AB514: Bill Text

AB514, s. 153 Section 153. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and amended to read:

AB514,44,11 30.18 (6) (bm) Reporting required. The department shall require each permittee A person who is issued a permit under this section to report its shall report to the department the volume and rate of withdrawal and its volume and rate of water loss, if any,. The report shall be in the form and at the times specified by the department.

AB514, s. 154 Section 154. 30.18 (6) (cm) 3. of the statutes is created to read:

AB514,44,14 30.18 (6) (cm) 3. A permit issued under this section before August 1, 1957, is exempt from the review requirements under subds. 1. and 2.

AB514, s. 155 Section 155. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm) (title).

AB514, s. 156 Section 156. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and amended to read:

AB514,44,22 30.18 (6) (cm) 1. If the permit is one that is required under sub. (2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957, Except as provided in subds. 2. and 3. the department shall review the permit at least once every 5 years.

AB514,44,24 2. If the permit is one that is required under sub. (2) (b) for a major diversion, the department shall review the permit as required under s. 281.35 (6) (b).

AB514, s. 157 Section 157. 30.18 (6m) (title) of the statutes is repealed and recreated to read:

AB514,45,1 30.18 (6m) (title) Rescission.

AB514, s. 158 Section 158. 30.18 (6m) (a) (intro.) of the statutes is amended to read:

AB514,45,6 30.18 (6m) (a) Streams; mandatory rescission. (intro.) The department shall revoke rescind a permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that any of the following applies:

AB514, s. 159 Section 159. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read:

AB514,45,11 30.18 (6m) (a) 1. That the The water being diverted is no longer surplus water, except that the department may allow the diversion to continue if all riparians has become water that is being beneficially used, unless all riparian owners adversely affected by the diversion continue to consent to it.

AB514,45,13 2. If the diversion is from a stream designated by the department as a trout stream, that the revocation the rescission is desirable for conservation purposes.

AB514, s. 160 Section 160. 30.18 (6m) (b) of the statutes is amended to read:

AB514,45,18 30.18 (6m) (b) Streams; discretionary rescission. The department may revoke rescind any permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that the diversion is detrimental to the stream from which the water is diverted.

AB514, s. 161 Section 161. 30.18 (6m) (c) of the statutes is amended to read:

AB514,45,22 30.18 (6m) (c) Major diversion. The department may revoke a recind any permit issued under sub. (5) (b) for a major diversion only as provided under s. 281.35 (6).

AB514, s. 162 Section 162. 30.18 (7) of the statutes is amended to read:

AB514,46,14 30.18 (7) Prerequisites to project construction work. After an application under this section has been filed with the department, the applicant may enter any land through which it is proposed to divert the water for the purposes of making any surveys required for drafting the plans for the project, but no work shall Work may not be commenced on the canal, headworks, or other structures necessary for the project for which a permit has been issued under this section until the plans for the same canal, headworks, or other structures have been approved by the department. Any person having received who has been issued a permit required under sub. (2) (a) for a diversion that is not a major diversion may construct commence the work upon the land of another the canal and other works as authorized by the permit only after the damage which will be sustained by the owner or owners of such of that land has been satisfied, or has been determined as provided for in ch. 32, and compensated for any damages that the owner will incur as a result of the work or after the final sum so for condemnation of the property under ch. 32 has been determined and all costs have been paid to the persons entitled thereto owner or to the clerk of the circuit court on their the owner's account.

Note: Current s. 30.18 (7) allows the applicant to "enter any land through which it is proposed to divert water", after the permit application is filed, to conduct surveys. This provision is deleted, and replaced by a requirement in new s. 30.18 (3m) (a) for the applicant to obtain permission or authority to enter the land.

AB514, s. 163 Section 163. 30.18 (8) of the statutes is renumbered 30.353.

AB514, s. 164 Section 164. 30.18 (9) of the statutes is repealed.

AB514, s. 165 Section 165. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.) and amended to read:

AB514,46,21 30.19 (1g) Permits required. (intro.) Unless a permit has been granted by the department issued under this section or authorization has been granted by the legislature, it is unlawful no person may do any of the following:

AB514, s. 166 Section 166. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

AB514,47,4 30.19 (1g) (a) To construct Construct, dredge, or enlarge any artificial waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the purpose is ultimate connection with an existing navigable stream, lake or other navigable waters, or where water body that connects with a navigable waterway.

AB514,47,7 (am) Construct, dredge, or enlarge any part of the an artificial waterway water body that is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters waterway.

AB514, s. 167 Section 167. 30.19 (1) (b) of the statutes is renumbered 30.19 (1g) (b) and amended to read:

AB514,47,13 30.19 (1g) (b) To connect any natural or artificially constructed Connect, by a navigable surface channel, any navigable waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway or any artificial water body with an existing body of a navigable water, for navigation or any other purpose waterway.

AB514, s. 168 Section 168. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and amended to read:

AB514,47,18 30.19 (1g) (c) To grade or otherwise Grade or remove top soil topsoil from the bank of any navigable stream, lake or other body of navigable water waterway where the area exposed by such the grading or removal will exceed 10,000 square feet.

AB514, s. 169 Section 169. 30.19 (1b) of the statutes is created to read:

AB514,47,22 30.19 (1b) Definition. In the section, "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.

AB514, s. 170 Section 170. 30.19 (1m) (intro.) of the statutes is amended to read:

AB514,47,25 30.19 (1m) Exception. Exceptions. (intro.) Subsection (1) (1g) does not apply to any of the following:

AB514, s. 171 Section 171. 30.19 (1m) (a) of the statutes is amended to read:

AB514,48,2 30.19 (1m) (a) The construction and or repair of any public highways highway.

AB514, s. 172 Section 172. 30.19 (1m) (b) of the statutes is amended to read:

AB514,48,4 30.19 (1m) (b) Any agricultural uses use of land.

AB514, s. 173 Section 173. 30.19 (1m) (c) and (d) of the statutes are repealed.

Note: Current s. 30.19, which requires a permit for enlargement and protection of waterways, contains an exception for navigable lakes and streams and any portion of Lake Michigan within Milwaukee County. This exception is not included in this bill so that s. 30.19 will apply uniformly to all navigable waters. However, current s. 30.05 (renumbered s. 30.223) continues to apply where lake bed grants have been made.

AB514, s. 174 Section 174. 30.19 (1m) (e) of the statutes is amended to read:

AB514,48,9 30.19 (1m) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized an artificial water body done pursuant to a permit or legislative authorization under sub. (1) (a) or (b) (1g) (a) or (am).

AB514, s. 175 Section 175. 30.19 (1m) (f) of the statutes is created to read:

AB514,48,12 30.19 (1m) (f) Any work required to maintain any water body that serves as a connection under sub. (1g) (b).

AB514, s. 176 Section 176. 30.19 (2) (intro.) and (a) to (d) of the statutes are repealed.

AB514, s. 177 Section 177. 30.19 (2) (e) of the statutes is renumbered 30.19 (3b) (b) and amended to read:

AB514,49,2 30.19 (3b) (b) The name and address of the secretary of any property owners' association pertaining formed with respect to the bodies of water affected by the project or if there is no such association, the names and addresses of. If no property owners' association exists, the department shall give notice to at least 5 persons who own real property located adjacent to the bodies of water. If fewer than 5 persons own real property located adjacent to the bodies of water, the names and addresses of such persons that own real estate so located shall be given department shall give notice to all of these persons.

AB514, s. 178 Section 178. 30.19 (2) (f) of the statutes is repealed.

AB514, s. 179 Section 179. 30.19 (3) (title) of the statutes is repealed.

AB514, s. 180 Section 180. 30.19 (3) (a) of the statutes is renumbered 30.19 (3b) (a) and amended to read:

AB514,49,10 30.19 (3b) (a) Section 30.02 (3) and (4) applies to permit applications under sub. (1) (b) and (c). Notice shall be provided to the clerks of the county and The clerk of each municipality in which the project or affected body of water is located and to the persons under sub. (2) (e). For any permit application which affects the.

AB514,49,15 (c) The Milwaukee Metropolitan Sewerage District for a project that would affect the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root River or any tributary of those rivers, special notice shall be given to the Milwaukee metropolitan sewerage district. The metropolitan sewerage district shall have 30 days to respond to the special notice.

AB514, s. 181 Section 181. 30.19 (3) (b) of the statutes is repealed.

AB514, s. 182 Section 182. 30.19 (3b) (intro.) of the statutes is created to read:

AB514,50,2 30.19 (3b) Action by department. (intro.) Upon receipt of a complete application for a permit under sub. (1g), the department shall follow the procedure allowing the department to give notice under s. 30.245 or shall deny the application as provided in s. 30.246 (1). Upon receipt of a complete application for a permit under sub. (1g) (b) or (c) for a project in which there is or will be an effect on navigable waters other than an effect on water quality, the department shall give notice of receipt of the application as provided in s. 30.244 or shall deny the application as provided in s. 30.246 (1). In addition to the notice requirements under s. 30.246 (2), the department shall give notice to all of the following:

Note: This provision continues the applicability of notice and hearing provisions only to permit applications under sub. (2) (b) and (c). Under the current statute, the notice and hearing is not required for dredging artificial water bodies for the purpose of connection to a navigable waterway or where part of the artificial water body is within 500 feet of the ordinary high-water mark of the navigable waterway. In addition, an exemption from the notice and hearing is provided for grading or removing topsoil from the bank of navigable waters where the only effect is on water quality. This exemption allows DNR to develop a "short form" permit for grading or removing topsoil from the bank where advance notice is given to the department and the work conforms to rules of the department that describe methods for such work.

AB514, s. 183 Section 183. 30.19 (4) of the statutes is renumbered 30.19 (4) (intro.) and amended to read:

AB514,50,8 30.19 (4) Issuance of permit. (intro.) If the department finds that the project will not injure public rights or interest, including fish and game habitat, that the The department shall issue a permit under this section if the department determines that all of the following apply:

AB514,50,10 (b) The project will not cause environmental pollution as defined in s. 299.01 (4), that any.

AB514,50,13 (c) Any enlargement connected to a navigable waterways conforms to the requirement of waterway complies with all of the laws for the relating to platting of land and for sanitation and that no.

AB514,50,17 (d) No material injury will result to the rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing the enlargement of the affected waterways of real property that abuts any water body that is affected by the project.

AB514, s. 184 Section 184. 30.19 (4) (a) of the statutes is created to read:

AB514,50,19 30.19 (4) (a) The project will not be detrimental to the public interest.

AB514, s. 185 Section 185. 30.19 (5) of the statutes is amended to read:

AB514,51,8 30.19 (5) Conditions of permit Requirement for public access. The A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall provide that all require that the artificial waterways constructed under this section which are connected to navigable waterways shall be water body be a public waterways . The department may impose such further conditions in the permit as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property waterway.

AB514, s. 186 Section 186. 30.195 (1) of the statutes is amended to read:

AB514,51,13 30.195 (1) Permit required. No Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream without a permit issued under this section or without otherwise being expressly authorized by statute to do so.

AB514, s. 187 Section 187. 30.195 (2) of the statutes is repealed and recreated to read:

AB514,51,22 30.195 (2) Action by department. Upon receipt of a complete application for a permit under this section for an activity that involves the relocation of more than a total of 500 feet in stream length, the department shall either deny the application as provided in s. 30.246 (1) or shall give notice of receipt of the application as provided in s. 30.244. For a permit for an activity that involves the relocation of a total of 500 or less feet in stream length, the department shall either deny the application as provided in s. 30.246 (1) or shall follow the procedure allowing the department to give notice under s. 30.245.

AB514, s. 188 Section 188. 30.195 (3) of the statutes is renumbered 30.195 (3) (intro.) and amended to read:

AB514,52,3 30.195 (3) Granting Issuance of permit. (intro.) Upon application therefor, the The department shall grant issue a permit to the under this section if the department determines that all of the following apply:

AB514,52,6 (a) The applicant is the owner of any land to change the course of or straighten a upon which the change in course or straightening of the navigable stream on such land, if such will occur.

AB514,52,8 (b) The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the owner's applicant's land and will.

AB514,52,11 (c) The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to public rights or the public interest.

AB514,52,18 (d) The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparians riparian owners located on the stream. If the department finds that the rights of such riparians these riparian owners will be adversely affected, it may grant issue the permit only with their the consent. Such permit may be granted on the department's own motion after its own investigation or after public hearing and after giving prior notice of such investigation or hearing of all of these riparian owners.

AB514, s. 189 Section 189. 30.195 (4) and (7) of the statutes are repealed.

Note: It is not clear whether current s. 30.195 is subject to the requirement of a notice and hearing. Current s. 30.02 provides that the notice and hearing provisions of that statute apply in any proceeding under ch. 30 where public notice is required. Under s. 30.195 (3), the DNR may issue a permit either on its own motion or after a public hearing. This does not appear to be a clear statement that a public hearing is required, and it is therefore uncertain whether the notice and hearing requirement of current s. 30.02 applies. This bill makes the permit under s. 30.195 subject to the new mandatory notice requirements under s. 30.244 and the new hearing requirements under s. 30.245 for relocation of more than 500 feet of stream length, which corresponds with the division between type II and type III actions regarding stream locations for environmental review under ch. NR 150, Wis. Adm. Code.

This bill eliminates the current provision in s. 30.195 (4) that states that no common law liability and no liability under any other statute for damages resulting from the change in the course of the stream or straightening a stream is affected by s. 30.195. Nothing in current s. 30.195, or s. 30.195 as amended by this bill, suggests that an exemption from liability is created. Compliance with the provisions in a permit under s. 30.195 may have a bearing on the issue of negligence, but current s. 30.195 (4) is unnecessary. Also, the provision in the current statute that creates a presumption of exercising due care in complying with a permit is better addressed by the court as part of a negligence action.

The exception for land owned by Milwaukee County or a city, village or town in Milwaukee County is deleted. This provision was originally created as part of s. 30.195 when it was adopted in 1961, and was added as a floor amendment. This exception is not included in this bill so that s. 30.195 will apply uniformly to all navigable waters.

AB514, s. 190 Section 190. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.), as renumbered, is amended to read:

AB514,53,9 30.313 Enclosure of navigable waters; issuance of permits to municipalities. (intro.) A municipality may enclose navigable waters by directing, placing, or restricting navigable waters into an enclosed drain, conduit, storm sewer, or similar structure if the department grants the municipality a permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) if it the procedures under ss. 30.244 and 30.246 have been followed if the department finds that granting the permit:

AB514, s. 191 Section 191. 30.20 (1) (title) of the statutes is repealed and recreated to read:

AB514,53,11 30.20 (1) (title) Contract or permit required.

AB514, s. 192 Section 192. 30.20 (1) (a) of the statutes is amended to read:

AB514,53,16 30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2), no person may remove any material from the bed of any navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).

AB514, s. 193 Section 193. 30.20 (1) (b) of the statutes is renumbered 30.20 (1) (b) (intro.) and amended to read: