SB459-SSA3,1 1Section 1. 30.01 (1am) (a), (b) and (bm) of the statutes are amended to read:
SB459-SSA3,6,32 30.01 (1am) (a) A state natural area designated or dedicated under ss. 23.27
3to 23.29 and shown on a map published on the department's Internet site.
SB459-SSA3,6,54 (b) A surface water identified as a trout stream by the department and shown
5on a map published on the department's Internet site
.
SB459-SSA3,7,3
1(bm) A surface water identified as an outstanding or exceptional resource
2water under s. 281.15 and shown on a map published on the department's Internet
3site
.
SB459-SSA3,2 4Section 2. 30.01 (1am) (c) of the statutes is repealed.
SB459-SSA3,3 5Section 3. 30.01 (1am) (d), (e), (f), (g) and (h) of the statutes are created to read:
SB459-SSA3,7,86 30.01 (1am) (d) A body of water designated as a wild rice water under a written
7agreement between the department and the Great Lakes Indian Fish and Wildlife
8Commission and shown on a map published on the department's Internet site.
SB459-SSA3,7,119 (e) A body of water in a wetland along Lake Michigan or Lake Superior that the
10department has identified as an ecologically significant coastal wetland and shown
11on a map published on the department's Internet site.
SB459-SSA3,7,1412 (f) A river that is included in the national wild and scenic rivers system or
13designated as a wild river under s. 30.26 and shown on a map published on the
14department's Internet site.
SB459-SSA3,7,1615 (g) The portion of a body of water that contains a sensitive area and shown on
16a map published on the department's Internet site.
SB459-SSA3,7,1917 (h) A unique and significant wetland specified by the department in a special
18wetland inventory study or a special area management plan and shown on a map
19published on the department's Internet site.
SB459-SSA3,4 20Section 4. 30.01 (1d) of the statutes is amended to read:
SB459-SSA3,7,2421 30.01 (1d) "Boathouse" means a structure with one or more walls or sides that
22has been
used for one or more years for the storage of watercraft and associated
23materials which has one or more walls or sides, regardless of the current use of the
24structure
.
SB459-SSA3,5 25Section 5. 30.01 (3c) of the statutes is created to read:
SB459-SSA3,8,2
130.01 (3c) "Line of navigation" means the depth of a navigable water that is
2the greater of the following:
SB459-SSA3,8,33 (a) Three feet, as measured at summer low levels.
SB459-SSA3,8,44 (b) The depth required to operate a boat on the navigable water.
SB459-SSA3,6 5Section 6. 30.01 (6b) of the statutes is created to read:
SB459-SSA3,8,96 30.01 (6b) "Sensitive area" means an area of aquatic vegetation identified by
7the department as offering critical or unique fish and wildlife habitat, including
8seasonal or lifestage requirements, or offering water quality or erosion control
9benefits to the body of water.
SB459-SSA3,7 10Section 7. 30.025 (5) of the statutes is amended to read:
SB459-SSA3,8,1411 30.025 (5) Exemption from certain Exclusive procedures. Sections 30.208
12and 30.209 do not apply to an application for any permit
The procedures provided
13under this section are exclusive and apply in lieu of any other procedures that would
14otherwise apply to permits applied for under this section
.
SB459-SSA3,8 15Section 8. 30.053 of the statutes is created to read:
SB459-SSA3,8,21 1630.053 Applicability of chapter to artificial water bodies. Except in
17subch. V of this chapter and except as specifically provided otherwise in this chapter,
18nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b)
19(a), that is not hydrologically connected to a natural navigable waterway and that
20does not discharge into a natural navigable waterway except as a result of storm
21events.
SB459-SSA3,9 22Section 9. 30.12 (1k) (f) of the statutes is amended to read:
SB459-SSA3,9,323 30.12 (1k) (f) A decision of If the department against determines that the
24owner of a structure for which is not entitled to an exemption is claimed under this
25subsection is subject to a trial de novo, the owner may bring an action for declaratory

1judgment under s. 806.04 in the circuit court for the county in which the riparian
2property is located. The owner is not entitled to a contested case hearing or judicial
3review under ch. 227
.
SB459-SSA3,10 4Section 10. 30.12 (3) (a) 6. (intro.) of the statutes is renumbered 30.12 (3) (a)
56. and amended to read:
SB459-SSA3,9,96 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
7for the purpose of storing or protecting watercraft and associated materials, except
8that no general or individual permit may be issued for a permanent boat shelter that
9is constructed after May 3, 1988, if any of the following apply:
.
SB459-SSA3,11 10Section 11. 30.12 (3) (a) 6. a., b. and c. of the statutes are repealed.
SB459-SSA3,12 11Section 12. 30.12 (3) (a) 13. of the statutes is amended to read:
SB459-SSA3,9,1912 30.12 (3) (a) 13. Place a seawall to replace an existing seawall for which a
13permit has been issued or an exemption granted under this chapter, or for which no
14permit was required at the time the seawall was built
. The replacement may not
15exceed 100 continuous feet in an inland lake of 300 or more acres and may not exceed
16300 continuous feet in a Great Lakes water body. In issuing the permit, the
17department may impose conditions on the replacement of a seawall located in an
18area of special natural resource interest only if those conditions do not prohibit the
19replacement of a seawall located in an area of special natural resource interest.
SB459-SSA3,13 20Section 13. 30.12 (3) (c) of the statutes is amended to read:
SB459-SSA3,9,2521 30.12 (3) (c) The department may impose conditions on general permits issued
22under par. (a) 6. to govern the architectural features of boat shelters and the number
23of boat shelters that may be constructed adjacent to a parcel of land. The conditions
24may not govern the aesthetic features or color of boat shelters or the distance at
25which a boat shelter may extend from the shore, except to prohibit a boat shelter from

1extending beyond the line of navigation, and may not be based on the degree to which
2adjacent land is developed
. The conditions shall be designed to ensure the structural
3soundness and durability of boat shelters. A municipality may enact ordinances that
4are consistent with this paragraph and with any conditions imposed on general
5permits issued to regulate the architectural features of boat shelters that are under
6the jurisdiction of the municipality.
SB459-SSA3,14 7Section 14. 30.12 (3m) (cr) of the statutes is created to read:
SB459-SSA3,10,108 30.12 (3m) (cr) In determining whether to issue an individual permit to the
9owner of a proposed permanent boat shelter, the department may not deny the
10permit on the basis of any of the following:
SB459-SSA3,10,1311 1. The distance at which the shelter will extend from the shore, except that the
12department may deny the permit on the basis that the boat shelter will extend
13beyond the line of navigation.
SB459-SSA3,10,1414 2. The degree to which adjacent land is developed.
SB459-SSA3,15 15Section 15. 30.121 (1) of the statutes is amended to read:
SB459-SSA3,10,1816 30.121 (1) Definition. In this section, the terms "maintain" and "repair"
17include replacing structural elements, including roofs, doors, walls, windows,
18beams, porches, and floors, and foundations.
SB459-SSA3,16 19Section 16. 30.121 (3) of the statutes is amended to read:
SB459-SSA3,11,620 30.121 (3) Maintenance and repair. The riparian owner of any boathouse or
21fixed houseboat extending beyond the ordinary high-water mark of any navigable
22waterway may repair or maintain the boathouse or fixed houseboat if the cost to
23repair or maintain the boathouse or fixed houseboat does not exceed 50% of the
24equalized assessed value of the boathouse or fixed houseboat and the repair or
25maintenance does not involve the placement of a floor over a wet bay on or after the

1effective date of this subsection .... [LRB inserts date]
. If the boathouse or fixed
2houseboat is not subject to assessment, the owner may repair or maintain the
3boathouse or the fixed houseboat if the cost of the repair or maintenance does not
4exceed 50% of the current fair market value of the boathouse or fixed houseboat and
5the repair or maintenance does not involve the placement of a floor over a wet bay
6on or after the effective date of this subsection .... [LRB inserts date]
.
SB459-SSA3,17 7Section 17. 30.121 (3c) of the statutes is renumbered 30.121 (3c) (intro.) and
8amended to read:
SB459-SSA3,11,129 30.121 (3c) Exception; certain boathouses. (intro.) Subsection (3) does not
10apply to repairing or maintaining a boathouse if the boathouse was in existence on
11December 16, 1979, and if all of the following apply to the repairing or maintaining
12repair or maintenance:
SB459-SSA3,11,13 13(a) It does not affect the size, or location, or configuration of the boathouse and.
SB459-SSA3,11,14 14(b) It does not result in the boathouse being converted into living quarters.
SB459-SSA3,18 15Section 18. 30.121 (3c) (c) of the statutes is created to read:
SB459-SSA3,11,1716 30.121 (3c) (c) It does not involve the placement of a floor over a wet bay in the
17boathouse on or after the effective date of this paragraph .... [LRB inserts date].
SB459-SSA3,19 18Section 19. 30.121 (3w) (c) of the statutes is renumbered 30.121 (3w) (c) (intro.)
19and amended to read:
SB459-SSA3,11,2120 30.121 (3w) (c) (intro.) The boathouse is located within in any of the following
21locations:
SB459-SSA3,11,23 221. Within a harbor that is being operated as a commercial enterprise or is
23located on
.
SB459-SSA3,11,24 242. On a river that is a tributary of Lake Michigan or Lake Superior.
SB459-SSA3,20 25Section 20. 30.121 (3w) (c) 3. of the statutes is created to read:
SB459-SSA3,12,2
130.121 (3w) (c) 3. On an outlying water and the work is limited to the
2expansion, repair, or maintenance of an existing boathouse.
SB459-SSA3,21 3Section 21. 30.19 (1b) (a) of the statutes is amended to read:
SB459-SSA3,12,64 30.19 (1b) (a) "Artificial water body" means a proposed or existing body of
5water that does not have a history of being a lake or stream or of being part of a lake
6or stream.
SB459-SSA3,22 7Section 22. 30.19 (1g) (a) of the statutes is amended to read:
SB459-SSA3,12,98 30.19 (1g) (a) Construct, dredge, or enlarge any artificial water body that
9connects with a an existing navigable waterway.
SB459-SSA3,23 10Section 23. 30.19 (1g) (am) of the statutes is amended to read:
SB459-SSA3,12,1611 30.19 (1g) (am) Construct, dredge, or enlarge any part of an artificial water
12body that is or will be located within 500 feet of the ordinary high-water mark of, but
13that does not or will not connect with,
an existing navigable waterway, including.
14An artificial water body that meets the requirements of this paragraph includes
a
15stormwater management pond that does not discharge into a navigable waterway
16except as a result of storm events.
SB459-SSA3,24 17Section 24. 30.19 (1m) (dm) of the statutes is created to read:
SB459-SSA3,12,2118 30.19 (1m) (dm) The dredging of any part of an artificial water that does not
19connect with a navigable waterway. An artificial water body that meets the
20requirements of this paragraph includes a stormwater management pond that does
21not discharge into a navigable waterway except as a result of storm events.
SB459-SSA3,25 22Section 25. 30.19 (4) (d) of the statutes is created to read:
SB459-SSA3,12,2423 30.19 (4) (d) 1. In this paragraph, "covered municipality" has the meaning
24given in s. 281.16 (1) (br).
SB459-SSA3,13,8
12. If the applicant is a covered municipality seeking an individual permit for
2the construction of a stormwater management pond in an artificial water body,
3whether navigable or nonnavigable, for the purpose of achieving compliance with
4performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
5or with an approved total maximum daily load under 33 USC 1313 (d) (1) (C), the
6department shall, in making its determinations under par. (c), take into
7consideration the sediment control in and water quality improvements to the
8watershed as a whole that result from the stormwater management pond.
SB459-SSA3,26 9Section 26. 31.02 (1) of the statutes is amended to read:
SB459-SSA3,13,2110 31.02 (1) The department, in the interest of public rights in navigable waters
11or, to promote safety, and to protect life, health and , property, property values, and
12economic values
may regulate and control the level and flow of water in all navigable
13waters and may erect, or may order and require bench marks to be erected, upon
14which shall be designated the maximum level of water that may be impounded and
15the lowest level of water that may be maintained by any dam heretofore or hereafter
16constructed and maintained and which will affect the level and flow of navigable
17waters; and may by order fix a level for any body of navigable water below which the
18same shall not be lowered except as provided in this chapter; and shall establish and
19maintain gauging stations upon the various navigable waters of the state and shall
20take other steps necessary to determine and record the characteristics of such
21waters.
SB459-SSA3,27 22Section 27. 31.185 (5) of the statutes is amended to read:
SB459-SSA3,14,223 31.185 (5) As a prerequisite to the granting of a permit under this section, the
24department may require the applicant to comply with such conditions as it deems
25reasonably necessary in the particular case to preserve public rights in navigable

1waters, to promote safety, and to protect life, health and, property, property values,
2and economic values
.
SB459-SSA3,28 3Section 28. 281.16 (1) (bg) of the statutes is created to read:
SB459-SSA3,14,54 281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b)
5(a).
SB459-SSA3,29 6Section 29. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).
SB459-SSA3,30 7Section 30. 281.16 (2) (c) of the statutes is created to read:
SB459-SSA3,14,178 281.16 (2) (c) If a covered municipality has obtained all permits required for
9the construction of a storm water management pond in an artificial water body,
10whether navigable or nonnavigable, the department may not prohibit the
11construction of the storm water management pond as a method by which the covered
12municipality may achieve compliance with performance standards under par. (a) or
13with an approved total maximum daily load under 33 USC 1313 (d) (1) (C). The
14department shall give credit to the covered municipality for any pollutant reduction
15achieved by the storm water management pond in determining compliance with
16performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
17or an approved total maximum daily load under 33 USC 1313 (d).
SB459-SSA3,31 18Section 31. 281.36 (1) (am) of the statutes is created to read:
SB459-SSA3,14,2219 281.36 (1) (am) "Demonstrable economic public benefit" means an economic
20benefit to the community or region that is measurable, such as increased access to
21natural resources, local spending by the proposed project, employment, or
22community investment.
SB459-SSA3,32 23Section 32. 281.36 (1) (ct) of the statutes is created to read:
SB459-SSA3,14,2424 281.36 (1) (ct) "Small business" has the meaning given in s. 227.114 (1).
SB459-SSA3,33 25Section 33. 281.36 (3m) (b) of the statutes is amended to read:
SB459-SSA3,15,5
1281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include
2in an application submitted under par. (a) an analysis of the practicable alternatives
3that will avoid and minimize the adverse impacts of the discharge on wetland
4functional values and that will not result in any other significant adverse
5environmental consequences, subject to the limitations in sub. (3n) (a).
SB459-SSA3,34 6Section 34. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.)
7and amended to read:
SB459-SSA3,15,148 281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland
9individual permit, during the period between the date on which the application
10under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m)
11(i) is rendered, the department shall conduct its review under this subsection. The
12department shall review the analysis of practicable alternatives presented in the
13application under sub. (3m) (b). The department shall limit its review of practicable
14alternatives as follows:
SB459-SSA3,15,17 151. The department shall limit its review to those practicable alternatives that
16are located at the site of the discharge and that are located adjacent to that site if the
17applicant has demonstrated that any of the following:
SB459-SSA3,15,19 18a. That the proposed project causing the discharge will result in a demonstrable
19economic public benefit, that.
SB459-SSA3,15,22 20b. That the proposed project is necessary for the expansion of an existing
21industrial, commercial, or agricultural facility that is in existence at the time the
22application is submitted, or that.
SB459-SSA3,15,24 23c. That the proposed project will occur in an industrial park that is in existence
24at the time the application is submitted.
SB459-SSA3,35 25Section 35. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:
SB459-SSA3,16,4
1281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit
2its review to those practicable alternatives that are located on the property owned
3by the applicant for a project involving fewer than 2 acres of wetland if the project
4is limited to one of the following:
SB459-SSA3,16,65 a. The construction or expansion of a single-family home and attendant
6features.
SB459-SSA3,16,77 b. The construction or expansion of a barn or farm buildings.
SB459-SSA3,16,88 c. The expansion of a small business project.
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