AB514: Bill Text

AB514,65,14 2. The objection contained in the request is not a substantive written objection.

AB514,65,19 (d) The department shall determine that an objection is substantive if the department determines that the supporting facts contained in the objection under par. (b) 2. appear to be substantially true and raise reasonable doubts as to whether provisions of this subchapter may be violated if the permit is issued or the contract is entered into.

AB514,65,25 (e) In making the determination under par. (d), the department may request additional information from the person requesting a contested case hearing, and the person shall submit the requested information within 14 days after receiving the request. If the person fails to submit the requested information within 14 days, the department shall make a determination that the objection is not a substantive objection.

AB514,66,3 (f) If the department denies an application under par. (c) or sub. (1) or (5) (c), the applicant may request in writing a contested case hearing within 30 days after receiving the denial.

AB514,66,8 (4) Referral for hearing. If the request for a contested case hearing complies with sub. (3) (a) and (b), the objection contained in the request is a substantive objection, and no mediation is pending under sub. (5), the department shall authorize the contested case hearing and notify the division of hearings and appeals under s. 227.43 (2) (a).

AB514,66,15 (5) Mediation. (a) At any time after notice has been given under sub. (2) and before the date on which the contested case hearing will begin, the department shall allow for mediation if the department, the applicant for the permit or contract, any person who requests a contested case hearing on the permit or contract,and any person with a substantial interest in the permit or the contract all agree to mediation. The participants shall determine how the mediator is to be selected and compensated.

AB514,66,20 (b) If the mediator determines that an agreement cannot be reached by mediation, the mediator shall certify the mediation as having ended. Within 30 days after the date on which the mediation is certified as having ended, any participant in the mediation may request in writing to the department that the department proceed on the application.

AB514,66,23 (c) If the department does not receive a request under par. (b) within the 30-day period, the department shall either approve the application without a hearing or deny the application.

AB514,67,2 (6) Hearing. (a) Upon receiving notification from the department under this subsection, the division of hearings and appeals shall assign a hearing examiner and shall ensure that the hearing is conducted within 60 days after the notification is received.

AB514,67,5 (b) The division of hearings and appeals shall give notice of the hearing at least 10 days before the hearing to the applicant, to each person who was given notice under sub. (2) (a), and to each person who requested a contested case hearing.

AB514,67,11 (c) The applicant shall publish a class 1 notice, under ch. 985, of the contested case hearing in a newspaper, designated by the department, that is likely to give notice in the area to be affected by the permit or contract. The notice shall be published at least 10 days before the hearing. The applicant shall file proof of publication under this paragraph with the hearing examiner at or before the hearing.

Note: The notice and hearing provisions in current s. 30.02 are repealed and recreated here. The basic structure of this statute remains the same: the notice and hearing procedures apply to any permit or contract in which a notice and hearing is required by direct cross-reference to this section. In any other statute that provides a permit or contract for activities in navigable waters, the DNR may apply the notice and hearing procedures if the substantial interests of any party may be adversely affected by the proceeding. The statute provides a time frame within a contested case hearing may be requested and requires various notices to be mailed or published.

Proposed ss. 30.244, 30.245, and 30.246 have several major additions compared to the current statute. The first difference is that the current statute does expressly provide that the DNR may deny the application for a permit or contract. The current statute requires the DNR either to schedule a hearing or issue notice that it will proceed without a hearing unless a request for hearing is made. As a result, an individual who opposes a permit must request a hearing, even if the DNR expects to deny the application. The new procedure allows the DNR to deny the application for a permit or contract, and the applicant may request a contested case hearing on this decision.

The 2nd difference is that the DNR is directed to post notice of the complete permit or contract application and the opportunity to request a hearing on the Internet. In addition, a provision in the current statute requiring the DNR to provide notice to any person who requests notice of projects of that type, location or other classification is eliminated. Also, notice is required to affected town sanitary districts, public inland lake protection and rehabilitation districts and county drainage boards.

The 3rd difference is that a mediation option is provided. There is no comparable provision in the current statute. The applicant and DNR must agree to be a party to the mediation. The mediation process is primarily expected to address issues of concern to owners of property near the proposed project. If an agreement is not reached in mediation, the parties to the mediation may request a contested case hearing.

The 4th difference is that the requirement of a substantive written objection, which is a condition for obtaining a contested case hearing under the current statute, is clarified and made more detailed. The current statute requires the objector to state why the project may violate statutory provisions applicable to the project. The purpose of this requirement is to avoid contested case hearings when there is not merit to the challenge--i.e., the facts alleged by the objector are not true or do not relate to the legal standards for issuing or denying the permit. The special committee believes that the current statute, as administered by DNR, has not been sufficient to avoid challenges to permits in contested case hearings that are ultimately determined to be without merit. This bill adds to the information that must be submitted by the objector, allows the department to request additional information from the objector, and requires the department to do a thorough evaluation of the grounds for the objection, both legal and factual.

This provision omits the option for the department to schedule a public hearing upon receipt of an application, rather than providing notice of the application. This option is no longer necessary if the department is given authority to deny an application, as provided in this section.

AB514, s. 217 Section 217. 30.25 of the statutes is renumbered 30.269.

AB514, s. 218 Section 218. 30.253 of the statutes is created to read:

AB514,68,6 30.253 Permit or contract conditions. The department may impose additional conditions on a permit or contract under this subchapter if the department determines that the conditions are necessary to ensure compliance with any applicable provision under this subchapter.

AB514, s. 219 Section 219. 30.26 of the statutes is renumbered 30.271.

AB514, s. 220 Section 220. 30.263 (title) and (1) (title) of the statutes are created to read:

AB514,68,10 30.263 (title) Duck Creek Drainage District. (1) (title) Declaration of navigability.

AB514, s. 221 Section 221. 30.265 of the statutes is renumbered 30.375.

AB514, s. 222 Section 222. 30.266 (1) (intro.) of the statutes is created to read:

AB514,68,13 30.266 (1) Definitions. (intro.) In this section:

AB514, s. 223 Section 223. 30.27 of the statutes is renumbered 30.273.

AB514, s. 224 Section 224. 30.275 of the statutes, as affected by 2003 Wisconsin Act 33, is renumbered 30.359.

AB514, s. 225 Section 225. 30.277 of the statutes, as affected by 2003 Wisconsin Act 33, is renumbered 30.361.

AB514, s. 226 Section 226. 30.28 of the statutes is renumbered 30.243, and 30.243 (1), (2) (a) (intro.) and (b), (2m) (am), (b) and (d) and (2r) (b), as renumbered, are amended to read:

AB514,69,7 30.243 (1) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27 this subchapter. The permit or approval fee shall accompany the permit application, notice, or request for approval.

AB514,69,13 (2) (a) (intro.) For fees charged for permits and approvals under ss. 30.10 to 30.205 and 30.21 to 30.27 this subchapter, except s. 30.223, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating, and making determinations whether to grant issue the permits or approvals. The department shall then set the fees as follows:

AB514,69,15 (b) 1. For an application for a general permit submitted under s. 30.207 30.223 (3), the fee shall be $2,000.

AB514,69,16 2. For a notice submitted under s. 30.207 30.223 (7), the fee shall be $100.

AB514,69,19 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. if the department denies an application for a general permit under s. 30.207 30.223 (3) (d) 1. or does not issue a general permit under s. 30.207 30.223 (6).

AB514,69,23 (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 30.223 (7) after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB514,70,2 (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207 30.223.

AB514,70,5 (2r) (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant issue the permit or approval.

AB514, s. 227 Section 227. 30.29 of the statutes is renumbered 30.86.

AB514, s. 228 Section 228. 30.292 of the statutes is repealed.

Note: The repealed provision relates to parties to a violation. An identical provision that applies to ch. 30 in its entirety already exists in s. 30.99.

AB514, s. 229 Section 229. 30.294 of the statutes is renumbered 30.86.

AB514, s. 230 Section 230. 30.298 (title) of the statutes is repealed.

AB514, s. 231 Section 231. 30.298 (1) of the statutes is renumbered 30.381 (1) and amended to read:

AB514,70,17 30.381 (1) General penalty. Any person who violates any provision of ss. 30.12 to 30.21 30.095, 30.123, 30.135 to 30.20, 30.217, 30.223, 30.266, 30.276 to 30.293, 30.313, 30.355, or 30.85 for which a penalty is not provided under the applicable section or by sub. (2) or (3) subs. (2) to (7) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.

AB514, s. 232 Section 232. 30.298 (2) of the statutes is renumbered 30.381 (6).

AB514, s. 233 Section 233. 30.298 (3) of the statutes is renumbered 30.381 (7) and amended to read:

AB514,71,2 30.381 (7) General permits. Any person who violates s. 30.206 30.221 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.

AB514, s. 234 Section 234. 30.298 (4) of the statutes is renumbered 30.98 (3) and amended to read:

AB514,71,7 30.98 (3) A violation of a permit, contract, or order issued under this chapter, or a violation of a condition or term under the permit, contract, or order, is a violation of the statute under which the permit, contract, or order was issued.

AB514, s. 235 Section 235. 30.298 (5) of the statutes is renumbered 30.381 (8) and amended to read:

AB514,71,15 30.381 (8) Additional orders. In addition to the any forfeitures specified under subs. (1) to (3), (6), and (7), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource, or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.

AB514, s. 236 Section 236. Subchapter III (title) of chapter 30 [precedes 30.30] of the statutes is renumbered subchapter IV (title) of chapter 30 [precedes 30.491].

AB514, s. 237 Section 237. 30.30 of the statutes is renumbered 30.491, and 30.491 (5) and (7), as renumbered, are amended to read:

AB514,71,24 30.491 (5) Acquisition of land. Acquire such lands or interests therein as it deems necessary for properly carrying out its powers under this chapter subchapter, including such lands outside the municipal limits as are necessary to protect its property or to carry out its powers under sub. (3). Such acquisition may be by condemnation proceedings.

AB514,72,5 (7) Doing of work. Contract for the doing of the work authorized by this section or purchase the necessary equipment for the doing of the work itself, but if the municipality has established a board of harbor commissioners such board shall have charge of the letting of contracts and shall supervise the doing of the work, except as provided in ss. 30.31 30.492 (1) and 30.32 30.493 (2).

AB514, s. 238 Section 238. 30.31 of the statutes is renumbered 30.492, and 30.492 (1), (4) and (6), as renumbered, are amended to read:

AB514,72,18 30.492 (1) Supervision of work. In exercising the powers granted by s. 30.30 30.491 (1) to (3), a municipality shall be governed by the law governing the laying out, improvement, and repair of streets and bridges in such municipality, so far as applicable, except that no petition of property owners for doing any such work is necessary. If the municipality has established a board of harbor commissioners, such board shall be in charge of the work unless the board determines that it is not equipped to supervise the work and by resolution delegates such function to the agency which ordinarily performs such function for the municipality. If the municipality does not have a board of harbor commissioners, the municipality's board of public works or, in the event there is no such board, the municipality's governing body shall be in charge of the work.

AB514,72,24 (4) Acquisition of land. In acquiring land by condemnation for any of the purposes specified in this chapter subchapter, a municipality shall be governed by the law relating to condemnation of land for public grounds or street purposes. Whenever land is acquired through a land contract arrangement, such contract may create a lien on such lands for the purchase price and interest thereon but shall not create any liability therefor on the part of the municipality.

AB514,73,14 (6) Special assessments. Special assessments for benefits to lands, when authorized by s. 30.30 30.491 (4), shall be made and enforced as provided by s. 66.0703, except that at any time within the 90-day period immediately following the publication of the final resolution as required by s. 66.0703 (8) (d), the owner of any property along which such improvement is to be made may elect to make the improvement along the owner's property at the owner's expense in accordance with the approved plans and specifications or in a manner which conforms to good engineering practice and which provides for materials and designs which, with respect to strength and permanence, are at least equal to the requirements of the approved plans and specifications. If the owner makes the improvement at the owner's expense, no assessment of benefits shall be made therefor. If such owner fails to commence the work within the 90-day period specified herein or fails to carry on and complete the work with due diligence, the work may be done or completed by the municipality and assessment of benefits made therefor.

AB514, s. 239 Section 239. 30.32 of the statutes is renumbered 30.493.

AB514, s. 240 Section 240. 30.323 (title) of the statutes is created to read:

AB514,73,17 30.323 (title) Pierhead lines.

AB514, s. 241 Section 241. 30.327 (title) of the statutes is created to read:

AB514,73,19 30.327 (title) Municipal duty to report violations.

AB514, s. 242 Section 242. 30.33 of the statutes is renumbered 30.494.

AB514, s. 243 Section 243. 30.34 of the statutes is renumbered 30.495, and 30.495 (1), (2), (3) (a) and (4), as renumbered, are amended to read:

AB514,74,3 30.495 (1) Harbor fund to be created. All municipalities operating a public harbor through a board of harbor commissioners shall establish in the municipal treasury a revolving fund to be known as the "harbor fund". Moneys for such fund may be raised by appropriation from the general fund or by taxation or loan as other moneys in the general fund are raised. Moneys in such fund may be expended only as provided in s. 30.38 30.498 (13).

AB514,74,17 (2) Financing dock walls and shore protection walls. A municipality may pay either or both the assessable and nonaccessible parts of the cost of the construction, maintenance, or repair of any dock wall or shore protection wall, authorized by s. 30.30 30.491 (3), out of its general fund or other available funds, or it may finance such work through the issuance of its negotiable bonds as provided in ch. 67, except that it is not necessary to include such bonds in the municipal budget or to submit the question of their issuance to a referendum vote of the electors. The bonds shall be serial bonds, shall be payable at any time within 10 years, and shall bear interest payable either annually or semiannually as the governing body determines. The bonds shall be a direct obligation of the municipality and the full faith and credit of the municipality shall be pledged for their payment. No such bonds shall be issued unless at or before the time of their issuance the governing body levies a direct annual tax sufficient to pay the principal and interest thereon as they fall due.

AB514,74,24 (3) (a) Any municipality may, with the consent of its board of harbor commissioners, finance the cost of acquisition, construction, alteration , or repair of any harbor facility by issuing evidences of indebtedness payable only out of the revenue obtained from the public harbor facilities. Such evidences of indebtedness may be revenue bonds, refunding bonds, or bond anticipation notes issued under s. 30.35 30.496 or 66.1103 or may be pledges or assignments of net profits, issued pursuant to s. 66.0621 (5) as if the harbor facility were a public utility.

AB514,75,6 (4) Emergency repair fund. Any municipality having established a board of harbor commissioners to operate its harbor facilities may create a contingent fund for the purpose of permitting the secretary of the board to pay for repairs to harbor facilities which constitute emergency repairs within the meaning of s. 30.32 30.493 (4). The secretary may pay for such repairs out of such fund on the secretary's signature alone.

AB514, s. 244 Section 244. 30.341 (title) of the statutes is created to read:

AB514,75,8 30.341 (title) Activities of department of transportation.

AB514, s. 245 Section 245. 30.341 (1) of the statutes is created to read:

AB514,75,11 30.341 (1) In this section, "inland waters" has the meaning given in s. 29.001 (45).

AB514, s. 246 Section 246. 30.343 (title) of the statutes is created to read:

AB514,75,13 30.343 (title) Activities of board of commissioners of public lands.

AB514, s. 247 Section 247. 30.35 of the statutes is renumbered 30.496, and 30.496 (6), as renumbered, is amended to read:

AB514,76,2 30.496 (6) Bondholders and noteholders have lien. Title to all of the harbor facilities for which revenue bonds, refunding bonds, or bond anticipation notes are issued remains in the municipality, but a statutory lien exists in favor of the bondholders and noteholders against the facilities which have been acquired, constructed, altered, or remodeled and the cost of which has been financed with funds obtained through the issuance of such bonds and notes. To provide further security for the bondholders and noteholders, the ordinance or resolution authorizing the issuance of revenue bonds, refunding bonds, or bond anticipation notes may provide for a pledge of the revenues of the facilities, including, if the facilities are leased under sub. (6) this subsection, an assignment of all or part of the municipality's rights as lessor.

AB514, s. 248 Section 248. 30.37 of the statutes is renumbered 30.497, and 30.497 (6) and (7), as renumbered, are amended to read:

AB514,76,15 30.497 (6) Effect of revision on existing harbor boards. Boards of harbor commissioners, harbor commissions, or dock and harbor boards in existence on January 1, 1960, are deemed to be valid boards of harbor commissioners as if created pursuant to this section and are vested with all of the powers and duties conferred upon boards of harbor commissioners by this chapter subchapter. The members of such boards may continue to hold office until their terms expire, notwithstanding any provision of this section which would otherwise disqualify them, but appointments made after January 1, 1960, shall be made only in accordance with this section. Nothing in this subsection is intended to prevent a municipality by resolution from abolishing its board of harbor commissioners, harbor commission, or dock and harbor board.

AB514,76,23 (7) Milwaukee County. Milwaukee County, with respect to the land ceded or granted to Milwaukee County as described in 1997 Wisconsin Act 70, section 3, may directly exercise all of the powers and perform all of the duties conferred on a board of harbor commissioners under ss. 30.34, 30.35 and 30.38 30.495, 30.496, and 30.498, but Milwaukee County may not create a board of harbor commissioners if sub. (1) (b) applies. Milwaukee County shall have exclusive jurisdiction over the operation, administration, maintenance, improvement, alteration, and repair of any marina facility or marina related anchorage located on this land.

AB514, s. 249 Section 249. 30.38 of the statutes is renumbered 30.498, and 30.498 (3) and (13) (a) and (b), as renumbered, are amended to read:

AB514,77,5 30.498 (3) Contract procedures. In the letting of work relative to the construction, repair, or maintenance of a harbor or harbor facility or in the purchase of equipment, supplies, or materials relative to carrying out its powers and duties, a board of harbor commissioners shall be governed by the procedures and requirements set forth in s. 30.32 30.493.

AB514,77,13 (13) (a) All moneys appropriated to a board of harbor commissioners, all revenues derived from the operation of the public harbor except in the case of a joint harbor revenue from joint improvements before division thereof, and all other revenues of the board shall be paid into the municipal treasury and credited to the harbor fund, except that revenues assigned or pledged under s. 30.35 30.496 (6) or 66.1103 shall be paid into the fund or funds provided for in the ordinance or resolution authorizing the issuance of the bonds and shall be applied in accordance with that ordinance or resolution.

AB514,78,2 (b) Subject to the limitations and conditions otherwise expressed in this section and to a budget approved by the municipal governing body, moneys in the harbor fund may be used for the acquisition, construction, improvement, repair, maintenance, operation, and administration of the public harbor and harbor facilities and for the acquisition, chartering, and operation of vessels under sub. (8) (b) 3. Except as provided in s. 30.34 30.495 (4), such moneys shall be paid out of the harbor fund only on orders signed by the president and secretary of the board, or some other official authorized by the board, after the allowance of claims by the board or on orders entered in the minutes of the board. Disbursements from the harbor fund shall be audited as other municipal disbursements are audited; however, the board may determine on some other procedure it deems appropriate for the consideration of claims and the reporting thereof notwithstanding the provisions of this paragraph. If a procedure other than that set forth in this paragraph is prescribed by the board, the approval of the chief auditing officer shall be obtained.

AB514, s. 250 Section 250. 30.381 (title) of the statutes is created to read:

AB514,78,4 30.381 (title) Subchapter penalties.

AB514, s. 251 Section 251. 30.381 (3) (title) of the statutes is created to read: