SB1-SSA2,124,2524 6. Adverse effects on existing habitat and populations of animals and
25vegetation found in wetlands.
SB1-SSA2,125,4
1(6) Decision by department. (a) The department shall make a finding that a
2a discharge of dredged material or fill material is in compliance with all applicable
3water quality standards and shall issue a wetland individual permit if the
4department determines that all of the following apply:
SB1-SSA2,125,75 1. The proposed project of which the discharge is a part represents the least
6environmentally damaging practicable alternative taking into consideration
7practicable alternatives that avoid wetland impacts.
SB1-SSA2,125,98 2. All practicable measures to minimize the adverse impacts to wetland
9functional values will be taken.
SB1-SSA2,125,1210 3. The proposed discharge will not result in significant adverse impact to
11wetland functional values, subject to par. (b); in significant adverse impact to water
12quality; or in other significant adverse environmental consequences.
SB1-SSA2,125,1713 (b) Notwithstanding par. (a) 3., if significant adverse impacts to wetland
14functional values will remain after the adverse impacts have been avoided and
15minimized to the extent practicable, the department shall issue the permit if the
16department determines that the remaining impacts will be compensated for under
17a mitigation program under sub. (8).
SB1-SSA2,125,2118 (c) The department may not deny an approval for an activity for which a
19wetland impact evaluation is required, other than a discharge of dredged material
20or fill material, on the basis of the impacts from the activity on wetlands if the
21department determines that all of the following apply:
SB1-SSA2,125,2422 1. The proposed project of which the activity is a part represents the least
23environmentally damaging practicable alternative taking into consideration
24practicable alternatives that avoid wetland impacts.
SB1-SSA2,126,2
12. All practicable measures to minimize the adverse impacts to wetland
2functional values will be taken.
SB1-SSA2,126,53 3. The proposed activity will not result in significant adverse impact to wetland
4functional values, subject to par. (d); in significant adverse impact to water quality;
5or in other significant adverse environmental consequences.
SB1-SSA2,126,116 (d) Notwithstanding par. (c) 3., if significant adverse impacts to wetland
7functional values will remain after the adverse impacts have been avoided and
8minimized to the extent practicable, the department may not deny the permit on the
9basis of the impacts from the activity on wetlands if the department determines that
10the remaining impacts will be compensated for under a mitigation program under
11sub. (8).
SB1-SSA2,126,1312 (e) Paragraphs (a) to (d) do not apply to authorizations to proceed under a
13general permit issued under s. 281.36 (3g).
SB1-SSA2,127,11 14(7) Federal wetlands. (a) For a wetland individual permit under this section
15which involves a federal wetland or for any other approval for which a wetland
16impact evaluation for a federal wetland is required, any mitigation program
17submitted by the applicant under sub. (8) shall include all the federal mitigation
18measures proposed by the applicant. The department shall review the federal
19mitigation measures and shall determine whether it has reasonable assurance that
20these will compensate for any significant adverse impacts to wetland functional
21values, any significant adverse impacts to water quality, and any other significant
22adverse environmental consequences. The department shall recognize all federal
23compensatory mitigation measures as being eligible for the purpose of making this
24determination. If the department determines that reasonable assurance exists, the
25department may not impose any additional conditions on the permit or other

1approval. If the department determines that reasonable assurance does not exist,
2it may impose conditions on the permit or other approval that are in addition to
3required federal compensatory mitigation measures, but such conditions shall be
4limited to those that are necessary to compensate for any significant adverse impacts
5to wetland functional values, any significant adverse impacts to water quality, and
6any other significant adverse environmental consequences that will remain after
7completion of the federal mitigation measures. Any conditions imposed by the
8department may be satisfied through a mitigation program as provided in sub. (8).
9In imposing any conditions under this paragraph, the department may not require
10that the number of acres to be mitigated be greater than the number that is required
11under federal law.
SB1-SSA2,127,1712 (b) A wetland individual permit issued under this section that authorizes a
13discharge of dredged or fill material in a federal wetland constitutes water quality
14certification as required by 33 USC 1341 (a). Any other approval issued by the
15department for which a wetland impact evaluation is required for a federal wetland
16constitutes water quality certification under 33 USC 1341 (a) with respect to the
17discharges or activities affecting the federal wetland.
SB1-SSA2,127,20 18(8) Mitigation program. (a) Definition. Notwithstanding s. 295.60 (1) (i), in
19this section "water basin" means the Lake Michigan basin, the Lake Superior basin,
20or the Mississippi River basin.
SB1-SSA2,128,221 (am) Contents. A mitigation program to compensate for adverse impacts to
22functional values of wetlands shall contain proposed projects for mitigation and a
23schedule for implementing the projects. The department may not consider
24mitigation in determining whether to grant authorization to proceed under a general

1permit under s. 281.36 (3g). These projects may be performed by a person other than
2the applicant, subject to the department's approval of the projects and schedule.
SB1-SSA2,128,73 (b) Option of applicant. An applicant submitting a program under par. (am)
4may submit options for mitigation. These options may include any combination of
5the types of mitigation specified in par. (dm). In preparing the program, the
6applicant shall identify and consider mitigation that could be conducted within the
7same watershed in which the mining site is located.
SB1-SSA2,128,118 (c) Ratios for mitigation. The amount of mitigation required may not exceed
91.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of
10credits in a mitigation bank, each acre that is subject to mitigation shall count as at
11least one credit.
SB1-SSA2,128,2112 (d) Sequence of mitigation. If it is not practicable or ecologically preferable to
13conduct mitigation at an on-site location or if there is no on-site location that will
14provide sufficient wetland acreage, the department shall require that the applicant
15conduct mitigation within the same watershed in which the wetland to be affected
16is located, unless mitigation in the same watershed is not practicable or ecologically
17preferable. If mitigation within the same watershed is not practicable or ecologically
18preferable, the department shall require that the applicant conduct mitigation
19within the same water basin in which the wetland to be affected is located. If
20mitigation in the same water basin is not practicable or ecologically preferable, the
21applicant may conduct mitigation at a site elsewhere in the state.
SB1-SSA2,128,2322 (dm) Types of mitigation. Mitigation under a program under par. (am) may be
23accomplished through any of the following types:
SB1-SSA2,128,2524 1. Implementation of a project for mitigation by an applicant or other person
25approved by the department.
SB1-SSA2,129,2
12. Purchase of mitigation credits from a mitigation bank for a site in a
2mitigation bank that is located anywhere in the state, subject to par. (e).
SB1-SSA2,129,63 3. Purchase of mitigation credits from a mitigation bank established prior to
4February 1, 2002, if the department determines that the bank sponsor is in
5compliance with any applicable memorandum of understanding between the bank
6sponsor and the department.
SB1-SSA2,129,87 4. Participation in the in lieu fee subprogram, if such a subprogram is
8established under s. 281.36 (3r) (e).
SB1-SSA2,129,179 (e) Ceded territory. If a mining operation is located in whole or in part within
10the ceded territory, any mitigation, including mitigation accomplished through the
11purchase of mitigation bank credits and the in lieu fee subprogram that is authorized
12or required by the department, that will be required to compensate for adverse
13impacts to wetlands located in the ceded territory shall occur within the ceded
14territory. If the department determines under par. (d) that mitigation will occur
15within a certain watershed or water basin and if the watershed or water basin is not
16located totally in the ceded territory, the mitigation shall occur within that part of
17the watershed or water basin that is located in the ceded territory.
SB1-SSA2,130,4 18(9) Subsequent protection for wetlands. (a) If a wetland individual permit
19issued under this section, or other approval that required a wetland impact
20evaluation, authorizes a mitigation project, the person who is the holder of the permit
21or approval shall grant a conservation easement under s. 700.40 to the department
22or shall execute a comparable legal instrument to ensure that a wetland that is being
23restored, enhanced, created, or preserved will not be destroyed or substantially
24degraded by any subsequent proprietor of or holder of interest in the property on
25which the wetland is located. The department shall suspend the mining permit if the

1holder of the permit fails to grant the easement or execute this instrument within
2the time limit set forth in the mining permit. If the holder subsequently grants the
3conservation easement or executes the instrument, the department shall reinstate
4the mining permit.
SB1-SSA2,130,75 (b) Notwithstanding par. (a), the department shall modify or release a
6conservation easement granted under par. (a) or shall void a comparable legal
7instrument executed under par. (a) if all of the following apply:
SB1-SSA2,130,98 1. The department determines that part or all of a wetland subject to the
9mitigation project ceases to be a wetland.
SB1-SSA2,130,1210 2. The person who is required to grant the conservation easement or execute
11the legal instrument did not contribute to the loss of the wetland specified in subd.
121.
SB1-SSA2,130,1513 3. Any subsequent proprietor of or holder of interest in the property on which
14the wetland specified in subd. 1. is located did not contribute to the loss of the
15wetland.
SB1-SSA2,130,21 16(10) Exemptions. (a) Artificial wetlands. All of the following artificial
17wetlands that are associated with a mining operation or bulk sampling are exempt
18from the wetland individual permit and mitigation requirements under this section,
19from the general permit requirements under s. 281.36 (3g), and from any
20requirement for any other approval for which a wetland impact evaluation is
21required:
SB1-SSA2,130,2422 1. An artificial wetland that is a sedimentation or stormwater detention basin
23or associated conveyance feature operated and maintained only for sediment
24detention and flood storage purposes.
SB1-SSA2,131,2
12. An artificial wetland that is an active sewage lagoon, cooling pond, waste
2disposal pit, fish rearing pond, or landscape pond.
SB1-SSA2,131,43 3. An artificial wetland that is an actively maintained farm drainage or
4roadside ditch.
SB1-SSA2,131,55 4. An artificial wetland as part of an active mining operation.
SB1-SSA2,131,116 (b) Other exempted activities. All of the following activities that are associated
7with a mining operation or bulk sampling are exempt from the wetland individual
8permit and mitigation requirements under this section, from the general permit
9requirements under s. 281.36 (3g), and from any requirement for any other approval
10for which a wetland impact evaluation is required if the applicant minimizes any
11adverse effect on the environment as a result of any of these activities:
SB1-SSA2,131,1312 1. Maintenance, emergency repair, or reconstruction of damaged parts of
13structures that are in use in a wetland.
SB1-SSA2,131,1414 2. Construction or maintenance of irrigation ditches.
SB1-SSA2,131,1715 3. Construction or maintenance of farm roads, forest roads, or temporary
16mining roads that is performed in accordance with best management practices, as
17determined by the department.
SB1-SSA2,131,1818 4. Maintenance of drainage ditches.
SB1-SSA2,131,2019 (c) An exemption under par. (a) or (b) does not apply to a federal wetland if the
20exemption conflicts with 33 USC 1344.
SB1-SSA2,131,22 21(11) Relationship to other laws. None of the following apply to a mining
22operation or bulk sampling:
SB1-SSA2,131,2323 (a) Section 281.36, except as otherwise specifically provided in this section.
SB1-SSA2,131,2524 (b) Any rule promulgated under s. 281.36, except as otherwise specifically
25provided in this section.
SB1-SSA2,132,2
1(c) Any other rule promulgated by the department that relates to wetlands that
2conflicts with this section.
SB1-SSA2,132,5 3295.605 Impacts to navigable waters. (1) Definition. In this section,
4"navigable water activity" means an activity for which an approval is required under
5s. 30.12, 30.123, 30.19, 30.195, or 30.20.
SB1-SSA2,132,9 6(1m) Limitation. This section does not apply to any navigable water activity
7associated with a mining operation if the application for the approval for the
8navigable water activity is filed after the department issues a mining permit for the
9mining operation.
SB1-SSA2,132,12 10(2) Approval required. No person may engage in any navigable water activity
11associated with bulk sampling or mining unless the person has been granted an
12approval as provided under sub. (4).
SB1-SSA2,132,16 13(3) Application; riparian status. (a) For purposes of an approval under ss.
1430.12, 30.123, 30.19, 30.195, and 30.20, a person who is not the owner of a piece of
15riparian property may exercise a riparian right held by the owner of the piece of
16riparian property if any of the following apply:
SB1-SSA2,132,1717 1. The person leases the piece of riparian property from the owner.
SB1-SSA2,132,1918 2. The person holds an easement on the piece of riparian property and the
19easement authorizes the person to exercise that riparian right.
SB1-SSA2,132,2220 (b) If a person is applying for more than one approval for a navigable water
21activity, the person may file a single application. The application shall include any
22information requested by the department under s. 295.45 (3).
SB1-SSA2,132,25 23(4) Requirements. (a) Generally. The department shall grant an approval for
24a navigable water activity if the navigable water activity meets all of the following
25requirements:
SB1-SSA2,133,2
11. The navigable water activity will not significantly impair public rights and
2interests in a navigable water.
SB1-SSA2,133,43 2. The navigable water activity will not significantly reduce the effective flood
4flow capacity of a stream.
SB1-SSA2,133,65 3. The navigable water activity will not significantly affect the rights of
6riparian owners or the applicant obtains the consent of the riparian owners.
SB1-SSA2,133,77 4. The navigable water activity will not significantly degrade water quality.
SB1-SSA2,133,118 (b) Measures. The person applying for the approval shall submit a plan to the
9department containing proposed measures to meet the requirements under par. (a)
10and a proposed schedule for implementing the measures. The plan shall include one
11or more of the following measures:
SB1-SSA2,133,1512 1. Measures to offset significant impacts to navigable waters by providing
13public access to, restoring, or enlarging up to 1.5 acres, but not less than one acre,
14of navigable waters in exchange for each acre of navigable waters that is significantly
15impacted.
SB1-SSA2,133,1616 2. Measures to improve public rights or interests in navigable waters.
SB1-SSA2,133,1717 3. Measures to offset significant impacts to water quality or quantity.
SB1-SSA2,133,1818 4. Measures to enhance flood storage.
SB1-SSA2,133,1919 5. A mitigation program as provided under s. 295.60 (8).
SB1-SSA2,133,2020 6. Conservation measures as provided in s. 295.61.
SB1-SSA2,133,2421 (bg) Measures excluded from consideration. In determining if a navigable
22water activity meets the requirements under par. (a) with regard to a navigable
23water, the department may not consider any proposed measure under par. (b) if the
24navigable water is any of the following:
SB1-SSA2,134,4
11. A perennial stream, if the drainage area of the portion of the stream
2upstream from the farthest downstream point of the navigable water activity is more
3than 2 square miles. In this subdivision, "perennial stream" means a stream that
4has a continuous flow every day of every year in which there is average precipitation.
SB1-SSA2,134,75 2. A navigable water, other than a stream, that is more than 2 acres in area
6every day of every year in which there is average precipitation and that is not a
7freeze-out pond, as defined in s. 29.001 (29).
SB1-SSA2,134,88 3. A class I, class II, or class III trout stream.
SB1-SSA2,134,159 (bn) Plan review; finding. In reviewing the plan, the department may require
10that measures that are in addition to, or in conjunction with, one or more of the
11measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
12and application, if the department finds that the requirements under par. (a) will be
13met by implementing some or all of the measures contained in the plan, the
14department shall determine which measures shall be required, shall approve a
15schedule for implementation, and shall grant the approval.
SB1-SSA2,134,2116 (c) Applicability of requirements. The requirements that are specified in par.
17(a) 1. to 4. are in lieu of any requirements required for approvals under ss. 30.12 (3m)
18(c), 30.123 (8) (c), 30.19 (4) (c), 30.195 (2) (c), and 30.20, including those that relate
19to the state's or public's interests, and shall be used, in conjunction with the measures
20required under par. (b), in any evaluation by the department pursuant to 33 USC
211341
.
SB1-SSA2,134,25 22(5) Approval conditions. The department may impose conditions in an
23approval for a navigable water activity that it determines to be necessary to ensure
24that the navigable water activities subject to the approval meet the requirements
25under sub. (4) (a).
SB1-SSA2,135,3
1(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
2under that chapter apply to any navigable water activity subject to this section to the
3extent that they do not conflict with this section, except as provided in par. (b).
SB1-SSA2,135,54 (b) Sections 30.209 and 30.2095 and any rules promulgated under those
5sections, do not apply to any navigable water activity that is subject to this section.
SB1-SSA2,135,6 6295.607 Shoreland and floodplain zoning. (1) (a) In this section:
SB1-SSA2,135,87 1. "Development or construction activity" means a waste site, structure,
8building, fill, or other development or construction activity.
SB1-SSA2,135,109 2. "Shoreland zoning ordinance" means a shoreland zoning ordinance or
10regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.
SB1-SSA2,135,14 11(2) (a) The department may not prohibit a development or construction activity
12to be located in an area that would otherwise be prohibited under a shoreland zoning
13ordinance if the development or construction activity is authorized by the
14department as part of a mining operation covered by a mining permit under s. 295.58.
SB1-SSA2,135,2015 (b) A development or construction activity located in an area that would
16otherwise be prohibited under a shoreland zoning ordinance does not violate the
17applicable ordinance if the development or construction activity is authorized by the
18department as part of a mining operation covered by a mining permit under s. 295.58.
19No shoreland zoning variance is required for a development or construction activity
20located as provided under this paragraph.
SB1-SSA2,135,25 21(3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit
22development or construction activity authorized by the department as part of a
23mining operation covered by a mining permit under s. 295.58, except to the extent
24necessary for the municipality to which the floodplain zoning ordinance applies to
25maintain eligibility for participation in the National Flood Insurance Program.
SB1-SSA2,136,2
1295.61 Withdrawals of surface waters and groundwater. (1)
2Definitions. In this section:
SB1-SSA2,136,43 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
4(b).
SB1-SSA2,136,65 (b) "Environmentally sound and economically feasible water conservation
6measures" has the meaning given in s. 281.346 (1) (i).
SB1-SSA2,136,77 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
SB1-SSA2,136,88 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
SB1-SSA2,136,99 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
SB1-SSA2,136,1110 (em) "Riparian restoration project" means a project that will restore or enhance
11the natural beneficial uses and value of a watercourse.
SB1-SSA2,136,1212 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
SB1-SSA2,136,1313 (g) Unless the context otherwise requires, "use" includes dewatering.
SB1-SSA2,136,1414 (h) "Water loss" has the meaning given in s. 281.35 (1) (L).
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