30.19(1b)(b)

(b) “Bank” means either of the following:

30.19(1b)(c)3.

3. A lake that is less than 50 acres in size.

30.19(1d)(a)1.

1. For priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

30.19(1m)(a)

(a) The construction or repair of any public highway.

30.19(1m)(cm)

(cm) Any activity that affects a portion of Lake Michigan or of Lake Superior that is located within a county having a population of 750,000 or more.

30.19(4)(c)3.

3. Any enlargement connected to a navigable waterway complies with all of the laws relating to platting of land and sanitation.

30.19(1d)

(1d) Rules; banks of navigable waterways.

30.19(1d)(a)

(a) The department shall promulgate a rule to determine what constitutes a bank for purposes of this section in accordance with all of the following:

30.19(1g)(a)

(a) Construct, dredge, or enlarge any artificial water body that connects with a navigable waterway.

30.19(1g)(c)

(c) Grade or remove topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet.

30.19(1m)

(1m) Exemptions. A person is exempt from the permit requirements under this section for any of the following:

30.19(1m)(b)

(b) Any agricultural use of land.

30.19(1m)(c)

(c) An activity that affects a navigable inland lake that is located wholly or partly in any county having a population of 750,000 or more.

30.19(1m)(d)

(d) Any activity that affects a portion of a navigable stream that is located within a county having a population of 750,000 or more.

30.19(3r)

(3r) General permits.

30.19(4)

(4) Individual Permits.

30.19(4)(c)1.

1. The activity will not be detrimental to the public interest.

30.19

30.19 Enlargement and protection of waterways.

30.19(1b)

(1b) Definition. In this section:

30.19(1b)(a)

(a) “Artificial water body” means a proposed or existing body of water that does not have a history of being a lake or stream or of being part of a lake or stream.

30.19(1b)(b)1.b.

b. The portion of land surface extending landward from the ordinary high-water mark of any navigable waterway to the point where the slope is less than 12 percent.

30.19(1b)(b)2.

2. A bank as determined by the department by rule under sub. (1d).

30.19(1b)(b)1.

1. Land area that is, in size, the greater of the following:

30.19(1b)(b)1.a.

a. The portion of land surface that extends 75 feet landward from the ordinary high-water mark of any navigable waterway.

30.19(1b)(c)

(c) “Priority navigable waterway” means any of the following:

30.19(1b)(c)2.

2. A navigable waterway, or a portion of a navigable waterway, identified as a trout stream.

30.19(1b)(c)1.

1. A navigable waterway, or a portion of a navigable waterway, that is identified as an outstanding or exceptional resource water under § 281.15.

30.19(1b)(c)4.

4. Any other navigable waterway, or portion of a navigable waterway, that the department has determined, by rule, contains sensitive fish and aquatic habitat and that the department has specifically identified by rule.

30.19(1c)

(1c) Definition; applicability. The definition of “bank” under sub. (1b) does not apply after the 90th day after the day the rule under sub. (1d) is submitted to legislative council staff under § 227.15 (1) or the day that the rule promulgated under sub. (1d) goes into effect, whichever is earlier.

30.19(1d)(a)1.a.

a. The portion of land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 300 feet.

30.19(1d)(a)1.b.

b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 10 percent.

30.19(1d)(a)1m.

1m. The rule promulgated under subd. 1. may apply to specific priority navigable waterways or to classes of priority navigable waterways.

30.19(1d)(a)2.

2. For navigable waterways that are not priority navigable waterways, the department shall promulgate a rule stating that a bank is, in size, the greater of the following:

30.19(1d)(a)2.a.

a. The portion of the land surface that extends a certain distance landward from the ordinary high-water mark of the navigable waterway, but the distance under the rule may not exceed 75 feet.

30.19(1d)(a)2.b.

b. The portion of land surface that extends landward from the ordinary high-water mark of the navigable waterway to the point where the slope is measured to be a certain percentage, but the percentage under the rule may not be less than 12 percent.

30.19(1d)(a)2m.

2m. The rule promulgated under subd. 2. may apply to specific navigable waterways or to classes of navigable waterways.

30.19(1d)(am)

(am) The rule under this subsection may not require or allow the department to deviate from, or create an exemption from, the requirements of the rules promulgated under this section in determining what constitutes a bank at an individual, specific site.

30.19(1d)(b)

(b) In promulgating the rule under this subsection, the determination under this subsection of what constitutes a bank may not include any land where the slope or drainage of the land into the navigable waterway is completely interrupted.

30.19(1d)(c)

(c) To the extent practicable, the rule under this subsection shall be consistent with rules promulgated by the department that relate to shorelands, as defined in § 59.692 (1)(b), and floodplains, and rules promulgated under § 281.16 (2) that relate to protective areas for wetlands and waterways.

30.19(1d)(d)

(d) In promulgating the rule under this subsection, the department shall consider public rights and interests for the purpose of furthering the public trust in navigable waters.

30.19(1g)

(1g) Permits required. Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may do any of the following:

30.19(1g)(am)

(am) Construct, dredge, or enlarge any part of an artificial water body that is located within 500 feet of the ordinary high-water mark of an existing navigable waterway, including a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

30.19(1m)(e)

(e) Any work required to maintain the original dimensions of an enlargement of an artificial water body done pursuant to a permit or legislative authorization under sub. (1g) (a) or (am).

30.19(3r)(a)

(a) The department shall issue statewide general permits under § 30.206 that authorize persons to do all of the following:

30.19(3r)(a)1.

1. Engage in an activity specified in sub. (1g) (am) substantially in accordance with best management practices required for storm water discharge permits under ch. 283.

30.19(3r)(a)2.

2. Engage in an activity specified in sub. (1g) (c).

30.19(3r)(b)

(b) The department may promulgate rules that specify other types of activities, in addition to those listed in par. (a), that may be authorized by statewide general permits.

30.19(4)(a)

(a) For activities that are not exempt under sub. (1m) and that are not subject to a general permit under sub. (3r), a person may apply to the department for an individual permit in order to engage in an activity for which a permit is required under sub. (1g).

30.19(4)(b)

(b) The notice and hearing provisions of § 30.208 (3) to (5) apply to an application under para. (a).

30.19(4)(c)

(c) The department shall issue an individual permit pursuant to an application under para. (a) if the department finds that all of the following apply:

30.19(4)(c)2.

2. The activity will not cause environmental pollution, as defined in § 299.01 (4).

30.19(4)(c)4.

4. No material injury will result to the riparian rights of any riparian owners of real property that abuts any water body that is affected by the activity.

30.19(5)

(5) Requirement for public access. A permit issued under this section to construct an artificial water body and to connect it to a navigable waterway shall require that the navigable portion of the artificial water body be a public waterway if the connecting portion is navigable. The department may impose such further conditions in the permit on public access as it finds reasonably necessary to protect public health, safety, welfare, rights and interest and to protect private rights and property.