AB1041: Bill Text

LRB-4528/2

RNK:jld:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 1041

February 20, 2006 - Introduced by Representatives Bies, F. Lasee, Ainsworth, Ballweg, Gielow, Gunderson, Hahn, Hines, Honadel, Hundertmark, Jensen, Jeskewitz, Kestell, Kleefisch, Krawczyk, LeMahieu, Loeffelholz, Lothian, Montgomery, Moulton, Mursau, Nerison, Newcomer, Nischke, Ott, Petrowski, Pettis, Pridemore, Townsend, Vos, M. Williams and Wood, cosponsored by Senators A. Lasee, Brown, Darling, S. Fitzgerald, Kanavas, Reynolds, Stepp and Zien. Referred to Committee on Natural Resources.

AB1041,1,3 An Act to amend 281.165 (1); and to create 281.165 (4) of the statutes; relating to: creating an exemption for certain wetlands for the construction of a structure located in the town of Franklin, Kewaunee County.

Analysis by the Legislative Reference Bureau

Under current law, a person may not discharge dredged or fill material into certain wetlands unless the discharge is authorized by a certification from the Department of Natural Resources (DNR) that the discharge will meet all applicable state water quality standards. Current law also provides that, with certain exceptions, a person may not deposit material or place a structure upon the bed of a navigable water without a permit from DNR.

This bill creates an exemption for certain wetlands from the DNR water quality certification process and from the requirement to obtain certain approvals from DNR. Under the bill, an activity is considered to comply with the water quality standards that are applicable to wetlands if the wetland area that will be affected by the activity is less than one-half acre in size, the activity is the construction of a structure to be used as a shed, the site of the activity is located on specifically described property in Kewaunee County, all required approvals for the activity, including building permits, have been issued by the town of Franklin in Kewaunee County, and the activity was commenced before the bill's effective date. Such an activity is also exempt, under the bill, from obtaining certain approvals from DNR that would otherwise be required for that activity.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1041, s. 1 Section 1. 281.165 (1) of the statutes is amended to read:

AB1041,2,9 281.165 (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or, (3) or (4).

AB1041, s. 2 Section 2. 281.165 (4) of the statutes is created to read:

AB1041,2,13 281.165 (4) Kewaunee County. Subsection (1) applies to an activity commenced before the effective date of this subsection .... [revisor inserts date], that meets all of the following requirements:

AB1041,2,15 (a) The town of Franklin, Kewaunee County, has issued all approvals, including building permits, that the town requires to be issued for the activity.

AB1041,2,16 (b) The wetland area affected by the activity is less than one-half acre in size.

AB1041,2,18 (c) The activity is the construction of a structure to be used as a shed and the construction of improvements attendant to that structure.

AB1041,3,3 (d) The site of the activity is located on property described as the north 1/2 of the NW corner of the SE corner of section 12, township 22 north, range 23 east in the town of Franklin, Kewaunee County.

AB1041,3,4 (End)