30.2022 Activities of department of transportation.
(1g) In this section, “transportation activity" means an activity carried out under the direction and supervision of the department of transportation in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, or repair.
(1m) Transportation activities affecting waters of the state, as defined in s. 281.01 (18), are not subject to the prohibitions or permit or approval requirements specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 61.353, 62.231, 62.233, or 87.30 or chs. 281 to 285 or 289 to 299. However, at the earliest practical time prior to the commencement of these transportation activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state. This subsection does not apply beginning on the date on which the department of natural resources issues a general permit under s. 283.33 (4m) (b) 1.
(1p) Transportation activities affecting waters of the state, as defined in s. 281.01 (18), are not subject to the prohibitions or permit or approval requirements specified under s. 29.601, 30.11, 30.12, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 61.353, 62.231, 62.233, or 87.30; or under chs. 281 and 283, except s. 283.33; or under chs. 285 or 289 to 299. At the earliest practical time prior to the commencement of these transportation activities, the department of transportation shall notify the department of the location, nature, and extent of the proposed work that may affect the waters of the state. This subsection applies beginning on the date on which the department of natural resources issues a general permit under s. 283.33 (4m) (b) 1.
(2) The exemptions under sub. (1m) or (1p) do not apply unless the transportation activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the transportation activity. If the transportation activity affects a wetland, as defined in s. 23.32 (1), the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in s. 281.36 (3r) (a) 1. to 3.
(3) If the department determines that there is reasonable cause to believe that a transportation activity being carried out under this section is not in compliance with the environmental protection requirements developed through interdepartmental liaison procedures, it shall notify the department of transportation. If the secretary and the secretary of transportation are unable to agree upon the methods or time schedules to be used to correct the alleged noncompliance, the secretary, notwithstanding the exemption provided in this section, may proceed with enforcement actions as the secretary deems appropriate.
(4) The department of transportation and the department shall exchange information and cooperate in the planning and carrying out of transportation activities in order to alleviate, to the extent practical under the circumstances, any potential detrimental encroachment on the waters of the state.
(5) Except as may be required otherwise under s. 1.11, no public notice or hearing is required in connection with any interdepartmental consultation and cooperation under this section.
(6) This section does not apply to transportation activities in the Lower Wisconsin State Riverway, as defined in s. 30.40 (15).
History: 2003 a. 118 ss. 48 to 53, 129; 2005 a. 347; 2011 a. 118; 2013 a. 80; 2015 a. 307.
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 30 - Navigable waters, harbors and navigation.
30.025 - Permit procedure for utility facilities.
30.027 - Lower Wisconsin State Riverway.
30.03 - Enforcement of forfeitures; abatement of nuisances; infringement of public rights.
30.05 - Applicability of chapter to municipally-owned submerged shorelands.
30.053 - Applicability of chapter to artificial water bodies and certain impoundments.
30.056 - Exemption from certain permit requirements.
30.06 - Waiver of certain provisions of this chapter.
30.07 - Transportation of aquatic plants and animals; placement of objects in navigable waters.
30.10 - Declarations of navigability.
30.103 - Identification of ordinary high-water mark by town sanitary district.
30.105 - Determining footage of shoreline.
30.11 - Establishment of bulkhead lines.
30.12 - Structures and deposits in navigable waters.
30.121 - Regulation of boathouses and houseboats.
30.122 - Unauthorized structures.
30.123 - Bridges and culverts.
30.124 - Waterfowl habitat management.
30.125 - Shoreline maintenance in outlying waters.
30.1255 - Report on control of aquatic nuisance species.
30.126 - Regulation of fishing rafts.
30.13 - Regulation of wharves, piers and swimming rafts; establishment of pierhead lines.
30.131 - Wharves and piers placed and maintained by persons other than riparian owners.
30.133 - Prohibition against conveyance of riparian rights.
30.1335 - Marina condominiums.
30.134 - Use of exposed shore areas along streams.
30.135 - Regulation of water ski platforms and jumps.
30.14 - Reports of and hearings on violations.
30.15 - Penalty for unlawful obstruction of navigable waters.
30.16 - Removal of obstructions to navigation.
30.18 - Withdrawal of water from lakes and streams.
30.19 - Enlargement and protection of waterways.
30.195 - Changing of stream courses.
30.196 - Enclosure of navigable waters; issuance of permits to municipalities.
30.20 - Removal of material from beds of navigable waters.
30.201 - Financial assurance for nonmetallic mining.
30.2022 - Activities of department of transportation.
30.2023 - Seawalls; Wolf River and Fox River basins.
30.2025 - Lake Koshkonong comprehensive project.
30.2026 - Lake Belle View and Sugar River project.
30.203 - Lake Winnebago comprehensive project.
30.2035 - Shoreline protection study.
30.2037 - Big Silver Lake high-water mark.
30.2038 - Milwaukee shoreline established.
30.204 - Lake acidification experiment.
30.205 - Water resources development projects.
30.2065 - General permit for certain wetland restoration activities.
30.207 - General permit pilot program.
30.208 - Applications for individual permits and contracts; department determinations.
30.209 - Contracts and individual permits; administrative and judicial review.
30.2095 - Limits and conditions for permits and contracts.
30.21 - Use of beds of Great Lakes by public utilities.
30.25 - Wolf River protection.
30.255 - Florence Wild Rivers Interpretive Center.
30.265 - Adopt a river program.
30.27 - Lower St. Croix River preservation.
30.275 - Scenic urban waterways.
30.277 - Urban rivers grant program.
30.28 - Fees for permits, other approvals, and determinations.
30.285 - Records of exemptions and permitted activities.
30.29 - Operation of motor vehicles in waters prohibited.
30.291 - Inspections for certain exemptions and permitted activities.
30.292 - Parties to a violation.
30.294 - Nuisances, abatement.
30.30 - Municipal authority to make harbor improvements.
30.31 - Procedural and other requirements to be followed in making harbor improvements.
30.32 - Contracts; competitive bidding; exceptions.
30.33 - Harbor railway belt lines.
30.34 - Financing harbor improvements and operations generally.
30.35 - Financing harbor improvements through bonds or notes.
30.37 - Boards of harbor commissioners authorized.
30.38 - Powers and duties of boards of harbor commissioners.
30.42 - Departmental duties, powers, prohibitions.
30.44 - Permits and waivers; board procedures.
30.443 - Erosion prevention and control.
30.45 - Prohibited and restricted activities in the riverway.
30.452 - Prohibited activities in the river.
30.455 - Department of transportation activities.
30.47 - Restrictions on recreational use.
30.501 - Capacity plates on boats.
30.505 - Certificate of number system to conform to federal system.
30.51 - Certificate of number and registration; requirements; exemptions.
30.525 - Voluntary contributions for nonmotorized boats.
30.53 - Certificate of origin; requirements; contents; guaranteed asset protection waivers.
30.531 - Certificate of title; requirements; exemptions.
30.533 - Application for certificate of title; hull and engine identification numbers.
30.535 - Department to examine records.
30.537 - Certificate of title; issuance, records, fees.
30.539 - Contents of certificate of title.
30.54 - Lost, stolen or mutilated certificates.
30.541 - Transfers of boat titles.
30.543 - Report of stolen or abandoned boats.
30.544 - Inspection of boats purchased out-of-state.
30.547 - Alterations and falsifications prohibited.
30.55 - Notice of abandonment or destruction of boat or change of address.
30.553 - Sharing boat title records.
30.57 - Perfection of security interests.
30.571 - Notification of person who has perfected security interest.
30.572 - Duties on creation of security interest.
30.573 - Assignment of security interest.
30.574 - Release of security interest.
30.575 - Secured party's and owner's duties.
30.576 - Method of perfecting exclusive.
30.577 - Suspension or revocation of certificate of title, certificate of number, or registration.
30.578 - Grounds for refusing issuance of certificate of title.
30.60 - Classification of motorboats.
30.625 - Rental of motorboats.
30.63 - Sale and use of certain outboard motors restricted.
30.635 - Motorboat prohibition.
30.67 - Accidents and accident reports.
30.675 - Distress signal flag.
30.678 - Boating safety certificates; requirements; exemptions; operation by minors.
30.682 - Preliminary breath screening test.
30.686 - Report arrest to department.
30.687 - Officer's action after arrest for violating intoxicated boating law.
30.71 - Disposal of waste from boats equipped with toilets.
30.72 - Watercraft use rules, Lower St. Croix River.
30.73 - Use regulations, Brule River.
30.74 - Additional functions of department.
30.742 - Water exhibitions and races; rules.
30.75 - Service of process on nonresident.
30.77 - Local regulation of boating.
30.772 - Placement and use of moorings; restrictions; permits.
30.773 - Designated mooring areas.
30.78 - Local regulation of seaplanes.
30.79 - Local water safety patrols; state aids.
30.81 - Local regulations on icebound inland waters.
30.90 - Public access to Lake Lions.