30.19(4)(c)4.
4. No material injury will result to the riparian rights of any riparian owners of real property that abuts any water body that is affected by the activity.
30.19(5)
(5) Requirement for public access. A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall require that the navigable portion of the artificial water body be a public waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.
30.19 Cross-reference
Cross Reference: See also chs.
NR 305,
322,
340, and
353, Wis. adm. code.
30.19 Annotation
The DNR has subject matter jurisdiction to issue after-the-fact permits, as well as those issued prior to the commencement of construction. Capoun Revocable Trust v. Ansari, 2000 WI App 83,
234 Wis. 2d 335,
610 N.W.2d 129.
30.19 Annotation
The only specific exemption from the jurisdiction of the DNR over navigable waters is that of s. 30.19 (1) (d) [now s. 30.19 (1m)], concerning agricultural uses of land. The department determines dam regulations for dams on drainage ditches, regardless of the purpose of the dam. 63 Atty. Gen. 355.
30.19 Annotation
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to s. 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.195
30.195
Changing of stream courses. 30.195(1)
(1)
Permit required. Unless a permit has been issued under this section or authorization has been granted by the legislature, no person may change the course of or straighten a navigable stream.
30.195(2)(a)(a) A riparian owner shall apply to the department for an individual permit in order to engage in activities for which a permit is required under
sub. (1).
30.195(2)(c)
(c) The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following apply:
30.195(2)(c)1.
1. The applicant is the owner of any land upon which the change in course or straightening of the navigable stream will occur.
30.195(2)(c)2.
2. The proposed change of course or straightening of the navigable stream will improve the economic or aesthetic value of the applicant's land.
30.195(2)(c)3.
3. The proposed change of course or straightening of the navigable stream will not adversely affect the flood flow capacity of the stream or otherwise be detrimental to the public interest.
30.195(2)(c)4.
4. The proposed change of course or straightening of the navigable stream will not be detrimental to the rights of other riparian owners located on the stream or all of these riparian owners have consented to the issuance of the permit.
30.195(4)
(4) Liability for negligence. No common law liability, and no statutory liability which may be provided elsewhere in these statutes, for damages resulting from the changing of the course of or from the straightening of a stream is in any manner affected by this section, nor does this section create any liability on the part of the state for any such damages, but a person who changes the course of a stream or straightens a stream in accordance with a permit granted pursuant to this section is presumed to have exercised due care in such changing or straightening.
30.195(7)
(7) Application of section. This section does not apply to municipal or county-owned lands in counties having a population of 750,000 or more.
30.195 History
History: 1987 a. 374;
2003 a. 118.
30.195 Cross-reference
Cross Reference: See also chs.
NR 305,
340, and
353, Wis. adm. code.
30.195 Annotation
The elements of proof required for a conviction under sub. (1) are discussed. 67 Atty. Gen. 265.
30.196
30.196
Enclosure of navigable waters; issuance of permits to municipalities. A municipality may enclose navigable waters by directing, placing or restricting navigable waters into an enclosed drain, conduit, storm sewer or similar structure if the department grants the municipality an individual permit. The department may grant this permit to a municipality after following the notice and hearing requirements under
s. 30.208 (3) to
(5) if it finds that granting the permit:
30.196(2)
(2) Will not violate public rights; and
30.196(3)
(3) Will not endanger life, health or property.
30.20
30.20
Removal of material from beds of navigable waters. 30.20(1)(1)
Permits or contracts required. 30.20(1)(a)(a) Unless a contract has been entered into with the department under
sub. (2) (a) or
(b) or authorization has been granted by the legislature, no person may remove any material from the bed of a natural navigable lake or from the bed of any outlying waters.
30.20(1)(b)
(b) Unless an individual or a general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not described under
par. (a).
30.20(1g)(a)1.1. A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas.
30.20(1g)(a)2.
2. A person who proposes a removal under
subd. 1. which may have an effect on cold-water fishery resources or may affect fish spawning beds or nursery areas shall notify the department at least 10 days prior to the removal.
30.20(1g)(b)
(b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies:
30.20(1g)(b)1.
1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter.
30.20(1g)(b)2.
2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power.
30.20(1g)(c)
(c) A removal of material by the drainage board for the Duck Creek Drainage District from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources.
30.20(1k)(a)(a) The department may promulgate rules concerning the exempt activities under
sub. (1g) that only do any of the following:
30.20(1k)(a)1.
1. Establish reasonable procedures for undertaking the removal of material to minimize environmental impacts.
30.20(1k)(a)2.
2. Establish reasonable limitations on the location of the removal of material at the site affected by the activity.
30.20(1k)(b)
(b) Notwithstanding
par. (a), the rules under
par. (a) 1. may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.
30.20(1m)
(1m) Permits or contracts in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under
sub. (1g) apply for an individual permit or contract, or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
30.20(1m)(a)
(a) Significant adverse impacts to the public rights and interests.
30.20(1m)(c)
(c) Material injury to the riparian rights of any riparian owner.
30.20(1r)(a)(a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under
sub. (1g). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
30.20(1r)(b)
(b) The department shall do all of the following within 15 days after receipt of a statement under
par. (a):
30.20(1r)(b)1.
1. Enter and inspect the site on which the activity is located, subject to
s. 30.291, if the department determines such an inspection is necessary.
30.20(1r)(b)2.
2. Make a determination as to whether the activity is exempt.
30.20(1r)(b)3.
3. Notify in writing the person submitting the statement of which general permit or individual permit will be required, or whether a contract will be required, if the department determines that the activity is not exempt.
30.20(1r)(c)
(c) If the department does not take action under
par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit, seek authorization under a general permit, or apply to enter a contract unless required to do so by a court or hearing examiner.
30.20(1r)(d)
(d) If a statement under
par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under
par. (b) does not apply.
30.20(1t)(a)(a) The department shall issue statewide general permits under
s. 30.206 that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.
30.20(1t)(am)
(am) No person may be authorized to proceed under a general permit issued under
par. (a) unless the person has demonstrated to the department that material has been previously removed from the area for which the person has requested authorization to proceed.
30.20(1t)(b)
(b) The department may promulgate rules that specify other types of removals, in addition to the one listed in
par. (a), that may be authorized by statewide general permits.
30.20(2)
(2) Contracts and individual permits. 30.20(2)(a)(a) The department may enter into a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any outlying waters if the contract is consistent with public rights. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain any conditions that the department determines are necessary for the protection of the public interest and the interests of the state. Each contract entered into under this paragraph shall also fix the amount of compensation to be paid to the state for the material to be removed, except that the contract may not require that any compensation be paid for material if the material will not be resold. Each contract entered into under this paragraph may not run for more than 5 years. The department may allow one extension of a contract entered into under this paragraph, upon application to the department. The extension shall be for the same period as the original contract.
30.20(2)(b)
(b) The department may enter into a contract on behalf of the state for the removal and lease or sale of any mineral, ore, or other material from beneath the bed of a navigable water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain any conditions that the department determines are necessary for the protection of the public interest and the interest of the state. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the mineral, ore, or other material to be removed. Each contract entered into under this paragraph may not run for more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.
30.20(2)(bn)
(bn) For a removal that is not exempt under
sub. (1g) and that is not subject to a general permit under
sub. (1t), a person may apply to the department for an individual permit that is required under
sub. (1) (b) in order to remove material from the bed of any lake or stream not described under
sub. (1) (a).
30.20(2)(c)
(c) The department shall issue an individual permit pursuant to an application under
par. (bn) if the department finds that the issuance of the permit will be consistent with the public interest in the lake or stream.
30.20(2)(d)
(d) If an applicant for a permit under
par. (bn) submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years. The department may allow one extension of a permit issued under this paragraph, upon application to the department. The extension shall be for the same period of time as the original permit.
30.20(2)(e)
(e) The notice and hearing provisions of
s. 30.208 (3) to
(5) apply to an application for a permit or contract under this subsection.
30.20 Cross-reference
Cross Reference: See also chs.
NR 305,
320,
346,
347, and
353, Wis. adm. code.
30.20 Annotation
Before proceeding to remove an obstruction under s. 88.90 (3), one must obtain a permit under s. 30.20. State v. Dwyer,
91 Wis. 2d 440,
283 N.W.2d 448 (Ct. App. 1979).
30.20 Annotation
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
30.201
30.201
Financial assurance for nonmetallic mining. 30.201(1)(1) If the department requires that financial assurance be provided as a condition for a permit under
s. 30.19,
30.195, or
30.20 or for a contract under
s. 30.20 for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:
30.201(1)(f)
(f) Any other demonstration of financial responsibility.
30.201(2)
(2) Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.
30.201 History
History: 2003 a. 118.
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. 29.601,
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(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.
