Wis. Stat. § 31.385 — WI Code / Chapter 31 / Section 31.385
Section 31.385
Status: in_force

1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section after having received department directives, based on the department’s investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.

2. The municipality, public inland lake protection and rehabilitation district or other person applying for state financial assistance under this section has received directives from the department or is under order by the department to maintain, repair, modify, abandon or remove a dam on August 9, 1989.

(d) The financial assistance that is provided under this section shall be paid from the appropriations under ss. 20.370 (4) (ja) and 20.866 (2) (tL) and (tx) , except as provided in pars. (dm) and (dr) and in 1991 Wisconsin Act 39 , section 9142 (10d) .

(dm) Financial assistance that is provided under sub. (7) shall be paid from the appropriation under s. 20.866 (2) (ta) and shall be treated as moneys obligated from the subprogram under s. 23.0917 (3) .

(dr) Financial assistance that is provided under sub. (8) shall be paid from the appropriation under s. 20.370 (4) (jq) .

(3) The department shall provide municipalities, public inland lake protection and rehabilitation districts and other persons receiving state financial assistance under this section with technical assistance for dam safety projects under this section. The department shall coordinate the financial assistance program under this section with other related state and federal programs.

(4)

(a) The department shall maintain an inventory of all dams in the state that require a dam safety project under this section. The inventory shall list the dam safety projects in the chronological order in which they are required to be undertaken. For each dam safety project on the inventory, the department shall include a statement of which parts of the dam safety project are required to protect the rights held by the public in the navigable waters contained by the dam.

(b) The department shall provide notice to the owner of a dam that is included in the inventory. The department shall by rule establish a notice and hearing process for a dam owner to object to the inclusion of the owner’s dam on the list. The department shall use this notice and hearing each time a dam is included in the inventory. The process shall include a public hearing in the city, village or town in which the dam is located, a public comment period, and an appeals process.

(5) Notwithstanding the limitations under sub. (2) (a) and the funding allocation requirements under sub. (2) (ag) and (ar) , the department shall provide financial assistance to the village of Cazenovia in the amount necessary for a dam safety project to repair a dam that is located in the portion of the village that is in Richland County. The amount of the financial assistance may not exceed $250,000. The village need not contribute to the repair costs, and sub. (2) (c) does not apply to this dam safety project. The repair of this dam need not be included as a dam safety project under the inventory maintained by the department under sub. (4) for the village to receive financial assistance under this section.

(6)

(a) Notwithstanding the limitations under sub. (2) (a) and the funding allocation requirements under sub. (2) (ag) and (ar) , the department shall provide financial assistance to all of the following:

1. Adams County for a dam safety project for Easton Dam in the amount necessary for the project, but not to exceed $150,000.

2. The city of Stanley for a dam safety project for Stanley Dam in the amount necessary for the project, but not to exceed $150,000.

3. The city of Montello for a dam safety project for Montello Dam, in the amount necessary for the project, but not to exceed $150,000.

4. Eau Claire County for dam safety projects for Lake Altoona Dam, for Lake Eau Claire Dam, and for a dam located in Coon Fork Lake County Park, in the amount necessary for the projects, but not to exceed $27,000.

(b) The counties and cities need not contribute to the costs of the dam safety projects under par. (a) 1. to 4. , and sub. (2) (c) does not apply to these projects. The dam safety projects under par. (a) 1. to 4. need not be included as dam safety projects under the inventory maintained by the department under sub. (4) in order to receive financial assistance under this subsection.

(7) Notwithstanding the limitations under sub. (2) (a) , and beginning with fiscal year 2011-12 and ending with fiscal year 2021-22, the department shall set aside from the appropriation under s. 20.866 (2) (ta) not more than a total of $6,000,000 that may be obligated only to provide financial assistance to counties for projects to maintain, repair, modify, abandon, or remove dams. For purposes of s. 23.0917 , beginning with fiscal year 2015-16, the moneys provided under this subsection from s. 20.866 (2) (ta) shall be treated as moneys obligated under s. 23.0917 (5g) (c) 2. c. To be eligible for financial assistance, a county must be under an order issued by the department to maintain, repair, modify, abandon, or remove a dam that is owned by the county and the order must be in effect on July 1, 2011. The amount of the financial assistance may not be for more than 25 percent of the costs of a project or $2,500,000, whichever is less. Subsection (2) (c) does not apply to a project for which financial assistance is provided under this subsection. A project need not be included under the inventory maintained by the department under sub. (4) in order for a county to receive financial assistance under this subsection.

(8)

(a) Notwithstanding the limitations under sub. (2) (a) and the funding allocation requirements under sub. (2) (ag) and (ar) , the department shall provide financial assistance in the form of a onetime payment of $42,000,000 to Domtar Paper Company, LLC, for modernization of a dam on the Wisconsin River associated with the company’s mill in the village of Rothschild. The department may not require Domtar Paper Company, LLC, to provide documentation of actual expenses prior to making the payment under this paragraph.

(b) If the dam modernization project under this subsection is not commenced by December 31, 2026, Domtar Paper Company, LLC, shall pay to the department, in a manner prescribed by the department, the full amount provided under par. (a) .

(c) If Domtar Paper Company, LLC, sells either its mill in the village of Rothschild or its mill in the city of Nekoosa prior to the completion of the dam modernization project under this subsection, Domtar Paper Company, LLC, shall pay to the department, in a manner prescribed by the department, any unexpended amount of the assistance provided under par. (a) .

(d) If the total amount of financial assistance for the dam modernization project under this subsection that Domtar Paper Company, LLC, receives from all sources exceeds two-thirds of the cost of the project, Domtar Paper Company, LLC, shall pay to the department, in a manner prescribed by the department, an amount that is equal to the difference between two-thirds of the cost of the project and the total amount of financial assistance received by Domtar Paper Company, LLC, for the project.

(e) Domtar Paper Company, LLC, shall agree in writing to invest $100,000,000 in north central Wisconsin via its manufacturing facilities in the village of Rothschild and the city of Nekoosa by January 1, 2029. If Domtar Paper Company, LLC, does not make that amount in financial investments in north central Wisconsin by the date specified in this paragraph, Domtar Paper Company, LLC, shall pay to the department, in a manner prescribed by the department, the full amount provided under par. (a) .

(f) For the duration of the dam modernization project under this subsection, Domtar Paper Company, LLC, shall agree to use roundwood and wood chips only from Wisconsin producers to produce products at any facility owned or operated by Domtar Paper Company, LLC, in the village of Rothschild. If Domtar Paper Company, LLC, produces products at any facility owned or operated by Domtar Paper Company, LLC, in the village of Rothschild using roundwood or wood chips from non-Wisconsin producers during the duration of the dam modernization project under this subsection, Domtar Paper Company, LLC, shall pay to the department, in a manner prescribed by the department, the full amount provided under par. (a) . This paragraph does not apply if extenuating circumstances prevent Domtar Paper Company, LLC, from using roundwood and wood chips only from Wisconsin producers.

History: 1989 a. 31 , 336 ; 1991 a. 39 ; 1993 a. 16 ; 1997 a. 27 ; 1999 a. 9 , 185 ; 2001 a. 16 ; 2007 a. 97 ; 2009 a. 28 ; 2011 a. 32 ; 2015 a. 55 ; 2019 a. 9 ; 2021 a. 58 ; 2023 a. 19 , 65 ; 2025 a. 63 , 127 .