 (1) Specific portions of waters that contain critical habitat for endangered or threatened species.

SB326-SSA1,4,24 (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.

SB326-SSA1,5,2 (3) Wild rice waters as identified in a written agreement between the department and the Great Lakes Indian Fish and Wildlife Commission.

SB326-SSA1,5,5 (4) Waters in ecologically significant coastal wetlands along Lakes Michigan and Superior as identified in the most recent assessment conducted by the department.

SB326-SSA1,5,7 (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.

SB326-SSA1, s. 6 Section 6. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) and amended to read:

SB326-SSA1,5,11 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following apply:

SB326-SSA1,5,12 a. It is no more than 6 feet wide, that extends.

SB326-SSA1,5,16 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.

SB326-SSA1,5,19 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.

SB326-SSA1,5,24 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.

SB326-SSA1, s. 7 Section 7. 30.12 (1h) of the statutes is created to read:

SB326-SSA1,6,6 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).

SB326-SSA1, s. 8 Section 8. 30.12 (1j) (c) of the statutes is amended to read:

SB326-SSA1,6,17 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).

SB326-SSA1, s. 9 Section 9. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) and amended to read:

SB326-SSA1,6,24 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.

SB326-SSA1, s. 10 Section 10. 30.12 (1k) (b) 1. of the statutes is repealed.

SB326-SSA1, s. 11 Section 11. 30.12 (1k) (b) 2. of the statutes is repealed.

SB326-SSA1, s. 12 Section 12. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 25, is repealed.

SB326-SSA1, s. 13 Section 13. 30.12 (1k) (c) of the statutes is repealed.

SB326-SSA1, s. 14 Section 14. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:

SB326-SSA1,7,8 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:

SB326-SSA1, s. 15 Section 15. 30.12 (1k) (cm) 1. of the statutes is amended to read:

SB326-SSA1,7,12 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.

SB326-SSA1, s. 16 Section 16. 30.12 (1k) (cm) 2. of the statutes is amended to read:

SB326-SSA1,7,16 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.

SB326-SSA1, s. 17 Section 17. 30.12 (1k) (d) of the statutes is repealed.

SB326-SSA1, s. 18 Section 18. 30.12 (1k) (e) 2. of the statutes is amended to read:

SB326-SSA1,7,24 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.

SB326-SSA1, s. 19 Section 19. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:

SB326-SSA1,8,6 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:

SB326-SSA1,8,8 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.

SB326-SSA1,8,9 b. There is a boathouse over navigable waters adjacent to the owner's property.

SB326-SSA1, s. 20 Section 20. 30.12 (3) (a) 6. c. of the statutes is created to read:

SB326-SSA1,8,12 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.

SB326-SSA1, s. 21 Section 21. 30.12 (3) (a) 14. of the statutes is created to read:

SB326-SSA1,8,18 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).

SB326-SSA1, s. 22 Section 22. 30.12 (3) (br) of the statutes is repealed.

SB326-SSA1, s. 23 Section 23. 30.12 (3) (d) of the statutes is created to read:

SB326-SSA1,8,24 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.

SB326-SSA1, s. 24 Section 24. 30.12 (3m) (ar) of the statutes is repealed.

SB326-SSA1, s. 25 Section 25. 30.121 (1) of the statutes is created to read:

SB326-SSA1,9,4 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.

SB326-SSA1, s. 26 Section 26. 30.121 (3) of the statutes is amended to read:

SB326-SSA1,9,14 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.

SB326-SSA1, s. 27 Section 27. 30.121 (3c) of the statutes is created to read:

SB326-SSA1,9,20 30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size, location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.

SB326-SSA1, s. 28 Section 28. 30.121 (3g) of the statutes is amended to read:

SB326-SSA1,9,24 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

SB326-SSA1, s. 29 Section 29. 30.121 (3r) of the statutes is amended to read:

SB326-SSA1,10,7 30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of repairing or reconstructing a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.

SB326-SSA1, s. 30 Section 30. 30.123 (6) (a) of the statutes is repealed.

SB326-SSA1, s. 31 Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).

SB326-SSA1, s. 32 Section 32. 30.123 (7) (b) of the statutes is repealed.

SB326-SSA1, s. 33 Section 33. 30.123 (7) (d) of the statutes is created to read:

SB326-SSA1,10,14 30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.

SB326-SSA1, s. 34 Section 34. 30.1235 of the statutes is repealed.

SB326-SSA1, s. 35 Section 35. 30.18 (4) (a) of the statutes is amended to read:

SB326-SSA1,10,25 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3). In addition to providing notice as required under s. 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

SB326-SSA1, s. 36 Section 36. 30.19 (1m) (f) of the statutes is created to read:

SB326-SSA1,11,3 30.19 (1m) (f) Any land grading activity authorized under a stormwater discharge permit issued under s. 283.33.

SB326-SSA1, s. 37 Section 37. 30.19 (1m) (g) of the statutes is created to read:

SB326-SSA1,11,6 30.19 (1m) (g) Any land grading activity authorized by a permit issued by a county under a shoreland zoning ordinance enacted under s. 59.692.

SB326-SSA1, s. 38 Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).

SB326-SSA1, s. 39 Section 39. 30.19 (3r) (b) of the statutes is repealed.

SB326-SSA1, s. 40 Section 40. 30.20 (1t) (b) of the statutes is repealed.

SB326-SSA1, s. 41 Section 41. 30.206 (1) (a) of the statutes is amended to read:

SB326-SSA1,11,20 30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 (3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

SB326-SSA1, s. 42 Section 42. 30.206 (1) (am) and (ar) of the statutes are created to read:

SB326-SSA1,11,24 30.206 (1) (am) In addition to the general permits required under par. (a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter.

SB326-SSA1,12,2 (ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.

SB326-SSA1, s. 43 Section 43. 30.206 (1) (b) of the statutes is created to read:

SB326-SSA1,12,11 30.206 (1) (b) Except as provided in sub. (1r), a general permit issued under par. (a) or (am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit for a period of 5 years from the date of the department's determination or until the activity is completed, whichever occurs first, regardless of whether the general permit expired before the activity is completed. The department may renew or modify, or revoke a general permit issued under par. (a) or (am) or s. 30.2065 upon compliance with the requirements under subs. (2b) and (2m).

SB326-SSA1, s. 44 Section 44. 30.206 (1g) of the statutes is repealed.

SB326-SSA1, s. 45 Section 45. 30.206 (1m) of the statutes is repealed.

SB326-SSA1, s. 46 Section 46. 30.206 (1r) of the statutes is created to read: