30.20 Annotation
Before proceeding under 88.90 (3), one must obtain permit under 30.20. State v. Dwyer, 91 W (2d) 440, 283 NW (2d) 448 (Ct. App. 1979).
30.20 Annotation
See note to 30.11, citing 63 Atty. Gen. 445.
30.202
30.202
Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers. 30.202(1)(1)
Memorandum of understanding. The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
30.202(2)
(2) Authorization for dredging and dredge spoil disposal. If the department enters into a memorandum of understanding with the U.S. corps of engineers under
sub. (1), the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under
sub. (4).
30.202(3)
(3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under
sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.29,
30.01 to
30.20,
30.21 to
30.99,
59.692 or
87.30 or
chs. 281 to
285 or
289 to
299, except
s. 281.48,or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
30.202 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
30.202(4)
(4) Hazardous waste dredge spoil disposal. In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under
s. 291.01 (7). These special conditions and standards shall be established to ensure that public health and the environment are protected.
30.202 History
History: 1981 c. 240;
1995 a. 201,
227; s. 13.93 (2) (c).
30.203
30.203
Lake Winnebago comprehensive project. 30.203(1)(1)
Authorization. The department may implement a project to place structures or fill or both on the beds of lakes Winnebago, Butte des Morts, Winneconne and Poygan for any of the following purposes:
30.203(1)(a)
(a) To improve navigation or to provide navigation aids.
30.203(1)(b)
(b) To restore or protect wetland habitat or water quality.
30.203(1)(c)
(c) To create, restore or protect fish and wildlife habitat.
30.203(1)(d)
(d) To enhance the natural aesthetic value or improve the recreational use of these lakes.
30.203(2)
(2) Location of structures and fill. Any structure or fill placed as part of the project authorized under
sub. (1) shall be located in Winnebago County as follows:
30.203(2)(a)
(a) In Lake Winnebago within the area that consists of the S-1/2 of Sec. 14, T. 17 N., R. 17 E., and the N-1/2 of Sec. 23, T. 17 N., R. 17 E.
30.203(2)(b)
(b) In Lake Butte des Morts within an area that consists of the S-1/2 of Secs. 25, 26 and 27, T. 19 N., R. 15 E., the E-1/2 of Sec. 34, T. 19 N., R. 15 E., and the N-1/2 of Secs. 35 and 36, T. 19 N., R. 15 E.
30.203(2)(c)
(c) In Lake Winneconne and Lake Poygan within an area that consists of the W-1/2 of Secs. 6 and 7, T. 19 N., R. 15 E., and the E-1/2 of Secs. 1 and 12, T. 19 N., R. 14 E.
30.203(3)(a)(a) Before beginning any activity involving the placement of a structure or fill as part of the project authorized under
sub. (1), the department shall do all of the following:
30.203(3)(a)2.
2. Prepare plans and gather any other information necessary to effectively evaluate the structural and functional integrity of the structure or fill.
30.203(3)(a)3.
3. Hold a public informational meeting to discuss the plans prepared under
subd. 2.
30.203(3)(a)4.
4. Approve the project if it finds that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under
sub. (4).
30.203(3)(b)
(b) The department shall determine the manner in which and to whom notice will be given of the public informational meeting held under
par. (a) 3.
30.203(4)
(4) Requirements for structures and fill. A structure or fill placed as part of the project authorized under
sub. (1) shall meet all of the following requirements:
30.203(4)(a)
(a) It may not reduce the effective flood flow capacity of the Wolf River or the Fox River above the point where the Fox River flows into Lake Butte des Morts.
30.203(4)(c)
(c) It may not cause material injury to the rights of a riparian owner who owns land that abuts a navigable waterway that is affected by the project.
30.203(4)(e)
(e) It may not be detrimental to the public interest.
30.203(5)
(5) Oversight and maintenance by the department. 30.203(5)(a)(a) The department shall monitor the project authorized under
sub. (1) to assure that the project is furthering a purpose specified in
sub. (1).
30.203(5)(b)
(b) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) to assure that the structures and fill do not impair the safety of the public.
30.203(5)(c)
(c) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) in a manner that does not impair the natural aesthetic value of the area, to the extent practicable.
30.203(5)(d)
(d) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) so that they remain in compliance with the requirements listed under
sub. (4).
30.203(5)(e)
(e) If the department determines that any structure or any fill that is part of the project authorized under
sub. (1) does not comply with the requirements under
sub. (4), the department shall modify the structure or fill to bring it into compliance. If the department cannot modify the structure or fill to bring it into compliance, the department shall remove the structure or fill.
30.203(6)(a)(a) Any structure or fill placed as part of the project authorized under
sub. (1) may be used only for any of the following:
30.203(6)(a)1.
1. As a site for the placement of navigation aids approved by the department.
30.203(6)(a)2.
2. Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.203(6)(b)
(b) The department may promulgate rules to reasonably limit use by the public under
par. (a) 3.
30.203(7)
(7) Ownership; jurisdiction. The structures or fill that are part of the project authorized under
sub. (1) are owned by the state and are under the jurisdiction of the department. The state may not transfer ownership of a structure or any fill that is part of the project authorized under
sub. (1).
30.203(8)
(8) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under
sub. (1).
30.203 History
History: 1991 a. 39;
1995 a. 27,
227.
30.2035
30.2035
Shoreline protection study. The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department's findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under
s. 227.15 (1) no later than 7 months after the study is completed.
30.2035 History
History: 1993 a. 421.
30.204
30.204
Lake acidification experiment. 30.204(1)
(1)
Authorization. Between May 15, 1984 and January 1, 2002, the department is authorized to conduct a lake acidification experiment on the lake specified under
sub. (2).
30.204(2)
(2) Lake selection. The department shall select Little Rock lake in the town of Arbor Vitae, Vilas County, township 41 north, range 6 east, for the lake acidification experiment.
30.204(3)
(3) Experiment. In conducting the lake acidification experiment, the department shall deny access to and prohibit navigation on the lake by posted notice, may place a barrier or dyke across the lake, may place chemicals or other substances in the lake and may take other actions necessary for the experiment.
30.204(4)(a)(a) Before artificially acidifying the lake, the department shall establish an escrow account containing sufficient funds to restore the lake and its aquatic life as provided under
par. (c).
30.204(4)(b)
(b) After the department has artificially acidified the lake, it may allow and monitor the natural restoration of the lake and its aquatic life as part of the experiment.
30.204(4)(c)
(c) At the conclusion of the experiment or in the event of an unanticipated occurrence that requires that the lake be restored before the conclusion of the experiment, the department shall do all of the following to the fullest extent possible given available technology:
30.204(4)(c)1.
1. Artificially restore the lake to its original acid level if the lake has not been naturally restored to the original acid level during the experiment.
30.204(4)(c)2.
2. Artificially reestablish the lake's aquatic life if the aquatic life has not been naturally reestablished during the experiment.
30.204(5)
(5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.29 (3),
30.01 to
30.03,
30.06 to
30.16,
30.18 to
30.29,
30.50 to
30.99,
59.692,
87.30,
287.81,
299.15 to
299.23,
299.91,
299.95 or
299.97 or
chs. 281,
283 or
289 to
292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.
30.204 Note
NOTE: Sub. (5) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
30.204(6)
(6) Compliance with environmental impact statute. The department shall comply with the requirements under
s. 1.11 in conducting the experiment authorized by this section. The department shall initiate compliance by preparing and reviewing, under the procedures it has established under
s. 1.11, an environmental assessment for this experiment.
30.204 Note
NOTE: 1983 Wis. Act 421, which created this section, has "legislative findings" in section 1.
30.205
30.205
Water resources development projects. The department may cooperate with and enter into agreements with the appropriate federal agencies for the purpose of constructing, maintaining and operating water resources development projects. Such agreements may contain any indemnification provisions required by federal law.
30.205 History
History: 1987 a. 27.
30.206
30.206
General permits. 30.206(1)(1) For activities which require a permit or approval under
ss. 30.12 (3) (a) and
30.19 (1) (a), the department may issue a general permit authorizing a class of activities, according to rules promulgated by the department. Before issuing general permits, the department shall determine, after an environmental analysis and notice and hearing under
ss. 227.17 and
227.18, that the cumulative adverse environmental impact of the class of activity is insignificant and that issuance of the general permit will not injure public rights or interest, cause environmental pollution, as defined in
s. 299.01 (4), or result in material injury to the rights of any riparian owner.
30.206(2)
(2) A general permit may include any conditions determined by the department to be reasonably necessary to prevent environmental pollution and to protect the public interest and public rights in navigable waters and the rights of other riparian owners.
30.206(3)
(3) A person wishing to proceed with an activity authorized by a general permit shall apply to the department not less than 20 business days before commencing the activity authorized by a general permit. The department may request additional information from the applicant to determine whether the activity is within the scope of a general permit and shall inform the applicant in writing of its determination within 10 business days after receipt of adequate information.
30.206(3m)
(3m) The department may not authorize a person to proceed under a general permit if it determines under
sub. (3) that the proposed activity may not comply with the criteria specified for general permits in
sub. (1). Upon such a determination, the applicant may request an individual permit under the applicable provisions of this chapter or
ch. 31.
30.206(4)
(4) Upon receipt of the department's determination that the proposed activity is authorized by a general permit, the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all conditions of the general permit.
30.206(5)
(5) Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.
30.206(6)
(6) A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this chapter or
ch. 31 in lieu of seeking authorization under the general permit.
30.206 History
History: 1987 a. 374;
1995 a. 227.
30.21
30.21
Use of beds of Great Lakes by public utilities. 30.21(1)(1)
Water intake facilities. Upon compliance with such applicable regulations as may be imposed by the government of the United States and subject to
chs. 196 and
197 and rules and orders of the public service commission issued pursuant thereto, any public utility may, pursuant to permit granted by resolution of the governing body of any city, village or town situated on any waters of Lake Michigan or Lake Superior or in the Great Lakes basin, construct, maintain and operate, upon and under the bed thereof adjoining such city, village or town, all cribs, intakes, basins, pipes and tunnels necessary or convenient for securing an adequate supply of water suitable for the purposes of such utility, provided only, that concurrently with the construction of facilities for the withdrawal of water from the lakes, the city, town or village must construct sewage treatment and disposal works adequate to treat completely all sewage of the municipality. Any city, village or town, the limits of which are within 50 miles of any such waters and any public utility serving the same shall be deemed to be situated on such waters within the meaning of this section and such municipality or public utility serving the same shall, subject to this section, have authority to acquire and own or lease sufficient real estate, not to exceed 50 miles beyond the corporate limits of such municipality, for the purpose of constructing, maintaining and operating thereon or thereunder, transmission facilities and structures, including cribs, intakes, basins, pipes and tunnels, necessary or convenient for securing an adequate supply of water suitable for the purposes of such municipality or utility. Such facilities shall be so constructed, maintained and operated as to avoid material obstruction to existing navigation or the use of private property not owned by such utility.
30.21(2)
(2) Harbor facilities; public utility structures. Pursuant to the authority and conditions specified in
sub. (1), any such utility may also:
30.21(2)(a)
(a) Improve the navigability of any of the waters specified in
sub. (1) and construct upon the shore and the adjoining bed of such waters, harbor facilities adapted for the reception, docking, unloading and loading of vessels carrying supplies required for the operation of such utility.
30.21(2)(b)
(b) Place any public utility structure, including all or part of any plant for the generation of electricity and the appurtenances, upon the bed of any of the waters specified in
sub. (1), provided the utility first obtains approval under this chapter and obtains the approval of the public service commission as required by
s. 196.49 or rules or orders of the public service commission issued pursuant thereto, and also obtains the approval of the department to the making of any payment to be made to the municipality with respect to the erection of such structure.
30.21(3)
(3) Compliance with other permit requirements. 30.21(3)(a)(a) Each public utility operating under a permit under this section on January 1, 1986, shall comply with
s. 281.35 (2), if applicable.
30.21(3)(b)
(b) On and after January 1, 1986, no city, village or town may issue a permit under
sub. (1) unless the public utility applying for the permit complies with
s. 30.18 (2) (b), if applicable.
30.21 History
History: 1985 a. 60;
1995 a. 227.
30.25
30.25
Wolf River protection.
