2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 956
February 22, 2018 - Offered by Representative Tusler.
(b) No person may discharge dredged material or fill material into 8
a wetland unless the discharge is authorized by a wetland general permit or 9
individual permit issued by the department under this section or the discharge is 10
exempt under sub. (4), (4m) (a), (4p) (a),
or (4r). No person may violate any condition 11
contained in a wetland general or individual permit issued by the department under 12
this section. The department may not issue a wetland general or individual permit 13
under this section unless it determines that the discharge authorized pursuant to the
wetland general or individual permit will comply with all applicable water quality 2
(a) When permit required.
Any person wishing to proceed with a 6
discharge into any wetland shall submit an application for a wetland individual 7
permit under this subsection unless the discharge has been authorized under a 8
wetland 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 10
meeting with the applicant to discuss the details of the proposed discharge and the 11
requirements for submitting the application and for delineating the wetland. An 12
applicant may include in the application a request for a public informational hearing. 13
The application shall be accompanied by the applicable fee specified in sub. (11) or 14
281.36 (4p) of the statutes is created to read:
281.36 (4p) Exemption; previous permit.
(a) The permitting requirement 18
under sub. (3b) does not apply to any discharge into a wetland if a discharge into that 19
wetland was authorized under both a permit issued under sub. (3b) and a federal 20
permit issued under 33 USC 1344
that required a mitigation plan that included all 21
of the following and if the discharge complies with this mitigation plan:
1. Rehabilitation or restoration of 40 or more acres of agricultural lands into 23
wetlands, which may include lands used for cranberry cultivation.
2. Preservation of 150 or more acres of wetlands pursuant to a conservation 2
easement under sub. (8m).
(b) The department shall waive water quality certification under 33 USC 1341 4
(a) (1) for a discharge under par. (a).
The treatment of section 281.36 (3b) (b), (3m) (a), and (4p) of the statutes first 7
applies 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 9
issued before the effective date of this subsection.”.