2017 - 2018 LEGISLATURE
February 22, 2018 - Offered by Representative Tusler.
AB956-AA2,1,11 At the locations indicated, amend the bill as follows:
AB956-AA2,1,3 21. Page 1, line 4: after “banks," insert “an exemption from wetland permitting
AB956-AA2,1,4 42. Page 2, line 8: after that line insert:
AB956-AA2,1,6 5 Section 2m. 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Act
, is amended to read:
AB956-AA2,2,27 281.36 (3b) (b) No person may discharge dredged material or fill material into
8a wetland unless the discharge is authorized by a wetland general permit or
9individual permit issued by the department under this section or the discharge is
10exempt under sub. (4), (4m) (a), (4p) (a), or (4r). No person may violate any condition
11contained in a wetland general or individual permit issued by the department under
12this section. The department may not issue a wetland general or individual permit
13under this section unless it determines that the discharge authorized pursuant to the

1wetland general or individual permit will comply with all applicable water quality
AB956-AA2,2r 3Section 2r. 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Act
, is amended to read:
AB956-AA2,2,145 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
6discharge into any wetland shall submit an application for a wetland individual
7permit under this subsection unless the discharge has been authorized under a
8wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a),
9(4p) (a), or (4r). Before submitting the application, the department shall hold a
10meeting with the applicant to discuss the details of the proposed discharge and the
11requirements for submitting the application and for delineating the wetland. An
12applicant may include in the application a request for a public informational hearing.
13The application shall be accompanied by the applicable fee specified in sub. (11) or
14(12) (a).”.
AB956-AA2,2,15 153. Page 4, line 24: after that line insert:
AB956-AA2,2,16 16 Section 7m. 281.36 (4p) of the statutes is created to read:
AB956-AA2,2,2117 281.36 (4p) Exemption; previous permit. (a) The permitting requirement
18under sub. (3b) does not apply to any discharge into a wetland if a discharge into that
19wetland was authorized under both a permit issued under sub. (3b) and a federal
20permit issued under 33 USC 1344 that required a mitigation plan that included all
21of the following and if the discharge complies with this mitigation plan:
AB956-AA2,2,2322 1. Rehabilitation or restoration of 40 or more acres of agricultural lands into
23wetlands, which may include lands used for cranberry cultivation.
12. Preservation of 150 or more acres of wetlands pursuant to a conservation
2easement under sub. (8m).
AB956-AA2,3,43(b) The department shall waive water quality certification under 33 USC 1341
4(a) (1) for a discharge under par. (a).
AB956-AA2,7r 5Section 7r. Initial applicability.
AB956-AA2,3,9 6(1) The treatment of section 281.36 (3b) (b), (3m) (a), and (4p) of the statutes first
7applies to a discharge into a wetland authorized by a permit under section 281.36
8(3b) of the statutes and a federal permit under 33 USC 1344, both of which were
9issued before the effective date of this subsection.”.