30.207(3)(c)4.
4. A diagram to scale showing the activity proposed for the general permit with contours and cross-section profiles that show a representative example of existing conditions and a representative example of any alteration to navigable waters or the adjacent lands that may result from the activity.
30.207(3)(c)5.
5. Topographic, bathymetric, soil or other maps, photographs or other data to demonstrate the characteristics of the proposed permit area if the maps, photographs or data are reasonably available.
30.207(3)(c)6.
6. The names and addresses of at least 5 persons who own real property adjacent to the navigable waters located in the proposed permit area. If fewer than 5 persons own real property adjacent to such waters, the application shall include the names and addresses of all of these persons.
30.207(3)(d)
(d) The department shall respond to the application in writing within 90 business days after receiving the application. In its response the department shall do either of the following:
30.207(3)(d)1.
1. Deny the application and specify the reason for the denial.
30.207(3)(d)2.
2. Specify the department's plans for proceeding on the application. The plans shall include a timetable for the notice and hearing required under
sub. (4).
30.207(4)
(4) Environmental analysis; hearing; consultation. After receiving an application that the department does not deny under
sub. (3) (d) 1. and before determining whether to issue the general permit, the department shall do all of the following:
30.207(4)(b)
(b) Provide for notice and a hearing on whether to issue the general permit if so required under
sub. (5).
30.207(4)(c)
(c) Consult with any of the following as the department considers appropriate:
30.207(4)(c)1.
1. Any local entity, as defined in
s. 30.77 (3) (dm), that has an interest in the quality or use of or that has jurisdiction over the navigable waters located in the proposed permit area.
30.207(4)(c)2.
2. Any contractor who is or has been involved in the construction of structures or improvements in or along navigable waters located in the proposed permit area.
30.207(4)(c)3.
3. Any riparian owners whose property rights may be affected by the issuance of the general permit.
30.207(4)(c)4.
4. Any other interested party, as determined by the department or the applicant.
30.207(5)
(5) Hearing requirements. If an activity for which an application for which a general permit has been submitted would be subject to the hearing and notice provisions under
s. 30.02 (3) and
(4) for the issuance of an individual permit, the department shall comply with those provisions. Notice and hearing shall be required on an application for a general permit under this section only if a notice and hearing are required under
s. 30.02 (3) and
(4) for the activity as part of an application for an individual permit under this chapter.
30.207(6)
(6) Issuance of general permits. The department shall issue a general permit under this section if the department determines that the cumulative adverse environmental impact of the activity in the proposed permit area is insignificant and that the 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 owners.
30.207(6)(b)
(b) The standards for the activity contained in a general permit issued under this section shall supersede any conflicting standards required under this chapter for the activity.
30.207(7)
(7) Activities under general permits. 30.207(7)(a)(a) At least 15 days before beginning the activity that is authorized by a general permit under this section the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in
s. 30.28 (2) (b) 2. The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.
30.207(7)(b)
(b) Upon receipt of a notice that complies with
par. (a), the department may inform the person that the activity may not be conducted under the general permit if conditions at the site where the activity would be conducted would cause adverse environmental impact, injure public rights and interests or cause environmental pollution, as defined in
s. 299.01 (4). The department shall respond to the person within 15 days after receiving the notice. Failure of the department to respond within 15 days shall constitute the department's approval of the activity under the general permit.
30.207(7)(c)
(c) A person conducting an activity that is authorized by a general permit under this section shall comply with any applicable local ordinances.
30.207(8)
(8) Option to request individual permits. A person proposing an activity for which a general permit has been issued under this section may apply for an individual permit under this chapter in lieu of seeking authorization under the general permit. A person proposing an activity for which a general permit has not been issued under this section may apply for an individual permit under this chapter.
30.207(9)
(9) Access to property. For inspection purposes, an employe or agent of the department shall have free access during reasonable hours to any site where an activity is proposed to be, is or has been authorized under a general permit issued under this section if the employe or agent shows to any person who is present at the site and who owns the site or is otherwise in control of the site either of the following:
30.207(9)(a)
(a) For an employe of the department, proper identification issued by the department.
30.207(9)(b)
(b) For an agent who is not an employe of the department, written documentation that the agent is authorized by the department to have access for inspection purposes.
30.207(10)
(10) Sunset. The department may not issue any further general permits under this section on or after the date on which 5 years have lapsed after the effective date of the first general permit issued under this section.
30.207 History
History: 1997 a. 174.
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. 30.25(1)
(1) Except as provided under
sub. (2), no person may make any effort to improve the navigation on the Wolf River north of the southern boundary of Shawano County nor shall any dam be authorized for construction in that portion of the Wolf River. Any permit issued or in effect by virtue of or under authority of any order or law authorizing the construction of any dam in the Wolf River in Langlade County is void. This declaration does not affect permits for or the operation or maintenance of any dam in existence on August 24, 1963.
30.25(2)
(2) A person may engage in a minor dredging project to improve access to or to improve the aesthetics of the Wolf River in Shawano County if a permit issued by the department under
s. 30.20 authorizes the project.
30.25 History
History: 1987 a. 374.
30.26(1)(1)
Legislative intent. In order to afford the people of this state an opportunity to enjoy natural streams, to attract out-of-state visitors and assure the well-being of our tourist industry, it is in the interest of this state to preserve some rivers in a free flowing condition and to protect them from development; and for this purpose a system of wild rivers is established, but no river shall be designated as wild without legislative act.
30.26(2)
(2) Designation. The Pike River in Marinette County, and the Pine River and its tributary Popple River in Florence and Forest counties are designated as wild rivers and shall receive special management to assure their preservation, protection and enhancement of their natural beauty, unique recreational and other inherent values in accordance with guidelines outlined in this section.
30.26(3)
(3) Duties of department. The department in connection with wild rivers shall:
30.26(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.26(3)(b)
(b) Consult other state agencies and planning committees.
30.26(3)(c)
(c) Collaborate with county and town boards and local development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers.
30.26(3)(e)
(e) Seek the cooperation of the U.S. forest service, timber companies, county foresters and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.26(3)(f)
(f) Act as coordinator under this subsection.
30.27
30.27
Lower St. Croix River preservation. 30.27(1)
(1)
Purpose. The Lower St. Croix River, between the dam near St. Croix Falls and its confluence with the Mississippi River, constitutes a relatively undeveloped scenic and recreational asset. The preservation of this unique scenic and recreational asset is in the public interest and will benefit the health and welfare of the citizens of Wisconsin. The state of Wisconsin is therefore determined that the Lower St. Croix River be included in the national wild and scenic rivers system under the wild and scenic rivers act, as amended,
16 USC 1271 to
1287, and the Lower St. Croix River act of 1972,
16 USC 1274 (a) (9). The purpose of this section is to ensure the continued eligibility of the Lower St. Croix River for inclusion in the national wild and scenic rivers system and to guarantee the protection of the wild, scenic and recreational qualities of the river for present and future generations.
30.27(2)(a)(a) As soon as possible after May 7, 1974, the department shall adopt, by rule, guidelines and specific standards for local zoning ordinances which apply to the banks, bluffs and bluff tops of the lower St. Croix river. The guidelines shall designate the boundaries of the areas to which they apply. In drafting the guidelines and standards, the department shall consult with appropriate officials of counties, cities, villages and towns lying within the affected area. The standards specified in the guidelines shall include, but not be limited to, the following:
30.27(2)(a)1.
1. Prohibition of new residential, commercial and industrial uses, and the issuance of building permits therefor, where such uses are inconsistent with the purposes of this section.
30.27(2)(a)2.
2. Establishment of acreage, frontage and setback requirements where compliance with such requirements will result in residential, commercial or industrial uses which are consistent with the purposes of this section.
30.27(2)(b)
(b) The standards established under
par. (a) shall be consistent with but may be more restrictive than any pertinent guidelines and standards promulgated by the secretary of the interior under the wild and scenic rivers act. If it appears to the department that the purposes of this section may be thwarted or the wild, scenic or recreational values of the river adversely affected prior to the implementation of rules under this section, the department may exercise its emergency rule-making authority under
s. 227.24, and such rules shall be effective and implemented and enforced under
sub. (3) until permanent rules are implemented under
sub. (3).
30.27(3)
(3) Implementation. Counties, cities, villages and towns lying, in whole or in part, within the areas affected by the guidelines adopted under
sub. (2) are empowered to and shall adopt zoning ordinances complying with the guidelines and standards adopted under
sub. (2) within 30 days after their effective date. If any county, city, village or town does not adopt an ordinance within the time limit prescribed, or if the department determines that an adopted ordinance does not satisfy the requirements of the guidelines and standards, the department shall immediately adopt such an ordinance. An ordinance adopted by the department shall be of the same effect as if adopted by the county, city, village or town, and the local authorities shall administer and enforce the ordinance in the same manner as if the county, city, village or town had adopted it. No zoning ordinance so adopted may be modified nor may any variance therefrom be granted by the county, city, village or town without the written consent of the department, except nothing in this section shall be construed to prohibit a county, city, village or town from adopting an ordinance more restrictive than that adopted by the department.
30.275
30.275
Scenic urban waterways. 30.275(1)
(1)
Legislative intent. In order to afford the people of this state an opportunity to enjoy water-based recreational activities in close proximity to urban areas, to attract out-of-state visitors and to improve the status of the state's tourist industry, it is the intent of the legislature to improve some rivers and their watersheds. For this purpose a system of scenic urban waterways is established, but no river shall be designated as a scenic urban waterway without legislative act.
30.275(2)
(2) Designation. The following waters are designated scenic urban waterways and shall receive special management as provided under this section:
30.275(2)(a)
(a) The Illinois Fox River and its watershed and the Fox River, extending from Lake Winnebago to Green Bay, and its watershed.
30.275(2)(b)
(b) The Rock River consisting of all of the following:
30.275(2)(b)1.
1. The river from the point that the river flows into the city of Watertown to the point that it flows out of the city of Watertown.
30.275(2)(b)2.
2. The river from the point it flows into the city of Jefferson to the point it flows out of the city of Fort Atkinson.
30.275(2)(b)3.
3. The river from the point it flows into the city of Janesville to the Illinois border.
30.275(3)
(3) Duties of department. The department in connection with scenic urban waterways shall:
30.275(3)(a)
(a) Provide active leadership in the development of a practical management policy.
30.275(3)(b)
(b) Consult with other state agencies and planning committees and organizations.
30.275(3)(c)
(c) Collaborate with municipal governing bodies and their development committees or boards in producing a mutually acceptable program for the preservation, protection and enhancement of the rivers and watersheds.
30.275(3)(e)
(e) Seek the cooperation of municipal officials and private landowners in implementing land use practices to accomplish the objectives of the management policy.
30.275(3)(g)
(g) Develop the Wisconsin Fox River scenic urban waterway, as designated in
sub. (2), as a historic and recreational site.
30.275(4)
(4) Department authority. The department in connection with scenic urban waterways may:
30.275(4)(a)
(a) Acquire and develop land for parks, open spaces, scenic easements, public access, automobile parking, fish and wildlife habitat, woodlands, wetlands and trails.
30.275(4)(c)
(c) Undertake projects to improve surface water quality and surface water flow.
30.275(4)(d)
(d) Provide grants to municipalities, lake sanitary districts, as defined in
s. 30.50 (4q), and public inland lake protection and rehabilitation districts to undertake any of the activities under
pars. (a) to
(c).
30.275(5)
(5) Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects.
30.277
30.277
Urban rivers grant program. 30.277(1)
(1)
Funding. Beginning in fiscal year 1992-93 and ending in fiscal year 1999-2000, from the appropriation under
s. 20.866 (2) (tz), the department shall award grants to municipalities to assist municipalities in projects on or adjacent to rivers that flow through urban areas. For each fiscal year, except as provided in
s. 23.0915 (1r) (c), the department shall designate for expenditure $1,900,000 for grants under this section and for grants under
s. 23.096 for the purposes under
sub. (2) (a).
30.277(2)(a)(a) Grants awarded under this section shall be used for projects that emphasize the preservation or restoration of urban rivers or riverfronts for the purposes of economic revitalization and encouraging outdoor recreation activities that involve the enjoyment of the state's natural resources. These outdoor recreation activities include, but are not limited to fishing, wildlife observation, enjoyment of scenic beauty, canoeing, boating, hiking and bicycling.
30.277(2)(b)
(b) A grant awarded to a municipality under this section may be used to acquire land. For purposes of this paragraph, "land" includes rights in land.
30.277(3)
(3) Criteria for grants. The department shall consider all of the following criteria in awarding grants for projects under this section:
30.277(3)(a)
(a) The extent to which diverse outdoor recreational opportunities will be made available to all segments of the population.
