30.28
30.28
Fees for permits, approvals, determinations and hearings. 30.28(1)(1)
Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under
ss. 30.10 to
30.205,
30.207 and
30.21 to
30.27. The permit or approval fee shall accompany the permit application, notice or request for approval.
30.28(2)(a)(a) For fees charged for permits and approvals under
ss. 30.10 to
30.205 and
30.21 to
30.27, 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:
30.28(2)(a)1.
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
30.28(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.
30.28(2)(a)3.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
30.28(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. Except as provided in
par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete.
30.28(2m)(b)
(b) If the applicant applies for a permit, requests an approval, or submits a notice under
s. 30.207 (7) 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.
30.28(2m)(c)
(c) If more than one fee under
sub. (2) (a) or
s. 31.39 (2) (a) or
281.22 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
30.28(2m)(d)
(d) The department, by rule, may increase any fee specified in
sub. (2) (a). The department, by rule, may increase a fee specified in
sub. (2) (b) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under
s. 30.207.
30.28(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:
30.28(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 under the rule promulgated under
par. (b) for that type of permit or approval.
30.28(2r)(a)2.
2. The department verifies that it will be able to comply with the request.
30.28(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.
30.28(3)
(3) Exemptions. This section does not apply to projects funded in whole or in part by any federal agency or state agency.
30.28 Cross-reference
Cross-reference: See also ch.
NR 300, Wis. adm. code.
30.28 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,
99-1146.
30.285
30.285
Records of exemptions and permitted activities. 30.285(1)(1) On an annual basis, the department shall keep records of all of the following:
30.285(1)(b)
(b) The number of exemptions under
par. (a) for which the department required applications for individual permits or contracts.
30.285(1)(c)
(c) The number of exemptions under
par. (a) for which the department required applications to seek authorizations to proceed under general permits.
30.285(1)(d)
(d) The number of activities that are authorized under general permits for which the department requires applications for individual permits or contracts.
30.285(1)(e)
(e) The number of piers and wharves for which the department issued a permit authorizing the configuration of the pier or wharf under
s. 30.12 (1j) (c).
30.285(2)
(2) For each record kept under
sub. (1) (b) to
(e), the department shall include all of the following:
30.285(2)(a)
(a) The type of permit or contract application required.
30.285(2)(c)
(c) The date of the department's decision whether to issue the individual permit, grant authorization under the general permit, or to grant the contract.
30.285(2)(d)
(d) The county in which the activity or project is located.
30.29
30.29
Operation of motor vehicles in waters prohibited. 30.29(1)(1)
Definitions. In this section:
30.29(2)
(2) Prohibition. Except as provided under
sub. (3), no person may operate a motor vehicle in or on any navigable water or the exposed bed of a navigable water.
30.29(3)
(3) Exemptions. This section does not apply to:
30.29(3)(a)
(a)
Stream crossing. A person operating a motor vehicle to cross a stream by use of a bridge, culvert, ford or similar structure if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(3)(b)
(b)
Agriculture activities. A person operating a motor vehicle while the person is engaged in agricultural use, as defined under
s. 91.01 (2).
30.29(3)(c)
(c)
Department activities. The department or any agent of the department operating a motor vehicle while the person is engaged in activities authorized by the department.
30.29(3)(d)
(d)
Activities for which a permit is issued. A person or agent of a person who is engaged in activities as authorized under a general or individual permit issued under this subchapter or as authorized under a contract entered into under this subchapter.
30.29(3)(e)
(e)
Amphibious vehicles. A person operating an amphibious motor vehicle registered as a boat with the department if the amphibious vehicle enters the water at a boat launch or a ford.
30.29(3)(f)
(f)
Boat launching. A person operating a motor vehicle to launch or load a boat, canoe or other watercraft.
30.29(3)(g)
(g)
On frozen waters. A person operating a motor vehicle on the surface of any navigable waters which are frozen.
30.29(3)(h)
(h)
Access to frozen waters. A person operating a motor vehicle to cross the bed or banks of a navigable water in order to reach the surface of any navigable waters which are frozen if the crossing is in the most direct manner practical, if the crossing is from a highway or private road or from an established trail and if the person operates the motor vehicle at the minimum speed required to maintain controlled forward motion of the motor vehicle.
30.29(3)(i)
(i)
Controlling Phragmites. A person operating a motor vehicle in compliance with
sub. (3m).
30.29(3m)
(3m) Controlling Phragmites in outlying waters. Requirements for exemption. A person may operate a motor vehicle in outlying waters if the operation meets all of the following requirements:
30.29(3m)(a)
(a) The operation of the motor vehicle is for the purpose of mowing or applying a herbicide for the purpose of controlling Phragmites australis.
30.29(3m)(b)
(b) The operation of the motor vehicle occurs only on the exposed bed of the outlying water.
30.29(3m)(c)
(c) The operation of the motor vehicle occurs between the period beginning on July 1 of a given year and ending on March 15 of the following year.
30.29(3m)(d)
(d) The mowing or application of the herbicide interferes with or destroys native species only to the degree that is necessary to control the invasive species Phragmites australis.
30.29 Note
NOTE: Sub. (3m) was created as sub. (3m) (a) by
2009 Wis. Act 377 and renumbered to sub. (3m) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
30.29(4)
(4) Penalty. A person who violates this section shall forfeit $50 for the first offense and shall forfeit not more than $100 upon conviction of the same offense a 2nd or subsequent time within one year.
30.291
30.291
Inspections for certain exemptions and permitted activities. 30.291(1)(1) For purposes of determining whether an exemption is appropriate under
s. 30.12 (1k),
(2m) or
(2r),
30.123 (6m) or
(6r), or
30.20 (1m) or
(1r), whether a general permit is appropriate under
s. 30.206 (3), or whether authorization to proceed under a general permit is appropriate under
s. 30.206 (3r), any employee or other representative of the department, upon presenting his or her credentials, may enter the site and inspect any property on the site.
30.291(3)
(3) The department shall provide reasonable advance notice, before entering the site and inspecting the property.
30.291(4)
(4) If the owner of the site refuses to give consent for an entry and inspection to determine whether authorization to proceed under a general permit is appropriate under
s. 30.206 (3r), the department shall deny authorization to proceed under the general permit and shall allow an application to be submitted for an individual permit for the activity.
30.291 History
History: 2003 a. 118;
2007 a. 204.
30.292
30.292
Parties to a violation. 30.292(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.
30.292(2)
(2) A person is concerned in the commission of the violation if the person does any of the following:
30.292(2)(b)
(b) Aids and abets the commission of the violation.
30.292(2)(c)
(c) Is a party to a conspiracy with another to commit the violation or advises, hires, counsels or otherwise procures any person to commit it.
30.292 History
History: 1987 a. 374.
30.294
30.294
Nuisances, abatement. Every violation of this chapter is declared to be a public nuisance and may be prohibited by injunction and may be abated by legal action brought by any person.
30.294 History
History: 1987 a. 374.
30.294 Annotation
A citizen may bring suit under this section, pursuant to the public trust doctrine, directly against a private party for abatement of a public nuisance when the citizen believes that the DNR has inadequately regulated the private party. When a municipality is a defendant, filing a notice of claim under s. 893.80 (1) (b) is not required if an injunction is sought under this section, whether or not the injunction will be directed against the municipality. Gillen v. City of Neenah,
219 Wis. 2d 806,
580 N.W.2d 628 (1998),
96-2470.
30.298(1)(1) Any person who violates any provision of
ss. 30.12 to
30.21 for which a penalty is not provided under the applicable section or by
sub. (2) or
(3) shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
30.298(2)
(2) Any person who violates
s. 30.18 (2) (a) 1. or
30.195 (1) shall forfeit not less than $500 nor more than $10,000 for the first offense and shall forfeit not less than $1,000 nor more than $10,000 upon conviction of the same offense a 2nd or subsequent time.
30.298(3)
(3) Any person who violates a general permit under
s. 30.206 or
30.2065 shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon conviction of the same offense a 2nd or subsequent time.
30.298(4)
(4) A violation of a permit, contract or order issued under this chapter is a violation of the statute under which the permit, contract or order was issued.
30.298(5)
(5) In addition to the forfeitures specified under
subs. (1) to
(3), the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest in navigable waters. The court may order abatement of a nuisance, restoration of a natural resource or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.
DEVELOPMENT AND OPERATION OF HARBORS
30.30
30.30
Municipal authority to make harbor improvements. Every municipality having navigable waters within or adjoining its boundaries may exercise the following powers:
30.30(1)
(1) Harbor improvement. By proper filling or excavating or dredging and docking, create or improve any inner or outer harbor and such turning basins, slips, canals and other waterways within its boundaries as it determines are necessary.
30.30(2)
(2) Repairs and alterations. Keep in repair and from time to time alter, extend, enlarge or discontinue any improvement mentioned in
sub. (1).
