Walker, Mursau, and Kedzie support "POLLUTERS OVER PEOPLE BILL" 10/18/2011


20application submitted under sub. (1) is complete Within 15 days after the date of 
SENATE BILL 24
October 18, 2011 - Introduced by Committee on Senate Organization, by request 
of Governor Scott Walker, Senator Kedzie, and Representative Mursau. 
Referred to Committee on Natural Resources and Environment.
1An Act to repeal 30.12 (1k) (b) 1., 30.12 (1k) (b) 2., 30.12 (1k) (b) 3., 30.12 (1k) 
2(c), 30.12 (1k) (d), 30.12 (3) (br), 30.123 (6) (a), 30.123 (7) (b), 30.1235, 30.19 (3r) 
3(b), 30.20 (1t) (b), 30.206 (1g) and 30.206 (1m); to renumber 30.123 (7) (a) and 
430.19 (3r) (a); to renumber and amend 30.12 (1g) (f), 30.12 (1k) (b) (intro.), 
530.12 (3) (a) 6., 30.20 (1t) (a) and 30.208 (2); to amend 30.01 (1am) (c), 30.025 
6(2), 30.10 (4) (a), 30.12 (1j) (c), 30.12 (1k) (cm) (intro.), 30.12 (1k) (cm) 1., 30.12 
7(1k) (cm) 2., 30.12 (1k) (e) 2., 30.121 (3), 30.121 (3g), 30.121 (3r), 30.18 (4) (a), 
830.206 (1) (a), 30.2065 (3) (a) 1., 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c), 
930.208 (3) (e), 30.208 (4) (a), 30.208 (5) (a) (intro.), 30.208 (5) (a) 1., 30.208 (5) 
10(b) (intro.), 30.208 (5) (b) 4., 30.208 (5) (b) 5., 30.209 (2) (a), 30.209 (2) (b), 30.209 
11(2) (c), 30.209 (2) (d) (intro.), 30.2095 (1) (b), 84.01 (23), 227.01 (13) (rt), 281.344 
12(9) (b) 1. a., 281.346 (9) (b) 1. a., 283.39 (1) (a), 283.53 (1), 285.61 (5) (c), 285.62 
13(3) (c), 285.76 (2) (a), 289.25 (3), 289.31 (4) (a), 289.41 (1m) (g) 1., 291.87 (3), 
14291.87 (6) (a) and 292.31 (3) (f); to repeal and recreate 299.05; and to create 
130.102, 30.106, 30.11 (4m), 30.12 (1h), 30.12 (3) (a) 6. c., 30.12 (3) (a) 14., 30.12 
2(3) (d), 30.121 (1), 30.121 (3c), 30.123 (7) (d), 30.19 (1m) (f), 30.19 (1m) (g), 30.20 
3(1g) (b) 3., 30.20 (1t) (a) 2., 30.20 (1t) (a) 3., 30.206 (1) (am) and (ar), 30.206 (1) 
4(b), 30.206 (1r), 30.206 (2b), 30.206 (2m), 30.208 (2) (d), 30.208 (3) (f), 30.208 
5(4m), 30.209 (2) (e), 31.12 (5), 281.41 (5), 285.63 (11), 299.06 and 299.17 of the 
6statutes; relating to: the issuance of, and exemptions from, certain individual 
7permits, contracts, and general permits for structures, deposits, and other 
8activities in or near navigable waters; areas of significant scientific value that 
9are areas of special natural resource interest; repair and maintenance of 
10boathouses and fixed houseboats; information required to be published on the 
11Department of Natural Resources Internet Web site; expedited procedures for 
12certain plan approvals; deadlines for action on certain approval applications; 
13and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) regulates 
certain activities that occur in or near navigable waterways. DNR also administers 
environmental laws, including laws relating to air and water quality.
Regulation of activities in or near navigable waterways
In order for a person to conduct an activity in or near a navigable waterway, the 
person may be required to obtain one or more permits from DNR. Among the permits 
that DNR issues are permits to place structures or deposit material into navigable 
waters, and permits to remove material from the beds of navigable waters. Under 
current law, some activities are exempted from these permitting requirements, some 
activities require that the person be issued an individual permit for the activity, and 
some activities are authorized under general permits. Under current law, a person 
must seek authorization from DNR to proceed under a general permit. If DNR does 
not inform the person within a certain time frame that an individual permit is 
required, the person may conduct the activity pursuant to the general permit. DNR 
may also require that a person be issued an individual permit for an exempt activity 
or for an activity authorized under a general permit under certain circumstances.
Procedures in issuing individual permits
In issuing an individual permit, DNR reviews the application, determines 
whether it is complete, and notifies the applicant within 30 days after receiving the 
application whether the application is complete (30-day review period). If the 
application is incomplete, the applicant may supplement the application, but DNR 
may not demand items of information that are not specified in the notice as a 
condition for determining whether the application is complete, with limited 
exceptions. Current law imposes no time limits on this process for determining 
whether an application is complete other than the 30-day review period.
Once DNR determines the application is complete, current law imposes time 
limits on the notice and public hearing procedures that apply to the application. 
Within 15 days, DNR must provide notice to the public that the application is 
complete (application notice). If the applicant has requested a public hearing as part 
of the application, a notice of public hearing must be included in the application 
notice.
If the application notice does not contain a notice of public hearing, any person 
may request a public hearing, or DNR may decide on its own to hold a public hearing 
if DNR determines that there is a significant public interest in holding a hearing. 
The public hearing request must be submitted by the interested person, or DNR's 
decision to hold a public hearing must occur, within 30 days after DNR provides the 
application notice. Within 15 days after the public hearing request is submitted by 
an interested person or DNR makes its decision, DNR must give notice of the public 
hearing (separate notice of hearing). DNR must hold the hearing within 30 days 
after the notice of public hearing is issued either as part of the application notice or 
as an independent separate notice of hearing.
Also, DNR must provide a period to receive public comments. This period lasts 
for 30 days after the date on which DNR provides notice to the public that the 
application is complete or for ten days after the date that a public hearing ends, if 
one is held. Within 30 days after the public hearing is held or, if no public hearing 
is held, within 30 days of the 30-day comment period, DNR must render a decision 
either to issue or not to issue the individual permit or contract.
Under the bill, the time limits for giving application notice and notice of public 
hearing are not totally dependent on the date that the application is determined by 
DNR to be complete. If, upon reviewing the application, DNR determines that the 
application is complete and that no additional information is needed, DNR must 
notify the applicant of that fact within the 30-day review period. The date on which 
this notice is sent triggers the time limits for the public hearing process and for 
receiving public comments.
If DNR determines that the application is not complete, it may make only one 
request for additional information during the 30-day review period. There is no time 
limit on the applicant for providing the additional information but once it is 
submitted, DNR must notify the applicant within ten days as to whether the 
application is complete. Even if the application is not complete, the date on which 
this second notice is sent triggers the time limits for the public hearing process and 
for receiving public comments. Under the bill, the term used for such a date that 
triggers the time limits is "date of closure." DNR may ask for information to 
supplement the one-time request for information, but such a request may not affect 
the date of closure.
The bill shortens the 30-day time period for an interested party to request a 
public hearing or for DNR to make a decision on its own to hold a public hearing to 
20 days.
Under the bill, if DNR fails to comply with 30-day and ten-day time limits 
relating to determining whether an application is complete, the date of closure shall 
be the last day of the 30-day or ten-day time period. If DNR fails to comply with the 
time limits relating to the public hearing and comment process, the application for 
the permit or contract shall be considered to have been approved.
Procedures in issuing general permits
Under current law, DNR is required to issue by rule statewide general permits 
authorizing placement of certain structures and deposits in navigable waters, the 
construction and maintenance of certain bridges, enlargement and connection of 
waterways, and removal of material from the beds of navigable waters. Current law 
allows DNR to issue general permits for certain other waterway activities.
Under this bill, DNR must reissue the four required statewide general permits 
for these waterway activities without using the rule-making process. The permits 
that were issued by rule will remain in effect until the new permits are issued. The 
bill also gives DNR authority to issue a general permit outside of the rule-making 
process for any other waterway activity for which an individual permit is issued.
The bill requires DNR to circulate a public notice of its intention to issue a 
general permit. This includes a procedure for circulating the notice, for receiving 
comments, and holding a public hearing. These procedures are in lieu of those that 
occur under the rule-making process. Under the procedures, DNR must provide up 
to 30 days after the date of the public notice for interested persons to submit written 
comments on the proposed general permit and must hold a public hearing if a request 
for a public hearing is received within 30 days of the circulation of the notice and 
DNR determines that there is significant public interest in holding a public hearing.
Piers and wharves
This bill modifies current law under which a waterfront property owner 
(riparian owner) may obtain an exemption to the general permit requirement for 
placing a pier or wharf on the bed of a navigable water. Under current law, in order 
for the permit exemption to apply, the pier or wharf may not be in an area of special 
natural resource interest, may not extend beyond a specified point, may not interfere 
with the riparian rights of other riparian owners, and may only have a specified 
number of boat slips. Current law also specifies that for the exemption to apply, the 
pier or wharf must comply with width limitations except that the pier may have an 
area as a loading platform that exceeds these limitations if the platform meets 
certain other size and configuration requirements.
The bill changes the size and configuration requirements for loading platforms 
on piers. Under the bill, a loading platform meets the exemption requirements, 
regardless of its configuration, as long as the surface area of the platform does not 
exceed 200 square feet. The bill also provides that a riparian owner may secure a 
specified number of personal watercraft to a pier without affecting the riparian 
owner's eligibility for the exemption.
Current law also grants an exemption to a riparian owner of a pier or wharf that 
was placed on the bed of a navigable water on or before February 6, 2004, if the pier 
or wharf meets certain size and configuration requirements and does not interfere 
with the riparian rights of other riparian owners and the riparian owner registers 
the pier or wharf with DNR no later than April 1, 2011 (grandfathering exemption).
This bill changes the grandfathering exemption so that any pier or wharf that 
was placed on the bed of a navigable water before the effective date of this bill is 
exempt from the permit requirement if the pier or wharf does not interfere with the 
riparian rights of other riparian owners. The bill eliminates the requirement that 
the pier or wharf be registered to be eligible for the grandfathering exemption.
Current law also prohibits DNR from taking any enforcement action against a 
riparian owner (enforcement exemption) for the placement of a pier, wharf, boat 
shelter, boat hoist, or boat lift (structure) on the bed of a navigable water before 
February 6, 2004, if DNR issued a permit or written authorization for the structure 
before that date and the structure is in compliance with the permit or authorization. 
This bill provides that the enforcement exemption applies regardless of the date on 
which DNR issued the permit or written authorization for the structure provided 
that the structure is in compliance with the permit or authorization.
Current law also requires DNR to issue statewide general permits that allow 
a riparian owner to conduct certain activities on the bed of a navigable water. This 
bill requires DNR to issue a statewide general permit to allow a riparian owner to 
place a pier or wharf on the bed of a navigable water that is in, or that would directly 
affect, an area of special natural resource interest if the pier or wharf meets the 
requirements for an exemption for the placement of a pier by a riparian owner. The 
bill also specifies that DNR may impose conditions relating to a pier or wharf that 
is placed under the authority of a general permit but may not prohibit placement if 
the pier or wharf meets the requirements of the general permit.
Placement of fill or structures within a bulkhead line
Generally, under current law, no person may, without a permit, deposit any 
material or place any structure on the bed of a navigable water beyond a lawfully 
established bulkhead line. A bulkhead line is a shoreline established by a 
municipality by ordinance. Current law does not require a riparian owner to obtain 
an approval from DNR to deposit material or place a structure on the bed of a 
navigable water if the deposit or placement is made within a bulkhead line. This bill 
provides that a riparian owner may place additional fill or a structure on the filled 
portion of a bed of a navigable water within a bulkhead line for any purpose without 
obtaining an approval from DNR if the filled portion was filled before the effective 
date of this bill. The bill also provides that if the bed of a navigable water within a 
bulkhead line was not filled before the effective date of the bill, a riparian owner may 
place fill or a structure on the bed of the navigable water without obtaining an 
approval from DNR if the riparian owner places the fill or structure for a public 
purpose.
Land grading activities and removal of materials
Current law prohibits, with certain exceptions, a person from engaging in 
construction, dredging, or enlargement activities with regard to certain artificial 
water bodies and navigable waterways without a permit. This bill creates an 
additional permit exemption. The bill allows a person to engage in land grading 
activity that is authorized under a stormwater discharge permit or under a permit 
issued by a county under a shoreland zoning ordinance.
Current law also requires, with certain exceptions, a person to have a permit 
in order to remove any material from the bed of a lake or navigable stream. This bill 
creates an additional exemption to the permit requirement for a removal of no more 
than a specified amount of material if the removal is necessary to allow access to 
place or remove a pier or wharf. The bill also requires the department to issue a 
general permit for the removal of a specified amount of material by a riparian owner 
for the purpose of placing or maintaining a boat lift and for the removal of not more 
than a specified amount of plant or animal deposits that impede navigation or access 
to a stream, inland lake, or outlaying water.
Bridges and culverts
Under current law, a city, village, town, or county is exempt from the individual 
and general permitting requirements for the construction or reconstruction of a 
highway bridge. This bill repeals this exemption. Instead, DNR must issue a general 
permit authorizing the construction, reconstruction, and maintenance of bridges 
and culverts that are part of a transportation project that is carried out under the 
direction and supervision of a city, village, town, or county
Areas of special natural resource interest
Under current law, certain exemptions for waterway activities do not apply in 
areas of special natural resource interest (ASNRIs). Current law defines, for 
purposes of exempting certain waterway activities from the individual and 
permitting requirements, an ASNRI to be a state natural area, a trout stream or 
other surface water that is identified by DNR as being an outstanding or exceptional 
resource water, or an area that has significant scientific value as identified by DNR. 
DNR has identified by rule various areas as having significant scientific value, 
including wild rice waters, waters that contain endangered or threatened species, 
and coastal wetlands. This bill incorporates into the statutes most of these areas 
designated by rule as having significant scientific value and prohibits DNR from 
identifying waters other than the ones specified in the statutes.
Other changes
Deadlines for action on certain approvals
This bill makes various changes to procedures that DNR is required to follow 
in issuing certain licenses, permits, registrations, and other approvals (approvals).
Under current law, DNR is required to promulgate rules to establish periods 
within which it intends to approve or disapprove applications for most 
environmental approvals. Current law provides that if DNR fails to make a 
determination on an application within the specified period, DNR must refund the 
fees paid by the applicant for the approval.
This bill specifies that for certain environmental approvals for which DNR 
establishes approval periods by rule, and for certain other environmental approvals 
for which a specific approval period is established in the bill, DNR must provide the 
applicant with written notice that the department has approved or disapproved the 
application, including the specific facts upon which any disapproval is based. The 
bill requires DNR to provide this notice before the expiration of the relevant approval 
period. The bill specifies that if DNR fails to provide this notice, DNR must refund 
the fees paid by the applicant and the applicant may seek administrative review of 
the application as if the application had been denied. The bill provides that for 
certain other approval applications, the failure to meet the deadline for approval or 
disapproval of an application constitutes approval of the application.
Expedited procedures
Under current law, a person to whom DNR issues a permit to construct a dam 
must submit specified documents and information to DNR including detailed plans 
and specifications for the proposed dam. Current law establishes a procedure under 
which DNR must examine this information and determine whether it is satisfactory 
or whether modifications are required before DNR approves the plans and 
specifications. Current law also establishes a procedure for the approval by DNR of 
plans for water and sewerage systems and sewage and refuse disposal plants (water 
and sewage plants). This bill requires DNR to establish an expedited procedure for 
the approval of plans for low hazard dams and for the approval of plans for water and 
sewage plants.
Internet publication
Current law requires DNR to publish a newspaper notice containing specified 
information relating to certain laws that it administers. The types of notices that 
DNR must publish include notices of scheduled hearings, of the opportunity to 
submit a written comment, and of the opportunity to request a public hearing and 
notices that provide certain other information to the public. This bill allows DNR, 
instead of publishing these notices in the newspaper, to publish these notices on its 
Internet Web site.
This bill also requires DNR to publish on its Internet Web site any 
determination that it makes that a waterway is navigable or not navigable, any 
determination that it makes that identifies the ordinary high-water mark of a 
navigable water, and, to the greatest extent possible, the current status of any 
application filed with DNR for a permit, license, or other approval relating to 
navigable waters or the environment.
For further information see the state fiscal estimate, which will be printed as 
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do 
enact as follows:
1Section 1. 30.01 (1am) (c) of the statutes is amended to read:
130.01 (1am) (c) An area that possesses significant scientific value, as identified 
2by the department under s. 30.106.
3Section 2. 30.025 (2) of the statutes is amended to read:
430.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), 
5the department may schedule the matter for a public hearing. Notice of the hearing 
6shall be given to the applicant and shall be published as a class 1 notice under ch. 
7985 or as a notice on the department's Internet Web site. The department may give 
8such further notice as it deems proper, and shall give notice to persons requesting 
9same. One copy of the application shall be available for public inspection at the office 
10of the department, at least one copy in the regional office of the department, and at 
11least one copy at the main public library, of the area affected. Notwithstanding s. 
12227.42, the hearing shall be an informational hearing and may not be treated as a 
13contested case hearing nor converted to a contested case hearing.
14Section 3. 30.10 (4) (a) of the statutes is amended to read:
1530.10 (4) (a) This section does not impair the powers granted by law under s. 
1630.1235 or by other law to municipalities to construct highway bridges, arches, or 
17culverts over streams.
18Section 4. 30.102 of the statutes is created to read:
1930.102 Web site information. (1) Navigability determination and ordinary 
20high-water mark identification. If the department makes a determination that a 
21waterway is navigable or is not navigable or identifies the ordinary high-water mark 
22of a navigable waterway, the department shall publish that information on the 
23department's Internet Web site. Any person may rely on the information posted 
24under this section as accurate. This section does not restrict the ability of a person 
25to challenge the accuracy of the information posted under this section.
1(2) Application status. To the greatest extent possible, the department shall 
2publish on the department's Internet Web site the current status of any application 
3filed with the department for a permit, license, or other approval under ch. 30. The 
4information shall include notice of any hearing scheduled by the department with 
5regard to the application.
6Section 5. 30.106 of the statutes is created to read:
730.106 Areas of significant scientific value. In identifying areas that 
8possess significant scientific value, the department may include only the following:
9(1) Specific portions of waters that contain critical habitat for endangered or 
10threatened species.
11(2) Specific portions of waters that are immediately adjacent to an area that 
12contains critical habitat for endangered or threatened species and that directly affect 
13that habitat.
14(3) Wild rice waters as identified in a written agreement between the 
15department and the Great Lakes Indian Fish and Wildlife Commission.
16(4) Waters in ecologically significant coastal wetlands along Lakes Michigan 
17and Superior as identified in the most recent assessment conducted by the 
18department.
19(5) Rivers that are included in the national wild and scenic rivers system and 
20rivers that are designated as wild rivers under s. 30.26.
21Section 6. 30.11 (4m) of the statutes is created to read:
2230.11 (4m) Placement of fill and structures. (a) A riparian owner may place 
23additional fill or a structure on the filled portion of a bed of a navigable water within 
24an established bulkhead line for any purpose without obtaining an approval under 
25this chapter if the filled portion of the bed of the navigable water was filled before 
1the effective date of this paragraph .... [LRB inserts date], and the filled portion was 
2not subject to a lease under s. 24.39 before the effective date of this paragraph .... 
3[LRB inserts date].
4(b) If the bed, or portion of a bed, of a navigable water within an established 
5bulkhead line was not filled before the effective date of this paragraph .... [LRB 
6inserts date], a riparian owner may place fill or a structure on the bed of that 
7navigable water without obtaining an approval under this chapter if the riparian 
8owner places the fill or the structure in a portion of the bed of the navigable water 
9that was not subject to a lease under s. 24.39 before the effective date of this 
10paragraph .... [LRB inserts date], and places the fill or structure for a public purpose.
11Section 7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.) 
12and amended to read:
1330.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following 
14apply:
15a. It is no more than 6 feet wide, that extends.
16b. It extends no further than to a point where the water is 3 feet at its maximum 
17depth as measured at summer low levels, or to the point where there is adequate 
18depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from 
19the shoreline, and that has.
20c. It has no more than 2 boat slips for the first 50 feet of the riparian owner's 
21shoreline footage and no more than one additional boat slip for each additional 50 
22feet of the riparian owner's shoreline footage.
232. Notwithstanding the width limitation in this paragraph subd. 1., a pier may 
24have an area as a loading platform that is more than 6 feet wide if the surface area 
25of the platform is not more than 8 feet wide, it extends perpendicular to one or both 
1sides of the pier, and it is located at the lakeward end of the pier or at the end of the 
2pier that extends into a stream does not exceed 200 square feet.
3Section 8. 30.12 (1h) of the statutes is created to read:
430.12 (1h) Personal watercraft secured to piers allowed. A riparian owner 
5may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the 
6riparian owner's shoreline footage and one additional personal watercraft for each 
7additional 50 feet of the riparian owner's shoreline footage without affecting the 
8riparian owner's eligibility for an exemption under sub. (1g) (f). For the purpose of 
9this subsection, "personal watercraft" has the meaning given in s. 30.50 (9d).
10Section 9. 30.12 (1j) (c) of the statutes is amended to read:
1130.12 (1j) (c) If the riparian owner or owners of a property described in par. (a) 
12are eligible and propose to place a pier or wharf with the number of boat slips 
13specified in par. (a), the riparian owner or owners shall apply to the department for 
14an individual permit under s. 30.208 authorizing the configuration of the pier or 
15wharf unless the configuration is authorized by the department under a general 
16permit under s. 30.206 (1g). The department may not deny the permit on the basis 
17of the number of slips proposed by the riparian owner or owners if the number of slips 
18proposed does not exceed the number allowed under par. (a). A riparian owner or 
19owners who apply for a permit under this paragraph shall be presumed to be entitled 
20to the number of slips allowed under par. (a).
21Section 10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b) 
22and amended to read:
2330.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner 
24of a pier or wharf that was placed on the bed of a navigable water on or before 
25February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt 
1from the permit requirements under this section if all of the following apply: the pier 
2or wharf does not interfere with the riparian rights of other riparian owners.
3Section 11. 30.12 (1k) (b) 1. of the statutes is repealed.
4Section 12. 30.12 (1k) (b) 2. of the statutes is repealed.
5Section 13. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 
625, is repealed.
7Section 14. 30.12 (1k) (c) of the statutes is repealed.
8Section 15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
930.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may 
10not take any enforcement action under this chapter against a riparian owner for the 
11placement of any of the following:
12Section 16. 30.12 (1k) (cm) 1. of the statutes is amended to read:
1330.12 (1k) (cm) 1. A structure for which the department has issued a permit 
14under this section on or before February 6, 2004, if the structure is in compliance with 
15that permit.
16Section 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:
1730.12 (1k) (cm) 2. A structure for which the department has issued a written 
18authorization on or before February 6, 2004, if the structure is in compliance with 
19that written authorization.
20Section 18. 30.12 (1k) (d) of the statutes is repealed.
21Section 19. 30.12 (1k) (e) 2. of the statutes is amended to read:
2230.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or 
23reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf, 
24the riparian owner registered the pier or wharf with the department under par. (b) 
253. and, before relocating or reconfiguring the pier or wharf, the riparian owner 
1registers the reconfigured or relocated pier or wharf with the department under this 
2subdivision.
3Section 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.) 
4and amended to read:
530.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner's 
6property for the purpose of storing or protecting watercraft and associated materials, 
7except that no general or individual permit may be issued for a permanent boat 
8shelter that is constructed after May 3, 1988, if the any of the following apply:
9a. The property on which the permanent boat shelter is to be located also 
10contains a boathouse within 75 feet of the ordinary high-water mark or if there.
11b. There is a boathouse over navigable waters adjacent to the owner's property.
12Section 21. 30.12 (3) (a) 6. c. of the statutes is created to read:
1330.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward 
14end of the owner's pier or the waterward side of the owner's wharf.
15Section 22. 30.12 (3) (a) 14. of the statutes is created to read:
1630.12 (3) (a) 14. Place a pier or wharf on the bed of a navigable water that is 
17in, or that would directly affect, an area of special natural resource interest and that 
18is adjacent to the owner's property if the pier or wharf meets the requirements of sub. 
19(1g) (f).
20Section 23. 30.12 (3) (br) of the statutes is repealed.
21Section 24. 30.12 (3) (d) of the statutes is created to read:
2230.12 (3) (d) The department may impose conditions relating to the location, 
23design, construction, and installation of a pier or wharf placed under the authority 
24of a general permit issued under par. (a) 14., but may not prohibit a riparian owner 
25from placing a pier or wharf that meets the requirement of the general permit.
1Section 25. 30.121 (1) of the statutes is created to read:
230.121 (1) Definition. In this section, the terms "maintain" and "repair" 
3include replacing structural elements, including roofs, doors, walls, windows, 
4beams, porches, and floors.
5Section 26. 30.121 (3) of the statutes is amended to read:
630.121 (3) Maintenance and repair. The riparian owner of any boathouse or 
7fixed houseboat extending beyond the ordinary high-water mark of any navigable 
8waterway may repair and or maintain the boathouse or fixed houseboat if the cost 
9of the repair or maintenance to repair or maintain the boathouse or fixed houseboat 
10does not exceed 50% of the equalized assessed value of the boathouse or fixed 
11houseboat. If the boathouse or fixed houseboat is not subject to assessment, the 
12owner may make repairs repair or maintain the boathouse or the fixed houseboat if 
13the cost of the repair or maintenance does not exceed 50% of the current fair market 
14value of the boathouse or fixed houseboat.
15Section 27. 30.121 (3c) of the statutes is created to read:
1630.121 (3c) Exception; certain boathouses. Subsection (3) does not apply to 
17repairing or maintaining a boathouse if the boathouse was in existence on December 
1816, 1979, and the repairing or maintaining does not affect the size, location, or 
19configuration of the boathouse and does not result in the boathouse being converted 
20into living quarters.
21Section 28. 30.121 (3g) of the statutes is amended to read:
2230.121 (3g) Exception; historical or cultural value. Subsection (3) does not 
23apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed 
24houseboat if the boathouse or fixed houseboat has a historic or cultural value, as 
1determined by the state historical society or a local or county historical society 
2established under s. 44.03.
3Section 29. 30.121 (3r) of the statutes is amended to read:
430.121 (3r) Exception; damages after January 1, 1984. Subsections (2) and (3) 
5do not apply to the repair or reconstruction of repairing or reconstructing a damaged 
6boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the 
7damage occurs after January 1, 1984.
8Section 30. 30.123 (6) (a) of the statutes is repealed.
9Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
10Section 32. 30.123 (7) (b) of the statutes is repealed.
11Section 33. 30.123 (7) (d) of the statutes is created to read:
1230.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that 
13are part of a transportation project that is carried out under the direction and 
14supervision of a municipality.
15Section 34. 30.1235 of the statutes is repealed.
16Section 35. 30.18 (4) (a) of the statutes is amended to read:
1730.18 (4) (a) Upon receipt of a complete application, the department shall 
18follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and 
19hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3). 
20In addition to providing notice as required under s. 30.208 (3) to (5), the department 
21shall mail a copy of the notice to every person upon whose land any part of the canal 
22or any other structure will be located, to the clerk of the next town downstream, to 
23the clerk of any village or city in which the lake or stream is located and which is 
24adjacent to any municipality in which the withdrawal will take place and to each 
25person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
1Section 36. 30.19 (1m) (f) of the statutes is created to read:
230.19 (1m) (f) Any land grading activity authorized under a stormwater 
3discharge permit issued under s. 283.33.
4Section 37. 30.19 (1m) (g) of the statutes is created to read:
530.19 (1m) (g) Any land grading activity authorized by a permit issued by a 
6county under a shoreland zoning ordinance enacted under s. 59.692.
7Section 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
8Section 39. 30.19 (3r) (b) of the statutes is repealed.
9Section 40. 30.20 (1g) (b) 3. of the statutes is created to read:
1030.20 (1g) (b) 3. The amount of material removed is less than 10 cubic yards, 
11the removal is necessary to allow access to place or remove a pier or wharf, and the 
12removal occurs not more than once per year.
13Section 41. 30.20 (1t) (a) of the statutes is renumbered 30.20 (1t) (a) (intro.) 
14and amended to read:
1530.20 (1t) (a) (intro.) The department shall issue statewide general permits 
16under s. 30.206 that authorize any all of the following:
171. Any person to remove material for maintenance purposes from an area from 
18which material has been previously removed.
19Section 42. 30.20 (1t) (a) 2. of the statutes is created to read:
2030.20 (1t) (a) 2. Any riparian owner to remove 50 cubic yards or less of material 
21from a lake or stream adjacent to the riparian owner's property, by means other than 
22blasting, for the purpose of placing or maintaining a boatlift on a pier or wharf.
23Section 43. 30.20 (1t) (a) 3. of the statutes is created to read:
2430.20 (1t) (a) 3. Any person to annually remove not more than 500 cubic yards 
25of plant or animal nuisance deposits from a stream, inland lake, or outlying waters 
1if the plant or animal nuisance deposits impede navigation or access to the stream, 
2inland lake, or outlying waters.
3Section 44. 30.20 (1t) (b) of the statutes is repealed.
4Section 45. 30.206 (1) (a) of the statutes is amended to read:
530.206 (1) (a) The department shall issue the statewide general permits as 
6rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19 
7(3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) 
8(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after 
9February 6, 2004. The department shall submit in proposed form the rule containing 
10the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) 
11to the legislative council staff under s. 227.15 (1) no later than August 1, 2004. 
12General permits issued under s. 30.206, 2001 stats., shall remain valid until the date 
13upon which the rules issuing these statewide general permits are promulgated 
14under this paragraph.
15Section 46. 30.206 (1) (am) and (ar) of the statutes are created to read:
1630.206 (1) (am) Upon compliance with the requirements under subs. (2b) and 
17(2m) and in addition to the general permits required under par. (a), the department 
18may issue a general permit authorizing an activity for which an individual permit 
19is issued, or a contract is entered into, under this subchapter.
20(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract 
21that would otherwise be required for that activity under this subchapter.
22Section 47. 30.206 (1) (b) of the statutes is created to read:
2330.206 (1) (b) A general permit issued under par. (a) or (am) is valid for a period 
24of 5 years, and an activity that the department determines is authorized by a general 
25permit remains authorized under the general permit until the activity is completed 
1regardless of whether the general permit expired before the activity is completed. 
2The department may renew or modify, or revoke a general permit issued under par. 
3(a) or (am) upon compliance with the requirements under subs. (2b) and (2m); and 
4until such renewal, modification, or revocation, the general permit shall remain in 
5effect.
6Section 48. 30.206 (1g) of the statutes is repealed.
7Section 49. 30.206 (1m) of the statutes is repealed.
8Section 50. 30.206 (1r) of the statutes is created to read:
930.206 (1r) Transitions between permits. Any general permit issued under 
10this subchapter that is valid on the effective date of this subsection .... [LRB inserts 
11date], shall remain valid until the date upon which a general permit issued under 
12sub. (1) (a) or (am) that authorizes the same activity becomes effective.
13Section 51. 30.206 (2b) of the statutes is created to read:
1430.206 (2b) Public notice. (a) The department shall circulate to interested 
15and potentially interested members of the public notices of its intention to issue a 
16general permit under sub. (1) (a) or (am). Procedures for circulating public notices 
17shall include all of the following:
181. A procedure for publishing a class 1 notice under ch. 985 or publishing a 
19notice on the department's Internet Web site.
202. A procedure under which a copy of the notice is provided to any person or 
21group upon request of the person or group.
22(b) The department shall provide a period of not less than 30 days after the date 
23of the public notice during which time interested persons may submit their written 
24comments on the department's intention to issue a general permit under sub. (1) (a) 
1or (am). All written comments submitted during the period for comment shall be 
2retained by the department and considered in the issuance of the general permit.
3(c) Every notice issued by the department of the department's intention to issue 
4a general permit under sub. (1) (a) or (am) shall include a description of the activities 
5proposed to be authorized under the general permit.
6Section 52. 30.206 (2m) of the statutes is created to read:
730.206 (2m) Public hearing. (a) 1. The department shall provide an 
8opportunity for any interested state agency or federal agency or person or group of 
9persons to request a public hearing with respect to the department's intention to 
10issue a general permit under sub. (1) (a) or (am). Such request for a public hearing 
11shall be filed with the department within 30 days after the circulation of the public 
12notice under sub. (2b) and shall indicate the interest of the party filing the request 
13and the reasons why a hearing is warranted.
142. The department shall hold a public hearing upon a request under subd. 1. 
15if the department determines that there is a significant public interest in holding 
16such a hearing. Hearings held under this section are not contested cases under s. 
17227.01 (3).
18(b) Public notice of any hearing held under this subsection shall be circulated 
19in accordance with the requirements under sub. (2b).
20Section 53. 30.2065 (3) (a) 1. of the statutes is amended to read:
2130.2065 (3) (a) 1. Publication of the notice as a class 1 notice under ch. 985 or 
22as a notice on the department's Internet Web site.
23Section 54. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and 
24amended to read:
130.208 (2) (a) Review; no additional information required. In issuing 
2individual permits or entering contracts under this subchapter, the department shall 
3initially determine whether a complete application for the permit or contract has 
4been submitted and, no later than review an application, and within 30 days after 
5the application is submitted, the department shall determine that either the 
6application is complete or that additional information is needed. If the department 
7determines that the application is complete, the department shall notify the 
8applicant in writing about the initial determination of completeness of that fact 
9within the 30-day period, and the date on which the notice under this paragraph is 
10sent shall be considered the date of closure for purposes of sub. (3) (a).
11(b) Additional information requested. If the department determines that the 
12application is incomplete, the department shall notify the applicant in writing and 
13may make only one request for additional information during the 30-day period 
14specified in par. (a). Within 10 days after receiving all of the requested information 
15from the applicant, the department shall notify the applicant in writing as to 
16whether the application is complete. The date on which the 2nd notice under this 
17paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The 
18department may request additional information from the applicant to supplement 
19the application, but the department may not request items of information that are 
20outside the scope of the original request unless the applicant and the department 
21both agree. A request for any such additional information may not affect the date 
22of closure.
23(c) Specificity of notice; limits on information. Any notice stating that an 
24application has been determined to be incomplete or any other request for 
25information that is sent under par. (b) shall state the reason for the determination 
1or request and the specific items of information necessary to make the application 
2complete. An applicant may supplement and resubmit an application that the 
3department has determined to be incomplete. There is no limit on the number of 
4times that an applicant may resubmit an application that the department has 
5determined to be incomplete under this section. The department may not demand 
6items of information that are not specified in the notice as a condition for determining 
7whether the application is complete unless both the department and the applicant 
8agree or unless the applicant makes material additions or alterations to the activity 
9or project for which the application has been submitted. The rules promulgated 
10under s. 299.05 apply only to applications for individual permits or contracts under 
11this subchapter that the department has determined to be complete that are still 
12needed.
13Section 55. 30.208 (2) (d) of the statutes is created to read:
1430.208 (2) (d) Failure to meet time limits. If the department fails to meet the 
1530-day time limit under par. (a) or 10-day time limit under par. (b), the application 
16shall be considered to have a date of closure that is the last day of that 30-day or 
1710-day time period for purposes of sub. (3) (a).
18Section 56. 30.208 (3) (a) of the statutes is amended to read:
1930.208 (3) (a) Upon determination by the department under sub. (2), that an 
21closure, as determined under sub. (2) (a) or (b), the department shall provide notice 
22of complete pending application to interested and potentially interested members of 
23the public, as determined by the department. The department shall provide the 
24notice within 15 days after the determination that the application is complete. If the 
1applicant has requested a public hearing as part of the submitted application, a 
2notice of public hearing shall be part of the notice of complete pending application.
3Section 57. 30.208 (3) (b) of the statutes is amended to read:
430.208 (3) (b) If the notice of complete pending application does not contain a 
5notice of public hearing, any person may request a public hearing in writing or the 
6department may decide to hold a public hearing with or without a request being 
7submitted if the department determines that there is a significant public interest in 
8holding a hearing.
9Section 58. 30.208 (3) (c) of the statutes is amended to read:
1030.208 (3) (c) A request for a public hearing under par. (b) must be submitted 
11to the department or the department's decision to hold a public hearing must occur 
12within 30 20 days after the department completes providing provides the notice of 
13complete pending application. The department shall provide notice of public hearing 
14within 15 days after the request for public hearing is submitted or the department 
15makes its determination decision to hold a public hearing.
16Section 59. 30.208 (3) (e) of the statutes is amended to read:
1730.208 (3) (e) Within 30 20 days after the public hearing is held period for public 
18comment under sub. (4) (b) has ended or if no public hearing is held, within 30 days 
19of the 30-day comment period under sub. (4) (a), the department shall render a 
20decision, issuing, denying, or modifying the permit or approving or disapproving the 
21contract that is the subject of the application submitted under sub. (1).
22Section 60. 30.208 (3) (f) of the statutes is created to read:
2330.208 (3) (f) If the department fails to comply with the time periods under par. 
24(e), a decision issuing the permit, modifying the permit, or approving the contract 
25shall be considered to be rendered. The permit that is issued or is modified, or the 
1contract that is approved, shall authorize the activity as proposed by the applicant, 
2but the department may impose terms and conditions on the permit or contract that 
3are consistent with the applicant's basic proposal.
4Section 61. 30.208 (4) (a) of the statutes is amended to read:
530.208 (4) (a) The department shall provide a period for public comment after 
6the department has provided a notice of complete pending application under sub. (3) 
7(a), during which time any person may submit written comments with respect to the 
8application for the permit or contract. The department shall retain all of the written 
9comments submitted during this period and shall consider all of the comments in the 
10formulation of the final decision on the application. The period for public comment 
11shall end on the 30th day following the date on which the department completes 
12providing the notice of complete pending application, except as provided in par. (b).
13Section 62. 30.208 (4m) of the statutes is created to read:
1430.208 (4m) Denials. If a decision is issued by the department under this 
15section that denies a permit or a modification of a permit or disapproves a contract, 
16the notice of denial or disapproval shall set forth the specific reasons as to how the 
17applicable provisions of this subchapter were not met. The notice of denial or 
18disapproval may not be based on a determination that the application for the permit 
19or contract was incomplete.
20Section 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:
2130.208 (5) (a) (intro.) The department shall, by rule, establish procedures for 
22providing notices of complete pending applications and notices of public hearings to 
23be provided under sub. (3), and notices of administrative hearings to be provided 
24under s. 30.209 (1m). The procedures shall require all of the following:
25Section 64. 30.208 (5) (a) 1. of the statutes is amended to read:
130.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985 
2or as a notice on the department's Internet Web site.
3Section 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:
430.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and 
5content of notices of complete pending applications and notices of public hearings to 
6be provided under sub. (3), and notices of administrative hearings to be provided 
7under s. 30.209 (1m). Each notice shall include all of the following information:
8Section 66. 30.208 (5) (b) 4. of the statutes is amended to read:
930.208 (5) (b) 4. For a notice of complete pending application and a notice of 
10public hearing under sub. (3), a statement of the tentative determination to issue, 
11modify, or deny a permit for the activity or project described in the application.
12Section 67. 30.208 (5) (b) 5. of the statutes is amended to read:
1330.208 (5) (b) 5. For a notice of complete pending application and a notice of 
14public hearing under sub. (3), a brief description of the procedures for the 
15formulation of final determinations, including a description of the comment period 
16required under sub. (4).
17Section 68. 30.209 (2) (a) of the statutes is amended to read:
1830.209 (2) (a) An administrative hearing under this subsection section shall be 
19treated as a contested case under ch. 227.
20Section 69. 30.209 (2) (b) of the statutes is amended to read:
2130.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner 
22shall, within 30 days after receipt of the referral under sub. (1m) (g), determine 
23whether continuation of the stay is necessary to prevent significant adverse impacts 
24or irreversible harm to the environment pending completion of the administrative 
25hearing. The hearing examiner shall make the determination based on the request 
1under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any 
2testimony at a public hearing or any public comments. The determination shall be 
3made without a hearing.
4Section 70. 30.209 (2) (c) of the statutes is amended to read:
530.209 (2) (c) A An administrative hearing under this section shall be 
6completed within 90 days after receipt of the referral of the petition under sub. (1m) 
7(g), unless all parties agree to an extension of that period. In addition, a hearing 
8examiner may grant a one-time extension for the completion of the hearing of up to 
960 days on the motion of any party and a showing of good cause demonstrating 
10extraordinary circumstances justifying an extension.
11Section 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:
1230.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall 
13provide a notice of the administrative hearing at least 30 days before the date of the 
14hearing to all of the following:
15Section 72. 30.209 (2) (e) of the statutes is created to read:
1630.209 (2) (e) In an administrative hearing under this section, the petitioner 
17shall proceed first with the presentation of evidence and shall have the burden of 
18proof.
19Section 73. 30.2095 (1) (b) of the statutes is amended to read:
2030.2095 (1) (b) The department may specify a time limit of less than 3 years 
21for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause, 
22the The department may shall extend the time limit for a an individual permit or 
23contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if 
24the grantee requests an extension prior to expiration of the initial time limit.
25Section 74. 31.12 (5) of the statutes is created to read:
131.12 (5) The department shall establish an expedited procedure for approval 
2of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The 
3expedited procedure shall apply, in lieu of the procedure under this section, if all of 
4the following are satisfied:
5(a) The plan design is of a common construction and size or is for a minor 
6addition to an existing dam.
7(b) The plan design is submitted by a registered professional engineer.
8(c) The plan design is submitted by a person who has designed similar dams 
9and none of those similar dams has caused adverse impacts to the environment.
10(d) The plan design contains no unusual siting requirements or other unique 
11design features.
12(e) The plan design is for a dam that is located entirely on land that the permit 
13grantee owns or that is located entirely on land for which the permit grantee has 
14acquired an easement.
15Section 75. 84.01 (23) of the statutes is amended to read:
1684.01 (23) Bridge standards. The department shall adopt standards and 
17specifications for the design and construction of county, town, village , and city 
18bridges, arches or culverts. The standards and specifications shall be developed after 
19consultation with the department of natural resources, and shall be directed at 
20preventing undue impairment of public rights in navigable waters. All highway 
21bridges, arches, and culverts constructed or reconstructed by a county, town, village, 
22or city shall be done in accordance with these standards and specifications.
23Section 76. 227.01 (13) (rt) of the statutes is amended to read:
24227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.
25Section 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:
1281.344 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 
2or as a notice on its Internet Web site.
3Section 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:
4281.346 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985 
5or as a notice on its Internet Web site.
6Section 79. 281.41 (5) of the statutes is created to read:
7281.41 (5) The department shall establish an expedited procedure for approval 
8of plans under this section. The expedited procedure shall apply, in lieu of the 
9procedure under sub. (1) (b) if all of the following are satisfied:
10(a) The plan design is of a common construction and size or is for a minor 
11addition to an existing facility.
12(b) The plan design is submitted by a registered professional engineer.
13(c) The plan design is submitted by a person who has designed similar facilities 
14and none of those similar facilities has caused adverse impacts to the environment.
15(d) The plan design contains no unusual siting requirements or other unique 
16design features.
17Section 80. 283.39 (1) (a) of the statutes is amended to read:
18283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as 
19a notice on its Internet Web site;
20Section 81. 283.53 (1) of the statutes is amended to read:
21283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall 
22have a an initial term for more than 5 years. Upon the request of a permit holder, 
23the department may renew the permit. There is a no limit on the number of times 
24that a permit may be renewed.
25Section 82. 285.61 (5) (c) of the statutes is amended to read:
1285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice 
2under ch. 985, or shall publish notice on its Internet Web site, announcing the 
3opportunity for written public comment and the opportunity to request a public 
4hearing on the analysis and preliminary determination.
5Section 83. 285.62 (3) (c) of the statutes is amended to read:
6285.62 (3) (c) The department shall publish the notice prepared under par. (a) 
7as a class 1 notice under ch. 985 in a newspaper published in the area that may be 
8affected by emissions from the stationary source, or shall publish the notice on its 
9Internet Web site.
10Section 84. 285.63 (11) of the statutes is created to read:
11285.63 (11) Modeling. The department is not required to use air dispersion 
12modeling as a basis for making its findings under subs. (1) to (3).
13Section 85. 285.76 (2) (a) of the statutes is amended to read:
14285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed 
15redesignation and request for consultation with the state in a newspaper of general 
16circulation in the area that would be affected by the redesignation, as determined 
17using standards established by the federal environmental protection agency, or 
18publish a notice on the department's Internet Web site; and publish a class 1 notice, 
19under ch. 985, in the official state newspaper; and provide a written statement 
20concerning the proposed redesignation to those newspapers each newspaper in 
21which it publishes a class 1 notice under this subsection.
22Section 86. 289.25 (3) of the statutes is amended to read:
23289.25 (3) Notification on feasibility report and preliminary environmental 
24impact statement decisions. Immediately after the department issues a preliminary 
25determination that an environmental impact statement is not required or, if it is 
1required, immediately after the department issues the environmental impact 
2statement, the department shall publish a class 1 notice under ch. 985 in the official 
3newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper 
4likely to give notice in the area of the proposed facility, or shall publish a notice on 
5its Internet Web site. The notice shall include a statement that the feasibility report 
6and the environmental impact statement process are complete. The notice shall 
7invite the submission of written comments by any person within 30 days after the 
8notice for a solid waste disposal facility or within 45 days after the notice for a 
9hazardous waste facility is published. The notice shall describe the methods by 
10which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The 
11department shall distribute copies of the notice to the persons specified under s. 
12289.32.
13Section 87. 289.31 (4) (a) of the statutes is amended to read:
14289.31 (4) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely 
15to give notice in the area where the facility is located or publishing a notice on its 
16Internet Web site.
17Section 88. 289.41 (1m) (g) 1. of the statutes is amended to read:
18289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any 
19time at least 40 years after the closing of the facility, to the department for 
20termination of the owner's obligation to maintain proof of financial responsibility for 
21long-term care of the facility. Upon receipt of an application under this subdivision, 
22the department shall publish a class 1 notice under ch. 985 in the official newspaper 
23designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give 
24notice in the area of the facility, or shall publish a notice on its Internet Web site. The 
25notice shall include a statement that the owner has applied to terminate the owner's 
1obligation to maintain proof of financial responsibility for the long-term care of the 
2facility. The notice shall invite the submission of written comments by any person 
3within 30 days after the notice is published. The notice shall describe the methods 
4by which a hearing may be requested under subds. 2. and 3. The department shall 
5distribute a copy of the notice to the owner of the facility. In any hearing on the 
6matter, the burden is on the owner to prove by a preponderance of the evidence that 
7continuation of the requirement to provide proof of financial responsibility for 
8long-term care is not necessary for adequate protection of human health or the 
9environment. Within 120 days after the publication of the notice or within 60 days 
10after any hearing is adjourned, whichever is later, the department shall determine 
11whether proof of financial responsibility for long-term care of the facility continues 
12to be required. A determination that proof of financial responsibility for long-term 
13care is no longer required terminates the owner's obligation to maintain proof of 
14financial responsibility for long-term care. The owner may not submit another 
15application under this subdivision until at least 5 years after the previous 
16application has been rejected by the department.
17Section 89. 291.87 (3) of the statutes is amended to read:
18291.87 (3) If the licensee requests a hearing within 45 days after receiving the 
19notice under sub. (2), the department shall schedule a hearing and give notice of the 
20hearing by publishing a class 1 notice, under ch. 985, or by publishing a notice on its 
21Internet Web site, at least 45 days prior to the date scheduled for the hearing. If the 
22licensee requests a contested case hearing and if the conditions specified under s. 
23227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a 
24contested case; otherwise, the department shall conduct the hearing as an 
25informational hearing. There is no statutory right to any hearing concerning the 
1denial, suspension or revocation of a license for the reasons stated under sub. (1m) 
2(b) to (f) except as provided under this subsection.
3Section 90. 291.87 (6) (a) of the statutes is amended to read:
4291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely 
5to give notice in the area where the facility is located or publishing a notice on its 
6Internet Web site.
7Section 91. 292.31 (3) (f) of the statutes is amended to read:
8292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice, 
9under ch. 985 or shall publish a notice on its Internet Web site, prior to taking 
10remedial action under this subsection and subs. (1) and (7), which describes the 
11proposed remedial action and the amount and purpose of any proposed expenditure. 
12Except as provided under par. (d), the department shall provide a hearing to any 
13person who demands a hearing within 30 days after the notice is published for the 
14purpose of determining whether the proposed remedial action and any expenditure 
15is within the scope of this section and is reasonable in relation to the cost of obtaining 
16similar materials and services. The department is not required to conduct more than 
17one hearing for the remedial action proposed at a single site or facility. 
18Notwithstanding s. 227.42, the hearing shall not be conducted as a contested case. 
19The decision of the department to take remedial action under this section is a final 
20decision of the agency subject to judicial review under ch. 227.
21Section 92. 299.05 of the statutes is repealed and recreated to read:
22299.05 Deadlines for action on certain applications. (1) Definition. In 
23this section, "approval" means a license, registration, or certification specified in sub. 
24(2).
1(2) Deadlines. The department, by rule, shall establish periods within which 
2the department intends to approve or disapprove an application for any of the 
3following:
41. A well driller or pump installer registration under s. 280.15.
52. A water system or septage servicing vehicle operator certification under s. 
6281.17 (3).
73. A license for servicing septic tanks and similar facilities under s. 281.48 (3).
84. A solid waste incinerator operator certification under s. 285.51 (2).
95. A laboratory certification or registration under s. 299.11.
10(b) The department shall approve or disapprove an application for any of the 
11following within 30 days from the date on which the department receives the 
12application:
131. A solid waste disposal facility operator certification under s. 289.42 (1).
142. A hazardous waste transportation license under s. 291.23.
153. A medical waste transportation license under s. 299.51 (3) (c).
16(c) The department shall approve or disapprove an application for an oil or gas 
17exploration license under s. 295.33 (1) within 60 days from the date on which the 
18department receives the application.
19(2m) Failure to meet deadline. (a) Subject to sub. (4), the department shall 
20refund fees paid by the applicant for an approval if the department fails to provide 
21the applicant with written notice that the department has approved or disapproved 
22the application for the approval, including the specific facts upon which any 
23disapproval is based, before the expiration of the period established under sub. (2) 
24for the approval.
1(b) Subject to sub. (4), if the department fails to provide the applicant for an 
2approval with written notice that the department has approved or disapproved the 
3application before the expiration of the period established under sub. (2) for the 
4approval, the applicant may choose to proceed under ch. 227 as though the 
5department had disapproved the application by providing the department with 
6written notice of that choice no later than 45 days after the expiration of the period 
7established under sub. (2).
8(c) The department may not disapprove an application for an approval solely 
9because the department is unable to complete its review of the application within the 
10period established under sub. (2).
11(3) Notice of deadline. Upon receiving an application for an approval, the 
12department shall inform the applicant of the period established under sub. (2) for the 
13license or other approval.
14(4) Permitted extension of deadline. The department may extend the period 
15established under sub. (2) because an application is incomplete if all of the following 
16apply:
17(a) Within 14 days after receiving the application, the department provides 
18written notice to the applicant describing specifically the information that must be 
19provided to complete the application.
20(b) The information under par. (a) is directly related to eligibility for the license 
21or other approval or to terms or conditions of the license or other approval.
22(c) The information under par. (a) is necessary to determine whether to approve 
23the application or is necessary to determine the terms or conditions of the license or 
24other approval.
1(d) The extension is not longer than the period equal to the number of days from 
2the day on which the department provides the notice under par. (a) to the day on 
3which the department receives the information.
4Section 93. 299.06 of the statutes is created to read:
5299.06 Automatic approval of certain applications. (1) Definition. In 
6this section, "approval" means a permit, license, or approval specified in sub. (1m).
7(1m) Deadlines. The department, by rule, shall establish periods within which 
8the department intends to approve or disapprove an application for any of the 
9following:
10(a) A high-capacity well approval under s. 281.34 (2).
11(b) A prospecting permit under s. 293.45.
12(c) An oil or gas production license under s. 295.33 (2).
13(2) Failure to meet deadline. (a) Subject to subs. (4) (b) and (5), failure by the 
14department to provide the applicant for an approval with written notice that the 
15department has approved or disapproved the application for the approval, including 
16the specific facts upon which any disapproval is based, before the expiration of the 
17period established under sub. (1m) for the approval constitutes approval of the 
18application. An approval approved under this paragraph is subject to any terms or 
19conditions specified by statute or rule for the approval and the department may 
20suspend, limit, revoke, or withdraw the approval for substantial failure to comply 
21with those terms or conditions. The department may not make the approval subject 
22to any term or condition that is not specified by statute or rule. Within 30 days after 
23the expiration of the period established under sub. (1m) for the approval, the 
24department shall provide the applicant with a statement showing that the approval 
25is approved and specifying any terms and conditions that apply to that approval.
1(b) The department may not disapprove an application for an approval solely 
2because the department is unable to complete its review of the application within the 
3period established under sub. (1m).
4(3) Notice of deadline. Upon receiving an application for an approval the 
5department shall inform the applicant of the period established under sub. (1m) for 
6the approval.
7(4) Optional provisions of rules. The department may include any of the 
8following in the rules required under sub. (1m):
9(a) A longer period under sub. (1m) for an application for an approval for which 
10an environmental impact statement is required under s. 1.11 than for other 
11applications.
12(b) Extensions of the period established under sub. (1m) because the applicant 
13makes a material modification to the application if the department notifies the 
14applicant in writing of the extension within 30 days after the applicant makes the 
15modification.
16(c) Deadlines for the department to complete intermediate steps in the process 
17of completing its review of an application.
18(5) Extensions authorized. (a) During the period established under sub. (1m), 
19the department and the applicant may jointly agree to a different period for acting 
20on an application for an approval. The department may not require an applicant to 
21agree to a different period as a condition of approving an application.
22(b) The department may extend a period established under sub. (1m) (a) to (c) 
23because an application is incomplete if all of the following apply:
11. Within 14 days after receiving the application, the department provides 
2written notice to the applicant describing specifically the information that must be 
3provided to complete the application.
42. The information under subd. 1. is directly related to eligibility for the 
5approval or to terms or conditions of the approval.
63. The information under subd. 1. is necessary to determine whether to approve 
7the application or is necessary to determine the terms or conditions of the approval.
84. The extension is not longer than the period equal to the number of days from 
9the day on which the department provides the notice under subd. 1. to the day on 
10which the department receives the information.
11(c) The department may extend a period established under sub. (1m) (a) to (c) 
12for an application by not more than 30 days if, within the period established under 
13sub. (1m) (a) to (c), the department finds that there is a substantial likelihood that 
14the activity proposed to be conducted under the application would result in 
15substantial harm to human health or human safety and that the department cannot 
16adequately review the application within the period established under sub. (1m) (a) 
17to (c) and, upon making those findings, provides written notice to the applicant that 
18states with particularity the facts on which those findings are based.
19Section 94. 299.17 of the statutes is created to read:
20299.17 Web site information. To the greatest extent possible, the 
21department shall publish on the department's Internet Web site the current status 
22of any application filed with the department for a permit, license, or other approval 
23under chs. 281 to 285 or 289 to 299. The information shall include notice of any 
24hearing scheduled by the department with regard to the application.
25Section 95. Initial applicability.
1(1) The treatment of section 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), and (f), (4) 
2(a), (4m), and (5) (a) (intro.) and (b) (intro.), 4., and 5. of the statutes, the renumbering 
3and amendment of section 30.208 (2) of the statutes, and the creation of section 
430.208 (2) (d) of the statutes first apply to applications for individual permits or 
5contracts that are submitted on the effective date of this subsection.
6(2) The treatment of section 30.209 (2) (e) of the statutes first applies to 
7administrative hearings that are commenced on the effective date of this subsection.
8Section 96. Effective date.
9(1) This act takes effect on first day of the 4th month beginning after 
10publication.
11(end)