SB313: Bill Text

SB313, s. 110 Section 110. 30.195 (4) of the statutes is repealed.

SB313, s. 111 Section 111. 30.195 (7) of the statutes is repealed.

SB313, s. 112 Section 112. 30.196 (intro.) of the statutes is amended to read:

SB313,45,20 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:

SB313, s. 113 Section 113. 30.20 (1) (title) of the statutes is repealed and recreated to read:

SB313,45,22 30.20 (1) (title) Permits or contracts required.

SB313, s. 114 Section 114. 30.20 (1) (a) of the statutes is amended to read:

SB313,46,3 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).

SB313, s. 115 Section 115. 30.20 (1) (b) of the statutes is amended to read:

SB313,46,10 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).

SB313, 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:

SB313,46,19 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.

SB313, s. 117 Section 117. 30.20 (1) (c) 3. of the statutes is renumbered 30.20 (1g) (a) 2.

SB313, s. 118 Section 118. 30.20 (1) (d) of the statutes is renumbered 30.20 (1g) (c) and amended to read:

SB313,47,5 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.

SB313, s. 119 Section 119. 30.20 (1g) (title) and (b) of the statutes are created to read:

SB313,47,7 30.20 (1g) (title) Exemptions.

SB313,47,11 (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:

SB313,47,14 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.

SB313,47,16 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.

SB313, s. 120 Section 120. 30.20 (1r) of the statutes is created to read:

SB313,47,19 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:

SB313,47,22 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.

SB313,47,25 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.

SB313,48,3 (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.

SB313, s. 121 Section 121. 30.20 (2) (title) of the statutes is amended to read:

SB313,48,5 30.20 (2) (title) Contracts for removal and individual permits.

SB313, s. 122 Section 122. 30.20 (2) (a) and (b) of the statutes are amended to read:

SB313,48,20 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.

SB313,49,14 (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.

SB313, s. 123 Section 123. 30.20 (2) (bn) of the statutes is created to read:

SB313,49,19 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).

SB313, s. 124 Section 124. 30.20 (2) (c) of the statutes is amended to read:

SB313,50,2 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.

SB313, s. 125 Section 125. 30.20 (2) (d) of the statutes is created to read:

SB313,50,6 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.

SB313, s. 126 Section 126. 30.20 (2) (e) of the statutes is created to read:

SB313,50,9 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.

SB313, s. 127 Section 127. 30.201 of the statutes is created to read:

SB313,50,16 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:

SB313,50,17 (a) A certificate of deposit.

SB313,50,18 (b) An irrevocable letter of credit.

SB313,50,19 (c) An irrevocable trust.

SB313,50,20 (d) An escrow account.

SB313,50,21 (e) A government security.

SB313,50,22 (f) Any other demonstration of financial responsibility.

SB313,50,24 (2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.

SB313, s. 128 Section 128. 30.2022 (title) of the statutes is created to read:

SB313,51,1 30.2022 (title) Activities of department of transportation.

SB313, s. 129 Section 129. 30.2026 (2) (d) of the statutes is amended to read:

SB313,51,5 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).

SB313, s. 130 Section 130. 30.2026 (3) (a) of the statutes is amended to read:

SB313,51,16 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.

SB313, s. 131 Section 131. 30.206 (1) (title) of the statutes is created to read:

SB313,51,18 30.206 (1) (title) Procedure for issuing general permits.

SB313, s. 132 Section 132. 30.206 (1) of the statutes is renumbered 30.206 (1) (a) and amended to read:

SB313,52,8 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.

SB313,52,11 (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.

SB313,52,17 (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:

SB313, s. 133 Section 133. 30.206 (1) (c) 1. to 3. of the statutes are created to read:

SB313,52,20 30.206 (1) (c) 1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.

SB313,52,23 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.

SB313,52,24 3. Restrictions to protect areas of special natural resource interest.

SB313, s. 134 Section 134. 30.206 (2) of the statutes is repealed.

SB313, s. 135 Section 135. 30.206 (3) (title) of the statutes is created to read:

SB313,53,3 30.206 (3) (title) Procedures for conducting activities under general permits.

SB313, s. 136 Section 136. 30.206 (3) of the statutes is renumbered 30.206 (3) (a) and amended to read:

SB313,53,14 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.

SB313, s. 137 Section 137. 30.206 (3) (c) of the statutes is created to read:

SB313,53,19 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.

SB313, s. 138 Section 138. 30.206 (3m) of the statutes is repealed.

SB313, s. 139 Section 139. 30.206 (4) of the statutes is renumbered 30.206 (3) (b) and amended to read:

SB313,54,7 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.

SB313, s. 140 Section 140. 30.206 (5) (title) of the statutes is created to read:

SB313,54,9 30.206 (5) (title) Failure to follow procedural requirements.

SB313, s. 141 Section 141. 30.206 (6) of the statutes is amended to read:

SB313,54,14 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.

SB313, s. 142 Section 142. 30.206 (7) of the statutes is amended to read:

SB313,54,18 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.

SB313, s. 143 Section 143. 30.207 (1) of the statutes is amended to read:

SB313,55,3 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.

SB313, s. 144 Section 144. 30.207 (3) (d) 2. of the statutes is amended to read:

SB313,55,7 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).

SB313, s. 145 Section 145. 30.207 (4) (b) of the statutes is repealed.

SB313, s. 146 Section 146. 30.207 (5) of the statutes is repealed.

SB313, s. 147 Section 147. 30.208 of the statutes is created to read:

SB313,55,15 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.

SB313,55,23 (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.

SB313,56,2 (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.