AB514: Bill Text

Note: Under current law, the DNR does not have general authority to issue a permit under s. 30.12 to "deposit any material". This section allows the DNR to issue a permit to deposit material upon the bed of a navigable water, but uses a different standard for the DNR to make its determination. This bill adds an additional criterion for approval of a permit to deposit material in navigable waters--the deposit must "promote public rights and interests in navigable waters".

AB514, s. 63 Section 63. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB514,25,15 30.12 (3) (a) (intro.) Unless the department decides to deny a permit as authorized in par. (b), the department shall issue a permit to a riparian owner to do any of the following:

AB514, s. 64 Section 64. 30.12 (3) (a) 6. of the statutes is amended to read:

AB514,26,2 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no permit may be granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of if there is a boathouse over navigable waters adjacent to the owner's property.

AB514, s. 65 Section 65. 30.12 (3) (a) 9. of the statutes is created to read:

AB514,26,6 30.12 (3) (a) 9. Place an intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25% of the width of the channel in which it is placed.

AB514, s. 66 Section 66. 30.12 (3) (am) of the statutes is created to read:

AB514,26,10 30.12 (3) (am) The department may promulgate rules that identify deposits or structures, in addition to those listed in par. (a), to which the permitting procedures under this subsection apply.

Note: A new "short form" permit is added in new s. 30.12 (4) (a) 10. for intake and outfall structures.

AB514, s. 67 Section 67. 30.12 (3) (b) of the statutes is repealed and recreated to read:

AB514,26,13 30.12 (3) (b) The department may deny a permit for a structure or deposit specified in par. (a) if the department finds that any of the following applies:

AB514,26,14 1. The structure or deposit will materially obstruct navigation.

AB514,26,15 2. The structure or deposit will be detrimental to the public interest.

AB514, s. 68 Section 68. 30.12 (3) (bg) of the statutes is created to read:

AB514,26,19 30.12 (3) (bg) If the department denies a permit under par. (b), the department shall notify the applicant in writing. The procedures under ss. 30.244, 30.245, and 30.246 do not apply to a permit application submitted under this subsection.

AB514, s. 69 Section 69. 30.12 (3) (bn) of the statutes is amended to read:

AB514,27,5 30.12 (3) (bn) A riparian owner is exempt from the permit requirements under sub. (2) (1) and this subsection for a structure specified under par. (a) 2m. if the riparian owner places the structure in conformance with the standards established under par. (d) and if the riparian owner notifies the department in writing of the location of the structure at least 10 working days before it is placed and places the structure in conformity with standards established by the department. The department shall promulgate rules to establish standards governing the placement of structures specified under par. (a) 2m.

AB514, s. 70 Section 70. 30.12 (3) (br) of the statutes is created to read:

AB514,27,11 30.12 (3) (br) The department may promulgate rules that identify structures or deposits, in addition to those structures specified in par. (a) 2m., to which the requirements under sub. (1) do not apply. If the department promulgates such rules, the rules shall include standards and procedures governing the placement of the structures and the depositing of the materials.

AB514, s. 71 Section 71. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.276 (intro.) and amended to read:

AB514,27,18 30.276 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 30.223 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

AB514, s. 72 Section 72. 30.12 (3) (bt) 1. to 8. of the statutes are renumbered 30.276 (1) to (8).

AB514, s. 73 Section 73. 30.12 (3) (bt) 9. of the statutes is renumbered 30.276 (9).

AB514, s. 74 Section 74. 30.12 (3) (c) of the statutes is amended to read:

AB514,28,5 30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules may not govern the aesthetic features or color of boat shelters. The standards shall be designed to assure the structural soundness and durability of a boat shelter. A municipality may enact ordinances not inconsistent with this section or with rules promulgated under this section regulating the architectural features of boat shelters.

AB514, s. 75 Section 75. 30.12 (3) (d) of the statutes is repealed.

AB514, s. 76 Section 76. 30.12 (4) (title) of the statutes is repealed.

AB514, s. 77 Section 77. 30.12 (4) (a) of the statutes is renumbered 30.341 (2) and amended to read:

AB514,28,20 30.341 (2) Activities affecting inland waters of the state as defined in s. 281.01 (18) or outlying waters that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge , or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.601, 30.11 30.12, 30.123, 30.19, 30.195, 30.20, 30.321, 30.343, 59.692, 61.351, 62.231, or 87.30 or chs. 281 to 285 or 289 to 299, except s. 281.48. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the inland waters of the state or outlying waters.

AB514, s. 78 Section 78. 30.12 (4) (b) of the statutes is renumbered 30.341 (3) and amended to read:

AB514,29,2 30.341 (3) The exemption under par. (a) sub. (2) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.

AB514, s. 79 Section 79. 30.12 (4) (c) of the statutes is renumbered 30.341 (4) and amended to read:

AB514,29,13 30.341 (4) If the department determines that there is reasonable cause to believe that an activity being carried out under this subsection section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this subsection section, may proceed with enforcement actions as the secretary deems appropriate.

AB514, s. 80 Section 80. 30.12 (4) (d) of the statutes is renumbered 30.341 (5).

AB514, s. 81 Section 81. 30.12 (4) (e) of the statutes is renumbered 30.341 (6) and amended to read:

AB514,29,19 30.341 (6) Except as may be required otherwise under s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this subsection section.

AB514, s. 82 Section 82. 30.12 (4) (f) of the statutes is renumbered 30.341 (7) and amended to read:

AB514,29,23 30.341 (7) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

AB514, s. 83 Section 83. 30.12 (4m) of the statutes is renumbered 30.263 (2), and 30.263 (2) (intro.), as renumbered, is amended to read:

AB514,30,5 30.263 (2) Duck Creek Drainage District structures Structures and deposits. (intro.) Subsection Section 30.12 (1) does not apply to a structure or deposit that the drainage board for the Duck Creek Drainage District places in a drain that the board operates in the Duck Creek Drainage District if either of the following applies:

AB514, s. 84 Section 84. 30.12 (5) of the statutes is repealed.

AB514, s. 85 Section 85. 30.121 (title) and (2) to (3r) of the statutes are renumbered 30.281 (title) and (2) to (3r).

AB514, s. 86 Section 86. 30.121 (4) of the statutes is renumbered 30.281 (4) and amended to read:

AB514,30,19 30.281 (4) Major repair, abandoned structures and obstructions to navigation. The owner of a boathouse or a fixed houseboat which extends beyond the ordinary high-water mark of any navigable waterway and which is in a major state of disrepair or is a material obstruction to navigation may be ordered by the department to remove the structure from the waterway. The department shall follow the procedures set forth in s. 30.03 (4) (a) 30.96 (1) for ordering removal of a structure. If such a structure is abandoned and the department, after due diligence, cannot locate the owner, the department shall utilize the procedures set forth in s. 31.187 (1) for removing the abandoned structure.

AB514, s. 87 Section 87. 30.121 (5) and (6) of the statutes are renumbered 30.281 (5) and (6).

AB514, s. 88 Section 88. 30.121 (7) of the statutes is renumbered 30.381 (2) and amended to read:

AB514,31,4 30.381 (2) Penalties Boathouses and houseboats. Any person who constructs, owns, or maintains a boathouse or fixed houseboat in violation of this section s. 30.281 or in violation of any order issued under this section s. 30.281 shall forfeit not less than $10 nor more than $50 for each offense. Each day during which a structure boathouse or a fixed houseboat exists in violation of this section constitutes s. 30.281 is a separate offense.

AB514, s. 89 Section 89. 30.122 of the statutes is renumbered 30.217 and amended to read:

AB514,31,12 30.217 Unauthorized structures. All permanent alterations, deposits, or structures affecting navigable waters, other than boathouses, which were constructed before December 9, 1977 and which did not require a permit at the time of construction, shall be presumed in conformity with the law, unless a written complaint is filed within 180 days of December 9, 1977. Upon the filing of a complaint, the department shall proceed with an action to enforce the applicable statutes.

Note: The time period for filing a written complaint has long since expired, and has no bearing on current structures.

AB514, s. 90 Section 90. 30.123 (title) of the statutes is repealed and recreated to read:

AB514,31,14 30.123 (title) Regulation of bridges.

AB514, s. 91 Section 91. 30.123 (1) of the statutes is renumbered 30.213 (1) and amended to read:

AB514,31,21 30.213 (1) Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or s. 30.10 or 30.12 or 30.123 for such the construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

AB514, s. 92 Section 92. 30.123 (2) of the statutes is amended to read:

AB514,32,9 30.123 (2) Except as provided in sub. (1) and s. 30.12 (4) Unless a permit has been issued under sub. (4), no person may construct or maintain a bridge in, on, or over navigable waters unless a permit has been issued by the department under this section. The application for a permit shall contain the applicant's name and address, the proposed location of the bridge, a cross section and plan view of the navigable waters and adjacent uplands, a description of materials to be used in construction of the bridge, plans for the proposed bridge, evidence of permission to construct the bridge from the riparian owners and any other information required by the department.

AB514, s. 93 Section 93. 30.123 (3) of the statutes is repealed and recreated to read:

AB514,32,17 30.123 (3) For a permit for a bridge crossing a navigable water that is at least 35 feet wide, upon receipt of a complete application, the department shall either deny the application for the permit as provided in s. 30.246 (1) or shall give notice of receipt of the application for the permit as provided in s. 30.244. For a permit for a bridge crossing a navigable water that is less than 35 feet wide, 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. 94 Section 94. 30.123 (4) of the statutes is amended to read:

AB514,32,25 30.123 (4) The department shall review the plans for the proposed bridge to determine whether the proposed bridge will be an obstruction to navigation or will adversely affect the flood flow capacity of the stream. The department shall grant the issue a permit if the proposed applied for under this section if the department finds that the bridge will not materially obstruct navigation, will not materially reduce the effective flood flow capacity of a stream or be, and will not be detrimental to the public interest.

AB514, s. 95 Section 95. 30.123 (5) of the statutes is repealed.

Note: This repeals a requirement that bridges constructed over navigable streams be maintained in a safe condition, as determined by the DNR. The DNR does not have the expertise to review bridge safety and maintenance.

AB514, s. 96 Section 96. 30.123 (6) of the statutes is created to read:

AB514,33,3 30.123 (6) Subsections (2) to (4) do not apply to the following:

AB514,33,5 (a) The construction or reconstruction of highway bridges to which s. 30.213 applies.

AB514,33,7 (b) The construction, reconstruction, maintenance, or repair of bridges by the department of transportation in accordance with s. 30.341.

AB514, s. 97 Section 97. 30.124 of the statutes is renumbered 30.351, and 30.351 (1) (intro.), as renumbered, is amended to read:

AB514,33,14 30.351 (1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds that the activity will not adversely affect the public interest or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

AB514, s. 98 Section 98. 30.1255 of the statutes is renumbered 30.352.

AB514, s. 99 Section 99. 30.126 (title) and (2) to (9) of the statutes are renumbered 30.266 (title) and (2) to (9), and 30.266 (5) (g), as renumbered, is amended to read:

AB514,34,3 30.266 (5) (g) May not have improper flotation devices. No person may construct, place, or maintain a fishing raft on authorized portions of the Wolf River unless each flotation device used on the fishing raft is clean and uncontaminated, properly attached to the fishing raft, and properly maintained in conformity with minimum standards established by the department by rule. The department shall establish minimum standards for the condition, attachment, and maintenance of flotation devices used on fishing rafts. This paragraph applies to any device used to provide flotation for a fishing raft, including each individual barrel or styrofoam coffin.

AB514, s. 100 Section 100. 30.126 (10) (title) and (a) (title) of the statutes are repealed.

AB514, s. 101 Section 101. 30.126 (10) (a) of the statutes is renumbered 30.381 (3) (a) and amended to read:

AB514,34,11 30.381 (3) (a) A person who violates this section, any rule promulgated under this section s. 30.266 or any order issued by the department under this section s. 30.266 shall forfeit not less than $10 nor more than $250 for each offense. Each day of violation constitutes during which a fishing raft exists in violation of s. 30.266 is a separate offense.

AB514, s. 102 Section 102. 30.126 (10) (b) (title) of the statutes is repealed.

AB514, s. 103 Section 103. 30.126 (10) (b) of the statutes is renumbered 30.381 (3) (b) and amended to read:

AB514,34,18 30.381 (3) (b) A person who violates any ordinance adopted or order issued by the municipality under this section s. 30.266 is subject to the penalty established by ordinance. A Wolf River municipality may not establish this penalty at a level which is less severe than the penalty established under par. (a).

AB514, s. 104 Section 104. 30.13 (title) and (1) (intro.), (b) and (c) of the statutes are amended to read:

AB514,35,2 30.13 (title) Regulation of wharves, piers , and swimming rafts; establishment of pierhead lines. (1) Construction allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may construct a wharf or pier in a navigable waterway extending beyond the ordinary high-water mark or an established bulkhead line in aid of navigation without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,4 (b) The wharf or pier does not interfere with rights of other riparian proprietors owners.

AB514,35,6 (c) The wharf or pier does not extend beyond any pierhead line which is established under sub. (3) s. 30.323.

AB514, s. 105 Section 105. 30.13 (1m) (intro.) and (b) of the statutes are amended to read:

AB514,35,11 30.13 (1m) Swimming rafts allowed without permit under certain circumstances. (intro.) A riparian proprietor owner may place a swimming raft in a navigable waterway for swimming and diving purposes without obtaining a permit under s. 30.12 if all of the following conditions are met:

AB514,35,13 (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

AB514, s. 106 Section 106. 30.13 (3) (title) of the statutes is repealed.

AB514, s. 107 Section 107. 30.13 (3) of the statutes is renumbered 30.323 (1), and 30.323 (1) (a), as renumbered, is amended to read:

AB514,35,24 30.323 (1) (a) Any municipality authorized by s. 30.11 30.321 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

AB514, s. 108 Section 108. 30.13 (4) (b) of the statutes is amended to read: