This is the Wetlands/Habitat Restoration LRB (Legislative Reference Bureau) 1446 that is now being introduced as AB/SB (Assembly Bill / Senate Bill 24, according to Senator Bob Jauch. Read it carefully, this bill is another backdoor attempt to degrade Wisconsin's water and wetland protections. Walker and his banker and corporate buddies just don't give up. Mining operatives are trying every sneaky approach to attacking Wisconsin's strong conservation ethic. Walker's buddies see dollars to be made and the mantra of jobs, jobs, and more jobs is an attempt to mask the environmental cost. Sadly, too many politicians are more concerned about bankers and corporations than the next generation. Please send your thoughts about this pending legislation to the savethewatersedge@gmail.com and tell your representatives you do not want any new rules that will degrade our water quality.
This bill is as bad or maybe worse than the attempt to overturn water regulations last March. Now the same legislation is hidden away under a discussion of piers and boathouses. This bill still limits the authority of the DNR, gives mining companies the upper hand, and sells out Wisconsin’s legacy of progressive environmental preservation history. If the members of the legislature are really paying attention to the implications of selling off Wisconsin's water and wetlands, then it should be abundantly clear this is a rural-urban issue - not a political party issue. If the water regs are allowed to be stolen and trashed by this administration, legislature, and mining companies then a free-for-all mentality will march on Madison. Developers will want new rules, corporate farm feed lots, and paper companies will want new rules. Hunters, fishers, farmers, loggers, and others will follow suit. If the political system can't say NO now, then recall em' all and it is time for a serious discussion as to whether if it money, power, influence, greed or just stupidity that rules in the Statehouse.
September 2011 Special Session
2011 − 2012 LEGISLATURE
BILL
AN ACT to repeal 30.12 (1k) (b) 1., 30.12 (1k) (b) 2., 30.12 (1k) (b) 3., 30.12 (1k)
(c), 30.12 (1k) (d), 30.12 (3) (br), 30.123 (6) (a), 30.123 (7) (b), 30.1235, 30.19 (3r)
(b), 30.20 (1t) (b), 30.206 (1g) and 30.206 (1m); to renumber 30.123 (7) (a) and
30.19 (3r) (a); to renumber and amend 30.12 (1g) (f), 30.12 (1k) (b) (intro.),
30.12 (3) (a) 6., 30.20 (1t) (a) and 30.208 (2); to amend 30.01 (1am) (c), 30.025
(2), 30.10 (4) (a), 30.12 (1j) (c), 30.12 (1k) (cm) (intro.), 30.12 (1k) (cm) 1., 30.12
(1k) (cm) 2., 30.12 (1k) (e) 2., 30.121 (3), 30.121 (3g), 30.121 (3r), 30.18 (4) (a),
30.206 (1) (a), 30.2065 (3) (a) 1., 30.208 (3) (a), 30.208 (3) (b), 30.208 (3) (c),
30.208 (3) (e), 30.208 (4) (a), 30.208 (5) (a) (intro.), 30.208 (5) (a) 1., 30.208 (5)
(b) (intro.), 30.208 (5) (b) 4., 30.208 (5) (b) 5., 30.209 (2) (a), 30.209 (2) (b), 30.209
(2) (c), 30.209 (2) (d) (intro.), 30.2095 (1) (b), 84.01 (23), 227.01 (13) (rt), 281.344
(9) (b) 1. a., 281.346 (9) (b) 1. a., 283.39 (1) (a), 283.53 (1), 285.61 (5) (c), 285.62
(3) (c), 285.76 (2) (a), 289.25 (3), 289.31 (4) (a), 289.41 (1m) (g) 1., 291.87 (3),
291.87 (6) (a) and 292.31 (3) (f); to repeal and recreate 299.05; and to create
30.102, 30.106, 30.11 (4m), 30.12 (1h), 30.12 (3) (a) 6. c., 30.12 (3) (a) 14., 30.12
(3) (d), 30.121 (1), 30.121 (3c), 30.123 (7) (d), 30.19 (1m) (f), 30.19 (1m) (g), 30.20
(1g) (b) 3., 30.20 (1t) (a) 2., 30.20 (1t) (a) 3., 30.206 (1) (am) and (ar), 30.206 (1)
(b), 30.206 (1r), 30.206 (2b), 30.206 (2m), 30.208 (2) (d), 30.208 (3) (f), 30.208
(4m), 30.209 (2) (e), 31.12 (5), 281.41 (5), 285.63 (11), 299.06 and 299.17 of the
statutes; relating to: the issuance of, and exemptions from, certain individual
permits, contracts, and general permits for structures, deposits, and other
activities in or near navigable waters; areas of significant scientific value that
are areas of special natural resource interest; repair and maintenance of
boathouses and fixed houseboats; information required to be published on the
Department of Natural Resources Internet Web site; expedited procedures for
certain plan approvals; deadlines for action on certain approval applications;
and 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:
SECTION 1. 30.01 (1am) (c) of the statutes is amended to read:
30.01 (1am) (c) An area that possesses significant scientific value, as identified
by the department under s. 30.106.
SECTION 2. 30.025 (2) of the statutes is amended to read:
30.025 (2) HEARING. 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 or as a notice on the department’s Internet Web site. The department may give
such further notice as it deems proper, and shall give notice to persons requesting
same. 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.
SECTION 3. 30.10 (4) (a) of the statutes is amended to read:
30.10 (4) (a) This section does not impair the powers granted by law under s.
30.1235 or by other law to municipalities to construct highway bridges, arches, or
culverts over streams.
SECTION 4. 30.102 of the statutes is created to read:
30.102 Web site information. (1) NAVIGABILITY DETERMINATION AND ORDINARY
HIGH−WATER MARK IDENTIFICATION. If the department makes a determination that a
waterway is navigable or is not navigable or identifies the ordinary high−water mark
of a navigable waterway, the department shall publish that information on the
department’s Internet Web site. Any person may rely on the information posted
under this section as accurate. This section does not restrict the ability of a person
to challenge the accuracy of the information posted under this section.
SECTION 4
(2) APPLICATION STATUS. To the greatest extent possible, the department shall
publish on the department’s Internet Web site the current status of any application
filed with the department for a permit, license, or other approval under ch. 30. The
information shall include notice of any hearing scheduled by the department with
regard to the application.
SECTION 5. 30.106 of the statutes is created to read:
30.106 Areas of significant scientific value. In identifying areas that
possess significant scientific value, the department may include only the following:
(1) Specific portions of waters that contain critical habitat for endangered or
threatened species.
(2) Specific portions of waters that are immediately adjacent to an area that
contains critical habitat for endangered or threatened species and that directly affect
that habitat.
(3) Wild rice waters as identified in a written agreement between the
department and the Great Lakes Indian Fish and Wildlife Commission.
(4) Waters in ecologically significant coastal wetlands along Lakes Michigan
and Superior as identified in the most recent assessment conducted by the
department.
(5) Rivers that are included in the national wild and scenic rivers system and
rivers that are designated as wild rivers under s. 30.26.
SECTION 6. 30.11 (4m) of the statutes is created to read:
30.11 (4m) PLACEMENT OF FILL AND STRUCTURES. (a) A riparian owner may place
additional fill or a structure on the filled portion of a bed of a navigable water within
an established bulkhead line for any purpose without obtaining an approval under
this chapter if the filled portion of the bed of the navigable water was filled before
the effective date of this paragraph .... [LRB inserts date], and the filled portion was
not subject to a lease under s. 24.39 before the effective date of this paragraph ....
[LRB inserts date].
(b) If the bed, or portion of a bed, of a navigable water within an established
bulkhead line was not filled before the effective date of this paragraph .... [LRB
inserts date], a riparian owner may place fill or a structure on the bed of that
navigable water without obtaining an approval under this chapter if the riparian
owner places the fill or the structure in a portion of the bed of the navigable water
that was not subject to a lease under s. 24.39 before the effective date of this
paragraph .... [LRB inserts date], and places the fill or structure for a public purpose.
SECTION 7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.)
and amended to read:
30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following
apply:
a. It is no more than 6 feet wide, that extends.
b. It extends no further than to a point where the water is 3 feet at its maximum
depth as measured at summer low levels, or to the point where there is adequate
depth for mooring a boat or using a boat hoist or boat lift, whichever is farther from
the shoreline, and that has.
c. It has no more than 2 boat slips for the first 50 feet of the riparian owner’s
shoreline footage and no more than one additional boat slip for each additional 50
feet of the riparian owner’s shoreline footage.
2. Notwithstanding the width limitation in this paragraph subd. 1., a pier may
have an area as a loading platform that is more than 6 feet wide if the surface area
of the platform is not more than 8 feet wide, it extends perpendicular to one or both
sides of the pier, and it is located at the lakeward end of the pier or at the end of the
pier that extends into a stream does not exceed 200 square feet.
SECTION 8. 30.12 (1h) of the statutes is created to read:
30.12 (1h) PERSONAL WATERCRAFT SECURED TO PIERS ALLOWED. A riparian owner
may secure to a pier or wharf up to 2 personal watercraft for the first 50 feet of the
riparian owner’s shoreline footage and one additional personal watercraft for each
additional 50 feet of the riparian owner’s shoreline footage without affecting the
riparian owner’s eligibility for an exemption under sub. (1g) (f). For the purpose of
this subsection, “personal watercraft” has the meaning given in s. 30.50 (9d).
SECTION 9. 30.12 (1j) (c) of the statutes is amended to read:
30.12 (1j) (c) If the riparian owner or owners of a property described in par. (a)
are eligible and propose to place a pier or wharf with the number of boat slips
specified in par. (a), the riparian owner or owners shall apply to the department for
an individual permit under s. 30.208 authorizing the configuration of the pier or
wharf unless the configuration is authorized by the department under a general
permit under s. 30.206 (1g). The department may not deny the permit on the basis
of the number of slips proposed by the riparian owner or owners if the number of slips
proposed does not exceed the number allowed under par. (a). A riparian owner or
owners who apply for a permit under this paragraph shall be presumed to be entitled
to the number of slips allowed under par. (a).
SECTION 10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b)
and amended to read:
30.12 (1k) (b) In addition to the exemptions under sub. (1g), a riparian owner
of a pier or wharf that was placed on the bed of a navigable water on or before
February 6, 2004 the effective date of this paragraph .... [LRB inserts date], is exempt
from the permit requirements under this section if all of the following apply: the pier
or wharf does not interfere with the riparian rights of other riparian owners.
SECTION 11. 30.12 (1k) (b) 1. of the statutes is repealed.
SECTION 12. 30.12 (1k) (b) 2. of the statutes is repealed.
SECTION 13. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act
25, is repealed.
SECTION 14. 30.12 (1k) (c) of the statutes is repealed.
SECTION 15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
30.12 (1k) (cm) (intro.) Except as provided in par. (d), the The department may
not take any enforcement action under this chapter against a riparian owner for the
placement of any of the following:
SECTION 16. 30.12 (1k) (cm) 1. of the statutes is amended to read:
30.12 (1k) (cm) 1. A structure for which the department has issued a permit
under this section on or before February 6, 2004, if the structure is in compliance with
that permit.
SECTION 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:
30.12 (1k) (cm) 2. A structure for which the department has issued a written
authorization on or before February 6, 2004, if the structure is in compliance with
that written authorization.
SECTION 18. 30.12 (1k) (d) of the statutes is repealed.
SECTION 19. 30.12 (1k) (e) 2. of the statutes is amended to read:
30.12 (1k) (e) 2. If the exempt structure is a pier or wharf, relocate or
reconfigure the pier or wharf if the riparian owner does not enlarge the pier or wharf,
the riparian owner registered the pier or wharf with the department under par. (b)
3. and, before relocating or reconfiguring the pier or wharf, the riparian owner
registers the reconfigured or relocated pier or wharf with the department under this
subdivision.
SECTION 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
and amended to read:
30.12 (3) (a) 6. (intro.) Place a permanent boat shelter adjacent to the owner’s
property for the purpose of storing or protecting watercraft and associated materials,
except that no general or individual permit may be issued for a permanent boat
shelter that is constructed after May 3, 1988, if the any of the following apply:
a. The property on which the permanent boat shelter is to be located also
contains a boathouse within 75 feet of the ordinary high−water mark or if there.
b. There is a boathouse over navigable waters adjacent to the owner’s property.
SECTION 21. 30.12 (3) (a) 6. c. of the statutes is created to read:
30.12 (3) (a) 6. c. The permanent boat shelter extends beyond the waterward
end of the owner’s pier or the waterward side of the owner’s wharf.
SECTION 22. 30.12 (3) (a) 14. of the statutes is created to read:
30.12 (3) (a) 14. 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 and that
is adjacent to the owner’s property if the pier or wharf meets the requirements of sub.
(1g) (f).
SECTION 23. 30.12 (3) (br) of the statutes is repealed.
SECTION 24. 30.12 (3) (d) of the statutes is created to read:
30.12 (3) (d) The department may impose conditions relating to the location,
design, construction, and installation of a pier or wharf placed under the authority
of a general permit issued under par. (a) 14., but may not prohibit a riparian owner
from placing a pier or wharf that meets the requirement of the general permit.
SECTION 25. 30.121 (1) of the statutes is created to read:
30.121 (1) DEFINITION. In this section, the terms “maintain” and “repair”
include replacing structural elements, including roofs, doors, walls, windows,
beams, porches, and floors.
SECTION 26. 30.121 (3) of the statutes is amended to read:
30.121 (3) MAINTENANCE AND REPAIR. The riparian owner of any boathouse or
fixed houseboat extending beyond the ordinary high−water mark of any navigable
waterway may repair and or maintain the boathouse or fixed houseboat if the cost
of the repair or maintenance to repair or maintain the boathouse or fixed houseboat
does not exceed 50% of the equalized assessed value of the boathouse or fixed
houseboat. If the boathouse or fixed houseboat is not subject to assessment, the
owner may make repairs repair or maintain the boathouse or the fixed houseboat if
the cost of the repair or maintenance does not exceed 50% of the current fair market
value of the boathouse or fixed houseboat.
SECTION 27. 30.121 (3c) of the statutes is created to read:
30.121 (3c) EXCEPTION; CERTAIN BOATHOUSES. Subsection (3) does not apply to
repairing or maintaining a boathouse if the boathouse was in existence on December
16, 1979, and the repairing or maintaining does not affect the size, location, or
configuration of the boathouse and does not result in the boathouse being converted
into living quarters.
SECTION 28. 30.121 (3g) of the statutes is amended to read:
30.121 (3g) EXCEPTION; HISTORICAL OR CULTURAL VALUE. Subsection (3) does not
apply to the repair or maintenance of repairing or maintaining a boathouse or a fixed
houseboat if the boathouse or fixed houseboat has a historic or cultural value, as
determined by the state historical society or a local or county historical society
established under s. 44.03.
SECTION 29. 30.121 (3r) of the statutes is amended to read:
30.121 (3r) EXCEPTION; DAMAGES AFTER JANUARY 1, 1984. Subsections (2) and (3)
do not apply to the repair or reconstruction of repairing or reconstructing a damaged
boathouse if the boathouse was damaged by violent wind, vandalism or fire and if the
damage occurs after January 1, 1984.
SECTION 30. 30.123 (6) (a) of the statutes is repealed.
SECTION 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
SECTION 32. 30.123 (7) (b) of the statutes is repealed.
SECTION 33. 30.123 (7) (d) of the statutes is created to read:
30.123 (7) (d) Construct, reconstruct, and maintain bridges and culverts that
are part of a transportation project that is carried out under the direction and
supervision of a municipality.
SECTION 34. 30.1235 of the statutes is repealed.
SECTION 35. 30.18 (4) (a) of the statutes is amended to read:
30.18 (4) (a) Upon receipt of a complete application, the department shall
follow the notice and hearing procedures under s. 30.208 (3) to (5) The notice and
hearing provisions of s. 30.208 (3) to (5) shall apply to an application under sub. (3).
In addition to providing notice as required under s. 30.208 (3) to (5), the department
shall mail a copy of the notice to every person upon whose land any part of the canal
or any other structure will be located, to the clerk of the next town downstream, to
the clerk of any village or city in which the lake or stream is located and which is
adjacent to any municipality in which the withdrawal will take place and to each
person specified in s. 281.35 (5) (b) or (6) (f), if applicable.
SECTION 36. 30.19 (1m) (f) of the statutes is created to read:
30.19 (1m) (f) Any land grading activity authorized under a stormwater
discharge permit issued under s. 283.33.
SECTION 37. 30.19 (1m) (g) of the statutes is created to read:
30.19 (1m) (g) Any land grading activity authorized by a permit issued by a
county under a shoreland zoning ordinance enacted under s. 59.692.
SECTION 38. 30.19 (3r) (a) of the statutes is renumbered 30.19 (3r).
SECTION 39. 30.19 (3r) (b) of the statutes is repealed.
SECTION 40. 30.20 (1g) (b) 3. of the statutes is created to read:
30.20 (1g) (b) 3. The amount of material removed is less than 10 cubic yards,
the removal is necessary to allow access to place or remove a pier or wharf, and the
removal occurs not more than once per year.
SECTION 41. 30.20 (1t) (a) of the statutes is renumbered 30.20 (1t) (a) (intro.)
and amended to read:
30.20 (1t) (a) (intro.) The department shall issue statewide general permits
under s. 30.206 that authorize any all of the following:
1. Any person to remove material for maintenance purposes from an area from
which material has been previously removed.
SECTION 42. 30.20 (1t) (a) 2. of the statutes is created to read:
30.20 (1t) (a) 2. Any riparian owner to remove 50 cubic yards or less of material
from a lake or stream adjacent to the riparian owner’s property, by means other than
blasting, for the purpose of placing or maintaining a boatlift on a pier or wharf.
SECTION 43. 30.20 (1t) (a) 3. of the statutes is created to read:
30.20 (1t) (a) 3. Any person to annually remove not more than 500 cubic yards
of plant or animal nuisance deposits from a stream, inland lake, or outlying waters
if the plant or animal nuisance deposits impede navigation or access to the stream,
inland lake, or outlying waters.
SECTION 44. 30.20 (1t) (b) of the statutes is repealed.
SECTION 45. 30.206 (1) (a) of the statutes is amended to read:
30.206 (1) (a) The department shall issue the statewide general permits as
rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), 30.19
(3r), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3)
(a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after
February 6, 2004. The department shall submit in proposed form the rule containing
the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d)
to the legislative council staff under s. 227.15 (1) no later than August 1, 2004.
General permits issued under s. 30.206, 2001 stats., shall remain valid until the date
upon which the rules issuing these statewide general permits are promulgated
under this paragraph.
SECTION 46. 30.206 (1) (am) and (ar) of the statutes are created to read:
30.206 (1) (am) Upon compliance with the requirements under subs. (2b) and
(2m) and in addition to the general permits required under par. (a), the department
may issue a general permit authorizing an activity for which an individual permit
is issued, or a contract is entered into, under this subchapter.
(ar) A permit issued under par. (a) or (am) is in lieu of any permit or contract
that would otherwise be required for that activity under this subchapter.
SECTION 47. 30.206 (1) (b) of the statutes is created to read:
30.206 (1) (b) A general permit issued under par. (a) or (am) is valid for a period
of 5 years, and an activity that the department determines is authorized by a general
permit remains authorized under the general permit until the activity is completed
regardless of whether the general permit expired before the activity is completed.
The department may renew or modify, or revoke a general permit issued under par.
(a) or (am) upon compliance with the requirements under subs. (2b) and (2m); and
until such renewal, modification, or revocation, the general permit shall remain in
effect.
SECTION 48. 30.206 (1g) of the statutes is repealed.
SECTION 49. 30.206 (1m) of the statutes is repealed.
SECTION 50. 30.206 (1r) of the statutes is created to read:
30.206 (1r) TRANSITIONS BETWEEN PERMITS. Any general permit issued under
this subchapter that is valid on the effective date of this subsection .... [LRB inserts
date], shall remain valid until the date upon which a general permit issued under
sub. (1) (a) or (am) that authorizes the same activity becomes effective.
SECTION 51. 30.206 (2b) of the statutes is created to read:
30.206 (2b) PUBLIC NOTICE. (a) The department shall circulate to interested
and potentially interested members of the public notices of its intention to issue a
general permit under sub. (1) (a) or (am). Procedures for circulating public notices
shall include all of the following:
1. A procedure for publishing a class 1 notice under ch. 985 or publishing a
notice on the department’s Internet Web site.
2. A procedure under which a copy of the notice is provided to any person or
group upon request of the person or group.
(b) The department shall provide a period of not less than 30 days after the date
of the public notice during which time interested persons may submit their written
comments on the department’s intention to issue a general permit under sub. (1) (a)
or (am). All written comments submitted during the period for comment shall be
retained by the department and considered in the issuance of the general permit.
(c) Every notice issued by the department of the department’s intention to issue
a general permit under sub. (1) (a) or (am) shall include a description of the activities
proposed to be authorized under the general permit.
SECTION 52. 30.206 (2m) of the statutes is created to read:
30.206 (2m) PUBLIC HEARING. (a) 1. The department shall provide an
opportunity for any interested state agency or federal agency or person or group of
persons to request a public hearing with respect to the department’s intention to
issue a general permit under sub. (1) (a) or (am). Such request for a public hearing
shall be filed with the department within 30 days after the circulation of the public
notice under sub. (2b) and shall indicate the interest of the party filing the request
and the reasons why a hearing is warranted.
2. The department shall hold a public hearing upon a request under subd. 1.
if the department determines that there is a significant public interest in holding
such a hearing. Hearings held under this section are not contested cases under s.
227.01 (3).
(b) Public notice of any hearing held under this subsection shall be circulated
in accordance with the requirements under sub. (2b).
SECTION 53. 30.2065 (3) (a) 1. of the statutes is amended to read:
30.2065 (3) (a) 1. Publication of the notice as a class 1 notice under ch. 985 or
as a notice on the department’s Internet Web site.
SECTION 54. 30.208 (2) of the statutes is renumbered 30.208 (2) (a) and
amended to read:
30.208 (2) (a) Review; no additional information required. In issuing
individual permits or entering contracts under this subchapter, the department shall
initially determine whether a complete application for the permit or contract has
been submitted and, no later than review an application, and within 30 days after
the application is submitted, the department shall determine that either the
application is complete or that additional information is needed. If the department
determines that the application is complete, the department shall notify the
applicant in writing about the initial determination of completeness of that fact
within the 30−day period, and the date on which the notice under this paragraph is
sent shall be considered the date of closure for purposes of sub. (3) (a).
(b) Additional information requested. If the department determines that the
application is incomplete, the department shall notify the applicant in writing and
may make only one request for additional information during the 30−day period
specified in par. (a). Within 10 days after receiving all of the requested information
from the applicant, the department shall notify the applicant in writing as to
whether the application is complete. The date on which the 2nd notice under this
paragraph is sent shall be set as the date of closure for purposes of sub. (3) (a). The
department may request additional information from the applicant to supplement
the application, but the department may not request items of information that are
outside the scope of the original request unless the applicant and the department
both agree. A request for any such additional information may not affect the date
of closure.
(c) Specificity of notice; limits on information. Any notice stating that an
application has been determined to be incomplete or any other request for
information that is sent under par. (b) shall state the reason for the determination
or request and the specific items of information necessary to make the application
complete. An applicant may supplement and resubmit an application that the
department has determined to be incomplete. There is no limit on the number of
times that an applicant may resubmit an application that the department has
determined to be incomplete under this section. The department may not demand
items of information that are not specified in the notice as a condition for determining
whether the application is complete unless both the department and the applicant
agree or unless the applicant makes material additions or alterations to the activity
or project for which the application has been submitted. The rules promulgated
under s. 299.05 apply only to applications for individual permits or contracts under
this subchapter that the department has determined to be complete that are still
needed.
SECTION 55. 30.208 (2) (d) of the statutes is created to read:
30.208 (2) (d) Failure to meet time limits. If the department fails to meet the
30−day time limit under par. (a) or 10−day time limit under par. (b), the application
shall be considered to have a date of closure that is the last day of that 30−day or
10−day time period for purposes of sub. (3) (a).
SECTION 56. 30.208 (3) (a) of the statutes is amended to read:
30.208 (3) (a) Upon determination by the department under sub. (2), that an
application submitted under sub. (1) is complete Within 15 days after the date of
closure, as determined under sub. (2) (a) or (b), the department shall provide notice
of complete pending application to interested and potentially interested members of
the public, as determined by the department. The department shall provide the
notice within 15 days after the determination that the application is complete. If the
applicant has requested a public hearing as part of the submitted application, a
notice of public hearing shall be part of the notice of complete pending application.
SECTION 57. 30.208 (3) (b) of the statutes is amended to read:
30.208 (3) (b) If the notice of complete pending application does not contain a
notice of public hearing, any person may request a public hearing in writing or the
department may decide to hold a public hearing with or without a request being
submitted if the department determines that there is a significant public interest in
holding a hearing.
SECTION 58. 30.208 (3) (c) of the statutes is amended to read:
30.208 (3) (c) A request for a public hearing under par. (b) must be submitted
to the department or the department’s decision to hold a public hearing must occur
within 30 20 days after the department completes providing provides the notice of
complete pending application. The department shall provide notice of public hearing
within 15 days after the request for public hearing is submitted or the department
makes its determination decision to hold a public hearing.
SECTION 59. 30.208 (3) (e) of the statutes is amended to read:
30.208 (3) (e) Within 30 20 days after the public hearing is held period for public
comment under sub. (4) (b) has ended or if no public hearing is held, within 30 days
of the 30−day comment period under sub. (4) (a), the department shall render a
decision, issuing, denying, or modifying the permit or approving or disapproving the
contract that is the subject of the application submitted under sub. (1).
SECTION 60. 30.208 (3) (f) of the statutes is created to read:
30.208 (3) (f) If the department fails to comply with the time periods under par.
(e), a decision issuing the permit, modifying the permit, or approving the contract
shall be considered to be rendered. The permit that is issued or is modified, or the
contract that is approved, shall authorize the activity as proposed by the applicant,
but the department may impose terms and conditions on the permit or contract that
are consistent with the applicant’s basic proposal.
SECTION 61. 30.208 (4) (a) of the statutes is amended to read:
30.208 (4) (a) The department shall provide a period for public comment after
the department has provided a notice of complete pending application under sub. (3)
(a), during which time any person may submit written comments with respect to the
application for the permit or contract. The department shall retain all of the written
comments submitted during this period and shall consider all of the comments in the
formulation of the final decision on the application. The period for public comment
shall end on the 30th day following the date on which the department completes
providing the notice of complete pending application, except as provided in par. (b).
SECTION 62. 30.208 (4m) of the statutes is created to read:
30.208 (4m) DENIALS. If a decision is issued by the department under this
section that denies a permit or a modification of a permit or disapproves a contract,
the notice of denial or disapproval shall set forth the specific reasons as to how the
applicable provisions of this subchapter were not met. The notice of denial or
disapproval may not be based on a determination that the application for the permit
or contract was incomplete.
SECTION 63. 30.208 (5) (a) (intro.) of the statutes is amended to read:
30.208 (5) (a) (intro.) The department shall, by rule, establish procedures for
providing notices of complete pending applications and notices of public hearings to
be provided under sub. (3), and notices of administrative hearings to be provided
under s. 30.209 (1m). The procedures shall require all of the following:
SECTION 64. 30.208 (5) (a) 1. of the statutes is amended to read:
30.208 (5) (a) 1. That the notice be published as a class 1 notice under ch. 985
or as a notice on the department’s Internet Web site.
SECTION 65. 30.208 (5) (b) (intro.) of the statutes is amended to read:
30.208 (5) (b) (intro.) The department shall, by rule, prescribe the form and
content of notices of complete pending applications and notices of public hearings to
be provided under sub. (3), and notices of administrative hearings to be provided
under s. 30.209 (1m). Each notice shall include all of the following information:
SECTION 66. 30.208 (5) (b) 4. of the statutes is amended to read:
30.208 (5) (b) 4. For a notice of complete pending application and a notice of
public hearing under sub. (3), a statement of the tentative determination to issue,
modify, or deny a permit for the activity or project described in the application.
SECTION 67. 30.208 (5) (b) 5. of the statutes is amended to read:
30.208 (5) (b) 5. For a notice of complete pending application and a notice of
public hearing under sub. (3), a brief description of the procedures for the
formulation of final determinations, including a description of the comment period
required under sub. (4).
SECTION 68. 30.209 (2) (a) of the statutes is amended to read:
30.209 (2) (a) An administrative hearing under this subsection section shall be
treated as a contested case under ch. 227.
SECTION 69. 30.209 (2) (b) of the statutes is amended to read:
30.209 (2) (b) If a stay under sub. (1m) (c) is in effect, the hearing examiner
shall, within 30 days after receipt of the referral under sub. (1m) (g), determine
whether continuation of the stay is necessary to prevent significant adverse impacts
or irreversible harm to the environment pending completion of the administrative
hearing. The hearing examiner shall make the determination based on the request
under sub. (1m) (c), any response from the applicant under sub. (1m) (e), and any
testimony at a public hearing or any public comments. The determination shall be
made without a hearing.
SECTION 70. 30.209 (2) (c) of the statutes is amended to read:
30.209 (2) (c) A An administrative hearing under this section shall be
completed within 90 days after receipt of the referral of the petition under sub. (1m)
(g), unless all parties agree to an extension of that period. In addition, a hearing
examiner may grant a one−time extension for the completion of the hearing of up to
60 days on the motion of any party and a showing of good cause demonstrating
extraordinary circumstances justifying an extension.
SECTION 71. 30.209 (2) (d) (intro.) of the statutes is amended to read:
30.209 (2) (d) (intro.) Notwithstanding s. 227.44 (1), the department shall
provide a notice of the administrative hearing at least 30 days before the date of the
hearing to all of the following:
SECTION 72. 30.209 (2) (e) of the statutes is created to read:
30.209 (2) (e) In an administrative hearing under this section, the petitioner
shall proceed first with the presentation of evidence and shall have the burden of
proof.
SECTION 73. 30.2095 (1) (b) of the statutes is amended to read:
30.2095 (1) (b) The department may specify a time limit of less than 3 years
for a an individual permit or contract issued under ss. 30.01 to 30.29. For good cause,
the The department may shall extend the time limit for a an individual permit or
contract issued under ss. 30.01 to 30.29 for no longer than 2 an additional 5 years if
the grantee requests an extension prior to expiration of the initial time limit.
SECTION 74. 31.12 (5) of the statutes is created to read:
31.12 (5) The department shall establish an expedited procedure for approval
of plans for low hazard dams, as defined in s. 31.19 (1g) (b), under this section. The
expedited procedure shall apply, in lieu of the procedure under this section, if all of
the following are satisfied:
(a) The plan design is of a common construction and size or is for a minor
addition to an existing dam.
(b) The plan design is submitted by a registered professional engineer.
(c) The plan design is submitted by a person who has designed similar dams
and none of those similar dams has caused adverse impacts to the environment.
(d) The plan design contains no unusual siting requirements or other unique
design features.
(e) The plan design is for a dam that is located entirely on land that the permit
grantee owns or that is located entirely on land for which the permit grantee has
acquired an easement.
SECTION 75. 84.01 (23) of the statutes is amended to read:
84.01 (23) BRIDGE STANDARDS. The department shall adopt standards and
specifications for the design and construction of county, town, village, and city
bridges, arches or culverts. The standards and specifications shall be developed after
consultation with the department of natural resources, and shall be directed at
preventing undue impairment of public rights in navigable waters. All highway
bridges, arches, and culverts constructed or reconstructed by a county, town, village,
or city shall be done in accordance with these standards and specifications.
SECTION 76. 227.01 (13) (rt) of the statutes is amended to read:
227.01 (13) (rt) Is a general permit issued under s. 30.206 or 30.2065.
SECTION 77. 281.344 (9) (b) 1. a. of the statutes is amended to read:
281.344 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985
or as a notice on its Internet Web site.
SECTION 78. 281.346 (9) (b) 1. a. of the statutes is amended to read:
281.346 (9) (b) 1. a. Publication of the notice as a class 1 notice under ch. 985
or as a notice on its Internet Web site.
SECTION 79. 281.41 (5) of the statutes is created to read:
281.41 (5) The department shall establish an expedited procedure for approval
of plans under this section. The expedited procedure shall apply, in lieu of the
procedure under sub. (1) (b) if all of the following are satisfied:
(a) The plan design is of a common construction and size or is for a minor
addition to an existing facility.
(b) The plan design is submitted by a registered professional engineer.
(c) The plan design is submitted by a person who has designed similar facilities
and none of those similar facilities has caused adverse impacts to the environment.
(d) The plan design contains no unusual siting requirements or other unique
design features.
SECTION 80. 283.39 (1) (a) of the statutes is amended to read:
283.39 (1) (a) Publication of the notice as a class 1 notice under ch. 985 or as
a notice on its Internet Web site;
SECTION 81. 283.53 (1) of the statutes is amended to read:
283.53 (1) No permit issued by the department under s. 283.31 or 283.33 shall
have a an initial term for more than 5 years. Upon the request of a permit holder,
the department may renew the permit. There is a no limit on the number of times
that a permit may be renewed.
SECTION 82. 285.61 (5) (c) of the statutes is amended to read:
285.61 (5) (c) Newspaper notice. The department shall publish a class 1 notice
under ch. 985, or shall publish notice on its Internet Web site, announcing the
opportunity for written public comment and the opportunity to request a public
hearing on the analysis and preliminary determination.
SECTION 83. 285.62 (3) (c) of the statutes is amended to read:
285.62 (3) (c) The department shall publish the notice prepared under par. (a)
as a class 1 notice under ch. 985 in a newspaper published in the area that may be
affected by emissions from the stationary source, or shall publish the notice on its
Internet Web site.
SECTION 84. 285.63 (11) of the statutes is created to read:
285.63 (11) MODELING. The department is not required to use air dispersion
modeling as a basis for making its findings under subs. (1) to (3).
SECTION 85. 285.76 (2) (a) of the statutes is amended to read:
285.76 (2) (a) Publish a class 1 notice, under ch. 985, of the proposed
redesignation and request for consultation with the state in a newspaper of general
circulation in the area that would be affected by the redesignation, as determined
using standards established by the federal environmental protection agency, or
publish a notice on the department’s Internet Web site; and publish a class 1 notice,
under ch. 985, in the official state newspaper; and provide a written statement
concerning the proposed redesignation to those newspapers each newspaper in
which it publishes a class 1 notice under this subsection.
SECTION 86. 289.25 (3) of the statutes is amended to read:
289.25 (3) NOTIFICATION ON FEASIBILITY REPORT AND PRELIMINARY ENVIRONMENTAL
IMPACT STATEMENT DECISIONS. Immediately after the department issues a preliminary
determination that an environmental impact statement is not required or, if it is
required, immediately after the department issues the environmental impact
statement, the department shall publish a class 1 notice under ch. 985 in the official
newspaper designated under s. 985.04 or 985.05 or, if none exists, in a newspaper
likely to give notice in the area of the proposed facility, or shall publish a notice on
its Internet Web site. The notice shall include a statement that the feasibility report
and the environmental impact statement process are complete. The notice shall
invite the submission of written comments by any person within 30 days after the
notice for a solid waste disposal facility or within 45 days after the notice for a
hazardous waste facility is published. The notice shall describe the methods by
which a hearing may be requested under ss. 289.26 (1) and 289.27 (1). The
department shall distribute copies of the notice to the persons specified under s.
289.32.
SECTION 87. 289.31 (4) (a) of the statutes is amended to read:
289.31 (4) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely
to give notice in the area where the facility is located or publishing a notice on its
Internet Web site.
SECTION 88. 289.41 (1m) (g) 1. of the statutes is amended to read:
289.41 (1m) (g) 1. The owner of an approved mining facility may apply, at any
time at least 40 years after the closing of the facility, to the department for
termination of the owner’s obligation to maintain proof of financial responsibility for
long−term care of the facility. Upon receipt of an application under this subdivision,
the department shall publish a class 1 notice under ch. 985 in the official newspaper
designated under s. 985.04 or 985.05 or, if none exists, in a newspaper likely to give
notice in the area of the facility, or shall publish a notice on its Internet Web site. The
notice shall include a statement that the owner has applied to terminate the owner’s
obligation to maintain proof of financial responsibility for the long−term care of the
facility. The notice shall invite the submission of written comments by any person
within 30 days after the notice is published. The notice shall describe the methods
by which a hearing may be requested under subds. 2. and 3. The department shall
distribute a copy of the notice to the owner of the facility. In any hearing on the
matter, the burden is on the owner to prove by a preponderance of the evidence that
continuation of the requirement to provide proof of financial responsibility for
long−term care is not necessary for adequate protection of human health or the
environment. Within 120 days after the publication of the notice or within 60 days
after any hearing is adjourned, whichever is later, the department shall determine
whether proof of financial responsibility for long−term care of the facility continues
to be required. A determination that proof of financial responsibility for long−term
care is no longer required terminates the owner’s obligation to maintain proof of
financial responsibility for long−term care. The owner may not submit another
application under this subdivision until at least 5 years after the previous
application has been rejected by the department.
SECTION 89. 291.87 (3) of the statutes is amended to read:
291.87 (3) If the licensee requests a hearing within 45 days after receiving the
notice under sub. (2), the department shall schedule a hearing and give notice of the
hearing by publishing a class 1 notice, under ch. 985, or by publishing a notice on its
Internet Web site, at least 45 days prior to the date scheduled for the hearing. If the
licensee requests a contested case hearing and if the conditions specified under s.
227.42 (1) (a) to (d) are satisfied, the department shall conduct the hearing as a
contested case; otherwise, the department shall conduct the hearing as an
informational hearing. There is no statutory right to any hearing concerning the
denial, suspension or revocation of a license for the reasons stated under sub. (1m)
(b) to (f) except as provided under this subsection.
SECTION 90. 291.87 (6) (a) of the statutes is amended to read:
291.87 (6) (a) Publishing a class 1 notice, under ch. 985, in a newspaper likely
to give notice in the area where the facility is located or publishing a notice on its
Internet Web site.
SECTION 91. 292.31 (3) (f) of the statutes is amended to read:
292.31 (3) (f) Notice; hearing. The department shall publish a class 1 notice,
under ch. 985 or shall publish a notice on its Internet Web site, prior to taking
remedial action under this subsection and subs. (1) and (7), which describes the
proposed remedial action and the amount and purpose of any proposed expenditure.
Except as provided under par. (d), the department shall provide a hearing to any
person who demands a hearing within 30 days after the notice is published for the
purpose of determining whether the proposed remedial action and any expenditure
is within the scope of this section and is reasonable in relation to the cost of obtaining
similar materials and services. The department is not required to conduct more than
one hearing for the remedial action proposed at a single site or facility.
Notwithstanding s. 227.42, the hearing shall not be conducted as a contested case.
The decision of the department to take remedial action under this section is a final
decision of the agency subject to judicial review under ch. 227.
SECTION 92. 299.05 of the statutes is repealed and recreated to read:
299.05 Deadlines for action on certain applications. (1) DEFINITION. In
this section, “approval” means a license, registration, or certification specified in sub.
(2).
(2) DEADLINES. The department, by rule, shall establish periods within which
the department intends to approve or disapprove an application for any of the
following:
1. A well driller or pump installer registration under s. 280.15.
2. A water system or septage servicing vehicle operator certification under s.
281.17 (3).
3. A license for servicing septic tanks and similar facilities under s. 281.48 (3).
4. A solid waste incinerator operator certification under s. 285.51 (2).
5. A laboratory certification or registration under s. 299.11.
(b) The department shall approve or disapprove an application for any of the
following within 30 days from the date on which the department receives the
application:
1. A solid waste disposal facility operator certification under s. 289.42 (1).
2. A hazardous waste transportation license under s. 291.23.
3. A medical waste transportation license under s. 299.51 (3) (c).
(c) The department shall approve or disapprove an application for an oil or gas
exploration license under s. 295.33 (1) within 60 days from the date on which the
department receives the application.
(2m) FAILURE TO MEET DEADLINE. (a) Subject to sub. (4), the department shall
refund fees paid by the applicant for an approval if the department fails to provide
the applicant with written notice that the department has approved or disapproved
the application for the approval, including the specific facts upon which any
disapproval is based, before the expiration of the period established under sub. (2)
for the approval.
(b) Subject to sub. (4), if the department fails to provide the applicant for an
approval with written notice that the department has approved or disapproved the
application before the expiration of the period established under sub. (2) for the
approval, the applicant may choose to proceed under ch. 227 as though the
department had disapproved the application by providing the department with
written notice of that choice no later than 45 days after the expiration of the period
established under sub. (2).
(c) The department may not disapprove an application for an approval solely
because the department is unable to complete its review of the application within the
period established under sub. (2).
(3) NOTICE OF DEADLINE. Upon receiving an application for an approval, the
department shall inform the applicant of the period established under sub. (2) for the
license or other approval.
(4) PERMITTED EXTENSION OF DEADLINE. The department may extend the period
established under sub. (2) because an application is incomplete if all of the following
apply:
(a) Within 14 days after receiving the application, the department provides
written notice to the applicant describing specifically the information that must be
provided to complete the application.
(b) The information under par. (a) is directly related to eligibility for the license
or other approval or to terms or conditions of the license or other approval.
(c) The information under par. (a) is necessary to determine whether to approve
the application or is necessary to determine the terms or conditions of the license or
other approval.
(d) The extension is not longer than the period equal to the number of days from
the day on which the department provides the notice under par. (a) to the day on
which the department receives the information.
SECTION 93. 299.06 of the statutes is created to read:
299.06 Automatic approval of certain applications. (1) DEFINITION. In
this section, “approval” means a permit, license, or approval specified in sub. (1m).
(1m) DEADLINES. The department, by rule, shall establish periods within which
the department intends to approve or disapprove an application for any of the
following:
(a) A high−capacity well approval under s. 281.34 (2).
(b) A prospecting permit under s. 293.45.
(c) An oil or gas production license under s. 295.33 (2).
(2) FAILURE TO MEET DEADLINE. (a) Subject to subs. (4) (b) and (5), failure by the
department to provide the applicant for an approval with written notice that the
department has approved or disapproved the application for the approval, including
the specific facts upon which any disapproval is based, before the expiration of the
period established under sub. (1m) for the approval constitutes approval of the
application. An approval approved under this paragraph is subject to any terms or
conditions specified by statute or rule for the approval and the department may
suspend, limit, revoke, or withdraw the approval for substantial failure to comply
with those terms or conditions. The department may not make the approval subject
to any term or condition that is not specified by statute or rule. Within 30 days after
the expiration of the period established under sub. (1m) for the approval, the
department shall provide the applicant with a statement showing that the approval
is approved and specifying any terms and conditions that apply to that approval.
(b) The department may not disapprove an application for an approval solely
because the department is unable to complete its review of the application within the
period established under sub. (1m).
(3) NOTICE OF DEADLINE. Upon receiving an application for an approval the
department shall inform the applicant of the period established under sub. (1m) for
the approval.
(4) OPTIONAL PROVISIONS OF RULES. The department may include any of the
following in the rules required under sub. (1m):
(a) A longer period under sub. (1m) for an application for an approval for which
an environmental impact statement is required under s. 1.11 than for other
applications.
(b) Extensions of the period established under sub. (1m) because the applicant
makes a material modification to the application if the department notifies the
applicant in writing of the extension within 30 days after the applicant makes the
modification.
(c) Deadlines for the department to complete intermediate steps in the process
of completing its review of an application.
(5) EXTENSIONS AUTHORIZED. (a) During the period established under sub. (1m),
the department and the applicant may jointly agree to a different period for acting
on an application for an approval. The department may not require an applicant to
agree to a different period as a condition of approving an application.
(b) The department may extend a period established under sub. (1m) (a) to (c)
because an application is incomplete if all of the following apply:
1. Within 14 days after receiving the application, the department provides
written notice to the applicant describing specifically the information that must be
provided to complete the application.
2. The information under subd. 1. is directly related to eligibility for the
approval or to terms or conditions of the approval.
3. The information under subd. 1. is necessary to determine whether to approve
the application or is necessary to determine the terms or conditions of the approval.
4. The extension is not longer than the period equal to the number of days from
the day on which the department provides the notice under subd. 1. to the day on
which the department receives the information.
(c) The department may extend a period established under sub. (1m) (a) to (c)
for an application by not more than 30 days if, within the period established under
sub. (1m) (a) to (c), the department finds that there is a substantial likelihood that
the activity proposed to be conducted under the application would result in
substantial harm to human health or human safety and that the department cannot
adequately review the application within the period established under sub. (1m) (a)
to (c) and, upon making those findings, provides written notice to the applicant that
states with particularity the facts on which those findings are based.
SECTION 94. 299.17 of the statutes is created to read:
299.17 Web site information. To the greatest extent possible, the
department shall publish on the department’s Internet Web site the current status
of any application filed with the department for a permit, license, or other approval
under chs. 281 to 285 or 289 to 299. The information shall include notice of any
hearing scheduled by the department with regard to the application.
SECTION 95.0Initial applicability.
(1) The treatment of section 30.18 (4) (a), 30.208 (3) (a), (b), (c), (e), and (f), (4)
(a), (4m), and (5) (a) (intro.) and (b) (intro.), 4., and 5. of the statutes, the renumbering
and amendment of section 30.208 (2) of the statutes, and the creation of section
30.208 (2) (d) of the statutes first apply to applications for individual permits or
contracts that are submitted on the effective date of this subsection.
(2) The treatment of section 30.209 (2) (e) of the statutes first applies to
administrative hearings that are commenced on the effective date of this subsection.
SECTION 96.0Effective date.
(1) This act takes effect on first day of the 4th month beginning after
publication.
(END)