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Comparison of Standards:
Current Chapter 30 and SB313

The following comparison was provided by the Wisconsin Dept. of Natural
Resources to explain some of the impacts of the proposed Job
Creation Act of 2003.
| Activity |
Current Regulation |
SB313 |
| Grading |
Site-specific review on all public waters for impact on
aquatic habitat, water quality, flooding and drainage, natural scenic beauty;
public notice for grading more than 10,000 sq ft [current s. 30.19(3),
(4), (5)] |
Exemption, unless special natural resource water, if covered by stormwater,
shoreland zoning or commercial erosion control permits; stormwater and
commercial erosion control permits address only water quality; shoreland
zoning mandatory but ordinances are highly variable [SB313, p40, s95, line
22]; statewide general permit for anything not exempt; department may impose
conditions only to protect special natural resource waters, navigation
or adjacent property [SB313, p43, s106, line 21]; if no department
action in 30 days, project approved [SB 313, p 53 s136 line 6] habitat,
natural scenic beauty eliminated as decision standards for individual permits
[SB313, p42 s100; line 8] |
| Stream relocation |
Site-specific review on all public waters for impact on
navigation, aquatic habitat, water quality, flooding and drainage, natural
scenic beauty [current s. 30.195(3)] |
Statewide general permit for up to 500 ft or up to 2 cfs, department
may impose conditions only to protect special natural resource waters,
navigation or adjacent property [SB313, p43, s106, line 21]; if no
department action in 30 days, project approved [SB 313, p 53 s136 line
6] |
| Dredging |
Site-specific review on all public waters for impact on
navigation, aquatic habitat, water quality, flooding and drainage, natural
scenic beauty; WEPA analysis for more than 3000 cu yds; applies to navigable
and non-navigable waters; permit required for nonnavigable waters other
than farm ditches unless fishery impact [current s. 30.20(2)(b) and
(c)] |
Exemption for 100 cu yds new dredging; 1000 cu yds in area previously
dredged; general permit for up to 1000 cu yds new dredging; department
may impose conditions only to protect special natural resource waters,
navigation or adjacent property [SB313, page 47 s119 line 7];
if no department action in 30 days, project approved [SB 313, p 53 s136
line 6] |
| Structures & Deposits |
Deposits prohibited; piers, wharves 6 ft wide; swim raft;
seasonal boat hoist or shelter allowed without permit; may require permit
or abatement if found to harm navigation, aquatic habitat, water quality,
flooding and drainage, natural scenic beauty [current s. 30.12(2)]; municipalities
may enact ordinances [current 30.13(2)] |
Exemption for deposit of 2 cu yds rock, gravel or sand every 5 years;
200 sq ft structure other than pier or wharf; 500 sq ft structure on lakes
> 500 acres wharf extending no more than 30 ft; 500 sq ft structure; 75
feet of new riprap; intake or outfall structure covered by discharge permit
(this authority does not cover navigation, habitat, natural scenic beauty
impacts) [SB313, p26 s 22 line 3]; municipal ordinance authority repealed
[SB313; p36 s 70 line 21] |
| Bridges |
Site-specific review on all public waters for impact on
navigation, aquatic habitat, water quality, flooding and drainage, natural
scenic beauty; public notice for bridges crossing streams more than 35
ft wide [current s. 30.123(3) and (4)] |
Exemption for culverts less than 4 foot diameter for private roads
or driveways (how many in a row?) [SB313, p34 s59 line 20]; general permit
for bridges crossing streams less than 35 feet wide and 5 foot diameter
culvert [SB313, page 34 s60 line 23]; department may impose conditions
only to protect special natural resource waters, navigation or adjacent
property [SB313, p43, s106, line 21]; if no department action in 30 days,
project approved [SB 313, p 53 s136 line 6] |
| Constructing artificial waterways |
Unconnected ponds within 500 feet of any public waters receive
“short form” review; work to construct artificial waterway to public waters
with surface or pipe connection receives site-specific review for impact
on aquatic habitat, water quality, flooding and drainage, natural scenic
beauty; public notice where connection is surface channel [current s. 30.19
(1), (3) (4)] |
Exemption for artificial ponds with pipe connections to natural waterways
(stormwater and facility plan review authorities do not cover habitat,
natural scenic beauty impacts) [SB313, p 40 s 94 line 15]; such ponds frequently
involve wetland impacts but do not involve discharge of fill and so are
not subject to federal to federal wetland protection; general permit for
all other connected waterways [SB313, p41 s 98 line 12]department may impose
conditions only to protect special natural resource waters, navigation
or adjacent property [SB313, p43, s106, line 21]; if no department action
in 30 days, project approved [SB 313, p 53 s136 line 6]; habitat, natural
scenic beauty eliminated as decision standards for individual permits [SB313,
p42 s100 line 8] |
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Job Creation Act
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