Chapter 30 Reform

1
Chapter 30 Reform

• Under the Jobs Creation Act

2
Key Changes

• Fewer Individual Permits
• Major changes to grading permits
• A more predictable process
• Some changes now, some in 6 months, some in 18
  months.

3
Fewer Permits

• Three tiers
• More exemptions
• More general permits
• Fewer individual permits

4
Exemptions

• Before
• Fish Cribs
• Bird nests
• Dry hydrants
• Pilings
• Some piers
• After
• All of those, plus
• Replacement culverts
• Stormwater inlets outfalls
• Riprap
• Most piers
• Incidental dredging
• Biologs
• Swim rafts, boat lifts

5
Grading

• We shrank the bank!
• Currently any area that slopes and drains to
  the waterway. (the planet)
• Under the bill
• 75 feet from OWHM
• To the point where slope is less than 12
• Future rules may go higher for trout streams and
  ORWs and lower for ditches
• NOT an exemption

6
General Permits

• Before
• None
• After
• Grading!
• Ponds
• New culverts lt35 feet
• Bridges
• Maintenance dredging
• Beaches
• Rip rap
• Fords
• Boat landings
• Seawall replacements

7
How will GPs Work?

• Qualify
• Notify
• Wait 30 days
• Send a postcard

8
Whats left for Individual Permits?

• Stream relocations
• Connected ponds
• New dredging
• Exempts or GPs that get recaptured

9
IPs will be more predictable

• Before
• Apply
• Wait (backlog)
• Contested case hearing
• Wait
• Decision (225-390 days or more)
• After
• Apply
• Checklist of what DNR wants
• Specific deadlines for completeness, public
  notice, review, and decision
• Decision 105-150 days
• Contested case hearing
• Decision 270-375 (by statute) days

10
The Catch

• DNR may require further review of GPs and
  Exempts IF
• Site investigation reveals specific need for more
  restrictions
• Based upon a high standard for environmental
  impact
• DNR must report how many catches
• Remember the bank definition? (Its not an
  exemption, therefore if the project is outside
  the bank, it is not subject to recapture)

11
When?

• February 6
• Exemptions
• New bank definition
• This year
• New bank definition
• General permit for grading
• Next year
• All remaining GPs
• DNR will be very busy
• Department may have to write 27 new sets of
  rules

12
Questions?

• More detailed information in your packet
• Thank you!