30.277(3)(i)
(i) The extent to which the project preserves or highlights an area with significant historical or cultural value.
30.277(3)(j)
(j) The extent to which access by the public to the riverfront will be improved.
30.277(4)
(4) Cap on grants. No governmental unit may receive in any fiscal year more than 20% of the funds that are available for grants under this section.
30.277(4m)
(4m) Grants for Kickapoo. The department may not award a grant under this section from the appropriation under
s. 20.866 (2) (tz) to the Kickapoo reserve management board.
30.277(5)
(5) Matching contributions. Except as provided in
s. 23.096 (2m), to be eligible for a grant under this section, at least 50% of the acquisition costs for land or of the project costs shall be funded by private, local or federal funding, by in-kind contributions or by state funding. For purposes of this subsection, state funding may not include grants under this section, moneys appropriated to the department under
s. 20.370 or money appropriated under
s. 20.866 (2) (ta),
(tp) to
(tw),
(ty) or
(tz).
30.277(6)
(6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under
sub. (3) and the minimum number of criteria under
sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under
sub. (3), the department shall assign the greatest weight to the criterion under
sub. (3) (k). The department shall promulgate a rule specifying the types of projects that qualify as a shoreline enhancement project under this section.
30.277 Cross-reference
Cross-reference: See also ch.
NR 50, Wis. adm. code.
30.28
30.28
Fees for permits, other approvals, and determinations. 30.28(1)(1)
Fees required. The department shall charge a fee for reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under this subchapter. The required fee shall accompany the application or other submitted documentation. The department shall set each type of fee in the amount that is necessary to meet the costs incurred by the department except as follows:
30.28(1)(a)
(a) For an individual permit issued under
s. 30.208, the application fee shall be $600.
30.28(1)(b)
(b) For authorization to proceed under a general permit issued under
s. 30.206, the application fee shall be $300.
30.28(1)(c)
(c) For an application for a general permit submitted under
s. 30.207 (3), the fee shall be $2,000.
30.28(1m)(a)(a) In addition to the fees required under
sub. (1), the department may set and charge fees for making any of the following determinations:
30.28(1m)(a)3.
3. Any other determination that is necessary for reviewing, investigating, or making a decision on applications for permits, contracts, authorizations, or other approvals under this chapter.
30.28(1m)(b)
(b) The department shall set each fee authorized under this subsection in the amount that is necessary to meet the costs incurred by the department.
30.28(2m)(a)(a) The department shall refund a fee charged under
sub. (1) (a) if the applicant requests a refund before the department determines that the application is complete. Except as provided in
par. (am), the department may not refund a fee after the department determines that the application is complete unless required to do so under a rule promulgated under
s. 299.05.
30.28(2m)(b)
(b) If a person applies for a permit or otherwise seeks authorization or gives notice for a project or activity after the project or activity 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)(d)
(d) The department may increase any fee specified in
sub. (1) or
(1m) only if the increase is necessary to meet the costs incurred by the department in performing the activities for which the fee is charged.
30.28(2r)(a)(a) The department, by rule, may charge a supplemental fee for a permit, contract, authorization, other approval, or determination 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, approval authorization, or determination be issued or the contract be granted within a time period that is shorter than the time limit under the rule promulgated under
par. (b) for that type of permit, contract, authorization, approval, or determination.
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, contract, authorization, approval, or determination.
30.28(2v)
(2v) Web site information fee. In addition to each fee charged under
sub. (1), the department shall charge a supplemental fee to be used by the department to maintain a computerized system by which an applicant may determine the status of an application submitted under this subchapter. The department shall estimate the amount that the fee needs to be to provide sufficient funding for the cost of administering the computerized system. The department shall then set the fee to equal $3 or the amount of the estimated fee, whichever is less.
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 department of natural resources 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.
30.28 Annotation
Wisconsin's Wetland Reform Act. Kent and Jordan. Wis. Law. Feb. 2013.
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(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 department of natural resources 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.
