AB655: Bill Text

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.

AB655,50,22 (f) Any other demonstration of financial responsibility.

AB655,50,24 (2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.

AB655, s. 128 Section 128. 30.2022 (title) of the statutes is created to read:

AB655,51,1 30.2022 (title) Activities of department of transportation.

AB655, s. 129 Section 129. 30.2026 (2) (d) of the statutes is amended to read:

AB655,51,5 30.2026 (2) (d) The village of Belleville shall create any artificial barrier under this section in compliance with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2).

AB655, s. 130 Section 130. 30.2026 (3) (a) of the statutes is amended to read:

AB655,51,16 30.2026 (3) (a) The village of Belleville shall maintain any artificial barrier created as authorized under sub. (1). If a landowner of more than 500 feet of Lake Belle View shoreline, a portion of which is located within 1,000 feet of any such artificial barrier, is dissatisfied with the manner in which the village of Belleville is maintaining the barrier, the owner may maintain the barrier in lieu of the village, upon approval of the department. The village or a landowner who maintains the barrier shall comply with all state laws that relate to navigable bodies of water, except s. 30.12 (1) and (2). The department may require the village of Belleville or the landowner to maintain the barrier in a structurally and functionally adequate condition.

AB655, s. 131 Section 131. 30.206 (1) (title) of the statutes is created to read:

AB655,51,18 30.206 (1) (title) Procedure for issuing general permits.

AB655, s. 132 Section 132. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and amended to read:

AB655,52,8 30.206 (1) (a) For activities which require a permit or approval under ss. 30.12 (3) (a) and 30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before The department shall issue the statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 (3r) (a), 30.195 (1m) (a), and 30.20 (1r) (a) within 540 days after the effective date of this paragraph .... [revisor inserts date]. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the statewide general permits are issued under this paragraph. Vessels for commercial storage that, on the effective date of this paragraph .... [revisor inserts date], are in place on Lake Michigan or Lake Superior or on any tributary of Lake Michigan or Lake Superior determined to be navigable by the federal government shall be considered to be placed in compliance with s. 30.12 until the date upon which the statewide general permit is issued under s. 30.12 (3) (a) 12.

AB655,52,11 (b) Before issuing general permits, the department shall determine provide, after an environmental analysis and, notice and hearing under ss. 227.17 and 227.18, that.

AB655,52,17 (c) To ensure that the cumulative adverse environmental impact of the class of activity activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interest interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:

AB655, s. 133 Section 133. 30.206 (1) (c) 1. to 3. of the statutes are created to read:

AB655,52,20 30.206 (1) (c) 1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.

AB655,52,23 2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.

AB655,52,24 3. Restrictions to protect areas of special natural resource interest.

AB655, s. 134 Section 134. 30.206 (2) of the statutes is repealed.

AB655, s. 135 Section 135. 30.206 (3) (title) of the statutes is created to read:

AB655,53,3 30.206 (3) (title) Procedures for conducting activities under general permits.

AB655, s. 136 Section 136. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and amended to read:

AB655,53,14 30.206 (3) (a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 20 business 30 days before commencing the activity authorized by a general permit. The department may request additional information from the applicant notification shall provide information describing the activity in order to allow the department to determine whether the activity is within the scope of a authorized by the general permit and shall inform the applicant in writing of its determination within 10 business days after receipt of adequate information.

AB655, s. 137 Section 137. 30.206 (3) (c) of the statutes is created to read:

AB655,53,19 30.206 (3) (c) Upon completion of an activity that the department has authorized under a general permit, the applicant for the general permit shall provide to the department a statement certifying that the activity is in compliance with all of the conditions of the general permit and a photograph of the activity.

AB655, s. 138 Section 138. 30.206 (3m) of the statutes is repealed.

AB655, s. 139 Section 139. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and amended to read:

AB655,54,7 30.206 (3) (b) Upon receipt of the department's determination that the proposed activity is authorized by a general permit, If within 30 days after a notification under par. (a) is submitted to the department the department does not require any additional information about the activity that is subject to the notification and does not inform the applicant that an individual permit will be required, the activity will be considered to be authorized by the general permit and the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all of the conditions of the general permit. The department may require an individual permit only if it determines that the proposed activity is not authorized by the general permit.

AB655, s. 140 Section 140. 30.206 (5) (title) of the statutes is created to read:

AB655,54,9 30.206 (5) (title) Failure to follow procedural requirements.

AB655, s. 141 Section 141. 30.206 (6) of the statutes is amended to read:

AB655,54,14 30.206 (6) Request for individual permit. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this chapter subchapter or ch. 31 in lieu of seeking authorization under the general permit.

AB655, s. 142 Section 142. 30.206 (7) of the statutes is amended to read:

AB655,54,18 30.206 (7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m) if the application for the general permit may be submitted under s. 30.207.

AB655, s. 143 Section 143. 30.207 (1) of the statutes is amended to read:

AB655,55,3 30.207 (1) Geographical area. For purposes of this section and s. 30.12 (3) (bt) 30.2023, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont; and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.

AB655, s. 144 Section 144. 30.207 (3) (d) 2. of the statutes is amended to read:

AB655,55,7 30.207 (3) (d) 2. Specify the department's plans for proceeding on the application. The plans shall include a timetable for the notice and hearing required under sub. (4).

AB655, s. 145 Section 145. 30.207 (4) (b) of the statutes is repealed.

AB655, s. 146 Section 146. 30.207 (5) of the statutes is repealed.

AB655, s. 147 Section 147. 30.208 of the statutes is created to read:

AB655,55,15 30.208 Applications for individual permits and contracts; department determinations. (1) Application required. A person who seeks to obtain or modify an individual permit under this subchapter or to enter into a contract under s. 30.20 shall submit an application to the department. The application may contain a request for a public hearing on the application.

AB655,55,23 (3) Notice of complete application; request for public hearing; decision. (a) Upon determination by the department that an application submitted under sub. (1) is complete, the department shall provide notice of complete application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete application.

AB655,56,2 (b) If the notice of complete application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing without a request being submitted if the department determines that there is a significant public interest in holding a hearing.

AB655,56,7 (c) A request for a public hearing under par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 days after the department completes providing the notice of complete application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination.

AB655,56,9 (d) The department shall hold a public hearing within 30 days after the notice of hearing has been provided under par. (a) or (c).

AB655,56,13 (e) Within 30 days after the public hearing is held or, if no public hearing is held, within 30 days of the 30-day comment period under sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving the contract that is the subject of the application submitted under sub. (1).

AB655,56,22 (4) Public comment. (a) The department shall provide a period for public comment after the department has provided a notice of complete application under sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete application, except as provided in par. (b).

AB655,56,24 (b) If a public hearing is held, the period for public comment shall end on the 10th day following the date on which the public hearing is completed.

AB655,57,3 (d) The department shall promulgate rules to establish procedures for the conduct of public hearings held under this subsection. Public hearings held under this subsection are not contested cases under s. 227.01 (3).

AB655,57,7 (5) Notice requirements. (a) The department shall, by rule, establish procedures for providing notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1). The procedures shall require all of the following:

AB655,57,8 1. That the notice be published as a class 1 notice under ch. 985.

AB655,57,9 2. That the notice be mailed to any person or group upon request.

AB655,57,13 (b) The department shall, by rule, prescribe the form and content of notices of complete applications and notices of public hearings to be provided under sub. (3), and notices of administrative hearings to be provided under s. 30.209 (1). Each notice shall include all of the following information:

AB655,57,14 1. The name and address of each applicant or permit holder.

AB655,57,16 2. A brief description of each applicant's activity or project that requires the permit.

AB655,57,17 3. The name of the waterway in or for which the activity or project is planned.

AB655,57,20 4. For a notice of complete application and a notice of public hearing under sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.

AB655,57,23 5. For a notice of complete application and a notice of public hearing under sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under sub. (4).

AB655,57,25 (c) The department may delegate the department's requirement to provide notice under sub. (3) or s. 30.209 (1) by doing any of the following:

AB655,58,2 1. Requiring that the applicant for the permit or contract provide by publication, mailing, or other distribution or more of the notices.

AB655,58,4 2. That the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.

AB655, s. 148 Section 148. 30.209 of the statutes is created to read:

AB655,58,9 30.209 Individual permits; administrative and judicial review. (1) Administrative review. (a) An applicant for or holder of an individual permit, or 5 or more persons, may file a petition for administrative review of any of the following decisions given by the department:

AB655,58,11 1. The issuance, denial, or modification of any individual permit issued under this subchapter.

AB655,58,13 2. The imposition of, or failure to impose, a term or condition on any individual permit issued under this subchapter.

AB655,58,17 (b) A petition under this subsection shall be filed with the department within 30 days after the date on which the department has given notice of its decision under par. (a) 1. or 2. The petition shall state the interest of each petitioner, the specific issue to be reviewed, and the reasons why an administrative hearing is warranted.

AB655,58,21 (c) Unless the department determines that there are no grounds supporting the position that an administrative hearing is warranted, the department shall provide a notice of the hearing at least 30 days before the date of the hearing to all of the following:

AB655,58,22 1. The applicant for or the holder of the permit.

AB655,58,23 2. Each petitioner, if other than the applicant or holder.

AB655,58,25 3. Any other persons required to receive notice under the rules promulgated under s. 30.208 (5).

AB655,59,2 (d) The notice under par. (c) shall be in compliance with all of the other applicable rules promulgated under s. 30.208 (5).

AB655,59,4 (e) The administrative hearing shall be conducted as a contested case hearing in accordance with the procedures under ch. 227.

AB655,59,8 (2) Judicial review. (a) Any applicant for or holder of an individual permit or any other person who satisfies the requirements of s. 227.52 may commence an action in circuit court to review any of the decisions given by the department that are specified in sub. (1) (a) 1. and 2.

AB655,59,10 (b) An action filed under par. (a) by an applicant for or holder of an individual permit shall be in lieu of the applicant or holder seeking review under sub. (1).

AB655,59,15 (c) Any administrative review petitioned for under sub. (1) may be removed to the circuit court by the applicant for the permit, the holder of the permit, or the department. The review shall be commenced by filing a motion for removal together with a copy of the petition filed under sub. (1). The motion must be filed within 30 days after notice is provided under sub. (1) (c).

AB655,59,18 (d) An action or review commenced under this subsection shall be filed in the circuit court for the county in which the riparian property that is subject to a decision by the department, as specified in sub. (1) (a) 1. and 2., is located.

AB655,59,20 (e) A review under par. (c) or (d) shall include the examination of witnesses and the taking of evidence before the court.

AB655, s. 149 Section 149. 30.28 (3) (b) of the statutes is amended to read:

AB655,59,23 30.28 (3) (b) This section does not apply to a permit issued under s. 30.12 (3) (a) 2., 2m. or 3. or (4) (c) or (d).

AB655, s. 150 Section 150. 30.29 (3) (d) of the statutes is amended to read:

AB655,60,5 30.29 (3) (d) Activities for which a permit is issued. A person or agent of a person who is issued a permit by the department while the person or agent is engaged in activities related to the purpose for which the permit is issued as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter.