AB926: Bill Text

AB926, s. 620 Section 620. 30.01 (title) of the statutes is amended to read:

AB926,133,9 30.01 (title) Definitions for chapter.

AB926, s. 621 Section 621. 30.01 (1j) of the statutes is repealed.

AB926, s. 622 Section 622. 30.01 (6) of the statutes is repealed.

AB926, s. 623 Section 623. 30.015 of the statutes is created to read:

AB926,133,13 30.015 Definitions for subchs. I to III. (1) In subchs. I to III:

AB926,133,14 (a) "Department" means the department of environmental quality.

AB926,133,15 (b) "Secretary" means the secretary of environmental quality.

AB926, s. 624 Section 624. 30.03 (2) of the statutes is amended to read:

AB926,133,23 30.03 (2) The district attorney of the appropriate county or, at the request of the department of environmental quality, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter subchs. I to III or ch. 31. The district attorney or, at the request of the department of natural resources, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under subch. IV or V.

AB926, s. 625 Section 625. 30.07 of the statutes, as created by 2009 Wisconsin Act 55, is renumbered 30.795.

AB926, s. 626 Section 626. 30.12 (1m) (a) of the statutes is amended to read:

AB926,134,4 30.12 (1m) (a) The department of agriculture, trade and consumer protection, after consulting with the department of natural resources environmental quality, specifically approves the structure or deposit.

AB926, s. 627 Section 627. 30.12 (1m) (b) of the statutes is amended to read:

AB926,134,10 30.12 (1m) (b) The structure or deposit is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications approved by the department of agriculture, trade and consumer protection after consulting with the department of natural resources environmental quality.

AB926, s. 628 Section 628. 30.124 of the statutes, as affected by 2009 Wisconsin Act 55, is renumbered 23.244, and 23.244 (1) (intro.) and (a), as renumbered are amended to read:

AB926,134,19 23.244 (1) (intro.) Notwithstanding ss. 30.12, 30.20, 30.44, and 30.45, and if the department finds, after consulting with the department of environmental quality, that the activity will not adversely affect public or private rights or interests in fish and wildlife populations, navigation, or waterway flood flow capacity and will not result in environmental pollution, as defined in s. 299.01 (4), the department may do all of the following on public lands or waters:

AB926,134,22 (a) Cut aquatic plants, as defined in s. 30.07 30.795 (1) (b), without removing them from the water, for the purpose of improving waterfowl nesting, brood, and migration habitat.

AB926, s. 629 Section 629. 30.1255 of the statutes, as affected by 2009 Wisconsin Act 55, is renumbered 23.243.

AB926, s. 630 Section 630. 30.20 (1g) (c) of the statutes is amended to read:

AB926,135,8 30.20 (1g) (c) A removal of material by the drainage board for the Duck Creek Drainage District 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 environmental quality.

AB926, s. 631 Section 631. 30.203 of the statutes is renumbered 23.178.

AB926, s. 632 Section 632. 30.24 of the statutes is renumbered 23.0942.

AB926, s. 633 Section 633. 30.255 of the statutes is renumbered 23.0943.

AB926, s. 634 Section 634. 30.26 of the statutes, as affected by 2009 Wisconsin Acts 7 and 32, is renumbered 23.43.

AB926, s. 635 Section 635. 30.265 of the statutes is renumbered 23.431.

AB926, s. 636 Section 636. 30.27 of the statutes is renumbered 23.432.

AB926, s. 637 Section 637. 30.275 of the statutes is renumbered 23.434.

AB926, s. 638 Section 638. 30.277 of the statutes is renumbered 23.0944.

AB926, s. 639 Section 639. 30.40 (3e) of the statutes is created to read:

AB926,135,19 30.40 (3e) "Department" means the department of natural resources.

AB926, s. 640 Section 640. 30.40 (3g) of the statutes is amended to read:

AB926,135,25 30.40 (3g) "Forester" means a person who is employed by the department of natural resources or the department of agriculture, trade and consumer protection to carry out assigned forest management responsibilities or who has received a bachelor's or higher degree from a school of forestry with curriculum accredited by the society of American foresters in the management of forest resources.

AB926, s. 641 Section 641. 30.40 (15m) of the statutes is created to read:

AB926,136,2 30.40 (15m) "Secretary" means the secretary of natural resources.

AB926, s. 642 Section 642. 30.42 (1) (d) 1. of the statutes is amended to read:

AB926,136,13 30.42 (1) (d) 1. Promulgate rules, in consultation with the department of agriculture, trade and consumer protection, that are applicable only to land in the riverway to regulate the cutting and harvesting of timber so that the effect of cutting or harvesting of timber on the scenic beauty and the natural value of the riverway is minimized. For land that is in the river edge zone or the bluff zone, the rules promulgated under this paragraph shall require that the cutting and harvesting of timber be solely by selection cutting and that the minimum basal area for the residual stand of timber be 60 square feet per acre. The rules promulgated under this paragraph do not apply to any cutting or harvesting of timber subject to regulation under s. 30.43 (3).

AB926, s. 643 Section 643. 30.50 (3m) of the statutes is created to read:

AB926,136,15 30.50 (3m) "Department" means the department of natural resources.

AB926, s. 644 Section 644. 30.50 (4s) of the statutes is amended to read:

AB926,136,19 30.50 (4s) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state forest ranger appointed under s. 28.92.

AB926, s. 645 Section 645. 30.50 (11m) of the statutes is created to read:

AB926,136,21 30.50 (11m) "Secretary" means the secretary of natural resources.

AB926, s. 646 Section 646. 30.52 (1m) (e) of the statutes is amended to read:

AB926,136,25 30.52 (1m) (e) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (jw).

AB926, s. 647 Section 647. 30.52 (3m) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB926,137,5 30.52 (3m) (b) All moneys collected under par. (a), less the amount retained as authorized under par. (am), shall be deposited into the account under s. 20.370 (3) (1) (is).

AB926, s. 648 Section 648. 30.54 (2) of the statutes is amended to read:

AB926,137,11 30.54 (2) If a person applies for a replacement certificate under sub. (1), conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall inspect the boat's engine serial number or hull identification number, for purposes of verification or enforcement.

AB926, s. 649 Section 649. 30.544 of the statutes is amended to read:

AB926,137,18 30.544 Inspection of boats purchased out-of-state. For purposes of enforcement, conservation wardens or local law enforcement officials law enforcement officers, after presenting appropriate credentials to the owner of a boat which was purchased outside of this state and which is subject to the certificate of title requirements of this chapter, shall inspect the boat's engine serial number or hull identification number.

AB926, s. 650 Section 650. 30.67 (2) (a) of the statutes is amended to read:

AB926,138,2 30.67 (2) (a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.

AB926, s. 651 Section 651. 30.773 (2) of the statutes is amended to read:

AB926,138,10 30.773 (2) Procedures. A municipality authorized to establish a bulkhead line under s. 30.11 may establish a designated mooring area in the same manner as it is authorized to establish the bulkhead line except that the municipality is required to obtain the approval of the department of natural resources, rather than the department of environmental quality, and if the municipality created a board of harbor commissioners, the municipality is also required to obtain the approval of that board in addition to the approval of the department.

AB926, s. 652 Section 652. 30.80 (5m) of the statutes, as created by 2009 Wisconsin Act 55, is amended to read:

AB926,138,15 30.80 (5m) Any person violating any provision of s. 30.07 30.795 (2) or (6) shall forfeit not more than $500 for the first offense and shall forfeit not more than $2,000 upon conviction of the same offense a 2nd or subsequent time within 3 years.

AB926, s. 653 Section 653. 30.92 (1) (b) of the statutes is amended to read:

AB926,138,22 30.92 (1) (b) "Governmental unit" means the department of natural resources, the department of agriculture, trade and consumer protection, a municipality, a lake sanitary district, a public inland lake protection and rehabilitation district organized under ch. 33, the Milwaukee River revitalization council, the Lower Wisconsin State Riverway board, or any other local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

AB926, s. 654 Section 654. 31.01 (2) of the statutes is amended to read:

AB926,138,25 31.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 655 Section 655. 31.02 (4) (c) of the statutes is amended to read:

AB926,139,7 31.02 (4) (c) With good and sufficient fishways or fish ladders, or in lieu thereof, the department of environmental quality may permit the owner may be permitted to enter into an agreement with the department of natural resources to pay for or to supply to the state of Wisconsin annually such quantities of game fish for stocking purposes as may be agreed upon by the owner and the department of natural resources.

AB926, s. 656 Section 656. 31.02 (4r) of the statutes is amended to read:

AB926,139,14 31.02 (4r) The department of environmental quality shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed. The department of environmental quality shall consult with the department of natural resources concerning the rules under this subsection.

AB926, s. 657 Section 657. 31.02 (7m) of the statutes is amended to read:

AB926,139,22 31.02 (7m) The drainage board for the Duck Creek Drainage District shall operate, repair and maintain dams, dikes and other structures in district drains that the board operates in the Duck Creek Drainage District in compliance with ch. 88 and any rules promulgated by the department of agriculture, trade and consumer protection under ch. 88. If a county drainage board fails to perform its duties under this subsection, the department of natural resources environmental quality may exercise its authority under subs. (6), (8) and (9).

AB926, s. 658 Section 658. 31.06 (1) of the statutes is amended to read:

AB926,140,10 31.06 (1) Upon receipt of an application for a permit under s. 31.05 the department of environmental quality may order a hearing or it may mail a notice that it will proceed on the application without public hearing unless a request for a public hearing is filed as provided in this section. The notice shall be mailed to the clerk of each municipality directly affected by the proposed dam and to the department of natural resources. The department of environmental quality may give further or other notice as it considers proper. The department of environmental quality shall mail a copy of the notice to the applicant who shall cause the notice to be published in each county in which affected riparian lands are located as a class 1 notice, under ch. 985. If a hearing is not requested in writing within 30 days after mailing of the notice, the department of environmental quality may waive the hearing.

AB926, s. 659 Section 659. 31.06 (3) (b) of the statutes is amended to read:

AB926,140,19 31.06 (3) (b) If it appears, after consulting with the department of natural resources, that the construction, operation or maintenance of the proposed dam is in the public interest, considering ecological, aesthetic, economic and recreational values, the department of environmental quality shall so find and grant a permit to the applicant, provided the department of environmental quality also finds that the applicant has complied with s. 31.14 (2) or (3) and, where applicable, with s. 31.05 (3), based on the department's own estimate of the department of environmental quality of the area of the flowage.

AB926, s. 660 Section 660. 31.187 (2) of the statutes is amended to read:

AB926,141,2 31.187 (2) Whenever the department of environmental quality, after consultation with the department of natural resources, determines that the conservation of any species or variety of wild animals will be promoted thereby, the department of environmental quality may maintain and repair any dam located wholly upon lands the title to which is in the state either as proprietor or in trust for the people after giving due consideration to fixing the level and regulating the flow of the public waters.

AB926, s. 661 Section 661. 31.307 (4) of the statutes is repealed.

AB926, s. 662 Section 662. 31.309 (1) (a) and (am) of the statutes are repealed.

AB926, s. 663 Section 663. 31.309 (1) (b) of the statutes is renumbered 31.309 (1) and amended to read:

AB926,141,11 31.309 (1) When the department determines that the renovation and repair described under par. (a) s. 31.309 (1) (a), 2007 stats., are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

AB926, s. 664 Section 664. 31.309 (2) (a) of the statutes is renumbered 31.309 (2).

AB926, s. 665 Section 665. 31.309 (2) (b) of the statutes is repealed.

AB926, s. 666 Section 666. 31.34 of the statutes is amended to read:

AB926,141,24 31.34 Flow of water regulated. Each person, firm or corporation maintaining a dam on any navigable stream shall pass at all times at least 25% of the natural low flow of water of such stream, except as otherwise provided by law. This section, however, shall not apply to a plant or dam where the water is discharged directly into a lake, mill pond, storage pond or cranberry marsh, nor shall it apply to cases where in the opinion of in which the department of environmental quality determines, after consultation with the department of natural resources, that such minimum discharge is not necessary for the protection of fish life. Any person, firm or corporation violating this section shall be fined not less than $50 nor more than $1,000.

AB926, s. 667 Section 667. 32.02 (15m) of the statutes is created to read:

AB926,142,4 32.02 (15m) The department of agriculture, trade and consumer protection with the approval of the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof and as authorized by law, for acquisition of lands.

AB926, s. 668 Section 668. 32.035 (3) of the statutes is amended to read:

AB926,142,16 32.035 (3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources, or the department of agriculture, trade and consumer protection, the notice required by this subsection shall be given at the time that permission of the senate and assembly appropriate standing committees on natural resources is sought under s. 23.09 (2) (d) or, 27.01 (2) (a), or 28.02 (2). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.

AB926, s. 669 Section 669. 33.01 (2) of the statutes is amended to read:

AB926,142,19 33.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 670 Section 670. 33.265 of the statutes is amended to read:

AB926,143,2 33.265 Notice, filing and recording requirements. If a district is created or its boundaries altered, the board of commissioners shall record the authorizing document, including a legal description of the boundary, with the register of deeds in each county where the district is situated, and file the document and legal description with the department of natural resources environmental quality and the department of revenue.