LRB-1564/1
MGG:cmh:jf
1999 - 2000 LEGISLATURE
February 24, 1999 - Introduced by Senators Burke and Risser, cosponsored by
Representative Bock. Referred to Committee on Agriculture, Environmental
Resources and Campaign Finance Reform.
SB57,1,6 1An Act to renumber 61.351 (1) (a) and 62.231 (1) (a); to renumber and amend
223.32 (1); to amend 23.32 (2) (a), 23.32 (2) (b), 61.351 (1) (b), 61.351 (2), 61.351
3(3), 61.351 (6), 62.231 (1) (b), 62.231 (2), 62.231 (3), 62.231 (6) and 281.69 (3) (b)
42.; and to create 23.32 (1) (ag), 61.351 (1) (ag), 61.351 (1) (am), 62.231 (1) (ag)
5and 62.231 (1) (am) of the statutes; relating to: mapping and zoning of certain
6wetlands.
Analysis by the Legislative Reference Bureau
Currently, the department of natural resources (DNR) is required to map all
wetlands in the state that have an area of five acres or more. This bill requires that
DNR map all wetlands in the state that have an area of two acres or more. The bill
also requires that DNR map those wetlands that are contiguous to wetlands that are
over two acres in area. The bill defines a contiguous wetland to be a wetland that
is less than two acres in area, that is located in a shoreland, that is bordering or
adjacent to another wetland, that is in the same wetland system as the other wetland
and that has interdependent functions with the other wetland. Current law defines
"shorelands" as lands within certain distances of navigable waters.
Under current law, villages and cities must enact specific zoning ordinances to
regulate activities in wetlands that have an area of five acres or more and that are
located in shorelands. The bill expands the wetland zoning requirement for cities
and villages to cover wetlands that have an area of two acres or more and to cover
the contiguous wetlands to those wetlands.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB57, s. 1 1Section 1. 23.32 (1) of the statutes is renumbered 23.32 (1) (intro.) and
2amended to read:
SB57,2,33 23.32 (1) (intro.) In this section "wetland" :
SB57,2,6 4(b) "Wetland" means an area where water is at, near, or above the land surface
5long enough to be capable of supporting aquatic or hydrophytic vegetation and which
6has soils indicative of wet conditions.
SB57, s. 2 7Section 2. 23.32 (1) (ag) of the statutes is created to read:
SB57,2,118 23.32 (1) (ag) "Contiguous wetland" means a wetland that is less than 2 acres
9in area, that is located in a shoreland, as defined in s. 59.692 (1) (b), that is bordering
10or adjacent to another wetland, that is in the same wetland system as the other
11wetland and that has interdependent functions with the other wetland.
SB57, s. 3 12Section 3. 23.32 (2) (a) of the statutes is amended to read:
SB57,2,1713 23.32 (2) (a) For the purpose of advancing the conservation of wetland
14resources the department shall prepare or cause to be prepared maps that, at a
15minimum, identify as accurately as is practicable the individual wetlands in the
16state which have an area of 5 2 acres or more and any contiguous wetlands to those
17wetlands
.
SB57, s. 4 18Section 4. 23.32 (2) (b) of the statutes is amended to read:
SB57,3,219 23.32 (2) (b) Mapping priorities, technical methods and standards to be used
20in delineating wetlands and a long-term schedule which will result in completion of
21the mapping effort at the earliest possible date, but not later than July 1, 1984,
shall

1be developed by the department in cooperation with those other state agencies
2having mapping, aerial photography and comprehensive planning responsibilities.
SB57, s. 5 3Section 5. 61.351 (1) (a) of the statutes is renumbered 61.351 (1) (ar).
SB57, s. 6 4Section 6. 61.351 (1) (ag) of the statutes is created to read:
SB57,3,55 61.351 (1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
SB57, s. 7 6Section 7. 61.351 (1) (am) of the statutes is created to read:
SB57,3,77 61.351 (1) (am) "Department" means the department of natural resources.
SB57, s. 8 8Section 8. 61.351 (1) (b) of the statutes is amended to read:
SB57,3,109 61.351 (1) (b) "Wetlands" " Wetland" has the meaning specified under s. 23.32
10(1) (b).
SB57, s. 9 11Section 9. 61.351 (2) of the statutes is amended to read:
SB57,3,1512 61.351 (2) Filled wetlands. Any wetlands which are filled prior to the date
13on which a village receives a final wetlands map from the department of natural
14resources
in a manner which affects their characteristics as wetlands are filled
15wetlands and not subject to an ordinance adopted under this section.
SB57, s. 10 16Section 10. 61.351 (3) of the statutes is amended to read:
SB57,3,2417 61.351 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to
18promote the public health, safety and general welfare, each village shall zone by
19ordinance all any unfilled wetlands wetland of 5 2 acres or more which are and any
20contiguous wetland to that wetland that is
shown on the final wetland inventory
21maps prepared by the department of natural resources for the village under s. 23.32,
22which are that is located in any shorelands and which are that is within its
23incorporated area. A village may zone by ordinance any unfilled wetlands which are
24within its incorporated area at any time.
SB57, s. 11 25Section 11. 61.351 (6) of the statutes is amended to read:
SB57,4,9
161.351 (6) Failure to adopt ordinance. If any village does not adopt an
2ordinance required under sub. (3) within 6 months after receipt of final wetland
3inventory maps prepared by the department of natural resources for the village
4under s. 23.32, or if the department of natural resources, after notice and hearing,
5determines that a village adopted an ordinance which fails to meet reasonable
6minimum standards in accomplishing the shoreland protection objectives of s.
7281.31 (1), the department of natural resources shall adopt an ordinance for the
8village. As far as applicable, the procedures set forth in s. 87.30 apply to this
9subsection.
SB57, s. 12 10Section 12. 62.231 (1) (a) of the statutes is renumbered 62.231 (1) (ar).
SB57, s. 13 11Section 13. 62.231 (1) (ag) of the statutes is created to read:
SB57,4,1212 62.231 (1) (ag) "Contiguous wetland" has the meaning given in s. 23.32 (1) (ag).
SB57, s. 14 13Section 14. 62.231 (1) (am) of the statutes is created to read:
SB57,4,1414 62.231 (1) (am) "Department" means the department of natural resources.
SB57, s. 15 15Section 15. 62.231 (1) (b) of the statutes is amended to read:
SB57,4,1716 62.231 (1) (b) "Wetlands" " Wetland" has the meaning specified under s. 23.32
17(1) (b).
SB57, s. 16 18Section 16. 62.231 (2) of the statutes is amended to read:
SB57,4,2219 62.231 (2) Filled wetlands. Any wetlands which are filled prior to the date
20on which a city receives a final wetlands map from the department of natural
21resources
in a manner which affects their characteristics as wetlands are filled
22wetlands and not subject to an ordinance adopted under this section.
SB57, s. 17 23Section 17. 62.231 (3) of the statutes is amended to read:
SB57,5,624 62.231 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to
25promote the public health, safety and general welfare, each city shall zone by

1ordinance all any unfilled wetlands wetland of 5 2 acres or more which are and any
2contiguous wetland to that wetland that is
shown on the final wetland inventory
3maps prepared by the department of natural resources for the city under s. 23.32,
4which are that is located in any shorelands and which are that is within its
5incorporated area. A city may zone by ordinance any unfilled wetlands which are
6within its incorporated area at any time.
SB57, s. 18 7Section 18. 62.231 (6) of the statutes is amended to read:
SB57,5,158 62.231 (6) Failure to adopt ordinance. If any city does not adopt an ordinance
9required under sub. (3) within 6 months after receipt of final wetland inventory maps
10prepared by the department of natural resources for the city under s. 23.32, or if the
11department of natural resources, after notice and hearing, determines that a city
12adopted an ordinance which fails to meet reasonable minimum standards in
13accomplishing the shoreland protection objectives of s. 281.31 (1), the department of
14natural resources
shall adopt an ordinance for the city. As far as applicable, the
15procedures set forth in s. 87.30 apply to this subsection.
SB57, s. 19 16Section 19. 281.69 (3) (b) 2. of the statutes is amended to read:
SB57,5,1817 281.69 (3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1) (b), if
18the restoration will protect or improve a lake's water quality or its natural ecosystem.
SB57,5,1919 (End)
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