SB313: Bill Text

SB313,35,24 30.13 (1m) (b) The swimming raft does not interfere with rights of other riparian proprietors owners.

SB313, s. 65 Section 65. 30.13 (2) of the statutes is repealed.

SB313, s. 66 Section 66. 30.13 (4) (a) of the statutes is amended to read:

SB313,36,6 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.

SB313, s. 67 Section 67. 30.13 (4) (b) of the statutes is amended to read:

SB313,36,12 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.

SB313, s. 68 Section 68. 30.13 (4) (d) of the statutes is repealed.

SB313, s. 69 Section 69. 30.131 (1) (intro.) of the statutes is amended to read:

SB313,36,20 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:

SB313, s. 70 Section 70. 30.135 (1) (title) of the statutes is repealed.

SB313, s. 71 Section 71. 30.135 (1) (a) (intro.) of the statutes is renumbered 30.135 (1) (intro.) and amended to read:

SB313,37,2 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:

SB313, s. 72 Section 72. 30.135 (1) (a) 1. of the statutes is renumbered 30.135 (1) (a).

SB313, s. 73 Section 73. 30.135 (1) (a) 2. of the statutes is renumbered 30.135 (1) (b) and amended to read:

SB313,37,7 30.135 (1) (b) The platform or jump does not interfere with rights of other riparian proprietors owners.

SB313, s. 74 Section 74. 30.135 (1) (a) 3. of the statutes is renumbered 30.135 (1) (c).

SB313, s. 75 Section 75. 30.135 (1) (b) of the statutes is renumbered 30.135 (2) and amended to read:

SB313,37,14 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.

SB313, s. 76 Section 76. 30.135 (2), (3) and (4) of the statutes are repealed.

SB313, s. 77 Section 77. 30.18 (2) (a) (intro.) of the statutes is amended to read:

SB313,37,19 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:

SB313, s. 78 Section 78. 30.18 (2) (b) of the statutes is amended to read:

SB313,37,25 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.

SB313, s. 79 Section 79. 30.18 (4) (a) of the statutes is amended to read:

SB313,38,9 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.

SB313, s. 80 Section 80. 30.18 (6) (b) of the statutes is amended to read:

SB313,38,14 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.

SB313, s. 81 Section 81. 30.18 (9) of the statutes is repealed.

SB313, s. 82 Section 82. 30.19 (1) (intro.) of the statutes is renumbered 30.19 (1g) (intro.) and amended to read:

SB313,38,20 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:

SB313, s. 83 Section 83. 30.19 (1) (a) of the statutes is renumbered 30.19 (1g) (a) and amended to read:

SB313,39,2 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.

SB313,39,5 (am) Construct, dredge, or enlarge any part of the an artificial waterway water body that is located within 500 feet of the ordinary high-water mark of an existing navigable stream, lake or other navigable waters waterway.

SB313, s. 84 Section 84. 30.19 (1) (b) of the statutes is repealed.

SB313, s. 85 Section 85. 30.19 (1) (c) of the statutes is renumbered 30.19 (1g) (c) and amended to read:

SB313,39,11 30.19 (1g) (c) To grade or otherwise Grade or remove top soil topsoil from the bank of any navigable stream, lake or other body of navigable water waterway where the area exposed by such the grading or removal will exceed 10,000 square feet.

SB313, s. 86 Section 86. 30.19 (1b) of the statutes is created to read:

SB313,39,15 30.19 (1b) Definition. In the section, "artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

SB313, s. 87 Section 87. 30.19 (1m) (intro.) of the statutes is amended to read:

SB313,39,19 30.19 (1m) Exception Exemptions. (intro.) Subsection (1) does not apply to A person is exempt from the permit requirements under this section for any of the following:

SB313, s. 88 Section 88. 30.19 (1m) (a) of the statutes is amended to read:

SB313,39,21 30.19 (1m) (a) The construction and or repair of any public highways highway.

SB313, s. 89 Section 89. 30.19 (1m) (b) of the statutes is amended to read:

SB313,39,23 30.19 (1m) (b) Any agricultural uses use of land.

SB313, s. 90 Section 90. 30.19 (1m) (c) of the statutes is amended to read:

SB313,40,2 30.19 (1m) (c) Any An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

SB313, s. 91 Section 91. 30.19 (1m) (cm) of the statutes is created to read:

SB313,40,5 30.19 (1m) (cm) Any activity that affects a portion of Lake Michigan or of Lake Superior that is located within a county having a population of 750,000 or more.

SB313, s. 92 Section 92. 30.19 (1m) (d) of the statutes is amended to read:

SB313,40,9 30.19 (1m) (d) Those portions Any activity that affects a portion of a navigable streams, Lake Michigan or Lake Superior stream that is located within any a county having a population of 750,000 or more.

SB313, s. 93 Section 93. 30.19 (1m) (e) of the statutes is amended to read:

SB313,40,13 30.19 (1m) (e) Any work required to maintain the original dimensions of an enlargement of a waterway authorized an artificial water body done pursuant to a permit or legislative authorization under sub. (1) (a) or (b) (1g) (a) or (am).

SB313, s. 94 Section 94. 30.19 (1m) (g) of the statutes is created to read:

SB313,40,21 30.19 (1m) (g) The construction, dredging, or enlargement of any artificial water body that is within 500 feet of the ordinary high-water mark of a navigable waterway, if the artificial water body does not have a surface connection to any navigable waterway other than an overflow device and 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 or authorized by the department under s. 281.41.

SB313, s. 95 Section 95. 30.19 (1m) (h) of the statutes is created to read:

SB313,41,2 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:

SB313,41,4 1. The grading or removal is authorized by a storm water discharge permit approved by the department under ch. 283.

SB313,41,6 2. The grading or removal is authorized under an ordinance under s. 59.692, 61.351, or 62.231.

SB313,41,8 3. The grading or removal is authorized by an erosion control plan pursuant to s. 101.653.

SB313, s. 96 Section 96. 30.19 (2) of the statutes is repealed.

SB313, s. 97 Section 97. 30.19 (3) of the statutes is repealed.

SB313, s. 98 Section 98. 30.19 (3r) of the statutes is created to read:

SB313,41,13 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:

SB313,41,17 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.

SB313,41,21 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.

SB313,41,23 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.

SB313,42,3 (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.

SB313, s. 99 Section 99. 30.19 (4) (title) of the statutes is amended to read:

SB313,42,5 30.19 (4) (title) Issuance of permit Individual permits.

SB313, s. 100 Section 100. 30.19 (4) of the statutes is renumbered 30.19 (4) (c) (intro.) and amended to read:

SB313,42,11 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:

SB313,42,13 2. The activity will not cause environmental pollution , as defined in s. 299.01 (4), that any.

SB313,42,16 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.

SB313,42,20 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.

SB313, s. 101 Section 101. 30.19 (4) (a) of the statutes is created to read:

SB313,42,25 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).

SB313, s. 102 Section 102. 30.19 (4) (b) of the statutes is created to read:

SB313,43,3 30.19 (4) (b) The notice and hearing provisions of s. 30.208 (3) to (5) apply to an application under par. (a).

SB313, s. 103 Section 103. 30.19 (4) (c) 1. of the statutes is created to read:

SB313,43,5 30.19 (4) (c) 1. The activity will not be detrimental to the public interest.

SB313, s. 104 Section 104. 30.19 (5) of the statutes is amended to read:

SB313,43,14 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.

SB313, s. 105 Section 105. 30.195 (1) of the statutes is amended to read:

SB313,43,19 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.

SB313, s. 106 Section 106. 30.195 (1m) of the statutes is created to read:

SB313,43,23 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:

SB313,43,25 1. The change or straightening involves a relocation of less than a total of 500 feet in stream length.

SB313,44,2 2. The change or straightening involves a relocation of a stream with an average flow of less than 2 cubic feet per second.

SB313,44,5 (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.