AB150-engrossed, s. 1703 Section 1703. 31.309 (1) (b) of the statutes is created to read:

AB150-engrossed,608,2 31.309 (1) (b) When the department determines that the renovation and repair described under par. (a) are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.

AB150-engrossed, s. 1704 Section 1704. 31.309 (2) (title) of the statutes is created to read:

AB150-engrossed,608,4 31.309 (2) (title) Lewiston and Caledonia levees.

AB150-engrossed, s. 1705 Section 1705. 31.309 (2) (b) of the statutes is created to read:

AB150-engrossed,608,9 31.309 (2) (b) The department may expend in fiscal year 1995-96, from the appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the future of strengthening and maintaining the Lewiston and Caledonia levees in the Portage levee system. The study shall include a management plan for these 2 levees.

AB150-engrossed, s. 1706 Section 1706. 31.36 (4) of the statutes is renumbered 31.309 (2) (a) and amended to read:

AB150-engrossed,608,15 31.309 (2) (a) The department shall construct, strengthen and maintain the Lewiston and Caledonia levees in the Portage levee system in such a manner as that will best protect the vicinity surrounding area from the overflow of the Wisconsin river.

AB150-engrossed, s. 1707 Section 1707. 31.39 (title) of the statutes is amended to read:

AB150-engrossed,608,17 31.39 (title) Fee Fees for permits and, approvals and hearings.

AB150-engrossed, s. 1708 Section 1708. 31.39 (1) of the statutes is amended to read:

AB150-engrossed,608,22 31.39 (1) (title) 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 and shall be refunded if the permit is not granted.

AB150-engrossed, s. 1709 Section 1709. 31.39 (2) of the statutes is repealed and recreated to read:

AB150-engrossed,609,3 31.39 (2) Amount of fees. (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:

AB150-engrossed,609,5 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

AB150-engrossed,609,7 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.

AB150-engrossed,609,9 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

AB150-engrossed,609,12 (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.

AB150-engrossed, s. 1710 Section 1710. 31.39 (2m) of the statutes is created to read:

AB150-engrossed,609,18 31.39 (2m) Adjustments in fees. (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.

AB150-engrossed,609,21 (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.

AB150-engrossed,609,24 (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150-engrossed,609,25 (d) The department, by rule, may increase any fee specified in sub. (2).

AB150-engrossed, s. 1711 Section 1711. 31.39 (3) of the statutes is amended to read:

AB150-engrossed,610,6 31.39 (3) (title) Exemptions. This section does not apply to any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district, the Dane county lakes and watershed commission or any federally recognized Native American tribal governing body.

AB150-engrossed, s. 1712c Section 1712c. 32.05 (8) (a) of the statutes is repealed and recreated to read:

AB150-engrossed,610,8 32.05 (8) (a) In this subsection:

AB150-engrossed,610,9 1. "Comparable replacement business" has the meaning given in s. 32.19 (2) (c).

AB150-engrossed,610,10 2. "Condemnor" has the meaning given in s. 32.185.