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(7)
(7) This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under
s. 30.207 (1m) if the application for the general permit may be submitted under
s. 30.207.
30.207
30.207
General permit pilot program. 30.207(1)
(1)
Geographical area. For purposes of this section, the Wolf River and Fox River basin area consists of all of Winnebago County; the portion and shoreline of Lake Poygan in Waushara County; the area south of STH 21 and east of STH 49 in Waushara County; that portion of Calumet County in the Lake Winnebago watershed; all of Fond du Lac County north of STH 23; that portion of Outagamie County south and east of USH 41; that portion of Waupaca County that includes the town of Mukwa, city of New London, town of Caledonia, town of Fremont, and the portion and shoreline of Partridge Lake and the Wolf River in the town of Weyauwega.
30.207(1m)
(1m) Optional area. In addition to the the Wolf River and Fox River basin area, the secretary may designate another area of the state in which general permits may be issued under this section. If the secretary designates an area under this subsection, the secretary shall do so within 6 months after the effective date of the first permit issued for the Wolf River and Fox River basin area.
30.207(2)
(2) Activities covered. Within the Wolf River and Fox River basin area or any area designated under
sub. (1m), the department may issue a general permit under this section authorizing any activity that would require a permit or approval under this chapter if the department determines that it is appropriate to issue a general permit under
sub. (6). The department may issue a general permit on its own initiative or based on an application submitted under
sub. (3).
30.207(3)
(3) Application for general permit. 30.207(3)(a)(a) Any local entity, as defined in
s. 30.77 (3) (dm), any group of 10 riparian owners who will be affected by the issuance of a general permit, or any contractor who is or has been involved in the construction of structures or along navigable waters may apply for a general permit under this section.
30.207(3)(b)
(b) Upon the request of a prospective applicant specified in
par. (a), and before an application is submitted, the department shall meet with the prospective applicant, and other interested persons as determined by the prospective applicant or the department, to make a preliminary analysis of the likelihood that the department will issue the general permit.
30.207(3)(c)
(c) An application for a general permit under this section shall include all of the following:
30.207(3)(c)1.
1. The name, legal address and telephone number of each applicant.
30.207(3)(c)2.
2. A U.S. geological survey map or similar map that has a scale of not less than one inch per 2,000 feet and that shows the proposed permit area.
30.207(3)(c)3.
3. A general legal description to quarter-quarter section of the proposed permit area.
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 employee 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 employee 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 employee of the department, proper identification issued by the department.
30.207(9)(b)
(b) For an agent who is not an employee 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.
30.24
30.24
Bluff protection. 30.24(1)(1)
Definitions. In this section:
30.24(2)
(2) Authorization. For the purposes of protecting bluff land, the department may expend money from the appropriation under
s. 20.866 (2) (ta) for a program under which the department may do all of the following:
30.24(2)(a)
(a) Acquire bluff land or interests in bluff land along the Great Lakes.
30.24(2)(b)
(b) Award grants to nonprofit conservation organizations to acquire these lands or interests under
s. 23.096.
30.24(3)
(3) Ban on location restrictions. In exercising its authority under
sub. (2) (a), the department may not limit acquisitions of bluff lands to bluff lands that are within the boundaries of projects established by the department.
30.24(4)
(4) Limit on grants. A grant awarded under this section or under
s. 23.096 to protect bluffs may not exceed 50% of the acquisition costs.
30.24(5)
(5) Rules. The department shall promulgate rules to administer and implement this section, including standards for awarding grants to protect bluffs under this section and under
s. 23.096 grants. The department by rule shall define "bluff land" for purposes of this section.
30.24 History
History: 1999 a. 9.
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.
