31.385(4)(a)(a) The department shall maintain an inventory of all dams in the state that require a dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.
31.385(4)(b)
(b) The department shall provide notice to the owner of a dam that is included in the inventory. The department shall by rule establish a notice and hearing process for a dam owner to object to the inclusion of the owner's dam on the list. The department shall use this notice and hearing each time a dam is included in the inventory. The process shall include a public hearing in the city, village or town in which the dam is located, a public comment period, and an appeals process.
31.385(5)
(5) Notwithstanding the limitations under
sub. (2) (a) and the funding allocation requirements under
sub. (2) (ag) and
(ar), the department shall provide financial assistance to the village of Cazenovia in the amount necessary for a dam safety project to repair a dam that is located in the portion of the village that is in Richland County. The amount of the financial assistance may not exceed $250,000. The village need not contribute to the repair costs, and
sub. (2) (c) does not apply to this dam safety project. The repair of this dam need not be included as a dam safety project under the inventory maintained by the department under
sub. (4) for the village to receive financial assistance under this section.
31.385(6)(a)(a) Notwithstanding the limitations under
sub. (2) (a) and the funding allocation requirements under
sub. (2) (ag) and
(ar), the department shall provide financial assistance to all of the following:
31.385(6)(a)1.
1. Adams County for a dam safety project for Easton Dam in the amount necessary for the project, but not to exceed $150,000.
31.385(6)(a)2.
2. The city of Stanley for a dam safety project for Stanley Dam in the amount necessary for the project, but not to exceed $150,000.
31.385(6)(a)3.
3. The city of Montello for a dam safety project for Montello Dam, in the amount necessary for the project, but not to exceed $150,000.
31.385(6)(a)4.
4. Eau Claire County for dam safety projects for Lake Altoona Dam, for Lake Eau Claire Dam, and for a dam located in Coon Fork Lake County Park, in the amount necessary for the projects, but not to exceed $27,000.
31.385(6)(b)
(b) The counties and cities need not contribute to the costs of the dam safety projects under
par. (a) 1. to
4., and
sub. (2) (c) does not apply to these projects. The dam safety projects under
par. (a) 1. to
4. need not be included as dam safety projects under the inventory maintained by the department under
sub. (4) in order to receive financial assistance under this subsection.
31.385(7)
(7) Notwithstanding the limitations under
sub. (2) (a), and beginning with fiscal year 2011-12 and ending with fiscal year 2019-20, the department shall set aside from the appropriation under
s. 20.866 (2) (ta) not less than a total of $6,000,000 that may be obligated only to provide financial assistance to counties for projects to maintain, repair, modify, abandon, or remove dams. To be eligible for financial assistance, a county must be under an order issued by the department to maintain, repair, modify, abandon, or remove a dam that is owned by the county and the order must be in effect on July 1, 2011. The amount of the financial assistance may not be for more than 25 percent of the costs of a project or $2,500,000, whichever is less.
Subsection (2) (c) does not apply to a project for which financial assistance is provided under this subsection. A project need not be included under the inventory maintained by the department under
sub. (4) in order for a county to receive financial assistance under this subsection.
31.385 Cross-reference
Cross-reference: See also chs.
NR 335 and
336, Wis. adm. code.
31.387
31.387
Dam rehabilitation projects. The department shall establish and administer a grant program under which the department shall provide grants to counties to rehabilitate dams located in those counties. The department may only provide a grant for a project under this section to match federal funds provided for the project under the federal Watershed Protection and Flood Prevention Act of 1953 (Public Law 83-566).
31.387 History
History: 2001 a. 16.
31.39
31.39
Fees for permits, approvals and hearings. 31.39(1)(1)
Fees required. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under
ss. 31.02 to
31.185 and
31.33 to
31.38. The permit or approval fee shall accompany the permit application or request for approval.
31.39(2)(a)(a) For fees charged for permits and approvals under
ss. 31.02 to
31.185 and
31.33 to
31.38, 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:
31.39(2)(a)1.
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
31.39(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.
31.39(2)(a)3.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
31.39(2)(b)
(b) For conducting a hearing on an application for which notice is provided under
s. 31.06 (1), the person requesting the hearing for the permit or approval shall pay a fee of $25.
31.39(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. The department may not refund a permit or approval fee after the department determines that the application is complete.
31.39(2m)(b)
(b) If the applicant applies for a permit or requests an approval 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.
31.39(2m)(d)
(d) The department, by rule, may increase any fee specified in
sub. (2).
31.39(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:
31.39(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 promulgated under
par. (b) for that type of permit or approval.
31.39(2r)(a)2.
2. The department verifies that it will be able to comply with the request.
31.39(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.
31.39(3)
(3) Exemptions. This section does not apply to any federal agency or state agency.
31.39 Cross-reference
Cross-reference: See also ch.
NR 300, Wis. adm. code.
31.99
31.99
Parties to a violation. 31.99(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.
31.99(2)
(2) A person is concerned in the commission of the violation if the person:
31.99(2)(b)
(b) Aids and abets the commission of it; or
31.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
31.99 History
History: 1975 c. 365.
