281.31(5)(a)5.
5. Use dispersions within an area shall be preferred over concentrations of uses or their undue proximity to each other.
281.31(5)(b)
(b) The department shall apply to the plan the standards and criteria set forth in
sub. (6).
281.31(6)
(6) Within the purposes of
sub. (1) the department shall prepare and provide to municipalities general recommended standards and criteria for navigable water protection studies and planning and for navigable water protection regulations and their administration. Such standards and criteria shall give particular attention to safe and healthful conditions for the enjoyment of aquatic recreation; the demands of water traffic, boating and water sports; the capability of the water resource; requirements necessary to assure proper operation of septic tank disposal fields near navigable waters; building setbacks from the water; preservation of shore growth and cover; conservancy uses for low lying lands; shoreland layout for residential and commercial development; suggested regulations and suggestions for the effective administration and enforcement of such regulations.
281.31(7)
(7) The department, the municipalities and all state agencies shall mutually cooperate to accomplish the objective of this section. To that end, the department shall consult with the governing bodies of municipalities to secure voluntary uniformity of regulations, so far as practicable, and shall extend all possible assistance therefor.
281.31(8)
(8) This section and
ss. 59.692,
61.351 and
62.231 shall be construed together to accomplish the purposes and objective of this section.
281.31(10)
(10) A person aggrieved by an order or decision of the department under this section may cause its review under
ch. 227.
281.31 Cross-reference
Cross Reference: See also chs.
NR 115 and
117, Wis. adm. code.
281.31 Annotation
A prohibition against filling in wetlands pursuant to an ordinance adopted under ss. 59.971 and 144.26 [now 59.692 and 281.31] does not amount to an unconstitutional taking of property. Police powers vs. eminent domain discussed. Just v. Marinette County,
56 Wis. 2d 7,
201 N.W.2d 761 (1972).
281.31 Annotation
The concept that an owner of real property can, in all cases, do as he or she pleases with his or her property is no longer in harmony with the realities of society. The the "reasonable use" rule codified in the second Restatement of the Law of Torts is adopted. State v. Deetz,
66 Wis. 2d 1,
224 N.W.2d 407 (1974).
281.31 Annotation
The powers of a drainage board are not superseded by a shoreline zoning board or the department; however, navigable drainage ditches are within the jurisdiction of the department under s. 144.26 (2) (d) [now s. 281.31 (2) (d)]. 63 Atty. Gen. 355.
281.31 Annotation
The necessity of zoning variance or amendments notice to the Wisconsin department of natural resources under the shoreland zoning and navigable waters protection acts. Whipple, 57 MLR 25.
281.31 Annotation
The public trust doctrine. 59 MLR 787.
281.31 Annotation
Water quality protection for inland lakes in Wisconsin; a comprehensive approach to water pollution. Kusler, 1970 WLR 35.
281.31 Annotation
Land as property; changing concepts. Large, 1973 WLR 1039.
281.31 Annotation
Wisconsin's Shoreland Management Program: An Assessment With Implications for Effective Natural Resources Management and Protection. Kuczeski. 1999 WLR 273.
281.33
281.33
Construction site erosion control and storm water management. 281.33(1)(1)
Objectives. To aid in the fulfillment of the state's role as trustee of its navigable waters, to promote public health, safety and general welfare and to protect natural resources, it is declared to be in the public interest to make studies, establish policies, make plans, authorize municipal construction site erosion control and storm water management zoning ordinances for the efficient use, conservation, development and protection of this state's groundwater, surface water, soil and related resources and establish a state storm water management plan for the efficient use, conservation, development and protection of this state's groundwater, surface water, soil and related resources while at the same time encouraging sound economic growth in this state. The purposes of the municipal ordinances and state plan shall be to further the maintenance of safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion; prevent and control the adverse effects of storm water; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth.
281.33(2)
(2) State storm water management plan. The department, in consultation with the department of commerce, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under
s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under
s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.
281.33(3)(a)1.1. Except as restricted under
subd. 2., the department shall establish by rule minimum standards for activities related to construction site erosion control at sites where the construction activities do not include the construction of a building and to storm water management.
281.33(3)(a)2.
2. The department, in cooperation with the department of transportation, shall establish by rule minimum standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction.
281.33(3)(a)3.
3. Minimum standards for storm water management established under this paragraph are applicable to the state plan under
sub. (2). The department shall encourage a city, village, town or county to comply with minimum standards established under this paragraph for any construction site erosion control and storm water management zoning ordinance enacted under
s. 59.693,
60.627,
61.354 or
62.234.
281.33(3)(a)4.
4. The department shall identify low-cost practices which would enable a person to comply with these minimum standards.
281.33(3)(b)
(b) The minimum standards for construction site erosion control at sites where the construction activities do not include the construction of a building shall provide for the regulation of any construction activity, at such a site, that:
281.33(3)(b)1.
1. Involves the grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity which affects an area of 4,000 square feet or more.
281.33(3)(b)2.
2. Involves the excavation or filling or a combination of excavation and filling which affects 400 cubic yards or more of dirt, sand or other excavation or fill material.
281.33(3)(b)3.
3. Involves street, highway, road or bridge construction, enlargement, relocation or reconstruction.
281.33(3)(b)4.
4. Involves the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.
281.33(3)(b)5.
5. Requires a subdivision plat approval or a certified survey.
281.33(3)(c)
(c) The minimum standards for storm water management shall provide for the regulation of any construction activity which:
281.33(3)(c)1.
1. Is a residential development with a gross aggregate area of 5 acres or more.
281.33(3)(c)2.
2. Is a residential development with a gross aggregate area of 3 acres or more with at least 1.5 acres of impervious surfaces.
281.33(3)(c)3.
3. Is a development other than a residential development with a gross aggregate area of 3 acres or more.
281.33(3)(c)4.
4. Is likely to result in storm water runoff which exceeds the safe capacity of the existing drainage facilities or receiving body of water, which causes undue channel erosion, which increases water pollution by scouring or the transportation of particulate matter or which endangers downstream property.
281.33(4)
(4) Model ordinances; state plan; distribution. The department shall prepare a model zoning ordinance for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management in the form of an administrative rule. The model ordinance is subject to
s. 227.19 and other provisions of
ch. 227 in the same manner as other administrative rules. Following the promulgation of the model ordinance as a rule, the department shall distribute a copy of the model ordinance to any city, village, town or county that submits a request. The department shall distribute a copy of the state plan to any agency which submits a request.
281.33(5)
(5) Cooperation. The department, the municipalities and all state agencies shall cooperate to accomplish the objective of this section. To that end, the department shall consult with the governing bodies of municipalities to secure voluntary uniformity of regulations, so far as practicable, shall prepare model ordinances under
sub. (4), shall extend assistance to municipalities under this section, shall prepare the plan under
sub. (2), shall encourage uniformity through the implementation of this plan and the utilization of memoranda of understanding which are substantially similar to the plan and shall extend assistance to agencies under this section.
281.33 History
History: 1983 a. 416; Stats. 1983 s. 144.265;
1983 a. 538 s.
150; Stats. 1983 s. 144.266;
1985 a. 182 s.
57;
1987 a. 27;
1989 a. 31;
1993 a. 16,
246;
1995 a. 27 ss.
4303cm,
9116 (5);
1995 a. 201;
1995 a. 227 s.
434; Stats. 1995 s. 281.33.
281.35
281.35
Water resources conservation and management. 281.35(1)(b)
(b) "Authorized base level of water loss" means any of the following:
281.35(1)(b)1.
1. The maximum 30-day average water loss authorized as a condition of an approval.
281.35(1)(b)3.
3. If there is no water loss from an existing withdrawal, zero gallons per day.
281.35(1)(c)
(c) "Consumptive use" means a use of waters of the state, other than an interbasin diversion, that results in a failure to return any or all of the water to the basin from which it is withdrawn. "Consumptive uses" include, but are not limited to, evaporation and incorporation of water into a product or agricultural crop.
281.35(1)(d)
(d) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois Rivieres, Quebec.
281.35(1)(e)
(e) "Great Lakes charter" means the document establishing the principles for the cooperative management of Great Lakes water resources, signed by the governors and premiers of the Great Lakes region on February 11, 1985.
281.35(1)(f)
(f) "Great Lakes region" means the geographic region composed of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin, the commonwealth of Pennsylvania and the provinces of Ontario and Quebec, Canada.
281.35(1)(g)
(g) "Interbasin diversion" means a transfer of the waters of the state from either the Great Lakes basin or the upper Mississippi River basin to any other basin.
281.35(1)(h)
(h) "International joint commission" means the commission established by the boundary water agreement of 1909 between the United States and Canada.
281.35(1)(i)
(i) "Person" has the meaning given in
s. 281.01 (9) and also includes special purpose districts established under
s. 66.0827, other states and provinces and political subdivisions of other states and provinces.
281.35(1)(j)
(j) "Upper Mississippi River basin" means the watershed of the Mississippi River upstream from Cairo, Illinois.
281.35(1)(k)
(k) "Upper Mississippi River region" means the geographic region composed of the states of Illinois, Iowa, Minnesota, Missouri and Wisconsin.
281.35(1)(L)
(L) "Water loss" means a loss of water from the basin from which it is withdrawn as a result of interbasin diversion or consumptive use or both.
281.35(1)(m)
(m) "Withdrawal" means the removal or taking of water from the waters of the state.
281.35(2)
(2) Aggregation of multiple withdrawals. 281.35(2)(a)(a) In calculating the total amount of an existing or proposed withdrawal for purposes of determining the applicability of
sub. (3), a person shall include all separate withdrawals which the person makes or proposes to make for a single use or for related uses.
281.35(2)(b)
(b) In calculating the total amount of an existing or proposed water loss for purposes of determining the applicability of
sub. (4), a person shall include all separate interbasin diversions and consumptive uses, or combinations thereof, which the person makes or proposes to make for a single use or for related uses.
281.35(3)(a)1.1. Except as provided in
par. (b), any person who, on January 1, 1986, is making a withdrawal averaging more than 100,000 gallons per day in any 30-day period shall register the withdrawal with the department before July 1, 1987.
281.35(3)(a)2.
2. Except as provided in
par. (b), any person who, on or after January 1, 1986, proposes to begin a withdrawal that will average more than 100,000 gallons per day in any 30-day period shall register the proposed withdrawal with the department.
281.35(3)(am)
(am) A registration under
par. (a) shall contain a statement of and supporting documentation for all of the following:
281.35(3)(am)3.
3. The location and nature of the proposed or existing water use.
281.35(3)(am)4.
4. The actual or estimated average annual and monthly volumes and rates of withdrawal.
281.35(3)(am)5.
5. The actual or estimated average annual and monthly volumes and rates of water loss from the withdrawal.
281.35(3)(b)1.
1. A person making a withdrawal who has been issued an approval and, as a condition of the approval, is reporting the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department or, if the person is a public utility, to the public service commission.
281.35(3)(b)2.
2. A person who is required to comply with
sub. (4) before beginning the proposed withdrawal.
281.35(3)(b)3.
3. A person holding a permit under
s. 283.31 or the federal water pollution control act, as amended,
33 USC 1251 to
1376, for whom the department has established a water loss coefficient, based on flow diagrams and other water use information provided by the permittee, that the department uses to calculate the permittee's water loss.
281.35(3)(c)
(c) Each person who registers a withdrawal under
par. (a) shall report the volume and rate of withdrawal and, if applicable, the volume and rate of water loss from the withdrawal to the department in the form and at the times required by the department.
281.35(4)(a)(a) This subsection applies to all of the following:
281.35(4)(a)1.
1. A person to whom a permit has been issued under
s. 30.18 or who is required to obtain a permit under that section before beginning or increasing a withdrawal.
281.35(4)(a)2.
2. A person who is operating a well under an approval issued under
s. 281.17 (1) or who is required to obtain an approval under that paragraph before constructing or installing a well.
281.35(4)(a)3.
3. An owner who is operating a system or plant under plans approved under
s. 281.41 or who is required to submit plans and obtain an approval under that section before construction or extension of a proposed system or plant.
281.35(4)(b)
(b) Before any person specified in
par. (a) may begin a new withdrawal or increase the amount of an existing withdrawal, the person shall apply to the department under
s. 30.18,
281.17 (1) or
281.41 for a new approval or a modification of its existing approval if either of the following conditions applies:
281.35(4)(b)1.
1. The person proposes to begin a new withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
281.35(4)(b)2.
2. The person proposes to increase an existing withdrawal that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period above the person's authorized base level of water loss.
281.35(5)(a)(a)
Application. An application under
sub. (4) (b) shall contain a statement of and documentation for all of the following:
281.35(5)(a)1.
1. The current operating capacity of the withdrawal system, if the proposed increase requires the expansion of an existing system.
281.35(5)(a)2.
2. The total new or increased operating capacity of the withdrawal system.
