AB500: Bill Text

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.

AB500,55,10 (4) Acquisition of land. In acquiring land by condemnation for any of the purposes specified in this chapter subchapter, a municipality shall be governed by the law relating to condemnation of land for public grounds or street purposes. Whenever land is acquired through a land contract arrangement, such contract may create a lien on such lands for the purchase price and interest thereon but shall not create any liability therefor on the part of the municipality.

AB500,55,24 (6) Special assessments. Special assessments for benefits to lands, when authorized by s. 30.30 30.491 (4), shall be made and enforced as provided by s. 66.0703, except that at any time within the 90-day period immediately following the publication of the final resolution as required by s. 66.0703 (8) (d), the owner of any property along which such improvement is to be made may elect to make the improvement along the owner's property at the owner's expense in accordance with the approved plans and specifications or in a manner which conforms to good engineering practice and which provides for materials and designs which, with respect to strength and permanence, are at least equal to the requirements of the approved plans and specifications. If the owner makes the improvement at the owner's expense, no assessment of benefits shall be made therefor. If such owner fails to commence the work within the 90-day period specified herein or fails to carry on and complete the work with due diligence, the work may be done or completed by the municipality and assessment of benefits made therefor.

AB500, s. 215 Section 215. 30.32 of the statutes is renumbered 30.493.

AB500, s. 216 Section 216. 30.323 (title) of the statutes is created to read:

AB500,56,2 30.323 (title) Pierhead lines.

AB500, s. 217 Section 217. 30.327 (title) of the statutes is created to read:

AB500,56,4 30.327 (title) Municipal duty to report violations.

AB500, s. 218 Section 218. 30.33 of the statutes is renumbered 30.494.

AB500, s. 219 Section 219. 30.34 of the statutes is renumbered 30.495, and 30.495 (1), (2), (3) (a) and (4), as renumbered, are amended to read:

AB500,56,13 30.495 (1) Harbor fund to be created. All municipalities operating a public harbor through a board of harbor commissioners shall establish in the municipal treasury a revolving fund to be known as the "harbor fund". Moneys for such fund may be raised by appropriation from the general fund or by taxation or loan as other moneys in the general fund are raised. Moneys in such fund may be expended only as provided in s. 30.38 30.498 (13).

AB500,57,2 (2) Financing dock walls and shore protection walls. A municipality may pay either or both the assessable and nonaccessible parts of the cost of the construction, maintenance, or repair of any dock wall or shore protection wall, authorized by s. 30.30 30.491 (3), out of its general fund or other available funds, or it may finance such work through the issuance of its negotiable bonds as provided in ch. 67, except that it is not necessary to include such bonds in the municipal budget or to submit the question of their issuance to a referendum vote of the electors. The bonds shall be serial bonds, shall be payable at any time within 10 years, and shall bear interest payable either annually or semiannually as the governing body determines. The bonds shall be a direct obligation of the municipality and the full faith and credit of the municipality shall be pledged for their payment. No such bonds shall be issued unless at or before the time of their issuance the governing body levies a direct annual tax sufficient to pay the principal and interest thereon as they fall due.

AB500,57,9 (3) (a) Any municipality may, with the consent of its board of harbor commissioners, finance the cost of acquisition, construction, alteration , or repair of any harbor facility by issuing evidences of indebtedness payable only out of the revenue obtained from the public harbor facilities. Such evidences of indebtedness may be revenue bonds, refunding bonds, or bond anticipation notes issued under s. 30.35 30.496 or 66.1103 or may be pledges or assignments of net profits, issued pursuant to s. 66.0621 (5) as if the harbor facility were a public utility.

AB500,57,15 (4) Emergency repair fund. Any municipality having established a board of harbor commissioners to operate its harbor facilities may create a contingent fund for the purpose of permitting the secretary of the board to pay for repairs to harbor facilities which constitute emergency repairs within the meaning of s. 30.32 30.493 (4). The secretary may pay for such repairs out of such fund on the secretary's signature alone.

AB500, s. 220 Section 220. 30.341 (1) of the statutes is created to read:

AB500,57,18 30.341 (1) In this section, "inland waters" has the meaning given in s. 29.001 (45).

AB500, s. 221 Section 221. 30.343 (title) of the statutes is created to read:

AB500,57,20 30.343 (title) Activities of board of commissioners of public lands.

AB500, s. 222 Section 222. 30.35 of the statutes is renumbered 30.496, and 30.496 (6), as renumbered, is amended to read:

AB500,58,8 30.496 (6) Bondholders and noteholders have lien. Title to all of the harbor facilities for which revenue bonds, refunding bonds, or bond anticipation notes are issued remains in the municipality, but a statutory lien exists in favor of the bondholders and noteholders against the facilities which have been acquired, constructed, altered, or remodeled and the cost of which has been financed with funds obtained through the issuance of such bonds and notes. To provide further security for the bondholders and noteholders, the ordinance or resolution authorizing the issuance of revenue bonds, refunding bonds, or bond anticipation notes may provide for a pledge of the revenues of the facilities, including, if the facilities are leased under sub. (6) this subsection, an assignment of all or part of the municipality's rights as lessor.

AB500, s. 223 Section 223. 30.37 of the statutes is renumbered 30.497, and 30.497 (6) and (7), as renumbered, are amended to read:

AB500,58,21 30.497 (6) Effect of revision on existing harbor boards. Boards of harbor commissioners, harbor commissions, or dock and harbor boards in existence on January 1, 1960, are deemed to be valid boards of harbor commissioners as if created pursuant to this section and are vested with all of the powers and duties conferred upon boards of harbor commissioners by this chapter subchapter. The members of such boards may continue to hold office until their terms expire, notwithstanding any provision of this section which would otherwise disqualify them, but appointments made after January 1, 1960, shall be made only in accordance with this section. Nothing in this subsection is intended to prevent a municipality by resolution from abolishing its board of harbor commissioners, harbor commission, or dock and harbor board.

AB500,59,4 (7) Milwaukee County. Milwaukee County, with respect to the land ceded or granted to Milwaukee County as described in 1997 Wisconsin Act 70, section 3, may directly exercise all of the powers and perform all of the duties conferred on a board of harbor commissioners under ss. 30.34, 30.35 and 30.38 30.495, 30.496, and 30.498, but Milwaukee County may not create a board of harbor commissioners if sub. (1) (b) applies. Milwaukee County shall have exclusive jurisdiction over the operation, administration, maintenance, improvement, alteration, and repair of any marina facility or marina related anchorage located on this land.

AB500, s. 224 Section 224. 30.38 of the statutes is renumbered 30.498, and 30.498 (3) and (13) (a) and (b), as renumbered, are amended to read:

AB500,59,11 30.498 (3) Contract procedures. In the letting of work relative to the construction, repair, or maintenance of a harbor or harbor facility or in the purchase of equipment, supplies, or materials relative to carrying out its powers and duties, a board of harbor commissioners shall be governed by the procedures and requirements set forth in s. 30.32 30.493.

AB500,59,19 (13) (a) All moneys appropriated to a board of harbor commissioners, all revenues derived from the operation of the public harbor except in the case of a joint harbor revenue from joint improvements before division thereof, and all other revenues of the board shall be paid into the municipal treasury and credited to the harbor fund, except that revenues assigned or pledged under s. 30.35 30.496 (6) or 66.1103 shall be paid into the fund or funds provided for in the ordinance or resolution authorizing the issuance of the bonds and shall be applied in accordance with that ordinance or resolution.

AB500,60,8 (b) Subject to the limitations and conditions otherwise expressed in this section and to a budget approved by the municipal governing body, moneys in the harbor fund may be used for the acquisition, construction, improvement, repair, maintenance, operation, and administration of the public harbor and harbor facilities and for the acquisition, chartering, and operation of vessels under sub. (8) (b) 3. Except as provided in s. 30.34 30.495 (4), such moneys shall be paid out of the harbor fund only on orders signed by the president and secretary of the board, or some other official authorized by the board, after the allowance of claims by the board or on orders entered in the minutes of the board. Disbursements from the harbor fund shall be audited as other municipal disbursements are audited; however, the board may determine on some other procedure it deems appropriate for the consideration of claims and the reporting thereof notwithstanding the provisions of this paragraph. If a procedure other than that set forth in this paragraph is prescribed by the board, the approval of the chief auditing officer shall be obtained.

AB500, s. 225 Section 225. 30.381 (title) of the statutes is created to read:

AB500,60,10 30.381 (title) Subchapter penalties.

AB500, s. 226 Section 226. 30.381 (3) (title) of the statutes is created to read: