AB514, s. 162
23Section
162. 30.18 (7) of the statutes is amended to read:
AB514,46,1424
30.18
(7) Prerequisites to project
construction work. After an application
25under this section has been filed with the department, the applicant may enter any
1land through which it is proposed to divert the water for the purposes of making any
2surveys required for drafting the plans for the project, but no work shall Work may
3not be commenced on the canal, headworks
, or other structures necessary for the
4project
for which a permit has been issued under this section until the plans for the
5same canal, headworks, or other structures have been approved by the department.
6Any person
having received who has been issued a permit required under sub. (2) (a)
7for a diversion that is not a major diversion may
construct commence the work upon
8the land of another
the canal and other works as authorized by the permit
only after
9the
damage which will be sustained by the owner
or owners of such of that land has
10been
satisfied, or has been determined as provided for in ch. 32, and compensated for
11any damages that the owner will incur as a result of the work or after the final sum
12so for condemnation of the property under ch. 32 has been determined and
all costs
13have been paid to the
persons entitled thereto
owner or to the clerk of the circuit court
14on
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
15Section
163. 30.18 (8) of the statutes is renumbered 30.353.
AB514, s. 164
16Section
164. 30.18 (9) of the statutes is repealed.
AB514, s. 165
17Section
165. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.)
18and amended to read:
AB514,46,2119
30.19
(1g) Permits required. (intro.) Unless a permit has been
granted by the
20department issued under this section or authorization has been granted by the
21legislature,
it is unlawful no person may do any of the following:
AB514, s. 166
22Section
166. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and
23amended to read:
AB514,47,4
130.19
(1g) (a)
To construct
Construct, dredge
, or enlarge any artificial
2waterway, canal, channel, ditch, lagoon, pond, lake or similar waterway where the
3purpose is ultimate connection with an existing navigable stream, lake or other
4navigable waters, or where water body that connects with a navigable waterway.
AB514,47,7
5(am) Construct, dredge, or enlarge any part of
the an artificial
waterway water
6body that is located within 500 feet of the ordinary high-water mark of an existing
7navigable
stream, lake or other navigable waters
waterway.
AB514, s. 167
8Section
167. 30.19 (1) (b) of the statutes is renumbered 30.19 (1g) (b) and
9amended to read:
AB514,47,1310
30.19
(1g) (b)
To connect any natural or artificially constructed Connect, by a
11navigable surface channel, any navigable waterway
, canal, channel, ditch, lagoon,
12pond, lake or similar waterway or any artificial water body with
an existing body of 13a navigable
water, for navigation or any other purpose waterway.
AB514, s. 168
14Section
168. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and
15amended to read:
AB514,47,1816
30.19
(1g) (c)
To grade or otherwise
Grade or remove
top soil topsoil from the
17bank of any navigable
stream, lake or other body of navigable water waterway where
18the area exposed by
such the grading or removal will exceed 10,000 square feet.
AB514, s. 169
19Section
169. 30.19 (1b) of the statutes is created to read:
AB514,47,2220
30.19
(1b) Definition. In the section, "artificial water body" means a proposed
21or existing body of water that does not have a history of being a lake or stream or of
22being part of a lake or stream.
AB514, s. 170
23Section
170. 30.19 (1m) (intro.) of the statutes is amended to read:
AB514,47,2524
30.19
(1m) Exception. Exceptions. (intro.) Subsection
(1) (1g) does not apply
25to any of the following:
AB514, s. 171
1Section
171. 30.19 (1m) (a) of the statutes is amended to read:
AB514,48,22
30.19
(1m) (a) The construction
and
or repair of
any public
highways
highway.
AB514, s. 172
3Section
172. 30.19 (1m) (b) of the statutes is amended to read:
AB514,48,44
30.19
(1m) (b) Any agricultural
uses
use of land.
AB514, s. 173
5Section
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
6Section
174. 30.19 (1m) (e) of the statutes is amended to read:
AB514,48,97
30.19
(1m) (e) Any work required to maintain the original dimensions of an
8enlargement of
a waterway authorized an artificial water body done pursuant to a
9permit or legislative authorization under sub.
(1) (a) or (b) (1g) (a) or (am).
AB514, s. 175
10Section
175. 30.19 (1m) (f) of the statutes is created to read:
AB514,48,1211
30.19
(1m) (f) Any work required to maintain any water body that serves as
12a connection under sub. (1g) (b).
AB514, s. 176
13Section
176. 30.19 (2) (intro.) and (a) to (d) of the statutes are repealed.
AB514, s. 177
14Section
177. 30.19 (2) (e) of the statutes is renumbered 30.19 (3b) (b) and
15amended to read:
AB514,49,216
30.19
(3b) (b) The
name and address of the secretary of any property owners'
17association
pertaining formed with respect to the bodies of water affected by the
18project
or if there is no such association, the names and addresses of. If no property
19owners' association exists, the department shall give notice to at least 5 persons who
20own real property located adjacent to the bodies of water. If fewer than 5 persons own
21real property located adjacent to the bodies of water, the
names and addresses of such
1persons that own real estate so located shall be given
department shall give notice
2to all of these persons.
AB514, s. 178
3Section
178. 30.19 (2) (f) of the statutes is repealed.
AB514, s. 179
4Section
179. 30.19 (3) (title) of the statutes is repealed.
AB514, s. 180
5Section
180. 30.19 (3) (a) of the statutes is renumbered 30.19 (3b) (a) and
6amended to read:
AB514,49,107
30.19
(3b) (a)
Section 30.02 (3) and (4) applies to permit applications under sub.
8(1) (b) and (c). Notice shall be provided to the clerks of the county and The clerk of
9each municipality in which the project or affected body of water is located
and to the
10persons under sub. (2) (e). For any permit application which affects the.
AB514,49,15
11(c) The Milwaukee Metropolitan Sewerage District for a project that would
12affect the Milwaukee River, the Menomonee River, the Kinnickinnic River, the Root
13River or any tributary of those rivers
, special notice shall be given to the Milwaukee
14metropolitan sewerage district. The metropolitan sewerage district shall have 30
15days to respond to the special notice.
AB514, s. 181
16Section
181. 30.19 (3) (b) of the statutes is repealed.
AB514, s. 182
17Section
182. 30.19 (3b) (intro.) of the statutes is created to read:
AB514,50,218
30.19
(3b) Action by department. (intro.) Upon receipt of a complete
19application for a permit under sub. (1g), the department shall follow the procedure
20allowing the department to give notice under s. 30.245 or shall deny the application
21as provided in s. 30.246 (1). Upon receipt of a complete application for a permit under
22sub. (1g) (b) or (c) for a project in which there is or will be an effect on navigable waters
23other than an effect on water quality, the department shall give notice of receipt of
24the application as provided in s. 30.244 or shall deny the application as provided in
1s. 30.246 (1). In addition to the notice requirements under s. 30.246 (2), the
2department 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
3Section
183. 30.19 (4) of the statutes is renumbered 30.19 (4) (intro.) and
4amended to read:
AB514,50,85
30.19
(4) Issuance of permit. (intro.)
If the department finds that the project
6will not injure public rights or interest, including fish and game habitat, that the The
7department shall issue a permit under this section if the department determines that
8all of the following apply:
AB514,50,10
9(b) The project will not cause environmental pollution
as defined in s. 299.01
10(4), that any.
AB514,50,13
11(c) Any enlargement connected to
a navigable
waterways conforms to the
12requirement of waterway complies with all of the laws
for the relating to platting of
13land and
for sanitation
and that no.
AB514,50,17
14(d) No material injury
will result to the rights of any riparian owners
on any
15body of water affected will result, the department shall issue a permit authorizing
16the enlargement of the affected waterways of real property that abuts any water body
17that is affected by the project.
AB514, s. 184
18Section
184. 30.19 (4) (a) of the statutes is created to read:
AB514,50,1919
30.19
(4) (a) The project will not be detrimental to the public interest.
AB514, s. 185
20Section
185. 30.19 (5) of the statutes is amended to read:
AB514,51,8
130.19
(5) Conditions of permit Requirement for public access. The A permit
2issued under this section to construct an artificial water body and to connect it to a
3navigable waterway shall
provide that all require that the artificial
waterways
4constructed under this section which are connected to navigable waterways shall be 5water body be a public
waterways . The department may impose such further
6conditions in the permit as it finds reasonably necessary to protect public health,
7safety, welfare, rights and interest and to protect private rights and property 8waterway.
AB514, s. 186
9Section
186. 30.195 (1) of the statutes is amended to read:
AB514,51,1310
30.195
(1) Permit required. No Unless a permit has been issued under this
11section or authorization has been granted by the legislature, no person may change
12the course of or straighten a navigable stream
without a permit issued under this
13section or without otherwise being expressly authorized by statute to do so.
AB514, s. 187
14Section
187. 30.195 (2) of the statutes is repealed and recreated to read:
AB514,51,2215
30.195
(2) Action by department. Upon receipt of a complete application for
16a permit under this section for an activity that involves the relocation of more than
17a total of 500 feet in stream length, the department shall either deny the application
18as provided in s. 30.246 (1) or shall give notice of receipt of the application as provided
19in s. 30.244. For a permit for an activity that involves the relocation of a total of 500
20or less feet in stream length, the department shall either deny the application as
21provided in s. 30.246 (1) or shall follow the procedure allowing the department to give
22notice under s. 30.245.
AB514, s. 188
23Section
188. 30.195 (3) of the statutes is renumbered 30.195 (3) (intro.) and
24amended to read:
AB514,52,3
130.195
(3) Granting
Issuance of permit. (intro.)
Upon application therefor,
2the The department shall
grant
issue a permit
to the under this section if the
3department determines that all of the following apply:
AB514,52,6
4(a) The applicant is the owner of any land
to change the course of or straighten
5a upon which the change in course or straightening of the navigable stream
on such
6land, if such will occur.
AB514,52,8
7(b) The proposed change
of course or straightening
of the navigable stream will
8improve the economic or aesthetic value of the
owner's
applicant's land
and will.
AB514,52,11
9(c) The proposed change of course or straightening of the navigable stream will 10not adversely affect the flood flow capacity of the stream or otherwise be detrimental
11to
public rights or the public interest.
AB514,52,18
12(d) The proposed change of course or straightening of the navigable stream will
13not be detrimental to the rights of other
riparians riparian owners located on the
14stream. If the department finds that the rights of
such riparians these riparian
15owners will be adversely affected, it may
grant
issue the permit only with
their the 16consent
. Such permit may be granted on the department's own motion after its own
17investigation or after public hearing and after giving prior notice of such
18investigation or hearing of all of these riparian owners.
AB514, s. 189
19Section
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
1Section
190. 30.196 of the statutes is renumbered 30.313, and 30.313 (intro.),
2as renumbered, is amended to read:
AB514,53,9
330.313 Enclosure of navigable waters; issuance of permits to
4municipalities. (intro.) A municipality may enclose navigable waters by directing,
5placing
, or restricting navigable waters into an enclosed drain, conduit, storm sewer
, 6or similar structure if the department grants the municipality a permit. The
7department may grant this permit to a municipality after
following the notice and
8hearing requirements under s. 30.02 (3) and (4) if it the procedures under ss. 30.244
9and 30.246 have been followed if the department finds that granting the permit:
AB514, s. 191
10Section
191. 30.20 (1) (title) of the statutes is repealed and recreated to read:
AB514,53,1111
30.20
(1) (title)
Contract or permit required.
AB514, s. 192
12Section
192. 30.20 (1) (a) of the statutes is amended to read:
AB514,53,1613
30.20
(1) (a)
No Unless a contract has been entered into with the department
14under sub. (2), no person may remove any material from the bed of any navigable lake
15or from the bed of any outlying waters
of this state without first obtaining a contract
16as provided in sub. (2).
AB514, s. 193
17Section
193. 30.20 (1) (b) of the statutes is renumbered 30.20 (1) (b) (intro.)
18and amended to read:
AB514,54,4
130.20
(1) (b) (intro.)
Except as provided under pars. (c) and (d), no No person
2may remove any material from the bed of any lake or stream not mentioned under
3par. (a)
without first obtaining a permit from the department under sub. (2) (c). 4unless one of the following applies:
AB514, s. 194
5Section
194. 30.20 (1) (b) 1. and 2. of the statutes are created to read:
AB514,54,66
30.20
(1) (b) 1. The department has issued the person a permit under sub. (3).
AB514,54,87
2. The department has determined under par. (c) that the removal is exempt
8from a permit under sub. (3).
AB514, s. 195
9Section
195. 30.20 (1) (c) of the statutes is repealed and recreated to read:
AB514,54,1710
30.20
(1) (c) The exemption under s. 30.215 does not exempt a person from the
11permitting requirement under par. (b) if the proposed removal for an agricultural
12purpose is from a farm drainage ditch and the proposed removal may have a
13long-term adverse effect on cold-water fishery resources or may destroy fish
14spawning beds or nursery areas. A person who proposes such a removal shall notify
15the department at least 10 days before the removal is scheduled to start if the
16removal may have such a long-term adverse effect or may destroy fish spawning
17beds or nursery areas.
AB514, s. 196
18Section
196. 30.20 (1) (d) of the statutes is renumbered 30.263 (3) and
19amended to read:
AB514,55,220
30.263
(3) The drainage board for the Duck Creek Drainage District may,
21without a permit under
sub. (2) (c) s. 30.20 (3), remove material from a drain that the
22board operates in the Duck Creek Drainage District if the removal is required, under
23rules promulgated by the department of agriculture, trade and consumer protection,
24in order to conform the drain to specifications imposed by the department of
1agriculture, trade and consumer protection after consulting with the department of
2natural resources.
AB514, s. 197
3Section
197. 30.20 (2) (title), (a) and (b) of the statutes are amended to read:
AB514,55,174
30.20
(2) (title)
Contracts for removal
from navigable lakes and outlying
5waters. (a) The department
, whenever consistent with public rights, may enter into
6contracts a contract on behalf of the state for the removal
and lease or sale of any
7material from the bed of any navigable lake or
of any
of the outlying waters
, and for
8the lease or sale of the material. Every if the contract is consistent with public rights.
9Each contract
entered into under this paragraph shall contain
such any conditions
10as may be that the department determines are necessary for the protection of the
11public interest and the
interests interest of the state
and. Each contract entered into
12under this paragraph shall fix the compensation to be paid to the state for
the 13material
so to be removed, except that
no the contract may not require that any 14compensation
may be paid for the material if the contract is with a municipality
, as
15defined in s. 281.01 (6)
, and
if the material
is to will be used for a municipal purpose
16and
will not
for resale. No be resold. Each contract entered into under this
17paragraph may
not run for
a longer period more than 5 years.
AB514,56,1118
(b) The department
, whenever consistent with public rights, may enter into
19contracts a contract on behalf of the state for the removal
and lease or sale of any
20mineral, ore
and, or other material from beneath the bed of
a navigable
lakes and
21waters, where water that the state may own if the contract will be consistent with
22public rights and if the
waters would navigable water will not be disturbed in the
23removal operation
and for the lease and sale of such mineral, material and ore and
24provide the necessary regulations for all acts incident thereto. Every such. Each 25contract
entered into under this paragraph shall contain
such any conditions
as may
1be that the department determines are necessary for the protection of the public
2interest and the
interests interest of the state
, and. Each contract entered into under
3this paragraph shall fix the compensation to be paid to the state for the
material,
4mineral and ore so mineral, ore, or other material to be removed.
No Each contract
5entered into
, pursuant to under this paragraph
, shall may not run for
a longer period 6more than 75 years.
Should any doubt exist as to whether the state, in fact, owns
7such lake bed or stream bed such contract or lease shall be for such interests, if any,
8as the state may own. Title to the royalties to be paid when
After mining operations
9are have begun
, the department shall
be determined at such future time as 10determine the date before which the royalties for
ores so sold are paid or any mineral,
11ore, or other material that is removed and sold are due and payable.
AB514, s. 198
12Section
198. 30.20 (2) (c) of the statutes is renumbered 30.20 (3) (a) and
13amended to read:
AB514,56,1914
30.20
(3) (a)
A permit The department may issue a permit to remove material
15from the bed of any lake or stream not
included described in sub. (1) (a)
may be issued
16by if the department
if it finds that the issuance of
such a the permit will be
17consistent with the public interest in the
water involved. A permit or contract issued
18under this paragraph may be issued for up to 10 years if the applicant notifies the
19department at least 30 days before removing any material lake or stream.
AB514, s. 199
20Section
199. 30.20 (3) (title) and (b) of the statutes are created to read:
AB514,56,2121
30.20
(3) (title)
Permits for removal from other waters.
AB514,56,2422
(b) If an applicant for a permit under par. (a) submits the application at least
2330 days before the proposed date of the removal, the department may issue the
24permit for a period of up to 10 years.
AB514, s. 200
25Section
200. 30.20 (4) of the statutes is created to read:
AB514,57,5
130.20
(4) Action by department. (a) Upon receipt of a complete application for
2a permit or contract under this section for an activity that involves the removal of
33,000 or more cubic yards of material, the department shall either deny the
4application as provided in s. 30.246 (1) or shall give notice of receipt of the application
5as provided in s. 30.244, except as provided in par. (b).
AB514,57,86
(b) The department shall either deny the application as provided in s. 30.246
7(1) or shall follow the procedure allowing the department to give notice under s.
830.245 if any of the following applies: