AB500: Bill Text

AB500, s. 177 Section 177. 30.207 (7) (b) of the statutes is renumbered 30.223 (7) (b) and amended to read:

AB500,45,2 30.223 (7) (b) Upon receipt of a notice that complies with par. (a), the department may inform the person that the activity may not be conducted under the general permit if conditions at the site where the activity would be conducted would cause adverse environmental impact, injure public rights and interests , or cause environmental pollution, as defined in s. 299.01 (4). The department shall respond to the person within 15 days after receiving the notice. Failure of the department to respond within 15 days shall constitute the department's approval of the activity under the general permit.

AB500, s. 178 Section 178. 30.207 (7) (c) and (8) to (10) of the statutes are renumbered 30.223 (7) (c) and (8) to (10).

AB500, s. 179 Section 179. 30.208 of the statutes is renumbered 30.244, and 30.244 (3) (a), (c) and (e) and (5) (a) (intro.), (b) (intro.), 2. and 4. and (c) (intro.), as renumbered, are amended to read:

AB500,45,16 30.244 (3) (a) Upon determination by the department that an application submitted under sub. (1) is complete, the department shall provide notice of complete application to the applicant and 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. The department shall also post the notice on the Internet at a Web site to be determined by the department. 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.

AB500,45,22 (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 to hold a public hearing.

AB500,46,2 (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 or denying the contract that is the subject of the application submitted under sub. (1).

AB500,46,6 (5) (a) (intro.) 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 30.245 (1m). The procedures shall require all of the following:

AB500,46,10 (b) (intro.) 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 30.245 (1m). Each notice shall include all of the following information:

AB500,46,12 2. A brief description of each applicant's activity or project that requires the permit or contract.

AB500,46,15 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 or to approve or deny the contract for the activity or project described in the application.

AB500,46,17 (c) (intro.) The department may delegate the department's requirement to provide notice under sub. (3) or s. 30.209 30.245 (1m) by doing any of the following:

AB500, s. 180 Section 180. 30.209 of the statutes is renumbered 30.245, and 30.245 (title), (1), (1m) (a) 1. and (b) (intro.) and 1. and (2) (d) 3., as renumbered, are amended to read:

AB500,46,22 30.245 (title) Contracts and individual Individual permits and contracts; administrative and judicial review.

AB500,46,25 (1) Definition. In this section, "applicant" means any person applying to receive a an individual permit or contract under this subchapter or any person who has received a permit or contract under this subchapter.

AB500,47,2 (1m) (a) 1. The issuance, denial, or, modification, or recission of any individual permit issued or contract entered into under this subchapter.

AB500,47,5 (b) (intro.) If the petitioner is not the applicant, the petition shall describe the petitioner's objection to the individual permit or contract and shall contain all of the following:

AB500,47,9 1. A description of the objection that is sufficiently specific to allow the department to determine which provisions of this subchapter may be violated if the proposed activity or project under the individual permit or contract is allowed to proceed.

AB500,47,11 (2) (d) 3. Any other persons required to receive notice under the rules promulgated under s. 30.208 30.244 (5).

AB500, s. 181 Section 181. 30.2095 (title) of the statutes is renumbered 30.248 (title) and amended to read:

AB500,47,15 30.248 (title) Limits and conditions for Duration of individual permits and contracts.

AB500, s. 182 Section 182. 30.2095 (1) (a) of the statutes is renumbered 30.248 (1) and amended to read:

AB500,47,21 30.248 (1) Except as provided in par. (b) sub. (2), every individual permit or contract issued under ss. 30.01 to 30.29 this subchapter for which a time limit is not provided by s. 30.20 (2) (d) is void unless the activity or project is completed within 3 years after the individual permit or contract was issued.

AB500, s. 183 Section 183. 30.2095 (1) (b) of the statutes is renumbered 30.248 (2) and amended to read:

AB500,48,4 30.248 (2) The department may specify a time limit of less than 3 years for a an individual permit or contract issued under ss. 30.01 to 30.29. For this subchapter. Except as provided in s. 30.20 (2) (d), for good cause, the department may extend the time limit for a an individual permit or contract issued under ss. 30.01 to 30.29 this subchapter for no longer than 2 years if the grantee person issued the permit requests an extension prior to expiration of the initial time limit.

AB500, s. 184 Section 184. 30.2095 (2) of the statutes is renumbered 30.445 and amended to read:

AB500,48,10 30.445 Department modifications and recissions. For good cause, the department on its own behalf may issue an order to modify or rescind any individual permit or contract issued under ss. 30.01 to 30.29 this subchapter before its expiration.

AB500, s. 185 Section 185. 30.21 of the statutes is renumbered 30.293.

AB500, s. 186 Section 186. 30.215 of the statutes is created to read:

AB500,48,18 30.215 Farm drainage ditches. Except a provided in s. 30.20 (1g) (a), a project that is for an agricultural purpose and is located in or adjacent to a farm drainage ditch is exempt from the requirement for a permit, contract, or approval under this subchapter unless it is shown, by means of a U.S. geological survey map or other reliable scientific evidence, that the farm drainage ditch was a stream that was a navigable water prior to ditching.

Note: The current statute related to farm drainage ditches is as follows:

"30.10 (4) (c) Notwithstanding any other provision of law, farm drainage ditches are not navigable within the meaning of this section unless it is shown that the ditches were navigable streams before ditching. For purposes of this paragraph, "farm drainage ditch" means any artificial channel which drains water from lands which are used for agricultural purposes."

The proposed language in new s. 30.215 differs in 2 key respects from the current statute. The primary difference is that the exemption clearly applies to a project for an agricultural purpose, not to the farm drainage ditch itself. Thus, a project for other than agricultural purposes would require a permit, even though the drainage ditch was originally constructed as and continues to be used as a farm drainage ditch.

The other difference is that the statute specifies the kind of evidence that may be used to show stream history.

AB500, s. 187 Section 187. 30.24 of the statutes is renumbered 30.357.

AB500, s. 188 Section 188. 30.244 (3) (am) of the statutes is created to read:

AB500,49,6 30.244 (3) (am) In lieu of providing notice of the complete application under par. (a), the department may provide notice of denial to the applicant without following the procedures under this subsection. If the department provides this notice, the applicant may file a petition for administrative review under s. 30.245.

AB500, s. 189 Section 189. 30.246 of the statutes is created to read:

AB500,49,14 30.246 Mediation. (1) At any time after notice of complete application is provided by the department under s. 30.244 (2) and before any administrative hearing under s. 30.245 (2) will begin, the department shall allow for mediation if the department, the applicant for the individual permit or contract, any person requesting a public hearing under s. 30.244 (3) (b), and any person filing a petition for administrative review under s. 30.245 (1m) all agree to mediation and agree how the mediator is to be selected and compensated.

AB500,49,20 (2) An agreement for mediation will hold in abeyance any public hearing under s. 30.244 (3) (b) and any administrative review under s. 30.245 (1m). If the mediator determines that an agreement cannot be reached by mediation, the mediator shall certify the mediation as having ended. Within 30 days after the date on which the mediation is certified as having ended, any participant in the mediation may request in writing to the department that the department proceed on the application.

AB500,49,23 (3) If the department does not receive a request under sub. (2) within the 30-day period, the department shall either approve the application or deny the application without further public hearing or administrative review.

Note: A mediation option is provided. There is no comparable provision in the current statute. The applicant and DNR must agree to be a party to the mediation. The mediation process is primarily expected to address issues of concern to owners of property near the proposed project. If an agreement is not reached in mediation, the parties to the mediation may request a contested case hearing.

AB500, s. 190 Section 190. 30.25 of the statutes is renumbered 30.269.

AB500, s. 191 Section 191. 30.253 of the statutes is created to read:

AB500,50,8 30.253 Conditions on individual permits and contracts. The department may impose additional conditions on an individual permit or contract under this subchapter if the department determines that the conditions are necessary to ensure compliance with any applicable provision under this subchapter. A department's decision to impose a condition on an individual permit or contract under this subchapter shall be subject to the review procedures under s. 30.245.

AB500, s. 192 Section 192. 30.26 of the statutes is renumbered 30.271.

AB500, s. 193 Section 193. 30.263 (title) of the statutes is created to read:

AB500,50,11 30.263 (title) Duck Creek Drainage District.

AB500, s. 194 Section 194. 30.263 (1) (title) of the statutes is created to read:

AB500,50,13 30.263 (1) (title) Declaration of navigability.

AB500, s. 195 Section 195. 30.265 of the statutes is renumbered 30.375.

AB500, s. 196 Section 196. 30.266 (1) (intro.) of the statutes is created to read:

AB500,50,16 30.266 (1) Definitions. (intro.) In this section:

AB500, s. 197 Section 197. 30.27 of the statutes is renumbered 30.273.

AB500, s. 198 Section 198. 30.275 of the statutes is renumbered 30.359.

AB500, s. 199 Section 199. 30.277 of the statutes is renumbered 30.361.

AB500, s. 200 Section 200. 30.28 (title) and (1) to (3) of the statutes are renumbered 30.241 (title) and (1) to (3), and 30.241 (1), (2) (a) (intro.) and (b), (2m) (am), (b) and (d) and (2r) (b), as renumbered, are amended to read:

AB500,51,4 30.241 (1) Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27 this subchapter, except s. 30.221. The permit or approval fee shall accompany the permit application, notice, or request for approval.

AB500,51,10 (2) (a) (intro.) For Except as provided in par. (b), for fees charged for permits and approvals under ss. 30.10 to 30.205 and 30.21 to 30.27 as authorized under sub. (1), the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating , and making determinations whether to grant issue the permits or approvals. The department shall then set the fees as follows:

AB500,51,12 (b) 1. For an application for a general permit submitted under s. 30.207 30.223 (3), the fee shall be $2,000.

AB500,51,13 2. For a notice submitted under s. 30.207 30.223 (7), the fee shall be $100.

AB500,51,16 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. if the department denies an application for a general permit under s. 30.207 30.223 (3) (d) 1. or does not issue a general permit under s. 30.207 30.223 (6).

AB500,51,20 (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 30.223 (7) after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB500,51,24 (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207 30.223.

AB500,52,3 (2r) (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or approval classified under sub. (2) (a) for determining whether the department will grant issue the permit or approval.

AB500, s. 201 Section 201. 30.285 of the statutes is renumbered 30.237.

AB500, s. 202 Section 202. 30.29 of the statutes is renumbered 30.83.

AB500, s. 203 Section 203. 30.291 of the statutes is renumbered 30.239, and 30.239 (1) and (4), as renumbered, are amended to read:

AB500,52,13 30.239 (1) For purposes of determining whether an exemption is appropriate under s. 30.12 (2m) or (2r), 30.123 (6m) or (6r), or 30.20 (1m) or (1r), whether a general permit is appropriate under s. 30.206 30.221 (3), or whether authorization to proceed under a general permit is appropriate under s. 30.206 30.221 (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.

AB500,52,18 (4) If the owner of the site refuses to give consent for an entry and inspection to determine whether authorization to proceed under a general permit is appropriate under s. 30.206 30.221 (3r), the department shall deny authorization to proceed under the general permit and shall allow an application to be submitted for an individual permit for the activity.

AB500, s. 204 Section 204. 30.292 of the statutes is repealed.

Note: The repealed provision relates to parties to a violation. An identical provision that applies to ch. 30 in its entirety already exists in s. 30.99.

AB500, s. 205 Section 205. 30.294 of the statutes is renumbered 30.94.

AB500, s. 206 Section 206. 30.298 (title) of the statutes is repealed.

AB500, s. 207 Section 207. 30.298 (1) of the statutes is renumbered 30.381 (1) and amended to read:

AB500,53,6 30.381 (1) General penalty. Any person who violates any provision of ss. 30.12 to 30.21 30.095, 30.123, 30.135 to 30.20, 30.217, 30.223, 30.266, 30.276 to 30.293, 30.313, 30.355, or 30.85 for which a penalty is not provided under the applicable section or by sub. (2) or (3) subs. (2) to (7) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.

AB500, s. 208 Section 208. 30.298 (2) of the statutes is renumbered 30.381 (6).

AB500, s. 209 Section 209. 30.298 (3) of the statutes is renumbered 30.381 (7) and amended to read:

AB500,53,13 30.381 (7) General permits. Any person who violates a general permit under s. 30.206 30.221 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.

AB500, s. 210 Section 210. 30.298 (4) of the statutes is renumbered 30.98 (3) and amended to read:

AB500,53,18 30.98 (3) A violation of a permit, contract, or order issued under this chapter, or a violation of a condition or term under the permit, contract, or order, is a violation of the statute under which the permit, contract, or order was issued.

AB500, s. 211 Section 211. 30.298 (5) of the statutes is renumbered 30.381 (8) and amended to read:

AB500,54,2 30.381 (8) Additional orders. In addition to the any forfeitures specified under subs. (1) to (3), (6), and (7), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource, or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.

AB500, s. 212 Section 212. Subchapter III (title) of chapter 30 [precedes 30.299] of the statutes is renumbered subchapter IV (title) of chapter 30 [precedes 30.4909].

AB500, s. 213 Section 213. 30.30 of the statutes is renumbered 30.491, and 30.491 (5) and (7), as renumbered, are amended to read:

AB500,54,11 30.491 (5) Acquisition of land. Acquire such lands or interests therein as it deems necessary for properly carrying out its powers under this chapter subchapter, including such lands outside the municipal limits as are necessary to protect its property or to carry out its powers under sub. (3). Such acquisition may be by condemnation proceedings.

AB500,54,16 (7) Doing of work. Contract for the doing of the work authorized by this section or purchase the necessary equipment for the doing of the work itself, but if the municipality has established a board of harbor commissioners such board shall have charge of the letting of contracts and shall supervise the doing of the work, except as provided in ss. 30.31 30.492 (1) and 30.32 30.493 (2).

AB500, s. 214 Section 214. 30.31 of the statutes is renumbered 30.492, and 30.492 (1), (4) and (6), as renumbered, are amended to read:

AB500,55,4 30.492 (1) Supervision of work. In exercising the powers granted by s. 30.30 30.491 (1) to (3), a municipality shall be governed by the law governing the laying out, improvement, and repair of streets and bridges in such municipality, so far as applicable, except that no petition of property owners for doing any such work is necessary. If the municipality has established a board of harbor commissioners, such board shall be in charge of the work unless the board determines that it is not equipped to supervise the work and by resolution delegates such function to the agency which ordinarily performs such function for the municipality. If the municipality does not have a board of harbor commissioners, the municipality's board of public works or, in the event there is no such board, the municipality's governing body shall be in charge of the work.