31.253 Dam removal; opportunity for hearing.
(1) Opportunity for hearing prior to department action. Except as provided under sub. (4), prior to seeking or causing the removal of a dam under this chapter, the department shall hold a public informational hearing on the proposed removal or publish a class 2 notice under ch. 985 stating that it will seek or cause the removal of the dam without holding a public informational hearing unless a hearing is requested in writing within 30 days after the last publication of the notice. The department may hold further hearings or give further notice as it deems appropriate.
(2) Opportunity for hearing prior to court action. Except as provided under sub. (4), a court may not order or authorize the removal of a dam in an enforcement action under this chapter unless a public informational hearing or an opportunity for a public informational hearing was provided.
(3) Public informational hearing. If the department conducts a public informational hearing under this section, the department shall explain the basis for its decision to seek or cause the removal of the dam, the procedures which will be followed and opportunities for citizen involvement in those procedures and the department shall provide an opportunity for citizens to present comments, testimony and evidence concerning the removal of the dam. Notwithstanding s. 227.42, this hearing may not be converted or treated as a contested case.
(4) Exceptions.
(a) This section does not apply if the department or a court determines that a dam constitutes an immediate and significant hazard to persons or property.
(b) This section does not apply to an application under s. 31.185 or departmental action under s. 31.185.
History: 1983 a. 507; 1985 a. 182 s. 57.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 31 - Regulation of dams and bridges affecting navigable waters.
31.02 - Powers and duties of department.
31.03 - Permits for the Lower Wisconsin State Riverway.
31.045 - Permits for dams that affect drained lands.
31.05 - Applications for permits to construct.
31.07 - Applications for permits to operate and maintain existing dams.
31.09 - Proposals to accompany applications.
31.095 - Water power permits, condition precedent.
31.10 - Permit not to be valued.
31.11 - Certificate of terms and forfeiture of permits.
31.12 - Map, profile and plans.
31.13 - Raising or enlarging existing dams.
31.14 - Proof of ability to maintain dams required.
31.18 - Obligations of owners of bridges and dams.
31.185 - Permits to abandon dams.
31.19 - Inspection of dams; orders.
31.23 - Forfeitures; private bridges and dams.
31.253 - Dam removal; opportunity for hearing.
31.29 - May employ hydraulic engineer and assistants.
31.305 - Dams in the Lower Wisconsin State Riverway.
31.307 - Dam on Milwaukee River.
31.309 - Portage levee system and canal.
31.31 - Dams on nonnavigable streams.
31.32 - Dams not to injure other dams or sites.
31.33 - Jurisdiction of department.
31.34 - Flow of water regulated.
31.35 - Dams in areas leased by county; restrictions; control by circuit judge; when.
31.38 - Municipal authority to construct and maintain dams.
31.385 - Dam safety; aid program.
31.387 - Dam rehabilitation projects.