AB655,47,1615 2. The removal will be from an area from which no material has been previously
16removed and the material to be removed does not exceed 100 cubic yards.
AB655, s. 120 17Section 120. 30.20 (1r) of the statutes is created to read:
AB655,47,1918 30.20 (1r) General permits. (a) The department shall issue statewide general
19permits under s. 30.206 that authorize any person to do all of the following:
AB655,47,2220 1. Remove material from an area from which material has been previously
21removed, the removal is for maintenance purposes, and the material to be removed
22is 1,000 or more cubic yards.
AB655,47,2523 2. Remove material from an area from which no material has been previously
24removed and the material to be removed is 100 or more cubic yards but less than
251,000 cubic yards.
AB655,48,3
1(b) The department may promulgate rules that specify other types of removals,
2in addition to those listed in par. (a), that may be authorized by statewide general
3permits.
AB655, s. 121 4Section 121. 30.20 (2) (title) of the statutes is amended to read:
AB655,48,55 30.20 (2) (title) Contracts for removal and individual permits.
AB655, s. 122 6Section 122. 30.20 (2) (a) and (b) of the statutes are amended to read:
AB655,48,207 30.20 (2) (a) The department, whenever consistent with public rights, may
8enter into contracts a contract on behalf of the state for the removal and lease or sale
9of any material from the bed of any navigable lake or of any of the outlying waters,
10and for the lease or sale of the material. Every
if the contract is consistent with public
11rights. A person seeking to enter into such a contract shall apply to the department.
12Each
contract entered into under this paragraph shall contain such any conditions
13as may be that the department determines are necessary for the protection of the
14public interest and the interests of the state and. Each contract entered into under
15this paragraph
shall also fix the amount of compensation to be paid to the state for
16the material so to be removed, except that no the contract may not require that any
17compensation may be paid for the material if the contract is with a municipality as
18defined in s. 281.01 (6) and the material is to be used for a municipal purpose and
19not for resale. No
if the material will not be resold. Each contract entered into under
20this paragraph may not run for a longer period more than 5 years.
AB655,49,1421 (b) The department, whenever consistent with public rights, may enter into
22contracts a contract on behalf of the state for the removal and lease or sale of any
23mineral, ore and, or other material from beneath the bed of a navigable lakes and
24waters, where the waters would
water that the state may own if the contract will be
25consistent with public rights and if the navigable water will
not be disturbed in the

1removal operation and for the lease and sale of such mineral, material and ore and
2provide the necessary regulations for all acts incident thereto. Every such
. A person
3seeking to enter into such a contract shall apply to the department. Each
contract
4entered into under this paragraph shall contain such any conditions as may be that
5the department determines are
necessary for the protection of the public interest and
6the interests interest of the state , and. Each contract entered into under this
7paragraph
shall also fix the compensation to be paid to the state for the material,
8mineral and ore so
mineral, ore, or other material to be removed. No Each contract
9entered into, pursuant to under this paragraph, shall may not run for a longer period
10more than 75 years. Should any doubt exist as to whether the state, in fact, owns
11such lake bed or stream bed such contract or lease shall be for such interests, if any,
12as the state may own. Title to the royalties to be paid when mining operations are
13begun shall be determined at such future time as royalties for ores so sold are paid
14or are due and payable.
AB655, s. 123 15Section 123. 30.20 (2) (bn) of the statutes is created to read:
AB655,49,1916 30.20 (2) (bn) For a removal that is not exempt under sub. (1g) and that is not
17subject to a general permit under sub. (1r), a person may apply to the department
18for an individual permit that is required under sub. (1) (b) in order to remove material
19from the bed of any lake or stream not described under sub. (1) (a).
AB655, s. 124 20Section 124. 30.20 (2) (c) of the statutes is amended to read:
AB655,50,221 30.20 (2) (c) A permit to remove material from the bed of any lake or stream
22not included in sub. (1) (a) may be issued by the department if it
The department
23shall issue an individual permit pursuant to an application under par. (bn) if the
24department
finds that the issuance of such a the permit will be consistent with the
25public interest in the water involved. A permit or contract issued under this

1paragraph may be issued for up to 10 years if the applicant notifies the department
2at least 30 days before removing any material
lake or stream.
AB655, s. 125 3Section 125. 30.20 (2) (d) of the statutes is created to read:
AB655,50,64 30.20 (2) (d) If an applicant for a permit under par. (bn) submits the application
5at least 30 days before the proposed date of the removal, the department may issue
6the permit for a period of up to 10 years.
AB655, s. 126 7Section 126. 30.20 (2) (e) of the statutes is created to read:
AB655,50,98 30.20 (2) (e) The notice and hearing provisions of s. 30.208 (3) to (5) apply to
9an application for a permit or contract under this subsection.
AB655, s. 127 10Section 127. 30.201 of the statutes is created to read:
AB655,50,16 1130.201 Financial assurance for nonmetallic mining. (1) If the
12department requires that financial assurance be provided as a condition for a permit
13under s. 30.19, 30.195, or 30.20 or for a contract under s. 30.20 for nonmetallic mining
14and reclamation, the financial assurance may be a bond or alternative financial
15assurance. An alternative financial assurance may include cash or any of the
16following:
AB655,50,1717 (a) A certificate of deposit.
AB655,50,1818 (b) An irrevocable letter of credit.
AB655,50,1919 (c) An irrevocable trust.
AB655,50,2020 (d) An escrow account.
AB655,50,2121 (e) A government security.
AB655,50,2222 (f) Any other demonstration of financial responsibility.
AB655,50,24 23(2) Any interest earned by the financial assurance shall be paid to the person
24operating the nonmetallic mining or reclamation project.
AB655, s. 128 25Section 128. 30.2022 (title) of the statutes is created to read:
AB655,51,1
130.2022 (title) Activities of department of transportation.
AB655, s. 129 2Section 129. 30.2026 (2) (d) of the statutes is amended to read:
AB655,51,53 30.2026 (2) (d) The village of Belleville shall create any artificial barrier under
4this section in compliance with all state laws that relate to navigable bodies of water,
5except s. 30.12 (1) and (2).
AB655, s. 130 6Section 130. 30.2026 (3) (a) of the statutes is amended to read:
AB655,51,167 30.2026 (3) (a) The village of Belleville shall maintain any artificial barrier
8created as authorized under sub. (1). If a landowner of more than 500 feet of Lake
9Belle View shoreline, a portion of which is located within 1,000 feet of any such
10artificial barrier, is dissatisfied with the manner in which the village of Belleville is
11maintaining the barrier, the owner may maintain the barrier in lieu of the village,
12upon approval of the department. The village or a landowner who maintains the
13barrier shall comply with all state laws that relate to navigable bodies of water,
14except s. 30.12 (1) and (2). The department may require the village of Belleville or
15the landowner to maintain the barrier in a structurally and functionally adequate
16condition.
AB655, s. 131 17Section 131. 30.206 (1) (title) of the statutes is created to read:
AB655,51,1818 30.206 (1) (title) Procedure for issuing general permits.
AB655, s. 132 19Section 132. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and
20amended to read:
AB655,52,821 30.206 (1) (a) For activities which require a permit or approval under ss. 30.12
22(3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a
23class of activities, according to rules promulgated by the department. Before
The
24department shall issue the statewide general permits required under ss. 30.12 (3)
25(a), 30.123 (7) (a), 30.19 (3r) (a), 30.195 (1m) (a), and 30.20 (1r) (a) within 540 days

1after the effective date of this paragraph .... [revisor inserts date]. General permits
2issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the
3statewide general permits are issued under this paragraph. Vessels for commercial
4storage that, on the effective date of this paragraph .... [revisor inserts date], are in
5place on Lake Michigan or Lake Superior or on any tributary of Lake Michigan or
6Lake Superior determined to be navigable by the federal government shall be
7considered to be placed in compliance with s. 30.12 until the date upon which the
8statewide general permit is issued under s. 30.12 (3) (a) 12.
AB655,52,11 9(b) Before issuing general permits, the department shall determine provide,
10after an environmental analysis and, notice and hearing under ss. 227.17 and
11227.18, that.
AB655,52,17 12(c) To ensure that the cumulative adverse environmental impact of the class
13of activity
activities authorized by a general permit is insignificant and that the
14issuance of the general permit will not injure public rights or interest interests, cause
15environmental pollution, as defined in s. 299.01 (4), or result in material injury to the
16rights of any riparian owner, the department may impose any of the following
17conditions on the permit
:
AB655, s. 133 18Section 133. 30.206 (1) (c) 1. to 3. of the statutes are created to read:
AB655,52,2019 30.206 (1) (c) 1. Construction and design requirements that are consistent with
20the purpose of the activity authorized under the permit.
AB655,52,2321 2. Location requirements that ensure that the activity will not materially
22interfere with navigation or have an adverse impact on the riparian property rights
23of adjacent riparian owners.
AB655,52,2424 3. Restrictions to protect areas of special natural resource interest.
AB655, s. 134 25Section 134. 30.206 (2) of the statutes is repealed.
AB655, s. 135
1Section 135. 30.206 (3) (title) of the statutes is created to read:
AB655,53,32 30.206 (3) (title) Procedures for conducting activities under general
3permits.
AB655, s. 136 4Section 136. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and
5amended to read:
AB655,53,146 30.206 (3) (a) A person wishing to proceed with an activity that may be
7authorized by a general permit shall apply to the department, with written
8notification of the person's wish to proceed,
not less than 20 business 30 days before
9commencing the activity authorized by a general permit. The department may
10request additional information from the applicant
notification shall provide
11information describing the activity in order to allow the department
to determine
12whether the activity is within the scope of a authorized by the general permit and
13shall inform the applicant in writing of its determination within 10 business days
14after receipt of adequate information
.
AB655, s. 137 15Section 137. 30.206 (3) (c) of the statutes is created to read:
AB655,53,1916 30.206 (3) (c) Upon completion of an activity that the department has
17authorized under a general permit, the applicant for the general permit shall provide
18to the department a statement certifying that the activity is in compliance with all
19of the conditions of the general permit and a photograph of the activity.
AB655, s. 138 20Section 138. 30.206 (3m) of the statutes is repealed.
AB655, s. 139 21Section 139. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and
22amended to read:
AB655,54,723 30.206 (3) (b) Upon receipt of the department's determination that the
24proposed activity is authorized by a general permit,
If within 30 days after a
25notification under par. (a) is submitted to the department the department does not

1require any additional information about the activity that is subject to the
2notification and does not inform the applicant that an individual permit will be
3required, the activity will be considered to be authorized by the general permit and

4the applicant may proceed without further notice, hearing, permit or approval if the
5activity is carried out in compliance with all of the conditions of the general permit.
6The department may require an individual permit only if it determines that the
7proposed activity is not authorized by the general permit.
AB655, s. 140 8Section 140. 30.206 (5) (title) of the statutes is created to read:
AB655,54,99 30.206 (5) (title) Failure to follow procedural requirements.
AB655, s. 141 10Section 141. 30.206 (6) of the statutes is amended to read:
AB655,54,1411 30.206 (6) Request for individual permit. A person proposing an activity for
12which a general permit has been issued may request an individual permit under the
13applicable provisions of this chapter subchapter or ch. 31 in lieu of seeking
14authorization under the general permit.
AB655, s. 142 15Section 142. 30.206 (7) of the statutes is amended to read:
AB655,54,1816 30.206 (7) This section does not apply to an application for a general permit for
17the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m)
18if the application for the general permit may be submitted under s. 30.207.
AB655, s. 143 19Section 143. 30.207 (1) of the statutes is amended to read:
AB655,55,320 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt)
2130.2023, the Wolf River and Fox River basin area consists of all of Winnebago County;
22the portion and shoreline of Lake Poygan in Waushara County; the area south of
23STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in
24the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that
25portion of Outagamie County south and east of USH 41; that portion of Waupaca

1County that includes the town of Mukwa, city of New London, town of Caledonia,
2town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River
3in the town of Weyauwega.
AB655, s. 144 4Section 144. 30.207 (3) (d) 2. of the statutes is amended to read:
AB655,55,75 30.207 (3) (d) 2. Specify the department's plans for proceeding on the
6application. The plans shall include a timetable for the notice and hearing required
7under sub. (4).
AB655, s. 145 8Section 145. 30.207 (4) (b) of the statutes is repealed.
AB655, s. 146 9Section 146. 30.207 (5) of the statutes is repealed.
AB655, s. 147 10Section 147. 30.208 of the statutes is created to read:
AB655,55,15 1130.208 Applications for individual permits and contracts; department
12determinations.
(1) Application required. A person who seeks to obtain or modify
13an individual permit under this subchapter or to enter into a contract under s. 30.20
14shall submit an application to the department. The application may contain a
15request for a public hearing on the application.
AB655,55,23 16(3) Notice of complete application; request for public hearing; decision. (a)
17Upon determination by the department that an application submitted under sub. (1)
18is complete, the department shall provide notice of complete application to interested
19and potentially interested members of the public, as determined by the department.
20The department shall provide the notice within 15 days after the determination that
21the application is complete. If the applicant has requested a public hearing as part
22of the submitted application, a notice of public hearing shall be part of the notice of
23complete application.
AB655,56,224 (b) If the notice of complete application does not contain a notice of public
25hearing, any person may request a public hearing in writing or the department may

1decide to hold a public hearing without a request being submitted if the department
2determines that there is a significant public interest in holding a hearing.
AB655,56,73 (c) A request for a public hearing under par. (b) must be submitted to the
4department or the department's decision to hold a public hearing must occur within
530 days after the department completes providing the notice of complete application.
6The department shall provide notice of public hearing within 15 days after the
7request for public hearing is submitted or the department makes its determination.
AB655,56,98 (d) The department shall hold a public hearing within 30 days after the notice
9of hearing has been provided under par. (a) or (c).
AB655,56,1310 (e) Within 30 days after the public hearing is held or, if no public hearing is held,
11within 30 days of the 30-day comment period under sub. (4) (a), the department shall
12render a decision, issuing, denying, or modifying the permit or approving the
13contract that is the subject of the application submitted under sub. (1).
AB655,56,22 14(4) Public comment. (a) The department shall provide a period for public
15comment after the department has provided a notice of complete application under
16sub. (3) (a), during which time any person may submit written comments with
17respect to the application for the permit or contract. The department shall retain all
18of the written comments submitted during this period and shall consider all of the
19comments in the formulation of the final decision on the application. The period for
20public comment shall end on the 30th day following the date on which the
21department completes providing the notice of complete application, except as
22provided in par. (b).
AB655,56,2423 (b) If a public hearing is held, the period for public comment shall end on the
2410th day following the date on which the public hearing is completed.
AB655,57,3
1(d) The department shall promulgate rules to establish procedures for the
2conduct of public hearings held under this subsection. Public hearings held under
3this subsection are not contested cases under s. 227.01 (3).
AB655,57,7 4(5) Notice requirements. (a) The department shall, by rule, establish
5procedures for providing notices of complete applications and notices of public
6hearings to be provided under sub. (3), and notices of administrative hearings to be
7provided under s. 30.209 (1). The procedures shall require all of the following:
AB655,57,88 1. That the notice be published as a class 1 notice under ch. 985.
AB655,57,99 2. That the notice be mailed to any person or group upon request.
AB655,57,1310 (b) The department shall, by rule, prescribe the form and content of notices of
11complete applications and notices of public hearings to be provided under sub. (3),
12and notices of administrative hearings to be provided under s. 30.209 (1). Each notice
13shall include all of the following information:
AB655,57,1414 1. The name and address of each applicant or permit holder.
AB655,57,1615 2. A brief description of each applicant's activity or project that requires the
16permit.
AB655,57,1717 3. The name of the waterway in or for which the activity or project is planned.
AB655,57,2018 4. For a notice of complete application and a notice of public hearing under sub.
19(3), a statement of the tentative determination to issue, modify, or deny a permit for
20the activity or project described in the application.
AB655,57,2321 5. For a notice of complete application and a notice of public hearing under sub.
22(3), a brief description of the procedures for the formulation of final determinations,
23including a description of the comment period required under sub. (4).
AB655,57,2524 (c) The department may delegate the department's requirement to provide
25notice under sub. (3) or s. 30.209 (1) by doing any of the following:
AB655,58,2
11. Requiring that the applicant for the permit or contract provide by
2publication, mailing, or other distribution or more of the notices.
AB655,58,43 2. That the applicant for the permit or contract pay for the publication, mailing,
4or any other distribution costs of providing one or more of the notices.
AB655, s. 148 5Section 148. 30.209 of the statutes is created to read:
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