Establish reasonable limitations on the location of the removal of material at the site affected by the activity.
Notwithstanding par. (a)
, the rules under par. (a) 1.
may not establish procedures that prohibit undertaking the removal of material or that render the undertaking of the removal of material economically cost-prohibitive.
(1m) Permits or contracts in lieu of exemptions.
The department may decide to require that a person engaged in an activity that is exempt under sub. (1g)
apply for an individual permit or contract, or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
Significant adverse impacts to the public rights and interests.
Material injury to the riparian rights of any riparian owner.
A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (1g)
. The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
The department shall do all of the following within 15 days after receipt of a statement under par. (a)
Enter and inspect the site on which the activity is located, subject to s. 30.291
, if the department determines such an inspection is necessary.
Make a determination as to whether the activity is exempt.
Notify in writing the person submitting the statement of which general permit or individual permit will be required, or whether a contract will be required, if the department determines that the activity is not exempt.
If the department does not take action under par. (b)
, the department may not require at any time that the person proposing to engage in the activity apply for an individual permit, seek authorization under a general permit, or apply to enter a contract unless required to do so by a court or hearing examiner.
If a statement under par. (a)
is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b)
does not apply.
The department shall issue statewide general permits under s. 30.206
that authorize any person to remove material for maintenance purposes from an area from which material has been previously removed.
No person may be authorized to proceed under a general permit issued under par. (a)
unless the person has demonstrated to the department that material has been previously removed from the area for which the person has requested authorization to proceed.
(2) Contracts and individual permits. 30.20(2)(a)(a)
The department may enter into a contract on behalf of the state for the removal and lease or sale of any material from the bed of any navigable lake or of any outlying waters if the contract is consistent with public rights. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain any conditions that the department determines are necessary for the protection of the public interest and the interests of the state. Each contract entered into under this paragraph shall also fix the amount of compensation to be paid to the state for the material to be removed, except that the contract may not require that any compensation be paid for material if the material will not be resold. Each contract entered into under this paragraph may not run for more than 5 years. The department may allow one extension of a contract entered into under this paragraph, upon application to the department. The extension shall be for the same period as the original contract.
The department may enter into a contract on behalf of the state for the removal and lease or sale of any mineral, ore, or other material from beneath the bed of a navigable water that the state may own if the contract will be consistent with public rights and if the navigable water will not be disturbed in the removal operation. A person seeking to enter into such a contract shall apply to the department. Each contract entered into under this paragraph shall contain any conditions that the department determines are necessary for the protection of the public interest and the interest of the state. Each contract entered into under this paragraph shall also fix the compensation to be paid to the state for the mineral, ore, or other material to be removed. Each contract entered into under this paragraph may not run for more than 75 years. Should any doubt exist as to whether the state, in fact, owns such lake bed or stream bed such contract or lease shall be for such interests, if any, as the state may own. Title to the royalties to be paid when mining operations are begun shall be determined at such future time as royalties for ores so sold are paid or are due and payable.
For a removal that is not exempt under sub. (1g)
and that is not subject to a general permit under sub. (1t)
, a person may apply to the department for an individual permit that is required under sub. (1) (b)
in order to remove material from the bed of any lake or stream not described under sub. (1) (a)
The department shall issue an individual permit pursuant to an application under par. (bn)
if the department finds that the issuance of the permit will be consistent with the public interest in the lake or stream.
If an applicant for a permit under par. (bn)
submits the application at least 30 days before the proposed date of the removal, the department may issue the permit for a period of up to 10 years. The department may allow one extension of a permit issued under this paragraph, upon application to the department. The extension shall be for the same period of time as the original permit.
The notice and hearing provisions of s. 30.208 (3)
apply to an application for a permit or contract under this subsection.
Before proceeding to remove an obstruction under s. 88.90 (3), one must obtain a permit under s. 30.20. State v. Dwyer, 91 Wis. 2d 440
, 283 N.W.2d 448
(Ct. App. 1979).
When a bulkhead line has been established, a riparian owner must nonetheless obtain a permit or contract pursuant to 30.20 prior to removing material from the bed of a navigable water landward of the bulkhead line, but within the original ordinary high water mark. 63 Atty. Gen. 445.
Financial assurance for nonmetallic mining. 30.201(1)(1)
If the department requires that financial assurance be provided as a condition for a permit under s. 30.19
, or 30.20
or for a contract under s. 30.20
for nonmetallic mining and reclamation, the financial assurance may be a bond or alternative financial assurance. An alternative financial assurance may include cash or any of the following:
Any other demonstration of financial responsibility.
Any interest earned by the financial assurance shall be paid to the person operating the nonmetallic mining or reclamation project.
History: 2003 a. 118
Dredge disposal in and near the Mississippi, St. Croix and Black rivers by the U.S. corps of engineers. 30.202(1)(1)
Memorandum of understanding.
The department may enter into a memorandum of understanding with the U.S. corps of engineers concerning the dredging of the Mississippi, St. Croix and Black rivers and the disposal of these dredge spoils. Any memorandum of understanding shall specify approved sites where dredge spoils may be deposited and shall specify conditions and standards which are required for use of an approved site. A memorandum of understanding may contain recommended or required dredge disposal methods, equipment and policies.
(2) Authorization for dredging and dredge spoil disposal.
If the department enters into a memorandum of understanding with the U.S. corps of engineers under sub. (1)
, the U.S. corps of engineers may deposit dredge spoils from dredging the Mississippi, St. Croix and Black rivers at approved sites according to specified conditions and standards including any special conditions and standards established under sub. (4)
(3) Exemption from statutes and rules.
Dredge spoil disposal activities authorized under sub. (2)
are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601
or chs. 281
or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.
(4) Hazardous waste dredge spoil disposal.
In consultation with the U.S. corps of engineers, the department shall establish special conditions and standards for the disposal of dredge spoils which are hazardous waste, as defined under s. 291.01 (7)
. These special conditions and standards shall be established to ensure that public health and the environment are protected.
NOTE: 2005 Wis. Act 347
, which affected this section, contains extensive explanatory notes.
Activities of department of transportation. 30.2022(1)(1)
Activities affecting waters of the state, as defined in s. 281.01 (18)
, that are carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair are not subject to the prohibitions or permit or approval requirements specified under s. 29.601
, or 87.30
or chs. 281
. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state.
The exemption under sub. (1)
does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity. If the activity affects a wetland, as defined in s. 23.32 (1)
, the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in s. 281.36 (3r) (a) 1.
If the department determines that there is reasonable cause to believe that an activity being carried out under this section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this section, may proceed with enforcement actions as the secretary deems appropriate.
The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of such activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the state.
Except as may be required otherwise under s. 1.11
, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this section.
This section does not apply to activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15)
NOTE: 2005 Wis. Act 347
, which affected this section, contains extensive explanatory notes.
Seawalls; Wolf River and Fox River basins.
A riparian owner is exempt from the permit requirements under s. 30.12
for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1)
, and that extends beyond the ordinary high-water mark, if the following conditions apply:
The structure is a vertical wall designed to prevent land from eroding into a navigable water.
The structure is not a replacement for an existing structure and is placed on the bed of an artificial enlargement of a navigable water, or the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water.
If the structure is a replacement for an existing structure placed on the bed of a navigable water, including the bed of an artificial enlargement of a navigable water, it is placed not more than 2 feet waterward of the structure that it is replacing.
The structure incorporates adequate bracing and anchors to ensure structural stability.
A filter fabric lining containing a layer of gravel extends from the landward side of the structure to facilitate drainage.
The base of the structure extends to a sufficient depth into the bed of the navigable water to ensure the structure's stability and to prevent the structure from failing.
The structure is secured into the bank of the navigable water in a manner that prevents erosion or scouring.
The riparian owner places riprap at the base of the waterward side of the structure up to the waterline or, if the structure is placed in a location where watercraft are moored, the riparian owner places riprap at the base of the waterward side of the structure up to a point that allows adequate space for the mooring of watercraft.
The structure is constructed of treated wood and built so that the top of the structure meets the lower of the following:
The natural topography of the bank of the navigable water.
A point that is 4 feet above the ordinary high-water mark of the navigable water.
The minimum height required to prevent overtopping by wave action.
History: 2003 a. 118
Lake Koshkonong comprehensive project. 30.2025(1)(1)
In this section, "district" means the Rock-Koshkonong public inland lake protection and rehabilitation district.
The district may implement a project developed and approved by the U.S. army corps of engineers to place structures, or fill, or both on the bed of Lake Koshkonong for any of the following purposes:
To improve navigation or to provide navigation aids.
To restore or protect wetland habitat or water quality.
To create, restore, or protect fish and wildlife habitat.
To enhance the natural aesthetic value or improve the recreational use of the lake.
(3) Location of structures and fill.
Any structure or fill placed as part of the project authorized under sub. (2)
shall be located in Lake Koshkonong within the area that consists of Secs. 10, 13, 18, 19, 20, 24, 33, and 35, T 5 N., R 13.
Before beginning any activity involving the placement of a structure or fill as part of the project authorized under sub. (2)
, the district shall submit plans and specifications for the project to the department and obtain the department's approval for the project.
Before the department gives its approval for a project authorized under sub. (2)
, the department shall do all of the following:
Review the plans and specifications submitted to the department under par. (a)
and obtain any other information that it determines is necessary to effectively evaluate the structural and functional integrity of the structure or fill.
Hold a public informational meeting to discuss the plans and specifications submitted under par. (a)
Determine that the structure or fill is structurally and functionally sound and that the structure or fill will comply with the requirements under sub. (5)
(5) Requirements for structures and fill.
A structure or fill placed as part of a project authorized under sub. (2)
shall meet all of the following requirements:
It may not materially affect the flood flow capacity of the Rock River.
It may not cause material injury to the rights of an owner of lands underlying the structure or fill or to the rights of a riparian owner who owns lands affected by the project.