SB326: Bill Text

SB326, s. 7 Section 7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) and amended to read:

SB326,10,14 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following apply:

SB326,10,15 a. It is no more than 6 feet wide, that extends.

SB326,10,19 b. It extends no further than to a point where the water is 3 feet at its maximum depth as measured at summer low levels, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from the shoreline, and that has.

SB326,10,22 c. It has no more than 2 boat slips for the first 50 feet of the riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline footage.

SB326,11,2 2. Notwithstanding the width limitation in this paragraph subd. 1., a pier may have an area as a loading platform that is more than 6 feet wide if the surface area of the platform is not more than 8 feet wide, it extends perpendicular to one or both sides of the pier, and it is located at the lakeward end of the pier or at the end of the pier that extends into a stream does not exceed 200 square feet.

SB326, s. 8 Section 8. 30.12 (1h) of the statutes is created to read:

SB326,11,9 30.12 (1h) Personal watercraft secured to piers allowed. A riparian owner may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the riparian owner's shoreline footage and one additional personal watercraft for each additional 50 feet of the riparian owner's shoreline footage without affecting the riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).

SB326, s. 9 Section 9. 30.12 (1j) (c) of the statutes is amended to read:

SB326,11,20 30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a) are eligible and propose to place a pier or wharf with the number of boat slips specified in par. (a), the riparian owner or owners shall apply to the department for an individual permit under s. 30.208 authorizing the configuration of the pier or wharf unless the configuration is authorized by the department under a general permit under s. 30.206 (1g). The department may not deny the permit on the basis of the number of slips proposed by the riparian owner or owners if the number of slips proposed does not exceed the number allowed under par. (a). A riparian owner or owners who apply for a permit under this paragraph shall be presumed to be entitled to the number of slips allowed under par. (a).

SB326, s. 10 Section 10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) and amended to read:

SB326,12,2 30.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner of a pier or wharf that was placed on the bed of a navigable water on or before February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt from the permit requirements under this section if all of the following apply: the pier or wharf does not interfere with the riparian rights of other riparian owners.

SB326, s. 11 Section 11. 30.12 (1k) (b) 1. of the statutes is repealed.

SB326, s. 12 Section 12. 30.12 (1k) (b) 2. of the statutes is repealed.

SB326, s. 13 Section 13. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 25, is repealed.

SB326, s. 14 Section 14. 30.12 (1k) (c) of the statutes is repealed.

SB326, s. 15 Section 15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:

SB326,12,11 30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may not take any enforcement action under this chapter against a riparian owner for the placement of any of the following:

SB326, s. 16 Section 16. 30.12 (1k) (cm) 1. of the statutes is amended to read:

SB326,12,15 30.12 (1k) (cm) 1. A structure for which the department has issued a permit under this section on or before February 6, 2004, if the structure is in compliance with that permit.

SB326, s. 17 Section 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:

SB326,12,19 30.12 (1k) (cm) 2. A structure for which the department has issued a written authorization on or before February 6, 2004, if the structure is in compliance with that written authorization.

SB326, s. 18 Section 18. 30.12 (1k) (d) of the statutes is repealed.

SB326, s. 19 Section 19. 30.12 (1k) (e) 2. of the statutes is amended to read:

SB326,13,2 30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, the riparian owner registered the pier or wharf with the department under par. (b) 3. and, before relocating or reconfiguring the pier or wharf, the riparian owner registers the reconfigured or relocated pier or wharf with the department under this subdivision.

SB326, s. 20 Section 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) and amended to read:

SB326,13,8 30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if the any of the following apply:

SB326,13,10 a. The property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there.

SB326,13,11 b. There is a boathouse over navigable waters adjacent to the owner's property.

SB326, s. 21 Section 21. 30.12 (3) (a) 6. c. of the statutes is created to read:

SB326,13,14 30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward end of the owner's pier or the waterward side of the owner's wharf.

SB326, s. 22 Section 22. 30.12 (3) (a) 14. of the statutes is created to read:

SB326,13,19 30.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is in, or that would directly affect, an area of special natural resource interest and that is adjacent to the owner's property if the pier or wharf meets the requirements of sub. (1g) (f).

SB326, s. 23 Section 23. 30.12 (3) (br) of the statutes is repealed.

SB326, s. 24 Section 24. 30.12 (3) (d) of the statutes is created to read:

SB326,13,25 30.12 (3) (d) The department may impose conditions relating to the location, design, construction, and installation of a pier or wharf placed under the authority of a general permit issued under par. (a) 14., but may not prohibit a riparian owner from placing a pier or wharf that meets the requirement of the general permit.

SB326, s. 25 Section 25. 30.121 (1) of the statutes is created to read:

SB326,14,4 30.121 (1) Definition. In this section, the terms "maintain" and "repair" include replacing structural elements, including roofs, doors, walls, windows, beams, porches, and floors.

SB326, s. 26 Section 26. 30.121 (3) of the statutes is amended to read:

SB326,14,14 30.121 (3) Maintenance and repair. The riparian owner of any boathouse or fixed houseboat extending beyond the ordinary high-water mark of any navigable waterway may repair and or maintain the boathouse or fixed houseboat if the cost of the repair or maintenance to repair or maintain the boathouse or fixed houseboat does not exceed 50% of the equalized assessed value of the boathouse or fixed houseboat. If the boathouse or fixed houseboat is not subject to assessment, the owner may make repairs repair or maintain the boathouse or the fixed houseboat if the cost of the repair or maintenance does not exceed 50% of the current fair market value of the boathouse or fixed houseboat.

SB326, s. 27 Section 27. 30.121 (3c) of the statutes is created to read:

SB326,14,20 30.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to repairing or maintaining a boathouse if the boathouse was in existence on December 16, 1979, and the repairing or maintaining does not affect the size, location, or configuration of the boathouse and does not result in the boathouse being converted into living quarters.

SB326, s. 28 Section 28. 30.121 (3g) of the statutes is amended to read:

SB326,15,2 30.121 (3g) Exception; historical or cultural value. Subsection (3) does not apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed houseboat if the boathouse or fixed houseboat has a historic or cultural value, as determined by the state historical society or a local or county historical society established under s. 44.03.

SB326, s. 29 Section 29. 30.121 (3r) of the statutes is amended to read:

SB326,15,7 30.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) do not apply to the repair or reconstruction of repairing or reconstructing a damaged boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the damage occurs after January 1, 1984.

SB326, s. 30 Section 30. 30.123 (6) (a) of the statutes is repealed.

SB326, s. 31 Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).

SB326, s. 32 Section 32. 30.123 (7) (b) of the statutes is repealed.

SB326, s. 33 Section 33. 30.123 (7) (d) of the statutes is created to read:

SB326,15,14 30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.

SB326, s. 34 Section 34. 30.1235 of the statutes is repealed.

SB326, s. 35 Section 35. 30.18 (4) (a) of the statutes is amended to read:

SB326,15,25 30.18 (4) (a) Upon receipt of a complete application, the department shall follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3). In addition to providing notice as required under s. 30.208 (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 clerk of the next town downstream, to the clerk of any village or city in which the lake or stream is located and which is adjacent to any municipality in which the withdrawal will take place and to each person specified in s. 281.35 (5) (b) or (6) (f), if applicable.

SB326, s. 36 Section 36. 30.19 (1m) (f) of the statutes is created to read:

SB326,16,3 30.19 (1m) (f) Any land grading activity authorized under a stormwater discharge permit issued under s. 283.33.

SB326, s. 37 Section 37. 30.19 (1m) (g) of the statutes is created to read:

SB326,16,6 30.19 (1m) (g) Any land grading activity authorized by a permit issued by a county under a shoreland zoning ordinance enacted under s. 59.692.

SB326, s. 38 Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).

SB326, s. 39 Section 39. 30.19 (3r) (b) of the statutes is repealed.

SB326, s. 40 Section 40. 30.20 (1g) (b) 3. of the statutes is created to read:

SB326,16,12 30.20 (1g) (b) 3. The amount of material removed is less than 10 cubic yards, the removal is necessary to allow access to place or remove a pier or wharf, and the removal occurs not more than once per year.

SB326, s. 41 Section 41. 30.20 (1t) (a) of the statutes is renumbered 30.20 (1t) (a) (intro.) and amended to read:

SB326,16,16 30.20 (1t) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize any all of the following:

SB326,16,18 1. Any person to remove material for maintenance purposes from an area from which material has been previously removed.

SB326, s. 42 Section 42. 30.20 (1t) (a) 2. of the statutes is created to read:

SB326,16,22 30.20 (1t) (a) 2. Any riparian owner to remove 50 cubic yards or less of material from a lake or stream adjacent to the riparian owner's property, by means other than blasting, for the purpose of placing or maintaining a boatlift on a pier or wharf.

SB326, s. 43 Section 43. 30.20 (1t) (a) 3. of the statutes is created to read:

SB326,17,2 30.20 (1t) (a) 3. Any person to annually remove not more than 500 cubic yards of plant or animal nuisance deposits from a stream, inland lake, or outlying waters if the plant or animal nuisance deposits impede navigation or access to the stream, inland lake, or outlying waters.

SB326, s. 44 Section 44. 30.20 (1t) (b) of the statutes is repealed.

SB326, s. 45 Section 45. 30.206 (1) (a) of the statutes is amended to read:

SB326,17,14 30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 (3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

SB326, s. 46 Section 46. 30.206 (1) (am) and (ar) of the statutes are created to read:

SB326,17,19 30.206 (1) (am) Upon compliance with the requirements under subs. (2b) and (2m) and in addition to the general permits required under par. (a), the department may issue a general permit authorizing an activity for which an individual permit is issued, or a contract is entered into, under this subchapter.

SB326,17,21 (ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract that would otherwise be required for that activity under this subchapter.

SB326, s. 47 Section 47. 30.206 (1) (b) of the statutes is created to read:

SB326,18,5 30.206 (1) (b) A general permit issued under par. (a) or (am) is valid for a period of 5 years, and an activity that the department determines is authorized by a general permit remains authorized under the general permit until the activity is completed regardless of whether the general permit expired before the activity is completed. The department may renew or modify, or revoke a general permit issued under par. (a) or (am) upon compliance with the requirements under subs. (2b) and (2m); and until such renewal, modification, or revocation, the general permit shall remain in effect.

SB326, s. 48 Section 48. 30.206 (1g) of the statutes is repealed.

SB326, s. 49 Section 49. 30.206 (1m) of the statutes is repealed.

SB326, s. 50 Section 50. 30.206 (1r) of the statutes is created to read:

SB326,18,12 30.206 (1r) Transitions between permits. Any general permit issued under this subchapter that is valid on the effective date of this subsection .... [LRB inserts date], shall remain valid until the date upon which a general permit issued under sub. (1) (a) or (am) that authorizes the same activity becomes effective.

SB326, s. 51 Section 51. 30.206 (2b) of the statutes is created to read:

SB326,18,17 30.206 (2b) Public notice. (a) The department shall circulate to interested and potentially interested members of the public notices of its intention to issue a general permit under sub. (1) (a) or (am). Procedures for circulating public notices shall include all of the following:

SB326,18,19 1. A procedure for publishing a class 1 notice under ch. 985 or publishing a notice on the department's Internet Web site.

SB326,18,21 2. A procedure under which a copy of the notice is provided to any person or group upon request of the person or group.

SB326,19,2 (b) The department shall provide a period of not less than 30 days after the date of the public notice during which time interested persons may submit their written comments on the department's intention to issue a general permit under sub. (1) (a) or (am). All written comments submitted during the period for comment shall be retained by the department and considered in the issuance of the general permit.