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 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(5m)(5m)Legislative review of general permits.
30.206(5m)(a)(a) In this subsection:
30.206(5m)(a)1.1. “Appropriate senate committee” means the standing committee of the senate with jurisdiction over natural resources matters as determined by the presiding officer of the senate.
30.206(5m)(a)2.2. “Appropriate assembly committee” means the standing committee of the assembly with jurisdiction over natural resources matters as determined by the presiding officer of the assembly.
30.206(5m)(b)(b) If, by a majority vote of a quorum of the appropriate senate committee and the appropriate assembly committee, each of those committees suspends any general permit, the committees shall jointly publish a Class 1 notice under ch. 985 of the suspension in the official state newspaper and give any other notice that the committees consider appropriate.
30.206(5m)(c)(c) If the appropriate senate committee and the appropriate assembly committee suspend a general permit as provided in par. (b), each of the committees shall, within 30 days after the suspension, meet and take executive action regarding the introduction in the respective house of the legislature of a bill to support the suspension. The appropriate senate committee and the appropriate assembly committee shall each introduce a bill within 5 working days after taking executive action in favor of introduction of the respective bill unless the bill cannot be introduced during this time period under the rules of the respective house of the legislature. If a bill cannot be introduced during this time period, the bills shall be introduced on the first day on which the rules of the respective house of the legislature allow introduction.
30.206(5m)(d)(d)
30.206(5m)(d)1.1. If both of the bills introduced under par. (c) are adversely disposed of, or fail to be enacted in any other manner before the last day of the regular session of the legislature in which the bills are introduced, the general permit remains in effect and may not be suspended under this subsection again. If either bill is enacted, the general permit is permanently suspended and may not be issued again unless a subsequent law specifically authorizes issuance of the general permit.
30.206(5m)(d)2.2. If a person commences to conduct an activity under the authority of a general permit, and the general permit is subsequently suspended under this subsection, the person may continue to conduct the activity in the manner, and for the period, originally authorized under the general permit notwithstanding the suspension of the general permit.
30.206(6)(6)Request for individual permit. A person proposing an activity for which a general permit has been issued under this section or s. 30.2065 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(8)(8)Report.
30.206(8)(a)(a) Within 30 days after issuing, renewing, modifying, or revoking a general permit, the department shall prepare a report that gives notification of the department’s action. If the action being reported is the issuance, renewal, or modification of a general permit, the department shall include a copy of the permit with the report. If the action being reported is the renewal, modification, or revocation of a general permit, the report shall include an analysis of the implementation and activities conducted under the general permit and shall contain all of the following information:
30.206(8)(a)1.1. The number of times notifications to proceed under the general permit were received by the department under sub. (3) (a).
30.206(8)(a)2.2. The number of times the department requested additional information under sub. (3) (b).
30.206(8)(a)3.3. The number of times the department informed applicants under sub. (3) (b) that individual permits would be required.
30.206(8)(b)(b) A report under par. (a) shall cover the time period beginning with the date of original issuance of the general permit, or the date of the most recent prior modification or renewal, and ending with the date of the revocation, modification, or renewal that causes the report to be required.
30.206(8)(c)(c) The department shall distribute the report to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).
30.206 HistoryHistory: 1987 a. 374; 1995 a. 227; 1997 a. 174; 2003 a. 89, 118, 326; 2007 a. 96, 204; 2011 a. 167; 2013 a. 75; 2015 a. 299; 2017 a. 214; 2017 a. 365 s. 112.
30.206 Cross-referenceCross-reference: See also ss. NR 320.06, 323.04, 328.05, 328.35, 341.08 and ch. NR 300, Wis. adm. code.
30.206530.2065General permit for certain wetland restoration activities.
30.2065(1)(1) The department may issue a general permit to a person wishing to proceed with a wetland restoration activity sponsored by a federal agency.
30.2065(1g)(1g)
30.2065(1g)(a)(a) The department shall issue a general permit that authorizes wetland, stream, and floodplain restoration and management activities that will result in a net improvement in hydrologic connections, conditions, and functions. These activities shall be designed to the extent possible to return wetland, stream, and floodplain hydrology to a natural and self-regulating condition in order to achieve such goals as to slow the flow of runoff, reduce flood peaks, restore surface and groundwater interactions, improve water quality, or increase soil retention, groundwater infiltration, base flow, upper watershed storage, and flood resilience. An activity is authorized by the general permit only if the applicant demonstrates to the satisfaction of the department that the activity will result in net improvements in hydrologic connections, conditions, and functions and will not injure public rights or interests or result in material injury to the rights of any riparian owner. The department may develop a quantification tool to determine if an activity will meet those standards. The department shall include conditions under the general permit that do all of the following: