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.
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(6)(a)(a) 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.
30.208
30.208
Applications for individual permits and contracts; department determinations. 30.208(1)
(1)
Application required. A person who seeks to obtain or modify an individual permit under this subchapter or to enter into a contract under
s. 30.20 shall submit an application to the department. The application may contain a request for a public hearing on the application.
30.208(2)
(2) Procedure for completing applications. In issuing individual permits or entering contracts under this subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under
s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete.
30.208(3)
(3) Notice of complete application; request for public hearing; decision. 30.208(3)(a)(a) Upon determination by the department that an application submitted under
sub. (1) is complete, the department shall provide notice of complete application to interested and potentially interested members of the public, as determined by the department. The department shall provide the notice within 15 days after the determination that the application is complete. If the applicant has requested a public hearing as part of the submitted application, a notice of public hearing shall be part of the notice of complete application.
30.208(3)(b)
(b) If the notice of complete application does not contain a notice of public hearing, any person may request a public hearing in writing or the department may decide to hold a public hearing without a request being submitted if the department determines that there is a significant public interest in holding a hearing.
30.208(3)(c)
(c) A request for a public hearing under
par. (b) must be submitted to the department or the department's decision to hold a public hearing must occur within 30 days after the department completes providing the notice of complete application. The department shall provide notice of public hearing within 15 days after the request for public hearing is submitted or the department makes its determination.
30.208(3)(d)
(d) The department shall hold a public hearing within 30 days after the notice of hearing has been provided under
par. (a) or
(c).
30.208(3)(e)
(e) Within 30 days after the public hearing is held or, if no public hearing is held, within 30 days of the 30-day comment period under
sub. (4) (a), the department shall render a decision, issuing, denying, or modifying the permit or approving the contract that is the subject of the application submitted under
sub. (1).
30.208(4)(a)(a) The department shall provide a period for public comment after the department has provided a notice of complete application under
sub. (3) (a), during which time any person may submit written comments with respect to the application for the permit or contract. The department shall retain all of the written comments submitted during this period and shall consider all of the comments in the formulation of the final decision on the application. The period for public comment shall end on the 30th day following the date on which the department completes providing the notice of complete application, except as provided in
par. (b).
30.208(4)(b)
(b) If a public hearing is held, the period for public comment shall end on the 10th day following the date on which the public hearing is completed.
30.208(4)(d)
(d) The department shall promulgate rules to establish procedures for the conduct of public hearings held under this subsection. Notwithstanding
s. 227.42, a public hearing held under this subsection shall be an informational hearing and may not be treated as, nor converted to, a contested case under
s. 227.01 (3).
30.208(5)(a)(a) The department shall, by rule, establish procedures for providing notices of complete applications and notices of public hearings to be provided under
sub. (3), and notices of administrative hearings to be provided under
s. 30.209 (1m). The procedures shall require all of the following:
30.208(5)(a)2.
2. That the notice be mailed to any person or group upon request.
30.208(5)(b)
(b) The department shall, by rule, prescribe the form and content of notices of complete applications and notices of public hearings to be provided under
sub. (3), and notices of administrative hearings to be provided under
s. 30.209 (1m). Each notice shall include all of the following information:
30.208(5)(b)1.
1. The name and address of each applicant or permit holder.
30.208(5)(b)2.
2. A brief description of each applicant's activity or project that requires the permit.
30.208(5)(b)3.
3. The name of the waterway in or for which the activity or project is planned.
30.208(5)(b)4.
4. For a notice of complete application and a notice of public hearing under
sub. (3), a statement of the tentative determination to issue, modify, or deny a permit for the activity or project described in the application.
30.208(5)(b)5.
5. For a notice of complete application and a notice of public hearing under
sub. (3), a brief description of the procedures for the formulation of final determinations, including a description of the comment period required under
sub. (4).
30.208(5)(c)
(c) The department may delegate the department's requirement to provide notice under
sub. (3) or
s. 30.209 (1m) by doing any of the following:
30.208(5)(c)1.
1. Requiring that the applicant for the permit or contract provide by publication, mailing, or other distribution one or more of the notices.
30.208(5)(c)2.
2. That the applicant for the permit or contract pay for the publication, mailing, or any other distribution costs of providing one or more of the notices.
30.208 History
History: 2003 a. 118 ss.
6,
149.
