LRBs0342/1
EHS:all
2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 547
February 20, 2018 - Offered by Senators Miller, Hansen, Ringhand, Risser,
Carpenter, Vinehout, Johnson, Schachtner, Larson, L. Taylor, Wirch,
Bewley and Erpenbach.
AB547-SSA1,1,4 1An Act to amend 281.36 (3b) (b), 281.36 (3m) (a), 281.36 (6) (a) (intro.) and
2281.36 (9) (a) (intro.); and to create 15.347 (22) and 281.36 (4n) of the statutes;
3relating to: the discharge of dredged or fill material into artificial wetlands,
4the study of wetlands, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This substitute amendment exempts from wetland permitting requirements a
discharge of dredged or fill material into an artificial wetland and creates a council
to study wetland issues.
Current law requires the Department of Natural Resources to issue wetland
general permits for discharges of dredged or fill material into certain wetlands.
Current law allows DNR to establish different requirements, conditions, and
exceptions in general permits to ensure that the discharges will cause only minimal
adverse environmental effects. A person who wishes to proceed with a discharge that
is covered by a general permit must notify DNR. If DNR does not request additional
information or notify the person that an individual permit will be required within 30
days after receipt of the notification, the person may proceed with the discharge.
Current law also authorizes DNR to require a person to apply for and obtain a
wetland individual permit if DNR determines that conditions specific to the site
require additional restrictions on the discharge in order to provide reasonable

assurance that no significant adverse impacts to wetland functional values will
occur.
Under current rules promulgated by DNR, discharges to certain artificial
wetlands are exempt from the wetland permitting requirements unless DNR
determines that significant functional values are present. This substitute
amendment exempts from wetland permitting requirements a discharge to any
artificial wetland. The substitute amendment defines an artificial wetland as a
landscape feature where hydrophitic vegetation may be present as a result of human
modification to the landscape or hydrology and for which there is no prior wetland
or stream history, but excludes from the definition a wetland that serves as a fish
spawning area or a passage to a fish spawning area or that was created as a result
of a wetland mitigation requirement.
With respect to the exemption created for artificial wetlands, the substitute
amendment establishes a process under which DNR must be notified of any project
that may affect a wetland or landscape feature that is eligible for such an exemption
and then must issue a determination of whether the eligibility requirements are met
or not.
The substitute amendment creates within DNR a wetland study council,
consisting of nine members, appointed for staggered six-year terms by the governor
and the secretary of natural resources, representing various interests and
expertises, to research and provide recommendations on various issues relating to
wetlands.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB547-SSA1,1 1Section 1 . 15.347 (22) of the statutes is created to read:
AB547-SSA1,2,42 15.347 (22) Wetland study council. (a) There is created in the department
3of natural resources a wetland study council consisting of the following members,
4appointed for staggered 6-year terms:
AB547-SSA1,2,6 51. One member who is a representative of a statewide organization
6representing the business community.
AB547-SSA1,2,8 72. One member who is a representative of a statewide organization
8representing waterfowl interests.
AB547-SSA1,2,10 93. One member who is a representative of a statewide organization
10representing real estate and development interests.
AB547-SSA1,3,2
14. One member who is a representative of a statewide organization
2representing municipal interests.
AB547-SSA1,3,4 35. One member who is a representative of a statewide organization
4representing rural and agricultural interests.
AB547-SSA1,3,6 56. One member who is a representative of a statewide organization
6representing a land conservation group with a specific interest in wetlands.
AB547-SSA1,3,7 77. One member who is a statewide wetland delineator.
AB547-SSA1,3,8 88. One member who is a statewide wetland consultant.
AB547-SSA1,3,11 99. One member who is a department of natural resources biologist or
10hydrologist and who is a wetland expert, appointed by the secretary of natural
11resources.
AB547-SSA1,3,1312 (b) The wetland study council shall research and develop recommendations on
13all of the following:
AB547-SSA1,3,15 141. The implementation and effectiveness of statewide wetland mitigation
15programs.
AB547-SSA1,3,20 162. Program elements that would be necessary for the department of natural
17resources to implement if the department assumes from the federal government the
18authority to administer the state's own individual and general permit program for
19the discharge of dredged or fill material into the navigable waters of the state under
20s. 281.12 (2).
AB547-SSA1,3,24 213. Issues related to the analysis of practicable alternatives that avoid and
22minimize the adverse impacts of a discharge into a wetland on wetland functional
23values and that will not result in any other significant adverse environmental
24consequences.
AB547-SSA1,4,2
14. Storm water management ponds and their potential to serve a role in
2wetland mitigation.
AB547-SSA1,4,4 35. Statewide incentive programs for creating, restoring, and enhancing
4wetlands.
AB547-SSA1,4,6 56. Statewide wetland trainings for department of natural resources staff,
6wetland consultants, and wetland delineators.
AB547-SSA1,4,8 77. The simplification of regulations associated with creating wetlands on farm
8drainage ditches for the purpose of phosphorus pollution retention.
AB547-SSA1,4,119 8. Ways to improve the in lieu fee subprogram of the wetland mitigation
10program, under s. 281.36 (3r) (e), including subcontracting the management of a
11program to a nonprofit organization.
AB547-SSA1,4,1512 9. The possibility of a professional, whose wetland delineation work is assured
13under the department of natural resources' wetland delineation professional
14assurance initiative, performing a wetland delineation confirmation under s. 23.321
15on behalf of the department.
AB547-SSA1,4,1716 10. Methods of financing wetland mitigation requirements for local units of
17government.
AB547-SSA1,4,1818 11. Any other item related to wetlands at the discretion of the council.
AB547-SSA1,2 19Section 2 . 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Act 115,
20is amended to read:
AB547-SSA1,5,421 281.36 (3b) (b) No person may discharge dredged material or fill material into
22a wetland unless the discharge is authorized by a wetland general permit or
23individual permit issued by the department under this section or the discharge is
24exempt under sub. (4), (4m) (a), (4n), or (4r). No person may violate any condition
25contained in a wetland general or individual permit issued by the department under

1this section. The department may not issue a wetland general or individual permit
2under this section unless it determines that the discharge authorized pursuant to the
3wetland general or individual permit will comply with all applicable water quality
4standards.
AB547-SSA1,3 5Section 3 . 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Act
6115
, is amended to read:
AB547-SSA1,5,167 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
8discharge into any wetland shall submit an application for a wetland individual
9permit under this subsection unless the discharge has been authorized under a
10wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a),
11(4n)
, or (4r). Before submitting the application, the department shall hold a meeting
12with the applicant to discuss the details of the proposed discharge and the
13requirements for submitting the application and for delineating the wetland. An
14applicant may include in the application a request for a public informational hearing.
15The application shall be accompanied by the applicable fee specified in sub. (11) or
16(12) (a).
AB547-SSA1,4 17Section 4 . 281.36 (4n) of the statutes is created to read:
AB547-SSA1,5,2118 281.36 (4n) Exemption; artificial wetlands. (a) In this subsection, “artificial
19wetland” means a landscape feature where hydrophytic vegetation may be present
20as a result of human modification to the landscape or hydrology and for which there
21is no prior wetland or stream history but does not include any of the following:
AB547-SSA1,5,2322 1. A wetland that serves as a fish spawning area or a passage to a fish spawning
23area.
AB547-SSA1,5,2424 2. A wetland created as a result of a mitigation requirement under sub. (3r).
AB547-SSA1,6,2
1(b) Subject to par. (c), the permitting requirement under sub. (3b) does not
2apply to any discharge into an artificial wetland.
AB547-SSA1,6,93 (c) 1. A person who proposes a project that may affect an artificial wetland shall
4notify the department no fewer than 15 working days before initiating the project.
5The notice may include evidence that the landscape feature is an artificial wetland,
6such as a statement issued by a professional who has investigated the wetland and
7who is qualified to give such an opinion. The department shall publish information
8on its Internet site describing the types of evidence needed for the department to
9issue its determination.
AB547-SSA1,6,1310 2. The department shall issue a determination as to whether the landscape
11feature is an artificial wetland within 15 working days after receiving notification
12of the proposed project under subd. 1. unless the department notifies the person that
13one of the following conditions applies:
AB547-SSA1,6,1514 a. The department does not have sufficient information about the parcel of land
15to determine whether it contains an artificial wetland.
AB547-SSA1,6,1916 b. The department determines that the landscape feature is providing
17significant functions that either protect adjacent or downstream property or
18infrastructure from flooding or significantly improve the water quality of adjacent
19or downstream water body.
AB547-SSA1,7,320 3. If, within 15 working days after the notification under subd. 1. is delivered
21to the department, the department notifies the person that subd. 2. a. applies, the
22person shall cooperate with the department's efforts to obtain information about the
23relevant parcel of land and may only proceed with the project upon notification that
24the department has determined the landscape feature to be an artificial wetland. If,
25within 15 working days after the notification is delivered to the department, the

1department notifies the person that subd. 2. b. applies, the person may not proceed
2with the project unless authorized by, or otherwise exempted from, a wetland general
3or individual permit under this section.
AB547-SSA1,5 4Section 5 . 281.36 (6) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
5Act 115
, is amended to read:
AB547-SSA1,7,86 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and
7implement the provisions under subs. (4), (4n), (4r), and (5). In promulgating these
8rules, the department shall do all of the following:
AB547-SSA1,6 9Section 6 . 281.36 (9) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
10Act 115
, is amended to read:
AB547-SSA1,7,1611 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland
12individual permit, whether authorization to proceed as authorized under a wetland
13general permit is appropriate, or whether an exemption under sub. (4), (4n), or (4r)
14is appropriate, and for purposes of enforcing this section, any employee or other
15representative of the department, upon presenting his or her credentials, may do any
16of the following:
AB547-SSA1,7 17Section 7 . Nonstatutory provisions.
AB547-SSA1,7,2218 (1) Appointment of members of wetland study council. The governor shall
19appoint the members of the wetland study council under section 15.347 (22) (a) 1. to
208. of the statutes and the secretary of natural resources shall appoint the member
21of the wetland study council under section 15.347 (22) (a) 9. of the statutes no later
22than 6 months after the effective date of this subsection.
AB547-SSA1,8,223 (2) Initial terms for wetland study council members. Notwithstanding
24section 15.347 (22) of the statutes, of the members of the wetland study council who

1are appointed as initial members, 3 members shall serve for a 2-year term and 3
2members shall serve for a 4-year term.
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