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:
SB326, s. 1 1Section 1. 30.01 (1am) (c) of the statutes is amended to read:
SB326,8,2
130.01 (1am) (c) An area that possesses significant scientific value, as identified
2by the department under s. 30.106.
SB326, s. 2 3Section 2. 30.025 (2) of the statutes is amended to read:
SB326,8,134 30.025 (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.
SB326, s. 3 14Section 3. 30.10 (4) (a) of the statutes is amended to read:
SB326,8,1715 30.10 (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.
SB326, s. 4 18Section 4. 30.102 of the statutes is created to read:
SB326,8,25 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.
SB326,9,5
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.
SB326, s. 5 6Section 5. 30.106 of the statutes is created to read:
SB326,9,8 730.106 Areas of significant scientific value. In identifying areas that
8possess significant scientific value, the department may include only the following:
SB326,9,10 9(1) Specific portions of waters that contain critical habitat for endangered or
10threatened species.
SB326,9,13 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.
SB326,9,15 14(3) Wild rice waters as identified in a written agreement between the
15department and the Great Lakes Indian Fish and Wildlife Commission.
SB326,9,18 16(4) Waters in ecologically significant coastal wetlands along Lakes Michigan
17and Superior as identified in the most recent assessment conducted by the
18department.
SB326,9,20 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.
SB326, s. 6 21Section 6. 30.11 (4m) of the statutes is created to read:
SB326,9,2522 30.11 (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].
SB326,10,104 (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.
SB326, s. 7 11Section 7. 30.12 (1g) (f) of the statutes is renumbered 30.12 (1g) (f) 1. (intro.)
12and amended to read:
SB326,10,1413 30.12 (1g) (f) 1. (intro.) A pier or wharf that is no to which all of the following
14apply:
SB326,10,15 15a. It is no more than 6 feet wide, that extends.
SB326,10,19 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.
SB326,10,22 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.
SB326,11,2 232. 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.
SB326, s. 8 3Section 8. 30.12 (1h) of the statutes is created to read:
SB326,11,94 30.12 (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).
SB326, s. 9 10Section 9. 30.12 (1j) (c) of the statutes is amended to read:
SB326,11,2011 30.12 (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).
SB326, s. 10 21Section 10. 30.12 (1k) (b) (intro.) of the statutes is renumbered 30.12 (1k) (b)
22and amended to read:
SB326,12,223 30.12 (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.
SB326, s. 11 3Section 11. 30.12 (1k) (b) 1. of the statutes is repealed.
SB326, s. 12 4Section 12. 30.12 (1k) (b) 2. of the statutes is repealed.
SB326, s. 13 5Section 13. 30.12 (1k) (b) 3. of the statutes, as affected by 2011 Wisconsin Act
625
, is repealed.
SB326, s. 14 7Section 14. 30.12 (1k) (c) of the statutes is repealed.
SB326, s. 15 8Section 15. 30.12 (1k) (cm) (intro.) of the statutes is amended to read:
SB326,12,119 30.12 (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:
SB326, s. 16 12Section 16. 30.12 (1k) (cm) 1. of the statutes is amended to read:
SB326,12,1513 30.12 (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.
SB326, s. 17 16Section 17. 30.12 (1k) (cm) 2. of the statutes is amended to read:
SB326,12,1917 30.12 (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.
SB326, s. 18 20Section 18. 30.12 (1k) (d) of the statutes is repealed.
SB326, s. 19 21Section 19. 30.12 (1k) (e) 2. of the statutes is amended to read:
SB326,13,222 30.12 (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
.
SB326, s. 20 3Section 20. 30.12 (3) (a) 6. of the statutes is renumbered 30.12 (3) (a) 6. (intro.)
4and amended to read:
SB326,13,85 30.12 (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:
SB326,13,10 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.
SB326,13,11 11b. There is a boathouse over navigable waters adjacent to the owner's property.
SB326, s. 21 12Section 21. 30.12 (3) (a) 6. c. of the statutes is created to read:
SB326,13,1413 30.12 (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.
SB326, s. 22 15Section 22. 30.12 (3) (a) 14. of the statutes is created to read:
SB326,13,1916 30.12 (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).
SB326, s. 23 20Section 23. 30.12 (3) (br) of the statutes is repealed.
SB326, s. 24 21Section 24. 30.12 (3) (d) of the statutes is created to read:
SB326,13,2522 30.12 (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.
SB326, s. 25
1Section 25. 30.121 (1) of the statutes is created to read:
SB326,14,42 30.121 (1) Definition. In this section, the terms "maintain" and "repair"
3include replacing structural elements, including roofs, doors, walls, windows,
4beams, porches, and floors.
SB326, s. 26 5Section 26. 30.121 (3) of the statutes is amended to read:
SB326,14,146 30.121 (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.
SB326, s. 27 15Section 27. 30.121 (3c) of the statutes is created to read:
SB326,14,2016 30.121 (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.
SB326, s. 28 21Section 28. 30.121 (3g) of the statutes is amended to read:
SB326,15,222 30.121 (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.
SB326, s. 29 3Section 29. 30.121 (3r) of the statutes is amended to read:
SB326,15,74 30.121 (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.
SB326, s. 30 8Section 30. 30.123 (6) (a) of the statutes is repealed.
SB326, s. 31 9Section 31. 30.123 (7) (a) of the statutes is renumbered 30.123 (7).
SB326, s. 32 10Section 32. 30.123 (7) (b) of the statutes is repealed.
SB326, s. 33 11Section 33. 30.123 (7) (d) of the statutes is created to read:
SB326,15,1412 30.123 (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.
SB326, s. 34 15Section 34. 30.1235 of the statutes is repealed.
SB326, s. 35 16Section 35. 30.18 (4) (a) of the statutes is amended to read:
SB326,15,2517 30.18 (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.
SB326, s. 36
1Section 36. 30.19 (1m) (f) of the statutes is created to read:
SB326,16,32 30.19 (1m) (f) Any land grading activity authorized under a stormwater
3discharge permit issued under s. 283.33.
SB326, s. 37 4Section 37. 30.19 (1m) (g) of the statutes is created to read:
SB326,16,65 30.19 (1m) (g) Any land grading activity authorized by a permit issued by a
6county under a shoreland zoning ordinance enacted under s. 59.692.
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