Amendment SSA1-SB459

SB459-SSA1,15,10 30.125 Shoreline maintenance in outlying waters. (1) In this section:

SB459-SSA1,15,11 (a) "Outlying waters" has the meaning given in s. 29.001 (63).

SB459-SSA1,15,13 (b) "Shoreline area" means the area that is located between the ordinary high-water mark and water's edge.

SB459-SSA1,15,17 (2) If the conditions under sub. (3) are met, the permitting requirements under ss. 23.24 (3) and 30.12 and the contract and permitting requirements under s. 30.20 do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:

SB459-SSA1,15,21 (a) The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459-SSA1,15,23 (b) The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459-SSA1,15,25 (3) All of the following conditions apply to the activities described under sub. (2):

SB459-SSA1,16,1 (a) No material may be brought in from offsite sources to conduct the activity.

SB459-SSA1,16,4 (b) No removal of material may be conducted in an area known to contain any species listed as endangered or threatened under s. 29.604 (3) or any floating bogs or wild rice.

SB459-SSA1,16,6 (c) The removal of material may not interfere with the rights of other riparian owners.

SB459-SSA1,16,9 (d) The removal of invasive species shall be conducted in a manner that prevents the spread of invasive species into the waters of this state and onto adjacent land.

SB459-SSA1,16,11 (e) The activity may not involve the filling of a coastal wetland or the alteration of a coastal dune.

SB459-SSA1,30 Section 30. 30.133 (1) of the statutes is amended to read:

SB459-SSA1,16,24 30.133 (1) Beginning on April 9, 1994, and except as provided in s. 30.1335, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water. This subsection does not prohibit an owner of riparian land that abuts a navigable water who owns a boat docking facility that is lawfully placed on that water from entering into an agreement with another owner of riparian land that abuts the same navigable water to use a shared boat docking facility in lieu of separate piers, provided that the agreement does not result in more boat slips than are authorized under s. 30.12.

SB459-SSA1,31 Section 31. 30.19 (1b) (a) of the statutes is amended to read:

SB459-SSA1,17,3 30.19 (1b) (a) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

SB459-SSA1,32 Section 32. 30.19 (1g) (a) of the statutes is amended to read:

SB459-SSA1,17,6 30.19 (1g) (a) Construct, dredge, or enlarge any artificial water body that connects with a an existing navigable waterway.

SB459-SSA1,33 Section 33. 30.19 (1g) (am) of the statutes is amended to read:

SB459-SSA1,17,13 30.19 (1g) (am) Construct, dredge, or enlarge any part of an artificial water body that is or will be located within 500 feet of the ordinary high-water mark of, but that does not or will not connect with, an existing navigable waterway, including. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459-SSA1,34 Section 34. 30.19 (1m) (dm) of the statutes is created to read:

SB459-SSA1,17,18 30.19 (1m) (dm) The dredging of any part of an artificial water that does not connect with a navigable waterway. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459-SSA1,35 Section 35. 30.19 (4) (d) of the statutes is created to read:

SB459-SSA1,17,21 30.19 (4) (d) 1. In this paragraph, "covered municipality" has the meaning given in s. 281.16 (1) (br).

SB459-SSA1,18,4 2. If the applicant is a covered municipality seeking an individual permit for the construction of a stormwater management pond in an artificial water body, whether navigable or nonnavigable, for the purpose of achieving compliance with performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr) or with an approved total maximum daily load under 33 USC 1313 (d) (1) (C), the department shall, in making its determinations under par. (c), take into consideration the sediment control in and water quality improvements to the watershed as a whole that result from the stormwater management pond.

SB459-SSA1,36 Section 36. 30.20 (1g) (b) 3. of the statutes is created to read:

SB459-SSA1,18,7 30.20 (1g) (b) 3. The removal is necessary to perform an activity authorized under s. 30.125 (2).

SB459-SSA1,37 Section 37. 30.20 (1t) (b) of the statutes is created to read:

SB459-SSA1,18,9 30.20 (1t) (b) 1. In this paragraph:

SB459-SSA1,18,10 a. "Inland lake" means an inland water that is a lake.

SB459-SSA1,18,11 b. "Inland water" has the meaning given in s. 29.001 (45).

SB459-SSA1,18,13 c. "Line of navigation" means the depth of a navigable water required to operate a boat on the navigable water.

SB459-SSA1,18,17 d. "Riparian zone" means the area that extends from riparian land waterward to the line of navigation as determined by a method that establishes riparian zone lines between adjacent riparian owners in a manner that equitably apportions access to the line of navigation.

SB459-SSA1,18,20 2. The department shall issue a statewide general permit under s. 30.206 that authorizes any riparian owner to remove material in the following amounts from a lake bed in the riparian owner's riparian zone:

SB459-SSA1,18,21 a. From an inland lake, up to 30 cubic yards.

SB459-SSA1,18,22 b. From an outlying water, up to 100 cubic yards.

SB459-SSA1,18,23 2m. The department may impose any of the following conditions on the permit:

SB459-SSA1,18,25 a. That the removal may not occur in a navigable water that is identified as an outstanding or exceptional resource water under s. 281.15.

SB459-SSA1,19,2 b. That the total amount of material removed may not exceed 50 cubic yards per year.

SB459-SSA1,19,5 c. That the material may be removed only as necessary to allow the riparian owner to navigate from the shoreline of his or her riparian property to the line of navigation.

SB459-SSA1,19,8 d. That the riparian owner shall use best management practices, established by the department and published on its Internet site, for the removal and disposal of the material.

SB459-SSA1,19,12 e. That the removal may not result in a water depth of more than 3 feet, as measured at summer low levels, a depth adequate for mooring a boat or using a boat hoist or boat lift, or a depth extending to the bottom of a layer of primarily organic sediment, whichever is greater.

SB459-SSA1,19,14 f. That the removal may not interfere with the rights of neighboring riparian owners.

SB459-SSA1,19,17 3. The department may not limit to non-mechanized equipment the types of equipment that may be used to conduct the activity under the general permit under this paragraph.

SB459-SSA1,38 Section 38. 30.20 (1t) (c) of the statutes is created to read:

SB459-SSA1,19,22 30.20 (1t) (c) The department may not require a person to collect a sediment sample prior to proceeding under a general permit issued under par. (a) unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459-SSA1,39 Section 39. 30.20 (2) (cn) of the statutes is created to read:

SB459-SSA1,20,2 30.20 (2) (cn) The department may not require an applicant for a permit under par. (bn) to collect a sediment sample unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459-SSA1,40 Section 40. 30.206 (1) (a) of the statutes is amended to read:

SB459-SSA1,20,6 30.206 (1) (a) The department shall issue the statewide general permits required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a) and (b).

SB459-SSA1,41 Section 41. 30.29 (3) (d) of the statutes is amended to read:

SB459-SSA1,20,13 30.29 (3) (d) Activities for which a permit is issued Authorized activities . A person or agent of a person who is engaged in activities as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter or who is engaged in activities landward of a lawfully established bulkhead line for which no permit or contract is required under this subchapter.

SB459-SSA1,42 Section 42. 31.02 (1) of the statutes is amended to read:

SB459-SSA1,21,2 31.02 (1) The department, in the interest of public rights in navigable waters or, to promote safety, and to protect life, health and , property, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.

SB459-SSA1,43 Section 43. 31.185 (5) of the statutes is amended to read:

SB459-SSA1,21,8 31.185 (5) As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health and, property, property values, and economic values.

SB459-SSA1,44 Section 44. 281.16 (1) (bg) of the statutes is created to read:

SB459-SSA1,21,11 281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b) (a).

SB459-SSA1,45 Section 45. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).

SB459-SSA1,46 Section 46. 281.16 (2) (c) of the statutes is created to read:

SB459-SSA1,21,23 281.16 (2) (c) If a covered municipality has obtained all permits required for the construction of a storm water management pond in an artificial water body, whether navigable or nonnavigable, the department may not prohibit the construction of the storm water management pond as a method by which the covered municipality may achieve compliance with performance standards under par. (a) or with an approved total maximum daily load under 33 USC 1313 (d) (1) (C). The department shall give credit to the covered municipality for any pollutant reduction achieved by the storm water management pond in determining compliance with performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr) or an approved total maximum daily load under 33 USC 1313 (d).

SB459-SSA1,47 Section 47. 281.36 (3m) (b) of the statutes is amended to read:

SB459-SSA1,22,5 281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include in an application submitted under par. (a) an analysis of the practicable alternatives that will avoid and minimize the adverse impacts of the discharge on wetland functional values and that will not result in any other significant adverse environmental consequences, subject to the limitations in sub. (3n) (a).

SB459-SSA1,48 Section 48. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.) and amended to read:

SB459-SSA1,22,14 281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland individual permit, during the period between the date on which the application under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m) (i) is rendered, the department shall conduct its review under this subsection. The department shall review the analysis of practicable alternatives presented in the application under sub. (3m) (b). The department shall limit its review of practicable alternatives as follows:

SB459-SSA1,22,22 1. The department shall limit its review to those practicable alternatives that are located at the site of the discharge and that are located adjacent to that site if the applicant has demonstrated that the proposed project causing the discharge will result in a demonstrable economic public benefit, that the proposed project is necessary for the expansion of an existing industrial, commercial, or agricultural facility that is in existence at the time the application is submitted, or that the proposed project will occur in an industrial park that is in existence at the time the application is submitted.

SB459-SSA1,49 Section 49. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:

SB459-SSA1,23,2 281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit its review to those practicable alternatives that are located on the property owned by the applicant for a project involving fewer than 2 acres of wetland if the project is limited to one of the following:

SB459-SSA1,23,4 a. The construction or expansion of a single-family home and attendant features.

SB459-SSA1,23,5 b. The construction or expansion of a barn or farm buildings.

SB459-SSA1,23,6 c. The expansion of a business project.

SB459-SSA1,23,11 3. The department shall limit its review to those practicable alternatives that are consistent with the overall purpose and scope of the project. The department shall impose a level of scrutiny and require an applicant to provide an amount of information that is commensurate with the severity of the environmental impact of the project, as determined by the department.

SB459-SSA1,50 Section 50. 281.36 (3n) (am) of the statutes is created to read:

SB459-SSA1,23,17 281.36 (3n) (am) Exception to review limit. A project that is part of a common plan of development that is initiated after July 1, 2012, is not eligible for the limited review under par. (a) 2. unless the wetland boundaries on the project site as shown in an onsite delineation have changed since commencement of the development project.

SB459-SSA1,51 Section 51. 281.36 (4) (d) of the statutes is amended to read:

SB459-SSA1,23,21 281.36 (4) (d) Maintenance of drainage or roadside ditches except for those drainage or roadside ditches that serve as fish spawning habitat or passages to spawning habitat in the counties of Brown and Oconto.

SB459-SSA1,52 Section 52. 281.36 (4) (f) of the statutes is created to read:

SB459-SSA1,23,24 281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or stormwater detention basin and associated conveyance features.

SB459-SSA1,23,25 (End)