AB655: Bill Text

AB655,41,2 30.19 (1m) (h) Grading or removal of topsoil from the bank of a navigable waterway that is not located in an area of special natural resource interest and where the area exposed by the grading or removal will exceed 10,000 square feet, if any of the following applies:

AB655,41,4 1. The grading or removal is authorized by a storm water discharge permit approved by the department under ch. 283.

AB655,41,6 2. The grading or removal is authorized under an ordinance under s. 59.692, 61.351, or 62.231.

AB655,41,8 3. The grading or removal is authorized by an erosion control plan pursuant to s. 101.653.

AB655, s. 96 Section 96. 30.19 (2) of the statutes is repealed.

AB655, s. 97 Section 97. 30.19 (3) of the statutes is repealed.

AB655, s. 98 Section 98. 30.19 (3r) of the statutes is created to read:

AB655,41,13 30.19 (3r) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize persons to do all of the following:

AB655,41,17 1. Engage in an activity specified in sub. (1g) (a) or (am) that is not exempt under sub. (1m) if the construction, dredging, or enlargement is authorized by a storm water discharge permit approved by the department under ch. 283 or a facility plan approved by the department under s. 281.41.

AB655,41,21 2. Engage in an activity specified in sub. (1g) (a) or (am) if the construction, dredging, or enlargement is designed to enhance wildlife habitat or wetlands, as defined in s. 23.32 (1), or if the construction, dredging, or enlargement affects a body of water that is less than one acre in area.

AB655,41,23 3. Engage in an activity specified in sub. (1g) (c) that is not exempt under sub. (1m) (h) if the area exposed by the grading or removal will exceed 10,000 square feet.

AB655,42,3 (b) The department may promulgate rules that specify other types of activities, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655, s. 99 Section 99. 30.19 (4) (title) of the statutes is amended to read:

AB655,42,5 30.19 (4) (title) Issuance of permit Individual permits.

AB655, s. 100 Section 100. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and amended to read:

AB655,42,11 30.19 (4) (c) (intro.) If the The department finds that the project will not injure public rights or interest, including fish and game habitat, that the project shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following apply:

AB655,42,13 2. The activity will not cause environmental pollution , as defined in s. 299.01 (4), that any.

AB655,42,16 3. 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.

AB655,42,20 4. 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 activity.

AB655, s. 101 Section 101. 30.19 (4) (a) of the statutes is created to read:

AB655,42,25 30.19 (4) (a) For activities that are not exempt under sub. (1m) and that are not subject to a general permit under sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under sub. (1g).

AB655, s. 102 Section 102. 30.19 (4) (b) of the statutes is created to read:

AB655,43,3 30.19 (4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

AB655, s. 103 Section 103. 30.19 (4) (c) 1. of the statutes is created to read:

AB655,43,5 30.19 (4) (c) 1. The activity will not be detrimental to the public interest.

AB655, s. 104 Section 104. 30.19 (5) of the statutes is amended to read:

AB655,43,14 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.

AB655, s. 105 Section 105. 30.195 (1) of the statutes is amended to read:

AB655,43,19 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.

AB655, s. 106 Section 106. 30.195 (1m) of the statutes is created to read:

AB655,43,23 30.195 (1m) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to change the course of or straighten a navigable stream under the following circumstances:

AB655,43,25 1. The change or straightening involves a relocation of less than a total of 500 feet in stream length.

AB655,44,2 2. The change or straightening involves a relocation of a stream with an average flow of less than 2 cubic feet per second.

AB655,44,5 (b) The department may promulgate rules that specify other circumstances, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655, s. 107 Section 107. 30.195 (2) of the statutes is repealed and recreated to read:

AB655,44,10 30.195 (2) Individual permits. (a) For activities that are not subject to a general permit under sub. (1m), a riparian owner may apply to the department for an individual permit in order to engage in activities for which a permit is required under sub. (1).

AB655,44,12 (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

AB655, s. 108 Section 108. 30.195 (3) (title) of the statutes is repealed.

AB655, s. 109 Section 109. 30.195 (3) of the statutes is renumbered 30.195 (2) (c) and amended to read:

AB655,44,18 30.195 (2) (c) Upon application therefor, the The department shall grant a issue an individual permit to the applied for under this section to a riparian owner if the department determines that all of the following apply:

AB655,44,21 1. 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.

AB655,44,23 2. 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.

AB655,45,3 3. 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.

AB655,45,10 4. 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 will be adversely affected, it may grant the permit only with their 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 or all of these riparian owners have consented to the issuance of the permit.

AB655, s. 110 Section 110. 30.195 (4) of the statutes is repealed.

AB655, s. 111 Section 111. 30.195 (7) of the statutes is repealed.

AB655, s. 112 Section 112. 30.196 (intro.) of the statutes is amended to read:

AB655,45,20 30.196 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 an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under s. 30.02 (3) and (4) 30.208 (3) to (5) if it finds that granting the permit:

AB655, s. 113 Section 113. 30.20 (1) (title) of the statutes is repealed and recreated to read:

AB655,45,22 30.20 (1) (title) Permits or contracts required.

AB655, s. 114 Section 114. 30.20 (1) (a) of the statutes is amended to read:

AB655,46,3 30.20 (1) (a) No Unless a contract has been entered into with the department under sub. (2) (a) or (b) or authorization has been granted by the legislature, no person may remove any material from the bed of any a natural navigable lake or from the bed of any outlying waters of this state without first obtaining a contract as provided in sub. (2).

AB655, s. 115 Section 115. 30.20 (1) (b) of the statutes is amended to read:

AB655,46,10 30.20 (1) (b) Except as provided under pars. (c) and (d), Unless an individual or general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not mentioned described under par. (a) without first obtaining a permit from the department under sub. (2) (c).

AB655, s. 116 Section 116. 30.20 (1) (c) 1. and 2. of the statutes are consolidated, renumbered 30.20 (1g) (a) 1. and amended to read:

AB655,46,19 30.20 (1g) (a) 1. Except as provided under subd. 2., a person may remove A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching. 2. The department may require a permit under sub. (2) (c) for a removal under subd. 1. only if it is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.

AB655, s. 117 Section 117. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.

AB655, s. 118 Section 118. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and amended to read:

AB655,47,5 30.20 (1g) (c) The A removal of material by the drainage board for the Duck Creek Drainage District may, without a permit under sub. (2) (c), remove material from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.

AB655, s. 119 Section 119. 30.20 (1g) (title) and (b) of the statutes are created to read:

AB655,47,7 30.20 (1g) (title) Exemptions.

AB655,47,11 (b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material will be placed in an upland area, the material is not being removed from an area of special natural resource interest, and if any of the following applies:

AB655,47,14 1. The removal will be from an area from which material has been previously removed, the removal is for maintenance purposes, and the material to be removed does not exceed 1,000 cubic yards.

AB655,47,16 2. The removal will be from an area from which no material has been previously removed and the material to be removed does not exceed 100 cubic yards.

AB655, s. 120 Section 120. 30.20 (1r) of the statutes is created to read:

AB655,47,19 30.20 (1r) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:

AB655,47,22 1. Remove material from an area from which material has been previously removed, the removal is for maintenance purposes, and the material to be removed is 1,000 or more cubic yards.

AB655,47,25 2. Remove material from an area from which no material has been previously removed and the material to be removed is 100 or more cubic yards but less than 1,000 cubic yards.

AB655,48,3 (b) The department may promulgate rules that specify other types of removals, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655, s. 121 Section 121. 30.20 (2) (title) of the statutes is amended to read:

AB655,48,5 30.20 (2) (title) Contracts for removal and individual permits.

AB655, s. 122 Section 122. 30.20 (2) (a) and (b) of the statutes are amended to read:

AB655,48,20 30.20 (2) (a) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any of the outlying waters, and for the lease or sale of the material. Every if the contract is consistent with public rights. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests of the state and. Each contract entered into under this paragraph shall also fix the amount of compensation to be paid to the state for the material so to be removed, except that no the contract may not require that any compensation may be paid for the material if the contract is with a municipality as defined in s. 281.01 (6) and the material is to be used for a municipal purpose and not for resale. No if the material will not be resold. Each contract entered into under this paragraph may not run for a longer period more than 5 years.

AB655,49,14 (b) The department, whenever consistent with public rights, may enter into contracts a contract on behalf of the state for the removal and lease or sale of any mineral, ore and, or other material from beneath the bed of a navigable lakes and waters, where the waters would water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation and for the lease and sale of such mineral, material and ore and provide the necessary regulations for all acts incident thereto. Every such. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain such any conditions as may be that the department determines are necessary for the protection of the public interest and the interests interest of the state , and. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the material, mineral and ore so mineral, ore, or other material to be removed. No Each contract entered into, pursuant to under this paragraph, shall may not run for a longer period more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.

AB655, s. 123 Section 123. 30.20 (2) (bn) of the statutes is created to read:

AB655,49,19 30.20 (2) (bn) For a removal that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (1r), a person may apply to the department for an individual permit that is required under sub. (1) (b) in order to remove material from the bed of any lake or stream not described under sub. (1) (a).

AB655, s. 124 Section 124. 30.20 (2) (c) of the statutes is amended to read:

AB655,50,2 30.20 (2) (c) A permit to remove material from the bed of any lake or stream not included in sub. (1) (a) may be issued by the department if it The department shall issue an individual permit pursuant to an application under par. (bn) if the department finds that the issuance of such a the permit will be consistent with the public interest in the water involved. A permit or contract issued under this paragraph may be issued for up to 10 years if the applicant notifies the department at least 30 days before removing any material lake or stream.

AB655, s. 125 Section 125. 30.20 (2) (d) of the statutes is created to read:

AB655,50,6 30.20 (2) (d) If an applicant for a permit under par. (bn) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years.

AB655, s. 126 Section 126. 30.20 (2) (e) of the statutes is created to read:

AB655,50,9 30.20 (2) (e) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application for a permit or contract under this subsection.

AB655, s. 127 Section 127. 30.201 of the statutes is created to read:

AB655,50,16 30.201 Financial assurance for nonmetallic mining. (1) If the department requires that financial assurance be provided as a condition for a permit under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:

AB655,50,17 (a) A certificate of deposit.

AB655,50,18 (b) An irrevocable letter of credit.

AB655,50,19 (c) An irrevocable trust.

AB655,50,20 (d) An escrow account.

AB655,50,21 (e) A government security.