LRBb3008/1
RNK&MGG:cjs:jf
January 2002 Special Session
2001 - 2002 LEGISLATURE
SENATE AMENDMENT 3,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
April 5, 2002 - Offered by Senator
Moen.
AB1-SSA1-SA3,1,3
3"
Section 150c. 59.692 (6m) of the statutes is amended to read:
AB1-SSA1-SA3,1,84
59.692
(6m) For an amendment to an ordinance enacted under this section that
5affects an activity that meets all of the requirements under s. 281.165 (2)
or (3) (a),
6the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review
7the amendment, to determine whether the ordinance, as amended, fails to meet the
8shoreland zoning standards.
AB1-SSA1-SA3,2,210
62.231
(6m) Certain amendments to ordinances. For an amendment to an
11ordinance enacted under this section that affects an activity that meets all of the
12requirements under s. 281.165 (2)
or (3) (a), the department of natural resources may
1not proceed under sub. (6), or otherwise review the amendment, to determine
2whether the ordinance, as amended, fails to meet reasonable minimum standards.".
AB1-SSA1-SA3,2,4
4"
Section 259g. 87.30 (1) (d) of the statutes is amended to read:
AB1-SSA1-SA3,2,85
87.30
(1) (d) For an amendment to a floodplain zoning ordinance that affects
6an activity that meets all of the requirements under s. 281.165 (2)
or (3) (a), the
7department may not proceed under this subsection, or otherwise review the
8amendment, to determine whether the ordinance, as amended, is insufficient.".
AB1-SSA1-SA3,2,1811
281.165
(1) Compliance; exemption. An activity shall be considered to comply
12with the water quality standards that are applicable to wetlands and that are
13promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction,
14requirement, permit, license, approval, authorization, fee, notice, hearing,
15procedure
, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292
, 16or 299 or specified under any rule promulgated, order issued
, or ordinance adopted
17under any of those sections or chapters, if the activity meets all of the requirements
18under
either sub. (2)
or (3).
AB1-SSA1-SA3,2,2020
281.165
(2) (title)
Trempealeau County Requirements.
AB1-SSA1-SA3,3,222
281.165
(2) (am) At least 2 acres of wetland will be restored or created as
23mitigation for each acre of wetland affected by the activity, and the restored or
1created wetland shall be located upstream from the site of the activity and located
2within the same watershed as the wetland area to be affected.
AB1-SSA1-SA3,3,54
281.165
(2) (c) The site of the activity is within the corporate limits of a city
or
5village on January 1, 1999.
AB1-SSA1-SA3,3,107
281.165
(2) (d) The governing body of the city
or village adopts a resolution
8stating that the exemption under this section is necessary to protect jobs that exist
9in the city
or village on the date of the adoption of the resolution or is necessary to
10promote job creation.
AB1-SSA1-SA3,3,1313
281.165
(2) (f) The governor selects the activity as provided in sub. (4).
AB1-SSA1-SA3,3,1816
281.165
(4) Selection by governor. (a) Any city or village seeking to be
17selected for the exemption under sub. (1) shall submit the adopted resolution
18required under sub. (2) (d) to the governor before December 31, 2002.
AB1-SSA1-SA3,3,2119
(b) The governor shall select one activity within the state that the governor
20determines meets the requirements in sub. (2) (a) to (d) to receive the exemption
21under sub. (1).
AB1-SSA1-SA3,3,24
22(5) Restored or created wetlands. (a) Upon selection of the activity by the
23governor under sub. (4), the rules under ss. NR 350.05, 350.08, 350.09, and 350.10,
24Wis. Adm. Code, shall apply to the mitigation project under under sub. (2) (am).
AB1-SSA1-SA3,4,9
1(b) The mitigation project under sub. (2) (am) shall include the granting of a
2conservation easement under s. 700.40 to the department to ensure that the restored
3or created wetland will not be destroyed or substantially degraded by any
4subsequent owner of or holder of interest in the property on which the wetland is
5located. At a minimum, the conservation easement shall include any zone of
6vegetated upland adjacent to the wetland that the department determines is
7adequate to filter runoff from entering the restored or created wetland. The
8department shall modify or release a conservation easement issued under this
9paragraph if the conditions in s. 281.37 (2m) (b) apply.
AB1-SSA1-SA3,4,1210
(c) Any agent or employee of the department shall, at all times, be given
11reasonable access to any and all parts of a mitigation project site and may enter upon
12any property to investigate the mitigation project.".