LRB-1236/1
MGG:cjs:jf
2011 - 2012 LEGISLATURE
March 8, 2011 - Introduced by Representatives Kestell, Bies, LeMahieu, Mursau,
Ziegelbauer
and Petrowski, cosponsored by Senator Leibham. Referred to
Committee on Natural Resources.
AB43,1,2 1An Act to amend 31.187 (1) and 31.253 (1) of the statutes; relating to: removal
2of abandoned dams.
Analysis by the Legislative Reference Bureau
Current law sets forth two procedures that the Department of Natural
Resources (DNR) must follow before DNR has a dam removed from a waterway. For
an abandoned dam, DNR must give 60 days' written notice to the dam's owner, if the
owner can be found. If not, DNR must publish a public notice three times in the
county in which the dam is located.
Also for the removal of any dam by DNR, whether the dam is abandoned or not,
DNR must hold a public informational hearing or publish a class 2 notice stating that
DNR will remove the dam without a hearing unless one is requested in writing
within 30 days.
This bill requires that, prior to beginning any of these procedures, DNR
consider the results the dam removal will have on the safety, health, and welfare of
the persons who will be affected by the removal.
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:
AB43, s. 1 3Section 1. 31.187 (1) of the statutes is amended to read:
AB43,2,8
131.187 (1) The department may remove or cause to be removed, in such manner
2as it deems considers fit, old and abandoned dams in streams in this state, upon
3giving
after the department considers the results the removal will have on the safety,
4health, and welfare of the persons who will be affected by the removal. Before
5beginning the removal, the department shall give
60 days' notice in writing to the
6owner thereof, if the owner can be found. If the owner of the dam is unknown or
7cannot, by due diligence, be found, the department shall publish a class 3 notice,
8under ch. 985, in the county in which the dam is situated.
AB43, s. 2 9Section 2. 31.253 (1) of the statutes is amended to read:
AB43,2,1810 31.253 (1) Opportunity for hearing prior to department action. Except as
11provided under sub. (4), prior to seeking or causing the removal of a dam under this
12chapter, the department shall consider the results the removal will have on the
13safety, health, and welfare of the persons who will be affected by the removal and

14shall hold a public informational hearing on the proposed removal or publish a class
152 notice under ch. 985 stating that it will seek or cause the removal of the dam
16without holding a public informational hearing unless a hearing is requested in
17writing within 30 days after the last publication of the notice. The department may
18hold further hearings or give further notice as it deems appropriate.
AB43,2,1919 (End)
Loading...
Loading...