31.385(1b)(a)
(a) "Dam safety project" means the maintenance, repair, modification, abandonment or removal of a dam to increase its safety or any other activity that will increase the safety of a dam.
31.385(1b)(b)
(b) "Small dam" means a dam that is less than 15 feet high and that creates an impoundment of 100 surface acres of water or less.
31.385(1m)
(1m) The department shall promulgate the rules necessary to administer a financial assistance program for dam safety projects under which financial assistance shall be provided as follows:
31.385(1m)(a)
(a) To municipalities and public inland lake protection and rehabilitation districts for any type of dam safety projects.
31.385(1m)(b)
(b) To private owners for the removal of small dams.
31.385(1m)(c)
(c) To any persons for the removal of abandoned dams.
31.385(2)
(2) The following standards shall apply to financial assistance under this section for dam safety projects:
31.385(2)(a)1.1. Except as provided in
subd. 2., financial assistance for a dam safety project is limited to no more than 50% of the cost of the project.
31.385(2)(a)2.
2. A project to remove an abandoned dam shall not be subject to the 50% cost limit under
subd. 1.
31.385(2)(a)3.
3. Financial assistance is limited to no more than $200,000 for each dam safety project.
31.385(2)(ag)
(ag) Of the amounts appropriated under
s. 20.866 (2) (tL), at least $250,000 shall be used for projects to remove small dams. A project to remove a small dam may include restoring the stream or river that was dammed.
31.385(2)(b)
(b) The department shall determine which projects shall receive funding priority.
31.385(2)(bm)
(bm) The department may provide financial assistance for an activity other than the maintenance, repair, modification, abandonment or removal of the dam only if the cost of that activity will be less than the cost of the maintenance, repair, modification or removal of the dam.
31.385(2)(c)
(c) No financial assistance may be provided under this section for a dam safety project unless at least one of the following applies:
31.385(2)(c)1.
1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section within 6 months after having received department directives, based on the department's investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.
31.385(2)(c)2.
2. The municipality, public inland lake protection and rehabilitation district or other person applying for state financial assistance under this section has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.
31.385(2)(e)
(e) No financial assistance may be provided under this section before January 1, 1990.
31.385(3)
(3) The department shall provide municipalities, public inland lake protection and rehabilitation districts and other persons receiving state financial assistance under this section with technical assistance for dam safety projects under this section. The department shall coordinate the financial assistance program under this section with other related state and federal programs.
31.385(4)(a)(a) The department shall maintain an inventory of all dams in the state that require a dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.
31.385(4)(b)
(b) The department shall provide notice to the owner of a dam that is included in the inventory. The department shall by rule establish a notice and hearing process for a dam owner to object to the inclusion of the owner's dam on the list. The department shall use this notice and hearing each time a dam is included in the inventory. The process shall include a public hearing in the city, village or town in which the dam is located, a public comment period, and an appeals process.
31.39
31.39
Fees for permits, approvals and hearings. 31.39(1)(1)
Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under
ss. 31.02 to
31.185 and
31.33 to
31.38. The permit or approval fee shall accompany the permit application or request for approval.
31.39(2)(a)(a) For fees charged for permits and approvals under
ss. 31.02 to
31.185 and
31.33 to
31.38, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
31.39(2)(a)1.
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
31.39(2)(a)2.
2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
31.39(2)(a)3.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
31.39(2)(b)
(b) For conducting a hearing on an application for which notice is provided under
s. 31.06 (1), the person requesting the hearing for the permit or approval shall pay a fee of $25.
31.39(2m)(a)(a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.
31.39(2m)(b)
(b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
31.39(2m)(c)
(c) If more than one fee under
sub. (2) (a) or
s. 30.28 (2) (a) or
281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
31.39(2m)(d)
(d) The department, by rule, may increase any fee specified in
sub. (2).
31.39(2r)(a)(a) The department, by rule, may charge a supplemental fee for a permit or approval that is in addition to the fee charged under this section if all of the following apply:
31.39(2r)(a)1.
1. The applicant requests in writing that the permit or approval be issued within a time period that is shorter than the time limit promulgated under
par. (b) for that type of permit or approval.
31.39(2r)(a)2.
2. The department verifies that it will be able to comply with the request.
31.39(2r)(b)
(b) If the department promulgates a rule under
par. (a), the rule shall contain a time limit for each type of permit or approval classified under
sub. (2) (a) for determining whether the department will grant the permit or approval.
31.39(3)
(3) Exemptions. This section does not apply to any federal agency or state agency.
31.99
31.99
Parties to a violation. 31.99(1)
(1) Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
31.99(2)
(2) A person is concerned in the commission of the violation if the person:
31.99(2)(b)
(b) Aids and abets the commission of it; or
31.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
31.99 History
History: 1975 c. 365.
