SB368-ASA1,9,1717 227.01 (13) (ru) Is a wetland general permit issued under s. 281.36 (3g).
SB368-ASA1, s. 42 18Section 42. 281.165 (4) (a) 1m. of the statutes, as created by 2011 Wisconsin
19Act 6
, is amended to read:
SB368-ASA1,9,2220 281.165 (4) (a) 1m. The wetland area is a nonfederal wetland,as defined in s.
21281.36 (1) (c)
not subject to federal jurisdiction under 33 USC 1344, and the activity
22will affect less than 3 acres of that wetland area.
SB368-ASA1, s. 43 23Section 43. 281.17 (10) (c) of the statutes is created to read:
SB368-ASA1,9,2524 281.17 (10) (c) This subsection does not apply to discharges into wetlands that
25are subject to regulation under s. 281.36.
SB368-ASA1, s. 44
1Section 44. 281.22 (title) of the statutes is renumbered 281.36 (12) (title) and
2amended to read:
SB368-ASA1,10,43 281.36 (12) (title) Fees Application fees and time limits for water quality
4determinations for wetlands
.
SB368-ASA1, s. 45 5Section 45. 281.22 (1) of the statutes is repealed.
SB368-ASA1, s. 46 6Section 46. 281.22 (2) (title) of the statutes is renumbered 281.36 (12) (c)
7(title).
SB368-ASA1, s. 47 8Section 47. 281.22 (2) (a) of the statutes is renumbered 281.36 (12) (c) 1. and
9amended to read:
SB368-ASA1,10,1510 281.36 (12) (c) 1. The department shall refund the an application fee charged
11for a wetland individual permit under par. (a)
if the applicant requests a refund
12before the department determines that the application for the determination is
13complete. The department may not refund a fee after the department determines
14that the application is complete unless required to do so under a rule promulgated
15under s. 299.05
.
SB368-ASA1, s. 48 16Section 48. 281.22 (2) (b) of the statutes is renumbered 281.36 (12) (c) 2. and
17amended to read:
SB368-ASA1,10,2218 281.36 (12) (c) 2. If the applicant applies for a permit after the project submits
19an application for authorization to proceed under a wetland general or a wetland
20individual permit after the discharge
is begun or after it is completed, the
21department shall charge an amount equal to twice the amount of the fee that it would
22have charged under this section.
SB368-ASA1, s. 49 23Section 49. 281.22 (2) (c) of the statutes is repealed.
SB368-ASA1, s. 50 24Section 50. 281.22 (2) (d) of the statutes is renumbered 281.36 (12) (c) 3. and
25amended to read:
SB368-ASA1,11,3
1281.36 (12) (c) 3. The department, by rule, may increase the fee specified in sub.
2(1) par. (a) only if the increase is necessary to meet the costs of the department in
3performing the activities for which the fee is charged
.
SB368-ASA1, s. 51 4Section 51. 281.22 (2m) (title) of the statutes is renumbered 281.36 (12) (d)
5(title).
SB368-ASA1, s. 52 6Section 52. 281.22 (2m) (a) (intro.) of the statutes is renumbered 281.36 (12)
7(d) 1. (intro.) and amended to read:
SB368-ASA1,11,108 281.36 (12) (d) 1. (intro.) The department, by rule, may charge a supplemental
9fee for a determination under sub. (1) that is in addition to the a fee charged under
10sub. (1) this subsection if all of the following apply:
SB368-ASA1, s. 53 11Section 53. 281.22 (2m) (a) 1. of the statutes is renumbered 281.36 (12) (d) 1.
12a. and amended to read:
SB368-ASA1,11,1513 281.36 (12) (d) 1. a. The applicant requests in writing that the determination
14decision on the application be issued within a time period that is shorter than the
15time limit promulgated under par. (b) subd. 2. for the determination decision.
SB368-ASA1, s. 54 16Section 54. 281.22 (2m) (a) 2. of the statutes is renumbered 281.36 (12) (d) 1.
17b.
SB368-ASA1, s. 55 18Section 55. 281.22 (2m) (b) of the statutes is renumbered 281.36 (12) (d) 2. and
19amended to read:
SB368-ASA1,11,2220 281.36 (12) (d) 2. If the department promulgates a rule under par. (a) subd. 1.,
21the rule shall contain for a time limit for making determinations under sub. (1)
22decisions on the application.
SB368-ASA1, s. 56 23Section 56. 281.22 (3) of the statutes is renumbered 281.36 (12) (e) and
24amended to read:
SB368-ASA1,12,2
1281.36 (12) (e) Exemptions from fees. Subsections (1), (2) and (2m) Paragraphs
2(a), (b), (c), and (d)
do not apply to any federal agency or state agency.
SB368-ASA1, s. 57 3Section 57. 281.22 (4) of the statutes is repealed.
SB368-ASA1, s. 58 4Section 58. 281.36 (title) of the statutes is repealed and recreated to read:
SB368-ASA1,12,5 5281.36 (title) Permits for discharges into wetlands; mitigation.
SB368-ASA1, s. 59 6Section 59. 281.36 (1) (am) of the statutes is repealed.
SB368-ASA1, s. 60 7Section 60. 281.36 (1) (bd) of the statutes is created to read:
SB368-ASA1,12,98 281.36 (1) (bd) "Fill material" has the meaning given in 33 CFR 323.2 (e), as
9the meaning exists on the effective date of this paragraph .... [LRB inserts date].
SB368-ASA1, s. 61 10Section 61. 281.36 (1) (bg) of the statutes is repealed.
SB368-ASA1, s. 62 11Section 62. 281.36 (1) (bj) of the statutes is created to read:
SB368-ASA1,12,1312 281.36 (1) (bj) "Mitigation" means the restoration, enhancement, creation, or
13preservation of wetlands to compensate for adverse impacts to other wetlands.
SB368-ASA1, s. 63 14Section 63. 281.36 (1) (c) and (cm) of the statutes are repealed.
SB368-ASA1, s. 64 15Section 64. 281.36 (1) (cp) of the statutes is created to read:
SB368-ASA1,12,1916 281.36 (1) (cp) "Practicable" means reasonably available and capable of being
17implemented after taking into consideration cost, site availability, available
18technology, logistics, and proximity to the proposed project site, in light of the overall
19purpose and scope of the project.
SB368-ASA1, s. 65 20Section 65. 281.36 (1) (cr) of the statutes is repealed.
SB368-ASA1, s. 66 21Section 66. 281.36 (1m) of the statutes is repealed.
SB368-ASA1, s. 67 22Section 67. 281.36 (2) (title) of the statutes is repealed.
SB368-ASA1, s. 68 23Section 68. 281.36 (2) (a) of the statutes is renumbered 281.36 (3b) (b) and
24amended to read:
SB368-ASA1,13,10
1281.36 (3b) (b) No person may discharge dredged material or fill material into
2a nonfederal wetland unless the discharge is authorized by a water quality
3certification
wetland general permit or individual permit issued by the department
4under this section or the discharge is exempt under sub. (4). No person may violate
5any condition imposed by the department in a water quality certification contained
6in a wetland general or individual permit issued by the department
under this
7section. The department may not issue a water quality certification wetland general
8or individual permit
under this section unless it determines that the discharge
9authorized pursuant to the wetland general or individual permit will comply with all
10applicable water quality standards.
SB368-ASA1, s. 69 11Section 69. 281.36 (2) (b) of the statutes is repealed.
SB368-ASA1, s. 70 12Section 70. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended
13to read:
SB368-ASA1,14,514 281.36 (2m) Delineation procedures. For purposes of delineating the
15boundary of a nonfederal wetland, the department and the person who is applying
16for or who holds a water quality certification under this section shall use
under this
17section,
the procedures contained in the wetlands delineation manual published by
18the U.S. army corps of engineers shall be used. The edition of the manual that shall
19be used shall be the 1987 edition of the manual and any document that the U.S. army
20corps of engineers issues interpreting that manual, unless the U.S. army corps of
21engineers publishes an edition of the manual after January 9, 2001, and the
22department by rule designates that edition as the one to be used under this
23subsection. If the U.S. army corps of engineers issues a guidance document
24interpreting the edition of the wetlands delineation manual that the department is
25required to use under this subsection and if that guidance document is issued after

1May 8, 2001, the department shall notify the appropriate standing committee of each
2house of the legislature, as determined by the speaker of the assembly and the
3president of the senate, of the issuance of the guidance document and whether the
4department intends to promulgate a rule incorporating the provisions of the
5guidance document.
SB368-ASA1, s. 71 6Section 71. 281.36 (3b) (title) of the statutes is created to read:
SB368-ASA1,14,77 281.36 (3b) (title) Permit required.
SB368-ASA1, s. 72 8Section 72. 281.36 (3b) (a) of the statutes is created to read:
SB368-ASA1,14,119 281.36 (3b) (a) For purposes of this section, a wetland general or individual
10permit issued by the department constitutes water quality certification as required
11by 33 USC 1341 (a).
SB368-ASA1, s. 73 12Section 73. 281.36 (3g) (title) of the statutes is created to read:
SB368-ASA1,14,1313 281.36 (3g) (title) Wetland general permits.
SB368-ASA1, s. 74 14Section 74. 281.36 (3g) (a) of the statutes is created to read:
SB368-ASA1,14,1615 281.36 (3g) (a) Required permits. The department shall issue a wetland
16general permit for each of the following types of discharges:
SB368-ASA1,14,1917 1. A discharge that is necessary for the treatment or disposal of hazardous
18waste or toxic pollutants, if the discharge does not contain hazardous waste or toxic
19pollutants and does not affect more than 2 acres of wetland.
SB368-ASA1,14,2120 2. A discharge that is necessary for temporary access and dewatering, if the
21discharge does not affect more than 2 acres of wetland.
SB368-ASA1,14,2322 3. A temporary or permanent discharge for routine utility construction and
23maintenance projects and activities.
SB368-ASA1,15,224 4. A discharge that is part of a development for industrial purposes, if the
25discharge does not affect more than 10,000 square feet of wetland. For purposes of

1this subdivision, the development of a waste disposal site is considered to be a
2development for industrial purposes.
SB368-ASA1,15,43 5. A discharge that is part of a development for commercial purposes, if the
4discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,65 6. A discharge that is part of a development for residential purposes, if the
6discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,87 7. A discharge that is part of a development for agricultural purposes, if the
8discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,109 8. A discharge that is part of a development for municipal purposes, if the
10discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,1211 9. A discharge that is part of a development for recreational purposes, if the
12discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,1613 10. A discharge that is necessary for the construction, reconstruction, or
14maintenance of a bridge or culvert that is part of a transportation project that is
15being carried out under the direction and supervision of a city, village, town, or
16county.
SB368-ASA1, s. 75 17Section 75. 281.36 (3g) (c) of the statutes is created to read:
SB368-ASA1,15,2018 281.36 (3g) (c) Additional permits. The department may issue wetland general
19permits, in addition to those required under pars. (a) and (b), to regulate other
20discharges that affect wetlands located in this state.
SB368-ASA1, s. 76 21Section 76. 281.36 (3g) (d) of the statutes is created to read:
SB368-ASA1,16,322 281.36 (3g) (d) Requirements; conditions; restrictions. In issuing wetland
23general permits under this subsection, the department shall establish requirements,
24conditions, and exceptions to ensure that the discharges will cause only minimal
25adverse environmental effects, and a general permit may apply only to a single and

1complete project. As part of a general permit, the department may prohibit
2discharges into wetlands that are identified by the department as being one of the
3following:
SB368-ASA1,16,44 1. Great Lakes ridge and swale complexes.
SB368-ASA1,16,55 2. Interdunal wetlands.
SB368-ASA1,16,66 3. Coastal plain marshes.
SB368-ASA1,16,77 4. Emergent marshes containing wild rice.
SB368-ASA1,16,108 5m. Sphagnum bogs that are located in the area located south of a horizontal
9line drawn across the state based on the routes of STH 16 and STH 21 west of Lake
10Winnebago and on USH 151 east of Lake Winnebago.
SB368-ASA1,16,1111 6. Boreal rich fens.
SB368-ASA1,16,1212 7. Calcareous fens.
SB368-ASA1, s. 77 13Section 77. 281.36 (3g) (e) of the statutes is created to read:
SB368-ASA1,16,1714 281.36 (3g) (e) Period of validity; subsequent actions. A wetland general permit
15issued under this subsection is valid for a period of 5 years. Upon compliance with
16the requirements under pars. (f) to (g), the department may renew, modify, or revoke
17a wetland general permit issued under this subsection.
SB368-ASA1, s. 78 18Section 78. 281.36 (3g) (f) of the statutes is created to read:
SB368-ASA1,16,2219 281.36 (3g) (f) Public notice. The department shall provide to interested
20members of the public notices of its intention to issue, renew, modify, or revoke a
21wetland general permit under this subsection. Procedures for providing public
22notices shall include all of the following:
SB368-ASA1,16,2323 1. Publication of a class 1 notice under ch. 985.
SB368-ASA1,16,2524 2. Providing a copy of the notice to any person or group upon request of the
25person or group.
SB368-ASA1,17,1
13. Publication of the notice on the department's Internet Web site.
SB368-ASA1, s. 79 2Section 79. 281.36 (3g) (fg) of the statutes is created to read:
SB368-ASA1,17,63 281.36 (3g) (fg) Date of notice. For the purpose of determining the date on
4which public notice is provided under this subsection, the date on which the
5department first publishes the notice on its Internet Web site shall be considered the
6date of public notice.
SB368-ASA1, s. 80 7Section 80. 281.36 (3g) (fm) of the statutes is created to read:
SB368-ASA1,17,138 281.36 (3g) (fm) Written comments. The department shall provide a period of
9not less than 30 days after the date of the public notice during which time interested
10persons may submit their written comments on the department's intention to issue,
11renew, modify, or revoke a wetland general permit under this subsection. All written
12comments submitted during the period for comment shall be retained by the
13department and considered by the department in acting on the general permit.
SB368-ASA1, s. 81 14Section 81. 281.36 (3g) (fr) of the statutes is created to read:
SB368-ASA1,17,1715 281.36 (3g) (fr) Description in notice. Every public notice provided by the
16department under par. (f) shall include a description of the discharges to be
17authorized under the wetland general permit.
SB368-ASA1, s. 82 18Section 82. 281.36 (3g) (g) of the statutes is created to read:
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