LRB-4309/1
MGG:sac:rs
2013 - 2014 LEGISLATURE
February 20, 2014 - Introduced by Representative Nygren, cosponsored by Senator
Hansen. Referred to Committee on Environment and Forestry.
AB804,1,2
1An Act to create 30.12 (1g) (am), 30.125 and 30.20 (1g) (b) 3. of the statutes;
2relating to: shoreline maintenance activities in outlying waters.
Analysis by the Legislative Reference Bureau
In order for a person to conduct an activity in or near a navigable water, the
person may be required to obtain one or more permits from, or enter a contract with,
the Department of Natural Resources (DNR). These requirements include permits
to place structures or deposit material on the beds of navigable waters and contracts
or permits to remove material from the beds of navigable waters (permitting
requirements). The bed of a navigable water includes the area between the water's
edge and the ordinary high-water mark (shoreline area).
Under current law, some activities are exempt from these permitting
requirements, some activities require that the person be issued an individual permit
for the activity, and some activities are authorized under statewide general permits.
If a general permit covers an activity, the person proposing to conduct the activity
must notify DNR that the person wishes to proceed with the activity. If DNR does
not request additional information or notify the person that an individual permit will
required within 30 days after receipt of the notification, the person may proceed with
the activity.
Activities that are currently exempt from these individual and general
permitting requirements include the placement of riprap and shoreline erosion
control structures under certain circumstances and the removal of nonhazardous
material by hand or manual devices in areas that are not areas of special natural
resource interest. These include state natural areas and surface waters identified
by DNR as being outstanding or exceptional resource waters.
This bill creates an exemption from these permitting requirements for certain
shoreline maintenance activities that are conducted in a shoreline area. The
activities exempt from the permitting requirements are the leveling of sand, the
grooming of soil, the mowing of vegetation, and the removal of debris. The activity
must be authorized by the owner of the riparian land that abuts the shoreline area.
The exemption is limited to shoreline areas on Lake Superior and Lake Michigan and
on other navigable waters that are part of or connect to these lakes.
Under current law, a person may request from DNR a determination regarding
whether an exemption applies to a proposed activity. Within 15 days after receiving
the request, DNR must inspect the site of the proposed activity if DNR determines
that is necessary and must make a determination as to whether the activity is
exempt. If DNR fails to make the determination within the 15-day period, DNR may
not subsequently require the person to apply for an individual permit or to seek
authorization under a general permit. This exemption determination procedure
applies to the exemptions created in this bill
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB804,1
1Section
1. 30.12 (1g) (am) of the statutes is created to read:
AB804,2,32
30.12
(1g) (am) A deposit of sand, gravel, or stone that is necessary to perform
3an activity authorized under s. 30.125 (2) (a).
AB804,2
4Section
2. 30.125 of the statutes is created to read:
AB804,2,5
530.125 Shoreline maintenance in outlying waters. (1) In this section:
AB804,2,66
(a) "Outlying waters" has the meaning given in s. 29.001 (63).
AB804,2,87
(b) "Shoreline area" means the area that is located between the ordinary
8high-water mark and water's edge.
AB804,2,11
9(2) The permitting requirements under s. 30.12 and the contract and
10permitting requirements under s. 30.20 do not apply to any of the following
11maintenance activities conducted in a shoreline area of an outlying water:
AB804,3,212
(a) The leveling of sand or the grooming of soil if the leveling or grooming will
13occur in an area of unconsolidated material predominately composed of sand, rock,
1and pebble that is authorized by the owner of the riparian land that abuts the
2shoreline area.
AB804,3,43
(b) The removal of debris or the mowing of vegetation that is authorized by the
4owner of the riparian land that abuts the shoreline area.
AB804,3
5Section
3. 30.20 (1g) (b) 3. of the statutes is created to read:
AB804,3,76
30.20
(1g) (b) 3. The removal is necessary to perform an activity authorized
7under s. 30.125 (2).
