SB459: Bill Text

SB459,13,20 (2) The permitting requirements under ss. 23.24 (3) and 30.12 and the contract and permitting requirements under s. 30.20 do not apply to any of the following maintenance activities conducted in a shoreline area of an outlying water:

SB459,13,24 (a) The leveling of sand or the grooming of soil if the leveling or grooming will occur in an area of unconsolidated material predominately composed of sand, rock, and pebble that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459,14,2 (b) The removal of debris or the mowing of vegetation that is authorized by the owner of the riparian land that abuts the shoreline area.

SB459,25 Section 25. 30.133 (1) of the statutes is amended to read:

SB459,14,13 30.133 (1) Beginning on April 9, 1994, and except as provided in s. 30.1335, no owner of riparian land that abuts a navigable water may grant by an easement or by a similar conveyance any riparian right in the land to another person, except for the right to cross the land in order to have access to the navigable water. This right to cross the land may not include the right to place any structure or material, including a boat docking facility, as defined in s. 30.1335 (1) (a), in the navigable water. This subsection does not prohibit an owner of riparian land that abuts a navigable water who owns a boat docking facility that is lawfully placed on that water from entering into an agreement with another owner of riparian land that abuts the same navigable water for the shared use of that boat docking facility.

SB459,26 Section 26. 30.19 (1b) (a) of the statutes is amended to read:

SB459,14,17 30.19 (1b) (a) "Artificial water body" means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

SB459,27 Section 27. 30.19 (1g) (a) of the statutes is amended to read:

SB459,14,20 30.19 (1g) (a) Construct, dredge, or enlarge any artificial water body that connects with a an existing navigable waterway.

SB459,28 Section 28. 30.19 (1g) (am) of the statutes is amended to read:

SB459,15,2 30.19 (1g) (am) Construct, dredge, or enlarge any part of an artificial water body that is or will be located within 500 feet of the ordinary high-water mark of, but that does not or will not connect with, an existing navigable waterway, including. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459,29 Section 29. 30.19 (1m) (dm) of the statutes is created to read:

SB459,15,7 30.19 (1m) (dm) The dredging of any part of an artificial water that does not connect with a navigable waterway. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

SB459,30 Section 30. 30.20 (1g) (b) 3. of the statutes is created to read:

SB459,15,10 30.20 (1g) (b) 3. The removal is necessary to perform an activity authorized under s. 30.125 (2).

SB459,31 Section 31. 30.20 (1t) (b) of the statutes is created to read:

SB459,15,12 30.20 (1t) (b) 1. In this paragraph:

SB459,15,13 a. "Inland lake" means an inland water that is a lake.

SB459,15,14 b. "Inland water" has the meaning given in s. 29.001 (45).

SB459,15,17 2. The department shall issue a statewide general permit under s. 30.206 that authorizes any riparian owner to remove material in the following amounts once in a calendar year from a lake bed adjacent to the riparian owner's riparian property:

SB459,15,18 a. From an inland lake, 30 cubic yards.

SB459,15,19 b. From an outlying water, 100 cubic yards.

SB459,15,22 3. The department may not limit to non-mechanized equipment the types of equipment that may be used to conduct the activity under the general permit under this paragraph.

SB459,32 Section 32. 30.20 (1t) (c) of the statutes is created to read:

SB459,16,2 30.20 (1t) (c) The department may not require a person to collect a sediment sample prior to proceeding under a general permit issued under par. (a) unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459,33 Section 33. 30.20 (2) (cn) of the statutes is created to read:

SB459,16,7 30.20 (2) (cn) The department may not require an applicant for a permit under par. (bn) to collect a sediment sample unless the department has specific information that indicates the potential that contaminants may be present in the material proposed to be dredged.

SB459,34 Section 34. 30.206 (1) (a) of the statutes is amended to read:

SB459,16,11 30.206 (1) (a) The department shall issue the statewide general permits required under ss. 30.12 (3) (a) and (b), 30.123 (7), 30.19 (3r), and 30.20 (1t) (a) and (b).

SB459,35 Section 35. 30.29 (3) (d) of the statutes is amended to read:

SB459,16,18 30.29 (3) (d) Activities for which a permit is issued Authorized activities. A person or agent of a person who is engaged in activities as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter or who is engaged in activities landward of a lawfully established bulkhead line for which no permit or contract is required under this subchapter.

SB459,36 Section 36. 31.02 (1) of the statutes is amended to read:

SB459,17,6 31.02 (1) The department, in the interest of public rights in navigable waters or, to promote safety, and to protect life, health and, property, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.

SB459,37 Section 37. 31.185 (5) of the statutes is amended to read:

SB459,17,12 31.185 (5) As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health and , property, property values, and economic values.

SB459,38 Section 38. 281.16 (2) (c) of the statutes is created to read:

SB459,17,19 281.16 (2) (c) The department may not prohibit the construction of storm water management ponds in navigable or nonnavigable artificial waterways as a method for achieving compliance with performance standards under par. (a). The department shall give credit for any pollutant reduction achieved by a storm water management pond in determining compliance with performance standards specified in a permit under s. 283.33.

SB459,39 Section 39. 281.31 (2) (b) of the statutes is created to read:

SB459,17,22 281.31 (2) (b) "Artificial water body" means a body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

SB459,40 Section 40. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) 1. and amended to read:

SB459,18,4 281.36 (3n) (a) 1. For the purpose of issuing a wetland individual permit, during the period between the date on which the application under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m) (i) is rendered, the department shall conduct its review under this subsection.

SB459,18,6 2. The department shall review the analysis of practicable alternatives presented in the application under sub. (3m) (b). The

SB459,18,14 3. For federal wetlands, the department shall limit its review to those practicable alternatives that are located at the site of the discharge and that are located adjacent to that site if the applicant has demonstrated that the proposed project causing the discharge will result in a demonstrable economic public benefit, that the proposed project is necessary for the expansion of an existing industrial, commercial, or agricultural facility that is in existence at the time the application is submitted, or that the proposed project will occur in an industrial park that is in existence at the time the application is submitted.

SB459,41 Section 41. 281.36 (3n) (a) 4. of the statutes is created to read:

SB459,18,17 281.36 (3n) (a) 4. For nonfederal wetlands, the department shall limit its review to those practicable alternatives to which all of the following apply:

SB459,18,19 a. The practicable alternative is consistent with the overall purpose and scope of the project.

SB459,18,23 b. The practicable alternative is located at the site of the discharge or located adjacent to that site if both sites are owned by the same person. This requirement does not apply if the proposed discharge affects more than 20 percent of the area of the site or more than 5 acres.

SB459,42 Section 42. 281.36 (4) (d) of the statutes is amended to read:

SB459,18,25 281.36 (4) (d) Maintenance of drainage or roadside ditches.

SB459,43 Section 43. 281.36 (4) (f) of the statutes is created to read:

SB459,19,3 281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or stormwater detention basin and associated conveyance features.

SB459,19,4 (End)