The following lists were provided by the Wisconsin Dept. of Natural Resources to explain some of the impacts of the proposed Job Creation Act of 2003.

Exemptions — A large number of activities would be exempted from permit review. These exemptions would be limited only if they affected areas of Special natural resource interest (which is defined as state natural areas, outstanding or exceptional resource waters, or areas that “possess significant scientific value, as identified by the Department.” ). There is no consideration of public rights in the undertaking of the exemptions below, but only a consideration of “interference with the rights of other riparians.” Apparently the drafters presume that the impacts of these exemptions are minor and are consistent with public rights. This assumption is clearly erroneous, as can be seen when you review the broad range of exempted activities below:

• The deposit of up to 2 cubic yards of “sand, gravel or stone” by any riparian owner every five years (this would cover an area of 162 square feet 4 inches deep);
• The placement of a 200 square foot seasonal structure, in addition to their pier structure or boat hoists or shelters, seasonally by any riparian;
• Any dredging not in an area of natural resource interest where the material is not hazardous, and the project is either 1000 cubic yards if the area was dredged historically or 100 cubic yards if it has never been dredged. (These convert into 200 dump trucks each carrying 5 cubic yards .) There is no limit to the number of times this could be done by a property….
• The placement of a pier up to 6 feet wide and to the three foot water depth;
• The placement of seasonal boat shelters;
• The placement of intake or outfall structures if authorized by a stormwater permit or a plan approval.
• The construction of any artificial water body within 500 feet if the discharge is an overflow device and it's authorized by storm water or a plan approval;
• Any grading from the bank where it's not located in an area of special natural resource interest and the grading has been approved under stormwater, local ordinance or part of an erosion control plan;
• Rip-rap of up to 75 linear feet if no riprap was previously placed and 300 feet if riprap has been placed previously
• There are no limits to the number of times these activities could take place.

• Place bridges to cross a navigable water less than 35 feet wide;
• Place culverts less than 60 inches in size;
• Grade where the area exceeds 10,000 square feet but where a storm water discharge permit has been issued;
• Grade where the purpose is to “enhance wildlife habitat or wetlands;
• Place spawning reefs or wing deflectors on the bed;
• Place bird nesting platforms;
• Place a pier up to 500 square feet in size in lakes more than 500 acres;
• Replace existing piers that have been in existence for more than 10 years so long as it doesn’t exceed 10 feet in width and 500 square feet in area;
• Place a permanent boat shelter (unless there is already a boathouse or a permanent boat shelter within 75 feet of the water);
• Place an intake or outfall structure that is less than 25% of the width of a channel;
• Change the course of a stream if the length of the relocation is less than 500 feet;
• Change the course of a stream if the average flow is less than 2 cfs;
• Dredge for maintenance purposes where the amount previously removed exceeds 1,000 cubic yards;
• Remove 100 to 1,000 cubic yards where no previous material has been removed;
• Place a vessel for commercial storage on Lake Michigan or Superior (we have been seeing efforts to place abandoned vessels for storage of cement and other commodities on the Great Lakes and have required s. 30.12 review).

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