AB500: Bill Text

AB500,26,5 30.323 (1) (a) Any municipality authorized by s. 30.11 30.321 to establish a bulkhead line may also establish a pierhead line in the same manner as it is authorized to establish a bulkhead line, except that a metes and bounds legal description is not required nor is the map required to be prepared by a registered land surveyor and except that if the municipality has created a board of harbor commissioners the municipality must obtain the approval of the board concerning the establishment of the pierhead line in addition to obtaining the approval of the department.

AB500, s. 83 Section 83. 30.13 (4) (c) of the statutes is amended to read:

AB500,26,22 30.13 (4) (c) Extends beyond pierhead line; exception. A wharf or pier which extends into navigable waters beyond any pierhead line established under sub. (3) s. 30.323 constitutes an unlawful obstruction of navigable waters unless a valid permit, license, or authorization for the wharf or pier is granted issued or unless it is a permissible preexisting wharf or pier. A wharf or pier is a permissible preexisting wharf or pier if it existed prior to the establishment of the pierhead line, if it is not extended or expanded after that date and if the ownership of the land to which it is attached did not change after that date except that a wharf or pier continues its status as a permissible preexisting wharf or pier for one year after the date the change of ownership is recorded. The seasonal removal of a wharf or pier does not affect its status as a permissible preexisting wharf or pier if it is reestablished in substantially the same form. Status as a permissible preexisting wharf or pier does not imply that authorization for the wharf or pier is provided for the purposes of par. (a) or (b). The owner of a wharf or pier may submit evidence to the municipality that it is a permissible preexisting wharf or pier at any time after the municipality establishes the pierhead line.

AB500, s. 84 Section 84. 30.13 (6) (title) of the statutes is repealed.

AB500, s. 85 Section 85. 30.13 (6) of the statutes is renumbered 30.323 (2).

AB500, s. 86 Section 86. 30.131 of the statutes is renumbered 30.283, and 30.283 (1) (intro.) and (f) and (2), as renumbered, are amended to read:

AB500,27,8 30.283 (1) (intro.) Notwithstanding s. 30.133 30.095, a wharf or pier of the type which does not require a permit under ss. 30.12 (1) 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:

AB500,27,11 (f) The placement of the wharf or pier complies with the provisions of this chapter, with any rules promulgated under this chapter subchapter and with any applicable municipal regulations or ordinances.

AB500,27,14 (2) Notwithstanding s. 30.133 30.095, an easement under sub. (1) may be conveyed if it is conveyed at the same time, and to the same person, that the land to which the easement is appurtenant is conveyed.

AB500, s. 87 Section 87. 30.133 of the statutes is renumbered 30.095.

AB500, s. 88 Section 88. 30.134 of the statutes is renumbered 30.85.

AB500, s. 89 Section 89. 30.135 (2) of the statutes is amended to read:

AB500,27,21 30.135 (2) If the department determines that any of the requirements under sub. (1) are not met, the riparian owner shall submit an application for an individual permit to the department. The notice and hearing provisions under s. 30.208 30.244 (3) to (5) apply to the application.

AB500, s. 90 Section 90. 30.14 (title) of the statutes is repealed.

AB500, s. 91 Section 91. 30.14 (1) (title) of the statutes is repealed.

AB500, s. 92 Section 92. 30.14 (1) of the statutes is renumbered 30.327.

AB500, s. 93 Section 93. 30.14 (2) of the statutes is renumbered 30.247 and amended to read:

AB500,28,10 30.247 Hearings by department. Upon complaint by any person to the department that any wharf, pier, or other structure exists in navigable water in violation of s. 30.12 or, 30.13, or 30.207 30.223 or that any wharf, pier, or other structure proposed to be built in navigable water will violate s. 30.12 or, 30.13, or 30.207 30.223, the department shall investigate and may hold a hearing to determine whether the wharf, pier, or other structure is or would be in violation of those sections. If no hearing is held, the complainant shall be informed of the results of the investigation.

AB500, s. 94 Section 94. 30.15 (title) of the statutes is repealed.

AB500, s. 95 Section 95. 30.15 (1) (title) of the statutes is renumbered 30.98 (1) (title) and amended to read:

AB500,28,14 30.98 (1) (title) Obstructions penalized.

AB500, s. 96 Section 96. 30.15 (1) (intro.) of the statutes is renumbered 30.98 (1) (intro.).

AB500, s. 97 Section 97. 30.15 (1) (a), (b) and (c) of the statutes are renumbered 30.98 (1) (a), (b) and (c) and amended to read:

AB500,28,19 30.98 (1) (a) Unlawfully obstructs any navigable waters water and thereby impairs the free navigation thereof of the navigable water.

AB500,28,22 (b) Unlawfully places in any navigable waters or in any tributary thereof water any substance that may float into and obstruct any such waters navigable water or that may impede their free navigation of any navigable water.

AB500,28,25 (c) Constructs or maintains in any navigable waters, water any boom not authorized by law or aids in the construction or maintenance therein, of any such boom not authorized by law.

AB500, s. 98 Section 98. 30.15 (1) (d) of the statutes is renumbered 30.381 (4) (a) and amended to read:

AB500,29,7 30.381 (4) (a) Constructs Except as provided in par. (b), any person who constructs or places any structure or deposits any material in navigable waters in violation of s. 30.12 or 30.13 shall forfeit not less than $100 nor more than $500 for each offense. Each day during which a structure or deposit of material exists in violation of s. 30.12 is a separate offense under this paragraph.

AB500, s. 99 Section 99. 30.15 (3) of the statutes is renumbered 30.98 (2).

AB500, s. 100 Section 100. 30.16 of the statutes is renumbered 30.95.

AB500, s. 101 Section 101. 30.18 (1) (intro.) of the statutes is created to read:

AB500,29,11 30.18 (1) Definitions. (intro.) In this section:

AB500, s. 102 Section 102. 30.18 (1) (b) of the statutes is created to read:

AB500,29,15 30.18 (1) (b) "Major diversion" means a diversion that will result in a water loss averaging, in any 30-day period, at least 2,000,000 gallons per day above a permittee's authorized base level of water loss.

AB500, s. 103 Section 103. 30.18 (2) (a) (intro.) of the statutes is amended to read:

AB500,29,20 30.18 (2) (a) Streams Diversions from streams. (intro.) No Unless an individual permit has been issued under this section, no person may divert water from a stream in this state without an individual permit under this section if the diversion meets either of the following conditions if any of the following applies:

AB500, s. 104 Section 104. 30.18 (2) (b) of the statutes is amended to read:

AB500,30,4 30.18 (2) (b) Streams or Major diversions from streams or lakes. No Unless an individual permit has been issued under this section, 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 an 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 is a major diversion. This paragraph does not apply to a person who is required to obtain an approval under s. 281.41.

AB500, s. 105 Section 105. 30.18 (3) (title) and (a) (title), 1. and 2. of the statutes are repealed.

AB500, s. 106 Section 106. 30.18 (3) (a) 3. of the statutes is renumbered 30.18 (3m) (a) and amended to read:

AB500,30,11 30.18 (3m) (a) For a diversion under sub. (2) (a) 2., the application shall include written Written statements of consent to the diversion from all riparian owners who are making beneficial use of the water proposed to be diverted.

AB500, s. 107 Section 107. 30.18 (3) (a) 4. of the statutes is repealed.

AB500, s. 108 Section 108. 30.18 (3) (b) of the statutes is repealed.

AB500, s. 109 Section 109. 30.18 (3m) (intro.) of the statutes is created to read:

AB500,30,17 30.18 (3m) Applications for permits; specific requirements. (intro.) An application for a permit under this section to divert water from a stream for the purpose of agriculture or irrigation shall include all of the following:

AB500, s. 110 Section 110. 30.18 (3m) (b) of the statutes is created to read:

AB500,30,21 30.18 (3m) (b) Evidence of permission or authority to enter any land through which it is proposed to divert the water for the purpose of obtaining information required for drafting the plans for the project.

AB500, s. 111 Section 111. 30.18 (4) (title) of the statutes is repealed and recreated to read:

AB500,30,23 30.18 (4) (title) Action by department.

AB500, s. 112 Section 112. 30.18 (4) (a) of the statutes is amended to read:

AB500,31,6 30.18 (4) (a) Upon receipt of a complete application for a permit under this section, the department shall follow the notice and hearing procedures under s. 30.208 30.244 (3) to (5). In addition to providing notice as required under s. 30.208 30.244 (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 all of the following:

AB500,31,8 2. The clerk of the next town municipality that is the next municipality downstream, to the from the point of the proposed diversion.

AB500,31,11 3. The clerk of any village or city each municipality in which the lake or stream from which water is proposed to be diverted is located and which is adjacent to any municipality in which the diversion will take place and to each.

AB500,31,12 4. Each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

AB500, s. 113 Section 113. 30.18 (4) (a) 1. of the statutes is created to read:

AB500,31,14 30.18 (4) (a) 1. Each owner of land over which water is proposed to be diverted.

AB500, s. 114 Section 114. 30.18 (4) (b) of the statutes is amended to read:

AB500,31,19 30.18 (4) (b) If a hearing on the application for a permit under this section is conducted as a part of a hearing under s. 293.43, the notice and hearing provisions in that section supersede the notice and hearing provisions of par. (a) under ss. 30.244 and 30.245.

AB500, s. 115 Section 115. 30.18 (5) (title) of the statutes is repealed and recreated to read:

AB500,31,21 30.18 (5) (title) Issuance of permits.

AB500, s. 116 Section 116. 30.18 (5) (a) (intro.) of the statutes is amended to read:

AB500,31,25 30.18 (5) (a) Streams Diversions from streams. (intro.) The department shall approve an application for issue a permit required under sub. (2) (a) if the department determines both that all of the following conditions apply:

AB500, s. 117 Section 117. 30.18 (5) (a) 1. of the statutes is amended to read:

AB500,32,3 30.18 (5) (a) 1. That the The proposed diversion will not injure any public rights in navigable waters be detrimental to the public interest.

AB500, s. 118 Section 118. 30.18 (5) (a) 1m. of the statutes is created to read:

AB500,32,5 30.18 (5) (a) 1m. The proposed diversion is for use on riparian land.

AB500, s. 119 Section 119. 30.18 (5) (a) 2. of the statutes is amended to read:

AB500,32,10 30.18 (5) (a) 2. That the Either the water to be diverted is surplus water, or if it is not surplus water, that all riparians not being beneficially used or all riparian owners who may be adversely affected by the diversion have consented to the proposed diversion.

AB500, s. 120 Section 120. 30.18 (5) (b) of the statutes is amended to read:

AB500,32,17 30.18 (5) (b) Streams Major diversions from streams or lakes. The department shall approve an application for issue a permit required under sub. (2) (b) for a major diversion if the grounds for approval specified under s. 281.35 (5) (d) are met and, if the. If a permit is also required under sub. (2) (a), if the department makes the determinations specified under par. (a) shall issue a permit under this paragraph only if the conditions for a permit under par. (a) apply to the major diversion.

AB500, s. 121 Section 121. 30.18 (6) (title) of the statutes is amended to read:

AB500,32,19 30.18 (6) (title) Permits; use of water Permit conditions; reporting; review.

AB500, s. 122 Section 122. 30.18 (6) (a) of the statutes is amended to read:

AB500,32,25 30.18 (6) (a) Contents of permit. The department shall specify on each permit issued under this section the quantity of water that may be diverted and the times during which water may be diverted. In addition, if the permit is one which is required under sub. (2) (b) for a major diversion, the permit shall comply with s. 281.35 (6).

AB500, s. 123 Section 123. 30.18 (6) (b) of the statutes is renumbered 30.18 (6) (dm) and amended to read:

AB500,33,8 30.18 (6) (dm) Use of water. A person who is 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 the permittee withdrew before August 1, 1957, without applying to the department for a modification of the permit unless the department approves the additional amount to be withdrawn by modifying the permittee's permit.

AB500, s. 124 Section 124. 30.18 (6) (c) of the statutes is renumbered 30.18 (6) (bm) and amended to read:

AB500,33,15 30.18 (6) (bm) Reporting required. The department shall require each permittee A person who is issued a permit under this section to report its shall report to the department the volume and rate of withdrawal and its volume and rate of water loss, if any,. The report shall be in the form and at the times specified by the department.

AB500, s. 125 Section 125. 30.18 (6) (cm) 3. of the statutes is created to read:

AB500,33,18 30.18 (6) (cm) 3. A permit issued under this section before August 1, 1957, is exempt from the review requirements under subds. 1. and 2.

AB500, s. 126 Section 126. 30.18 (6) (d) (title) of the statutes is renumbered 30.18 (6) (cm) (title).

AB500, s. 127 Section 127. 30.18 (6) (d) of the statutes is renumbered 30.18 (6) (cm) 1. and amended to read:

AB500,34,2 30.18 (6) (cm) 1. If the permit is one that is required under sub. (2) (a), but not under sub. (2) (b), and the permit was issued on or after August 1, 1957, Except as provided in subds. 2. and 3. the department shall review the each permit issued under this section at least once every 5 years.

AB500,34,4 2. If the permit is one that is required under sub. (2) (b) for a major diversion, the department shall review the permit as required under s. 281.35 (6) (b).

AB500, s. 128 Section 128. 30.18 (6m) (title) of the statutes is repealed and recreated to read:

AB500,34,6 30.18 (6m) (title) Rescission.

AB500, s. 129 Section 129. 30.18 (6m) (a) (intro.) of the statutes is amended to read:

AB500,34,11 30.18 (6m) (a) Streams; mandatory rescission. (intro.) The department shall revoke rescind a permit issued under sub. (5) (a), which is not subject to sub. (2) (b), if it a permit for a major diversion, if the department finds that any of the following applies:

AB500, s. 130 Section 130. 30.18 (6m) (a) 1. and 2. of the statutes are amended to read: