30.203(3)(a)4.
4. Approve the project if it finds that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under
sub. (4).
30.203(3)(b)
(b) The department shall determine the manner in which and to whom notice will be given of the public informational meeting held under
par. (a) 3.
30.203(4)
(4) Requirements for structures and fill. A structure or fill placed as part of the project authorized under
sub. (1) shall meet all of the following requirements:
30.203(4)(a)
(a) It may not reduce the effective flood flow capacity of the Wolf River or the Fox River above the point where the Fox River flows into Lake Butte des Morts.
30.203(4)(c)
(c) It may not cause material injury to the rights of a riparian owner who owns land that abuts a navigable waterway that is affected by the project.
30.203(4)(e)
(e) It may not be detrimental to the public interest.
30.203(5)
(5) Oversight and maintenance by the department. 30.203(5)(a)(a) The department shall monitor the project authorized under
sub. (1) to assure that the project is furthering a purpose specified in
sub. (1).
30.203(5)(b)
(b) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) to assure that the structures and fill do not impair the safety of the public.
30.203(5)(c)
(c) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) in a manner that does not impair the natural aesthetic value of the area, to the extent practicable.
30.203(5)(d)
(d) The department shall maintain the structures and the fill that are part of the project authorized under
sub. (1) so that they remain in compliance with the requirements listed under
sub. (4).
30.203(5)(e)
(e) If the department determines that any structure or any fill that is part of the project authorized under
sub. (1) does not comply with the requirements under
sub. (4), the department shall modify the structure or fill to bring it into compliance. If the department cannot modify the structure or fill to bring it into compliance, the department shall remove the structure or fill.
30.203(6)(a)(a) Any structure or fill placed as part of the project authorized under
sub. (1) may be used only for any of the following:
30.203(6)(a)1.
1. As a site for the placement of navigation aids approved by the department.
30.203(6)(a)2.
2. Activities to protect or improve wildlife or fish habitat, including the placement of fish or wildlife habitat structures approved by the department.
30.203(6)(b)
(b) The department may promulgate rules to reasonably limit use by the public under
par. (a) 3.
30.203(7)
(7) Ownership; jurisdiction. The structures or fill that are part of the project authorized under
sub. (1) are owned by the state and are under the jurisdiction of the department. The state may not transfer ownership of a structure or any fill that is part of the project authorized under
sub. (1).
30.203(8)
(8) Exemptions. Section 30.12 does not apply to activities that are necessary for the implementation or maintenance of the project authorized under
sub. (1).
30.203 History
History: 1991 a. 39;
1995 a. 27,
227.
30.2035
30.2035
Shoreline protection study. The department shall conduct a study on shoreline protection measures, including the use of seawalls, and on the environmental impact that these measures may have. No later than June 1, 1996, the department shall complete the study and shall distribute the results of the study, including the department's findings and recommendations, to the appropriate standing committees of the legislature in the manner provided under
s. 13.172 (3). The recommendations shall include any proposed legislation or rules that are necessary to implement the recommendations. Any rules that the department proposes to implement the recommendations of the study shall be submitted for review by the legislative council staff under
s. 227.15 (1) no later than 7 months after the study is completed.
30.2035 History
History: 1993 a. 421.
30.2037
30.2037
Big Silver Lake high-water mark. The ordinary high-water mark of Big Silver Lake in the town of Marion in Waushara County shall be set by the department at 867 feet above mean sea level as determined under U.S. geological survey standards.
30.2037 History
History: 1997 a. 27.
30.204
30.204
Lake acidification experiment. 30.204(1)
(1)
Authorization. Between May 15, 1984, and January 1, 2008, the department is authorized to conduct a lake acidification experiment on the lake specified under
sub. (2).
30.204(2)
(2) Lake selection. The department shall select Little Rock Lake in the town of Arbor Vitae, Vilas County, township 41 north, range 6 east, for the lake acidification experiment.
30.204(3)
(3) Experiment. In conducting the lake acidification experiment, the department shall deny access to and prohibit navigation on the lake by posted notice, may place a barrier or dyke across the lake, may place chemicals or other substances in the lake and may take other actions necessary for the experiment.
30.204(4)(a)(a) Before artificially acidifying the lake, the department shall establish an escrow account containing sufficient funds to restore the lake and its aquatic life as provided under
par. (c).
30.204(4)(b)
(b) After the department has artificially acidified the lake, it may allow and monitor the natural restoration of the lake and its aquatic life as part of the experiment.
30.204(4)(c)
(c) At the conclusion of the experiment or in the event of an unanticipated occurrence that requires that the lake be restored before the conclusion of the experiment, the department shall do all of the following to the fullest extent possible given available technology:
30.204(4)(c)1.
1. Artificially restore the lake to its original acid level if the lake has not been naturally restored to the original acid level during the experiment.
30.204(4)(c)2.
2. Artificially reestablish the lake's aquatic life if the aquatic life has not been naturally reestablished during the experiment.
30.204(5)
(5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under
s. 29.601 (3),
30.01 to
30.03,
30.06 to
30.16,
30.18 to
30.29,
30.50 to
30.99,
59.692,
87.30,
287.81,
299.15 to
299.23,
299.91,
299.95 or
299.97 or
chs. 281,
283 or
289 to
292 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or chapters.
30.204(6)
(6) Compliance with environmental impact statute. The department shall comply with the requirements under
s. 1.11 in conducting the experiment authorized by this section. The department shall initiate compliance by preparing and reviewing, under the procedures it has established under
s. 1.11, an environmental assessment for this experiment.
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)
Procedure for issuing general permits. 30.206(1)(a)(a) The department shall issue the statewide general permits as rules promulgated under
ch. 227 required under
ss. 30.12 (3) (a),
30.123 (7) (a), and
30.20 (1t) (a). The statewide general permits required under
ss. 30.12 (3) (a),
30.123 (7) (a), and
30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under
s. 30.19 (3r) (a) and the rule under
s. 30.19 (1d) to the legislative council staff under section 227.15 (1) no later than August 1, 2004. General permits issued under s.
30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.
30.206(1)(c)
(c) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in
s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:
30.206(1)(c)1.
1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.
30.206(1)(c)2.
2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.
30.206(1)(c)3.
3. Restrictions to protect areas of special natural resource interest.
30.206(1m)
(1m) General permit for certain utility facilities. The department shall issue a general permit under this section for the construction of projects for which the commission is considered to have issued a certificate under
s. 196.491 (3b).
30.206(3)
(3) Procedures for conducting activities under general permits. 30.206(3)(a)(a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to
s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.
30.206(3)(b)
(b) If within 30 days after a notification under
par. (a) is submitted to the department the department does not require any additional information about the activity that is subject to the notification and does not inform the applicant that an individual permit will be required, the activity will be considered to be authorized by the general permit and the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all of the conditions of the general permit.
30.206(3)(c)
(c) Upon completion of an activity that the department has authorized under a general permit, the applicant for the general permit shall provide to the department a statement certifying that the activity is in compliance with all of the conditions of the general permit and a photograph of the activity.
30.206(3r)
(3r) Individual permit in lieu of general permit. 30.206(3r)(a)(a) The department may decide to require a person who has applied under
sub. (3) for authorization to proceed under a general permit to apply for and be issued an individual permit or be granted a contract if either of the following applies:
30.206(3r)(a)1.
1. The department determines that the proposed activity is not authorized under the general permit.
30.206(3r)(a)2.
2. The department has conducted an investigation and visited the site and has determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution, as defined in
s. 299.01 (4), or material injury to the riparian rights of any riparian owner.
30.206(3r)(b)
(b) A decision by the department to require an individual permit under this subsection shall be in writing.
30.206(5)
(5) Failure to follow procedural requirements. 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) Request for individual permit. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this subchapter or
ch. 31 in lieu of seeking authorization under the general permit.
30.206(7)
(7) Inapplicability. 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).
30.206 Cross-reference
Cross Reference: See also ch.
NR 322, Wis. adm. code.
30.207
30.207
General permit pilot program. 30.207(1)
(1)
Geographical area. For purposes of this section and
s. 30.2023, 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.
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)(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.
