Wisconsin § 30.20 - Removal of material from beds of navigable waters.

§ 30.20. Removal of material from beds of navigable waters.

30.20(1) (1) Permits or contracts required. 30.20(1)(a) (a) Unless a contract has been entered into with the department under sub. (2) (a) or (b) or authorization has been granted by the legislature, no person may remove any material from the bed of a natural navigable lake or from the bed of any outlying waters. 30.20(1)(b) (b) Unless an individual or a general permit has been issued by the department under this section or authorization has been granted by the legislature, no person may remove any material from the bed of any lake or navigable stream that is not described under par. (a) . 30.20(1g) (1g) Exemptions. 30.20(1g)(a) (a) 30.20(1g)(a)1. 1. A removal of material from the bed of a farm drainage ditch which was not a navigable stream before ditching is exempt from the individual and general permit requirements under this section unless the department finds that the proposed removal may have a long-term adverse effect on cold-water fishery resources or may destroy fish spawning beds or nursery areas. 30.20(1g)(a)2. 2. A person who proposes a removal under subd. 1. which may have an effect on cold-water fishery resources or may affect fish spawning beds or nursery areas shall notify the department at least 10 days prior to the removal. 30.20(1g)(b) (b) A removal of material is exempt from the permit and contract requirements under this section if the material does not contain hazardous substances, the material is not being removed from an area of special natural resource interest, and if any of the following applies: 30.20(1g)(b)1. 1. The removal is the amount necessary to place or maintain a structure that is exempt from any permitting requirements in this chapter. 30.20(1g)(b)2. 2. The removal is by hand or by hand-held devices without the use or aid of external or auxiliary power. 30.20(1g)(b)3. 3. The removal is necessary to perform an activity authorized under s. 30.125 (2) . 30.20(1g)(c) (c) A removal of material by the drainage board for the Duck Creek Drainage District from a drain that the board operates in the Duck Creek Drainage District is exempt from the individual and general permit requirements under this section if the removal is required, under rules promulgated by the department of agriculture, trade and consumer protection, in order to conform the drain to specifications imposed by the department of agriculture, trade and consumer protection after consulting with the department of natural resources. 30.20(1g)(d) (d) The removal of material by a drainage district from the bed of a ditch operated by the drainage district is exempt from the individual and general permit requirements under this section if all of the following apply: 30.20(1g)(d)1. 1. The material is removed for the purpose of maintaining the ditch. 30.20(1g)(d)2. 2. The material is not removed from an area that is listed in a database maintained by the department identifying contaminated properties and other activities related to the investigation and cleanup of contaminated soil or groundwater in this state. 30.20(1g)(d)3. 3. If the removed material is spread on land, all of the following apply: 30.20(1g)(d)3.a. a. The material is graded and smoothed to blend into cultivated lands. 30.20(1g)(d)3.b. b. The surface slope of the material does not exceed a slope of 8 to 1. 30.20(1g)(d)3.c. c. The material is not more than 2 feet deep at the top of the bank of the ditch. 30.20(1g)(d)4. 4. If the removed material is placed in a district corridor established under s.