Wisconsin Statutes 30.123 – Bridges and culverts
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Terms Used In Wisconsin Statutes 30.123
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
- Village: means incorporated village. See Wisconsin Statutes 990.01
(2) Permits required. Unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature, no person may construct or maintain a bridge or construct, place, or maintain a culvert in, on, or over navigable waters.
(5) Condition. Any person who is issued a permit under this section respecting a bridge that may be used by the public shall construct and maintain the bridge in a safe condition at all times.
(b) The construction and maintenance of bridges by the department of transportation in accordance with s. 30.2022.
(d) The construction or placement and the maintenance of a replacement culvert that is placed in substantially the same location as the culvert being replaced if the replacement culvert is constructed or placed using best management practices to comply with water quality standards under subch. II of ch. 281.
(f) The construction or maintenance of bridges and the construction or placement and maintenance of culverts that are related to the construction, access, or operation of a new manufacturing facility and that affect a portion of a navigable stream within an electronics and information technology manufacturing zone designated under s. 238.396 (1m).
(6m) Permits in lieu of exemptions. The department may decide to require that a person engaged in an activity that is exempt under sub. (6) (d) or (f) apply for an individual permit or seek authorization under a general permit if the department has conducted an investigation and visited the site of the activity and has determined that conditions specific to the site require restrictions on the activity in order to prevent any of the following:
(a) Significant adverse impacts to the public rights and interests.
(b) Environmental pollution, as defined in s. 299.01 (4).
(c) Material injury to the riparian rights of any riparian owner.
(6p) Costs. If the department requires a person who replaces a culvert to apply for an individual permit or seek authorization under a general permit under sub. (6m), notwithstanding the exemptions under sub. (6) (d), and if the department includes conditions in the individual permit or under the general permit that are different than the conditions in the permit issued for the culvert being replaced, the department may not impose a fee for the individual permit or for authorization under the general permit and shall reimburse that person, from the appropriation under s. 20.370 (8) (ma), for his or her reasonable costs incurred in complying with the different conditions in the permit.
(6r) Exemption determinations.
30.123(6r)(a) (a) A person may submit to the department a written statement requesting that the department determine whether a proposed activity is exempt under sub. (6) (d). The statement shall contain a description of the proposed activity and site and shall give the department consent to enter and inspect the site.
(b) The department shall do all of the following within 15 days after receipt of a statement under par. (a):
1. Enter and inspect the site on which the activity is located, subject to s. 30.291, if the department determines such an inspection is necessary.
2. Make a determination as to whether the activity is exempt.
3. Notify in writing the person submitting the statement which general or individual permit will be required for the activity, if the department determines that the activity is not exempt.
(c) If the department does not take action under par. (b), the department may not require at any time that the person proposing to engage in the activity apply for an individual permit or seek authorization under a general permit unless required to do so by a court or hearing examiner.
(d) If a statement under par. (a) is not given or if the statement does not give consent to inspect, the 15-day time limit under par. (b) does not apply.
(6s) Rules.
(a) The department may promulgate rules concerning the exempt activities under sub. (6) that only do any of the following:
1. Establish reasonable installation practices for culverts to minimize environmental impacts.
2. Establish reasonable construction and design requirements for culverts that are consistent with the purpose of the activity.
3. Establish reasonable limitations on the location of culverts at the site affected by the activity.
(b) Notwithstanding par. (a), the rules under par. (a) 1. and 2. may not establish practices or requirements that prohibit the construction of culverts or that render the placement of culverts economically cost-prohibitive.
(7) General permits. The department shall issue statewide general permits under s. 30.206 that authorize any person to do all of the following:
(a) Construct and maintain a clear-span bridge over a navigable water that provides access to a principal structure, as defined by rule by the department.
(b) Construct and maintain a culvert that replaces a culvert that is not exempt under sub. (6) (d) and that is in a navigable water that is less than 35 feet wide.
(c) Construct and maintain a bridge that is supported only by culverts in a navigable water that is less than 35 feet wide.
(d) Construct, reconstruct, and maintain bridges and culverts that are part of a transportation project that is carried out under the direction and supervision of a municipality.
(8) Individual permits.
(a) For the construction and maintenance of a bridge or culvert that is not exempt under sub. (6) and that is not subject to a general permit under sub. (7), a person may apply to the department for the individual permit that is required under sub. (2) in order to construct or maintain a bridge or culvert.
(b) The notice and hearing provisions of s. 30.208 (3) to (5) shall apply to an application under par. (a).
(c) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following requirements are met:
1. The bridge or culvert will not materially obstruct navigation.
2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream.
3. The bridge or culvert will not be detrimental to the public interest.
(9) Records. A city, village, town, or county that replaces a culvert and that is exempt from the permitting requirements under sub. (6) shall make and retain a record of the replacement of the culvert. The record shall include all of the following information:
(a) The date on which the replacement culvert was constructed or placed.
(b) The dimensions of the replacement culvert.
(c) The location of the replacement culvert.