AB655: Bill Text

AB655, s. 40 Section 40. 30.12 (3) (d) of the statutes is repealed.

AB655, s. 41 Section 41. 30.12 (3m) of the statutes is created to read:

AB655,30,8 30.12 (3m) Individual permits. (a) For a structure or deposit that is not exempt under sub. (1g) and that is not subject to a general permit under sub. (3), a riparian owner may apply to the department for the individual permit that is required under sub. (1d) in order to place the structure for the owner's use or to deposit the material.

AB655,30,10 (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

AB655,30,13 (c) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply:

AB655,30,14 1. The structure or deposit will not materially obstruct navigation.

AB655,30,15 2. The structure or deposit will not be detrimental to the public interest.

AB655,30,17 3. The structure or deposit will not materially reduce the flood flow capacity of a stream.

AB655, s. 42 Section 42. 30.12 (4) (title) of the statutes is repealed.

AB655, s. 43 Section 43. 30.12 (4) (a) of the statutes is renumbered 30.2022 (1) and amended to read:

AB655,31,5 30.2022 (1) Activities affecting waters of the state , as defined in s. 281.01 (18), 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, 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 waters of the state.

AB655, s. 44 Section 44. 30.12 (4) (b) of the statutes is renumbered 30.2022 (2) and amended to read:

AB655,31,11 30.2022 (2) The exemption under par. (a) sub. (1) 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.

AB655, s. 45 Section 45. 30.12 (4) (c) of the statutes is renumbered 30.2022 (3) and amended to read:

AB655,31,22 30.2022 (3) 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.

AB655, s. 46 Section 46. 30.12 (4) (d) of the statutes is renumbered 30.2022 (4).

AB655, s. 47 Section 47. 30.12 (4) (e) of the statutes is renumbered 30.2022 (5) and amended to read:

AB655,32,3 30.2022 (5) 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.

AB655, s. 48 Section 48. 30.12 (4) (f) of the statutes is renumbered 30.2022 (6) and amended to read:

AB655,32,7 30.2022 (6) This subsection section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).

AB655, s. 49 Section 49. 30.12 (4m) (title) of the statutes is repealed.

AB655, s. 50 Section 50. 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended to read:

AB655,32,14 30.12 (1m) (c) (intro.) Subsection (1) does not apply to a 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 is exempt from the permit requirements under this section if either of the following applies:

AB655, s. 51 Section 51. 30.12 (5) of the statutes is repealed.

AB655, s. 52 Section 52. 30.121 (3w) of the statutes is created to read:

AB655,32,19 30.121 (3w) Exception; commercial boathouses. Notwithstanding subs. (2) and (3), a person may construct, repair, or maintain a boathouse if all of the following apply:

AB655,32,21 (a) The boathouse is used exclusively for commercial purposes and does not contain any living quarters.

AB655,32,24 (b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 560.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).

AB655,33,3 (c) The boathouse is located within a harbor that is being operated as a commercial enterprise or is located on a river that is a tributary of Lake Michigan or Lake Superior.

AB655,33,6 (d) The person has been issued any applicable individual permits under this subchapter and is in compliance with any applicable general permitting requirements under this subchapter.

AB655, s. 53 Section 53. 30.123 (title) of the statutes is repealed and recreated to read:

AB655,33,8 30.123 (title) Bridges and culverts.

AB655, s. 54 Section 54. 30.123 (1) of the statutes is renumbered 30.1235 and amended to read:

AB655,33,15 30.1235 Municipal bridge construction. Municipalities which construct or reconstruct highway bridges shall not be required to obtain permits under this section or s. 30.10 or s. 30.12 or 30.123 for such that construction or reconstruction. All municipal highway bridges shall be constructed or reconstructed in accordance with standards developed under s. 84.01 (23).

AB655, s. 55 Section 55. 30.123 (2) of the statutes is amended to read:

AB655,34,2 30.123 (2) Permits required. Except as provided in sub. (1) and s. 30.12 (4) Unless an individual or general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or culvert 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.

AB655, s. 56 Section 56. 30.123 (3) of the statutes is repealed.

AB655, s. 57 Section 57. 30.123 (4) of the statutes is renumbered 30.123 (8) (c) and amended to read:

AB655,34,12 30.123 (8) (c) 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 an individual permit if the proposed pursuant to an application under par. (a) if the department finds that the bridge or culvert 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.

AB655, s. 58 Section 58. 30.123 (5) of the statutes is repealed.

AB655, s. 59 Section 59. 30.123 (6) of the statutes is created to read:

AB655,34,15 30.123 (6) Exemptions. Subsection (2) does not apply to any of the following:

AB655,34,17 (a) The construction and maintenance of highway bridges to which s. 30.1235 applies.

AB655,34,19 (b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.

AB655,34,21 (c) The construction and maintenance of culverts that have an inside diameter that does not exceed 48 inches and that are part of private roads or private driveways.

AB655, s. 60 Section 60. 30.123 (7) of the statutes is created to read:

AB655,34,24 30.123 (7) General permits. (a) The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:

AB655,35,2 1. Construct and maintain a bridge that will cross a navigable water that is less than 35 feet wide.

AB655,35,4 2. Construct and maintain a culvert that has an inside diameter that does not exceed 60 inches.

AB655,35,7 (b) The department may promulgate rules that specify bridges or culverts, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655, s. 61 Section 61. 30.123 (8) of the statutes is created to read:

AB655,35,13 30.123 (8) Individual permits. (a) For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6) and that is not subject to a general permit under sub. (7), a person may apply to the department for the individual permit that is required under sub. (2) in order to construct or maintain a bridge or culvert.

AB655,35,15 (b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).

AB655, s. 62 Section 62. 30.13 (1) of the statutes is repealed.

AB655, s. 63 Section 63. 30.13 (1m) (intro.) of the statutes is amended to read:

AB655,35,21 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:

AB655, s. 64 Section 64. 30.13 (1m) (b) of the statutes is amended to read:

AB655,35,24 30.13 (1m) (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

AB655, s. 65 Section 65. 30.13 (2) of the statutes is repealed.

AB655, s. 66 Section 66. 30.13 (4) (a) of the statutes is amended to read:

AB655,36,6 30.13 (4) (a) Interferes with public rights. A wharf or pier which interferes with public rights in navigable waters constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

AB655, s. 67 Section 67. 30.13 (4) (b) of the statutes is amended to read:

AB655,36,12 30.13 (4) (b) Interferes with riparian rights. A wharf or pier which interferes with rights of other riparian proprietors owners constitutes an unlawful obstruction of navigable waters unless a permit is issued for the wharf or pier is authorized under a permit issued under s. 30.12 or unless other authorization for the wharf or pier is expressly provided.

AB655, s. 68 Section 68. 30.13 (4) (d) of the statutes is repealed.

AB655, s. 69 Section 69. 30.131 (1) (intro.) of the statutes is amended to read:

AB655,36,20 30.131 (1) (intro.) Notwithstanding s. 30.133, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) (1d) and 30.13 that abuts riparian land and that is placed in a navigable water by a person other than the owner of the riparian land may not be considered to be an unlawful structure on the grounds that it is not placed and maintained by the owner if all of the following requirements are met:

AB655, s. 70 Section 70. 30.135 (1) (title) of the statutes is repealed.

AB655, s. 71 Section 71. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (1) (intro.) and amended to read:

AB655,37,2 30.135 (1) (intro.) A riparian proprietor may place owner placing a water ski platform or water ski jump in a navigable waterway without obtaining a is exempt from the permit requirements under this chapter if all of the following requirements are met:

AB655, s. 72 Section 72. 30.135 (1) (a) 1. of the statutes is renumbered 30.135 (1) (a).

AB655, s. 73 Section 73. 30.135 (1) (a) 2. of the statutes is renumbered 30.135 (1) (b) and amended to read:

AB655,37,7 30.135 (1) (b) The platform or jump does not interfere with rights of other riparian proprietors owners.

AB655, s. 74 Section 74. 30.135 (1) (a) 3. of the statutes is renumbered 30.135 (1) (c).

AB655, s. 75 Section 75. 30.135 (1) (b) of the statutes is renumbered 30.135 (2) and amended to read:

AB655,37,14 30.135 (2) If the department determines that any of the requirements under par. (a) sub. (1) are not met, the riparian owner shall submit a permit an application for an individual permit to the department. The notice and hearing provisions under s. 30.208 (3) to (5) apply to the application.

AB655, s. 76 Section 76. 30.135 (2), (3) and (4) of the statutes are repealed.

AB655, s. 77 Section 77. 30.18 (2) (a) (intro.) of the statutes is amended to read:

AB655,37,19 30.18 (2) (a) Streams. (intro.) No person may divert water from a stream in this state without a an individual permit under this section if the diversion meets either of the following conditions:

AB655, s. 78 Section 78. 30.18 (2) (b) of the statutes is amended to read:

AB655,37,25 30.18 (2) (b) Streams or lakes. No person, except a person required to obtain an approval under s. 281.41, may divert water from any lake or stream in this state without a individual permit under this section if the diversion will result in a water loss averaging 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.

AB655, s. 79 Section 79. 30.18 (4) (a) of the statutes is amended to read:

AB655,38,9 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.02 (3) and (4) 30.208 (3) to (5). In addition to the notice requirements providing notice as required under s. 30.02 (3) and (4) 30.208 (3) to (5), the department shall mail a copy of the notice to every person upon whose land any part of the canal or any other structure will be located, to the clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the diversion will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB655, s. 80 Section 80. 30.18 (6) (b) of the statutes is amended to read:

AB655,38,14 30.18 (6) (b) Use of water. A person issued a permit under this section for the purpose of irrigation or agriculture may use the water on any land contiguous to the permittee's riparian land, but may not withdraw more water than it did before August 1, 1957, without applying to the department for a modification of the permit.

AB655, s. 81 Section 81. 30.18 (9) of the statutes is repealed.

AB655, s. 82 Section 82. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.) and amended to read:

AB655,38,20 30.19 (1g) Permits required. (intro.) Unless a an individual or general 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:

AB655, s. 83 Section 83. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

AB655,39,2 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.