LRB-3193/1
RNK:bjk:rs
2007 - 2008 LEGISLATURE
March 5, 2008 - Introduced by Representatives Bies, Berceau, Hebl, A. Ott,
Owens, Soletski
and Townsend, cosponsored by Senators Miller, Wirch,
Cowles, Robson, A. Lasee, Risser
and Lehman. Referred to Committee on
Natural Resources.
AB915,1,8 1An Act to amend 20.370 (4) (bi); and to create 23.321, 23.323, 59.691, 60.625,
261.352, 62.232 and 101.02 (23) of the statutes; relating to: notices concerning
3construction near or on lakes, streams, or wetlands that are given to applicants
4for building permits and other construction approvals, requiring the
5Department of Natural Resources to furnish informational brochures about
6wetlands laws, requiring the Department of Natural Resources to provide
7evaluations and statements about whether certain land contains wetlands, and
8making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources (DNR) to provide
certain services relating to wetlands to persons who own or lease land. Under the
bill, a wetland is an area where water is at, near, or above the land surface long
enough to be capable of supporting aquatic or hydrophytic vegetation and that has
soils indicative of wet conditions. The bill requires DNR to provide, for a fee, a
wetland map review, a wetland identification, or a wetland confirmation upon
request by a person who owns or leases land.
Under the bill, a wetland map review consists of a written evaluation, based
upon a review of wetland maps prepared by DNR or other information available to

DNR, of whether a parcel of land is likely to contain a wetland. A wetland
identification consists of a written evaluation, based upon an on-site inspection of
the land by DNR, of whether a parcel of land contains a wetland. A wetland
confirmation consists of a written statement, based upon an on-site inspection of the
land by DNR, of whether DNR concurs with the boundaries of a wetland as
delineated by a 3rd person. The bill establishes deadlines under which DNR must
provide these services after a person files a request for the service. The bill specifies
that if adverse weather conditions prevent DNR from conducting an accurate on-site
inspection for a wetland identification or a wetland confirmation, DNR may provide
the service as soon as possible after weather conditions allow DNR to conduct an
accurate on-site inspection.
The bill also requires that each county, city, village, and town (municipality)
that issues a building permit or other approval for construction activity must give
the applicant a written notice that contains information about construction near or
on wetlands including a statement that advises the applicant that the applicant is
responsible for complying with state and federal laws concerning construction near
or on wetlands, lakes, and streams. The bill requires the Department of Commerce
(Commerce) to include this notice on every standard building permit form that it
prescribes. The bill provides that a municipality is not required to give the notice if
it issues a building permit on a standard building permit form prescribed by
Commerce. If the municipality is required to give the notice, the bill provides that
the municipality must require the applicant for the building permit to sign a
statement acknowledging that the person has received the notice.
The bill also requires DNR to furnish an informational brochure to
municipalities for distribution to the public that describes the laws that apply to
wetlands.
For further information see the state 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:
AB915, s. 1 1Section 1. 20.370 (4) (bi) of the statutes is amended to read:
AB915,2,62 20.370 (4) (bi) Water regulation and zoning — fees. From the general fund, all
3moneys received under ss. 23.32 (3), 23.321, 30.28, 31.39 and 281.22 for activities
4relating to permits and approvals issued under chs. 30 and 31, water quality
5standards under subch. II of ch. 281 and for wetland mapping under s. 23.32 and
6wetlands services under s. 23.321
.
AB915, s. 2 7Section 2. 23.321 of the statutes is created to read:
AB915,3,2
123.321 Wetland map review, identification, and confirmation. (1) In
2this section, "wetland" has the meaning given in s. 23.32 (1).
AB915,3,4 3(2) Any person who owns or leases land may request that the department
4provide any of the following services for the fee specified in sub. (3):
AB915,3,95 (a) A wetland map review that consists of a written evaluation, based upon a
6review of wetland maps prepared by the department under s. 23.32 or other
7information available to the department, of whether a parcel of land is likely to
8contain a wetland. The evaluation shall describe the method used by the department
9to review the wetland maps.
AB915,3,1310 (b) A wetland identification that consists of a written evaluation, based upon
11an on-site inspection of the land by the department, of whether a parcel of land
12contains a wetland. The department shall provide a wetland identification only for
13a parcel of land, or a part of a parcel of land, that does not exceed 5 acres.
AB915,3,1614 (c) A wetland confirmation that consists of a written statement, based upon an
15on-site inspection of the land by the department, of whether the department concurs
16with the boundaries of a wetland as delineated by a 3rd person.
AB915,3,18 17(3) The department shall charge the following fee for services provided under
18sub. (2):
AB915,3,1919 (a) For a wetland map review under sub. (2) (a), $50.
AB915,3,2120 (b) For a wetland identification under sub. (2) (b), $300 for each acre inspected
21by the department.
AB915,3,2322 (c) For a wetland confirmation under sub. (2) (c), $300 for each 20 acres
23inspected by the department.
AB915,3,25 24(4) (a) Except as provided under par. (b), the department shall do all of the
25following:
AB915,4,3
11. Provide a wetland map review not later than 15 days after a person files a
2request, in the manner and form required by the department, for a wetland map
3review.
AB915,4,64 2. Provide a wetland identification not later than 30 days after a person files
5a request, in the manner and form required by the department, for a wetland
6identification.
AB915,4,97 3. Provide a wetland confirmation not later than 30 days after a person files
8a request, in the manner and form required by the department, for a wetland
9confirmation.
AB915,4,2110 (b) If adverse weather conditions prevent the department from conducting an
11accurate on-site inspection under sub. (2) (b) or (c) in sufficient time to comply with
12the deadline under par. (a), the department shall provide a wetland identification
13under sub. (2) (b) or a wetland confirmation under sub. (2) (c) as soon as possible after
14weather conditions allow the department to conduct an accurate on-site inspection.
15Within 30 days after determining that adverse weather conditions will prevent the
16department from complying with the deadline under par. (a), the department shall
17give notice to the person requesting the wetland identification or wetland
18confirmation that adverse weather conditions will prevent the department from
19complying with the deadline and giving notice to the person that the department will
20provide the wetland identification or wetland confirmation as soon as possible after
21weather conditions allow the department to conduct an accurate on-site inspection.
AB915, s. 3 22Section 3. 23.323 of the statutes is created to read:
AB915,4,25 2323.323 Wetlands informational brochure. The department shall furnish
24an informational brochure to cities, villages, towns, and counties for distribution to
25the public that describes the laws that apply to wetlands.
AB915, s. 4
1Section 4. 59.691 of the statutes is created to read:
AB915,5,3 259.691 Required notice on certain approvals. (1) In this section,
3"wetland" has the meaning given in s. 23.32 (1).
AB915,5,6 4(2) (a) Except as provided in par. (b), a county that issues a building permit or
5other approval for construction activity, shall give the applicant a written notice as
6specified in subs. (3) and (4) at the time the building permit is issued.
AB915,5,97 (b) 1. A county is not required to give the notice under par. (a) at the time that
8it issues a building permit if the county issues the building permit on a standard
9building permit form prescribed by the department of commerce.
AB915,5,1410 2. A county is not required to give the notice under par. (a) at the time that it
11issues a building permit or other approval if the building permit or other approval
12is for construction activity that does not involve any land disturbing activity
13including removing protective ground cover or vegetation, or excavating, filling,
14covering, or grading land.
AB915,5,24 15(3) Each notice shall contain the following language: "YOU ARE
16RESPONSIBLE FOR COMPLYING WITH STATE AND FEDERAL LAWS
17CONCERNING CONSTRUCTION NEAR OR ON WETLANDS, LAKES, AND
18STREAMS. WETLANDS THAT ARE NOT ASSOCIATED WITH OPEN WATER
19CAN BE DIFFICULT TO IDENTIFY. FAILURE TO COMPLY MAY RESULT IN
20REMOVAL OR MODIFICATION OF CONSTRUCTION THAT VIOLATES THE
21LAW OR OTHER PENALTIES OR COSTS. FOR MORE INFORMATION, VISIT
22THE DEPARTMENT OF NATURAL RESOURCES WETLANDS
23IDENTIFICATION WEB PAGE OR CONTACT A DEPARTMENT OF NATURAL
24RESOURCES SERVICE CENTER."
AB915,6,2
1(4) The notice required in sub. (2) (a) shall contain the electronic Web site
2address that gives the recipient of the notice direct contact with that Web site.
AB915,6,5 3(5) A county in issuing a notice under this section shall require that the
4applicant for the building permit sign a statement acknowledging that the person
5has received the notice.
AB915, s. 5 6Section 5. 60.625 of the statutes is created to read:
AB915,6,8 760.625 Required notice on certain approvals. (1) In this section,
8"wetland" has the meaning given in s. 23.32 (1).
AB915,6,11 9(2) (a) Except as provided in par. (b), a town that issues a building permit or
10other approval for construction activity, shall give the applicant a written notice as
11specified in subs. (3) and (4) at the time the building permit is issued.
AB915,6,1412 (b) 1. A town is not required to give the notice under par. (a) at the time that
13it issues a building permit if the county issues the building permit on a standard
14building permit form prescribed by the department of commerce.
AB915,6,1915 2. A town is not required to give the notice under par. (a) at the time that it
16issues a building permit or other approval if the building permit or other approval
17is for construction activity that does not involve any land disturbing activity
18including removing protective ground cover or vegetation, or excavating, filling,
19covering, or grading land.
AB915,7,4 20(3) Each notice shall contain the following language: "YOU ARE
21RESPONSIBLE FOR COMPLYING WITH STATE AND FEDERAL LAWS
22CONCERNING CONSTRUCTION NEAR OR ON WETLANDS, LAKES, AND
23STREAMS. WETLANDS THAT ARE NOT ASSOCIATED WITH OPEN WATER
24CAN BE DIFFICULT TO IDENTIFY. FAILURE TO COMPLY MAY RESULT IN
25REMOVAL OR MODIFICATION OF CONSTRUCTION THAT VIOLATES THE

1LAW OR OTHER PENALTIES OR COSTS. FOR MORE INFORMATION, VISIT
2THE DEPARTMENT OF NATURAL RESOURCES WETLANDS
3IDENTIFICATION WEB PAGE OR CONTACT A DEPARTMENT OF NATURAL
4RESOURCES SERVICE CENTER."
AB915,7,6 5(4) The notice required in sub. (2) (a) shall contain the electronic Web site
6address that gives the recipient of the notice direct contact with that Web site.
AB915,7,9 7(5) A town in issuing a notice under this section shall require that the applicant
8for the building permit sign a statement acknowledging that the person has received
9the notice.
AB915, s. 6 10Section 6. 61.352 of the statutes is created to read:
Loading...
Loading...