This section does not apply to a proposal to construct a utility facility if the only permit that the utility facility is required to obtain from the department is a storm water discharge permit under s. 283.33 (1) (a)
This section does not apply to a proposal to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295
, unless the person proposing to construct the utility facility elects to proceed in the manner provided under this section.
(1m) Preapplication process.
Before filing an application under this section, a person proposing to construct a utility facility shall notify the department of the intention to file an application. After receiving such notice, the department shall confer with the person, in cooperation with the commission, to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:
The permits that the person may be required to obtain and the permits under which the person must give notification of the wish to proceed.
The information that the person will be required to provide.
The timing of information submissions that the person will be required to provide in order to enable the department to participate in commission review procedures and to process the application in a timely manner.
Any person proposing to construct a utility facility to which this section applies shall, in lieu of separate application for permits, submit one application for permits together with any additional information required by the department. The application shall be filed with the department at the same time that an application for a certificate is filed with the commission under s. 196.49
or in a manner consistent with s. 196.491 (3)
and shall include the detailed information that the department requires to determine whether an application is complete and to carry out its obligations under sub. (4)
. The department may require supplemental information to be furnished thereafter.
A person who applies to the commission for a certificate under s. 196.49
or 196.491 (3)
is eligible to apply under par. (a)
for any permit that the utility facility may require and to receive such permit.
Once the applicant meets the requirements of sub. (1s) (a)
, the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985
and as a notice on the department's Internet website. The department may give such further notice as it deems proper, and shall give notice to interested persons requesting same. The department's notice to interested persons may be given through an electronic notification system established by the department. Notice of a hearing under this subsection published as a class 1 notice, as a notice on the department's Internet website, and through the electronic notification system established by the department shall include the time, date, and location of the hearing, the name and address of the applicant, a summary of the subject matter of the application, and information indicating where a copy of the application may be viewed on the department's Internet website. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application. One copy of the application shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42
, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.
(2g) Participation in commission proceedings. 30.025(2g)(a)(a)
The department shall review every proposed utility facility subject to this section, including each location, site, or route proposed for the utility facility, to assess whether each proposed location, site, or route can meet the criteria for proceeding under the authority of or obtaining the required permits, and shall provide that information to the commission.
The department shall participate in commission investigations or proceedings under s. 196.49
or 196.491 (3)
with regard to any proposed utility facility that is subject to this section. In order to ensure that the commission's decision is consistent with the department's responsibilities, the department shall provide the commission with information that is relevant to only the following:
Environmental issues that concern the proposed utility facility.
Public rights in navigable waters that may be affected by the proposed utility facility.
Location, site, or route issues concerning the proposed utility facility, including alternative locations, sites, or routes.
The department shall treat the commission's decision under s. 196.49
or 196.491 (3)
as concluding that there is no practicable alternative for the utility facility if all of the following apply:
The department has participated in the commission's investigations or proceedings under sub. (2g)
If par. (a)
applies, the department may not require the applicant for the proposed utility facility to undertake further analysis of any utility facility alternatives, including an analysis of alternative methods of meeting the need for the project or alternative locations, sites, or routes in order to satisfy the criteria under sub. (3)
. The department may identify adjustments that may be required to address permitting issues within the location, site, or route approved by the commission under s. 196.49
or 196.491 (3)
(3) Permit Issuance.
The department shall issue, or authorize proceeding under, the necessary permits if it finds that the applicant has shown that the proposal:
Complies with environmental statutes administered by the department and rules promulgated thereunder, and federal environmental standards which the department has authority to enforce.
(3m) Environmental assessments for certain projects.
The department is not required to prepare an environmental impact statement under s. 1.11 (2) (c)
for the construction of a project that is specified in s. 196.491 (4) (c) 1m.
and for which one or more permits are required, but shall prepare an environmental assessment regarding the construction if the department's rules require an environmental assessment.
The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3)
Except as provided in par. (c)
, the department shall grant or deny the application for a permit for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49
or 196.491 (3)
Notwithstanding the deadline in par. (b)
, upon agreement between the department and a person who submits an application under s. 196.491 (3)
for a permit to construct a high-voltage transmission line, the department shall grant or deny the application within 45 days after the department receives all of the information necessary for it to carry out its obligations under this subsection, as determined by the department.
(5) Exclusive procedures.
The procedures provided under this section are exclusive and apply in lieu of any other procedures that would otherwise apply to permits applied for under this section.
Lower Wisconsin State Riverway.
For activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15)
, no person obtaining a permit under subchs. I
may start or engage in the activity for which the permit was issued unless the person obtains any permit that is required for the activity under s. 30.44
History: 1989 a. 31
Enforcement of forfeitures; abatement of nuisances; infringement of public rights. 30.03(2)(2)
The district attorney of the appropriate county or, at the request of the department, the attorney general shall institute proceedings to recover any forfeiture imposed or to abate any nuisance committed under this chapter or ch. 31
All forfeitures shall be recovered by civil action as provided in ch. 778
and when collected shall be paid directly into the state treasury.
If the department learns of a possible violation of s. 281.36
or of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under ch. 227
concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to comply with s. 281.36
or to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under s. 111.07 (7)
In determining an appropriate remedy for a violation under this chapter relating to a pier or wharf, the department may not order the removal of a pier or wharf unless the department considers all reasonable alternatives offered by the department and the owner of the pier or wharf relating to the location, design, construction, and installation of the pier or wharf.
No penalty may be imposed for violation of a hearing examiner's order under this subsection, but violation of a judgment enforcing the order may be punished in civil contempt proceedings.
Under sub. (4), the department of natural resources has jurisdiction to pursue any “possible violation" of the public trust doctrine as embodied in ch. 30. ABKA Limited Partnership v. Department of Natural Resources, 2002 WI 106
, 255 Wis. 2d 486
, 648 N.W.2d 854
The department of natural resources has a statutory duty under sub. (4) (a) to proceed against piers it believes to be in violation of ch. 30 or contrary to the public's rights in the waters of the state. No administrative rule limits the department's statutory enforcement authority, nor could it do so. Baer v. Department of Natural Resources, 2006 WI App 225
, 297 Wis. 2d 232
, 724 N.W.2d 638
Summary judgment is not permitted in forfeiture actions for violations of ch. 30. The relevant procedural statutes cannot be reconciled with the summary judgment procedure. Although the parties agreed to the filing of a written answer in lieu of an appearance, such an agreement cannot provide the basis to impose upon the statutory scheme a summary judgment procedure that does not otherwise exist. State v. Ryan, 2012 WI 16
, 338 Wis. 2d 695
, 809 N.W.2d 37
The department of natural resources may enforce the terms of lakebed grants under sub. (4) (a) as long as the enforcement does not conflict with s. 30.05. 78 Atty. Gen. 107
Applicability of chapter to municipally-owned submerged shorelands.
Nothing in this chapter relative to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters is applicable to submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.
Applicability of chapter to artificial water bodies and certain impoundments. 30.053(1)(1)
Except in subch. V
and except as specifically provided otherwise in this chapter, nothing in this chapter applies to an artificial water body, as defined in s. 30.19 (1b) (a)
, that is not hydrologically connected to a natural navigable waterway and that does not discharge into a natural navigable waterway except as a result of storm events.
Except in subch. V
and s. 30.10 (2) (b)
, nothing in this chapter applies to an impoundment described under s. 30.10 (2) (b)
if the impoundment is not hydrologically connected to a stream classified by the department on March 30, 2018, as a class I, class II, or class III trout stream and the impoundment does not discharge directly into a natural navigable waterway.
Exemption from certain permit requirements.
Notwithstanding ss. 30.12
, the city of Oak Creek may not be required to remove any structure or concrete or other deposit that was placed in Crayfish Creek in the city of Oak Creek before June 1, 1991, and may continue to maintain the structure, concrete or deposit without having a permit or other approval from the department.
History: 1995 a. 455
Waiver of certain provisions of this chapter.
The department, by rule, may waive the applicability to specified navigable waters of the United States of all or part of those provisions of this chapter which relate to the establishment of bulkhead or pierhead lines or the placing of structures or deposits in navigable waters or the removal of materials from the beds of navigable waters. The department may promulgate such rule only after it has entered into an agreement with the appropriate federal agency wherein it is agreed that the comparable federal law will be enforced on the waters in question in lieu of the state law which is being waived. The objective of such agreement shall be to avoid duplication of administration with respect to navigable waters over which this state and the U.S. government have concurrent jurisdiction, in those situations wherein administration by a single governmental agency will tend to avoid confusion and the necessity of obtaining permits from both the state and federal governments by those who are subject to the law and at the same time will adequately protect the public interest. The agreement may contain such further provisions as are designed to achieve this objective.
History: 1981 c. 390
; 1985 a. 332
s. 251 (1)
Transportation of aquatic plants and animals; placement of objects in navigable waters. 30.07(1)(a)
“Aquatic animal" means any animal that lives or grows only in water during any life state and includes that animal's eggs, larvae, or young.
“Aquatic plant" means a submergent, emergent, floating-leaf, or free-floating plant or any part thereof. “Aquatic plant" does not mean wild rice.
“Highway" has the meaning given in s. 340.01 (22)
, except that it does not include public boat access sites or parking areas for public boat access sites.
“Local governmental unit" means a city, village, town, or county; a special purpose district in this state; an agency or corporation of a city, village, town, county, or special purpose district; or a combination or subunit of any of the foregoing.
“Public boat access site" means a site that provides access to a navigable water for boats and that is open to the general public for free or for a charge or that is open only to certain groups of persons for a charge.
No person may place or operate a vehicle, seaplane, watercraft, or other object of any kind in a navigable water if it has any aquatic plants or aquatic animals attached to the exterior of the vehicle, seaplane, watercraft, or other object. This paragraph does not require a person to remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object during the period of time when the vehicle, seaplane, watercraft, or other object is being operated in the same navigable body of water in which the aquatic plants or aquatic animals became attached.
No person may take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached to the exterior of the seaplane, vehicle, watercraft, or other object.
A law enforcement officer who has reason to believe that a person is in violation of sub. (2)
may order the person to do any of the following:
Remove aquatic plants or aquatic animals from a vehicle, seaplane, watercraft, or other object of any kind before placing it in a navigable water.
Remove aquatic plants or aquatic animals from a seaplane before taking off with the seaplane.
Remove from, or not place in, a navigable water, a vehicle, seaplane, watercraft, or other object of any kind.
Not take off with a seaplane, or transport or operate a vehicle, watercraft, or other object of any kind on a highway.
does not prohibit a person from doing any of the following:
Transporting or operating commercial aquatic plant harvesting equipment that has aquatic plants or animals attached to the exterior of the equipment if the equipment is owned or operated by a local governmental unit, if the equipment is being transported or operated for the purpose of cleaning the equipment to remove aquatic plants or animals, and if the person transports the equipment to, or operates the equipment at, a suitable location away from any body of water.
Transporting or operating a vehicle, seaplane, watercraft, or other object of any kind with duckweed that is incidentally attached to the exterior of the vehicle, seaplane, watercraft, or other object.
The department shall prepare a notice that contains a summary of the provisions under this section and shall make copies of the notice available to owners required to post the notice under par. (b)
Each owner of a public boat access site shall post and maintain the notice described in par. (a)
No person may refuse to obey the order of a law enforcement officer who is acting under sub. (3)
History: 2009 a. 55
; 2011 a. 265
Declarations of navigability. 30.10(1)(1)
All lakes wholly or partly within this state which are navigable in fact are declared to be navigable and public waters, and all persons have the same rights therein and thereto as they have in and to any other navigable or public waters.
Subject to par. (b)
and except as provided under sub. (4) (c)
, all streams, sloughs, bayous, and marsh outlets, which are navigable in fact for any purpose whatsoever, are declared navigable to the extent that no dam, bridge, or other obstruction shall be made in or over the same without the permission of the state.
If the department makes a determination that a stream or portion of a stream is not navigable and a dam is constructed on the stream that modifies the flow of the stream or portion of the stream as compared to the natural flow of the stream or portion of the stream prior to its construction, and if an artificial impoundment created by the dam is or has been subject to a federal fish and wildlife service Partners for Fish and Wildlife Habitat Development Agreement or, as determined by the department, a similar publicly administered environmental restoration project, then the department may not change its determination of non-navigability with respect to the stream or portion of the stream unless all of the following conditions are met:
All structures that affect the flow of the stream or portion of the stream are removed.