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30.206

30.206 General permits.

30.206(1)

(1) Procedure for issuing general permits.

30.206(1)(a)

(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), 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.

30.206(1)(c)

(c) To ensure that the cumulative adverse environmental impact of the activities authorized by a general permit is insignificant and that the issuance of the general permit will not injure public rights or interests, cause environmental pollution, as defined in s. 299.01 (4), or result in material injury to the rights of any riparian owner, the department may impose any of the following conditions on the permit:

30.206(1)(c)1.

1. Construction and design requirements that are consistent with the purpose of the activity authorized under the permit.

30.206(1)(c)2.

2. Location requirements that ensure that the activity will not materially interfere with navigation or have an adverse impact on the riparian property rights of adjacent riparian owners.

30.206(1)(c)3.

3. Restrictions to protect areas of special natural resource interest.

30.206(1g)

(1g) General permit for certain piers and wharves. The department may issue a general permit under this section for the configuration of a pier or wharf under s. 30.12 (1j).

30.206(1m)

(1m) General permit for certain utility facilities. The department shall issue a general permit under this section for the construction of projects for which the commission is considered to have issued a certificate under s. 196.491 (3b).

30.206(3)

(3) Procedures for conducting activities under general permits.

30.206(3)(a)

(a) A person wishing to proceed with an activity that may be authorized by a general permit shall apply to the department, with written notification of the person's wish to proceed, not less than 30 days before commencing the activity authorized by a general permit. The notification shall provide information describing the activity in order to allow the department to determine whether the activity is authorized by the general permit and shall give the department consent to enter and inspect the site, subject to s. 30.291. The department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is tolled from the date the person applying for authorization to proceed receives the request until the date on which the department receives the information.

30.206(3)(b)

(b) If within 30 days after a notification under par. (a) is submitted to the department the department does not require any additional information about the activity that is subject to the notification and does not inform the applicant that an individual permit will be required, the activity will be considered to be authorized by the general permit and the applicant may proceed without further notice, hearing, permit or approval if the activity is carried out in compliance with all of the conditions of the general permit.

30.206(3)(c)

(c) Upon completion of an activity that the department has authorized under a general permit, the applicant for the general permit shall provide to the department a statement certifying that the activity is in compliance with all of the conditions of the general permit and a photograph of the activity.

30.206(3r)

(3r) Individual permit in lieu of general permit.

30.206(3r)(a)

(a) The department may decide to require a person who has applied under sub. (3) for authorization to proceed under a general permit to apply for and be issued an individual permit or be granted a contract if either of the following applies:

30.206(3r)(a)1.

1. The department determines that the proposed activity is not authorized under the general permit.

30.206(3r)(a)2.

2. The department has conducted an investigation and visited the site and has determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution, as defined in s. 299.01 (4), or material injury to the riparian rights of any riparian owner.

30.206(3r)(b)

(b) A decision by the department to require an individual permit under this subsection shall be in writing.

30.206(5)

(5) Failure to follow procedural requirements. Failure of an applicant to follow the procedural requirements of this section may result in forfeiture but may not, by itself, result in abatement of the activity.

30.206(6)

(6) Request for individual permit. A person proposing an activity for which a general permit has been issued may request an individual permit under the applicable provisions of this subchapter or ch. 31 in lieu of seeking authorization under the general permit.

30.206(7)

(7) Inapplicability. This section does not apply to an application for a general permit for the Wolf River and Fox River basin area or any area designated under s. 30.207 (1m).

30.206 - ANNOT.

History: 1987 a. 374; 1995 a. 227; 1997 a. 174; 2003 a. 89, 118, 326; 2007 a. 96, 204.

30.206 - ANNOT.

Cross Reference: See also ss. NR 320.06, 323.04, 328.05, 328.35, 341.08 and ch. NR 310, Wis. adm. code.