AB926,197,322 88.31 (6) The department of natural resources environmental quality may
23require the applicant for the permit to submit a plan for the work to be done in the
24waters in question and may amend or modify such plan before approving it. The
25department may at any time, on the application of any interested person, further

1amend such plan when the same can be done without materially impairing the
2navigability of any such waters and without materially impairing any other public
3right.
AB926, s. 821 4Section 821. 88.62 (3) of the statutes is amended to read:
AB926,197,85 88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage
6board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the
7department of natural resources environmental quality, except as provided in par.
8(b).
AB926,197,129 (b) If drainage work is undertaken in navigable waters located in the Duck
10Creek Drainage District, the board for that district shall obtain a permit under s.
1130.20 or ch. 31, as directed by the department of natural resources environmental
12quality
.
AB926, s. 822 13Section 822. 88.72 (4) of the statutes is amended to read:
AB926,197,2014 88.72 (4) Within 30 days after the department of natural resources
15environmental quality has issued all of the permits as required under this chapter
16and chs. 30 and 31, the board shall proceed to estimate the cost of the work, including
17the expenses of the proceeding together with the damages that will result from the
18work, and shall, within a reasonable time, award damages to all lands damaged by
19the work and assess the cost of the work against the lands in the district in proportion
20to the assessment of benefits then in force.
AB926, s. 823 21Section 823. 91.46 (1) (i) of the statutes, as created by 2009 Wisconsin Act 28,
22is amended to read:
AB926,197,2423 91.46 (1) (i) Oil and gas exploration or production that is licensed by the
24department of natural resources environmental quality under subch. II of ch. 295.
AB926, s. 824 25Section 824. 92.04 (2) (e) of the statutes is amended to read:
AB926,198,4
192.04 (2) (e) Review joint evaluation plan. The board shall review the
2evaluation plan prepared under s. 92.14 (13). After its review, the board shall make
3recommendations on the plan to the department and to the department of natural
4resources
environmental quality.
AB926, s. 825 5Section 825. 92.05 (1) of the statutes is amended to read:
AB926,198,146 92.05 (1) Central agency. The department is the central agency of this state
7responsible for setting and implementing statewide soil and water conservation
8policies and administering the state's soil and water conservation programs. The
9department shall coordinate its soil and water conservation program with the
10nonpoint source water pollution abatement program established under s. 281.65, the
11inland lake protection and rehabilitation program established under ch. 33 and other
12programs with objectives related to soil and water conservation administered by the
13department of natural resources environmental quality or by other state or federal
14agencies.
AB926, s. 826 15Section 826. 92.10 (6) (a) 1. of the statutes is amended to read:
AB926,198,1816 92.10 (6) (a) 1. Includes an assessment of water quality and soil erosion
17conditions throughout the county, including any assessment available from the
18department of natural resources environmental quality.
AB926, s. 827 19Section 827. 92.10 (8) of the statutes is amended to read:
AB926,198,2520 92.10 (8) Duties of the department of natural resources environmental
21quality
. The department of natural resources environmental quality shall provide
22counties with assistance in land and water resource management planning,
23including providing available water quality data and information, providing
24training and support for water resource assessments and appraisals and providing
25related program information.
AB926, s. 828
1Section 828. 92.14 (2) (j) of the statutes is amended to read:
AB926,199,52 92.14 (2) (j) Enhancing the administration and coordination of state nonpoint
3source water pollution abatement activities by the department and the department
4of natural resources environmental quality, including providing a single process for
5grant application, funding allocation, reporting and evaluation.
AB926, s. 829 6Section 829. 92.14 (6) (b) of the statutes is amended to read:
AB926,199,147 92.14 (6) (b) The department and the department of natural resources
8environmental quality shall prepare an annual grant allocation plan identifying the
9amounts to be provided to counties under this section and ss. 281.65 and 281.66. In
10the allocation plan, the departments shall attempt to provide funding under this
11section for an average of 3 staff persons per county with full funding for the first staff
12person, 70% funding for the 2nd staff person and 50% funding for any additional staff
13persons and to provide an average of $100,000 per county for cost-sharing grants.
14The department shall submit that plan to the board.
AB926, s. 830 15Section 830. 92.14 (6) (d) of the statutes is amended to read:
AB926,199,1916 92.14 (6) (d) The board shall review the annual allocation plan submitted to
17it under par. (b) and make recommendations to the department of agriculture, trade
18and consumer protection and the department of natural resources environmental
19quality
on approval, modification or disapproval of the plan.
AB926, s. 831 20Section 831. 92.14 (6) (h) 3. of the statutes is amended to read:
AB926,199,2221 92.14 (6) (h) 3. Nothing in this paragraph affects the authority of the
22department of natural resources environmental quality to act under ch. 283.
AB926, s. 832 23Section 832. 92.14 (6) (m) of the statutes is amended to read:
AB926,200,3
192.14 (6) (m) The department of agriculture, trade and consumer protection
2and the department of natural resources environmental quality shall assist counties
3in conducting the activities for which grants under sub. (3) may be used.
AB926, s. 833 4Section 833. 92.14 (8) of the statutes is amended to read:
AB926,200,75 92.14 (8) Rules. In consultation with the department of natural resources
6environmental quality, the department shall promulgate rules to administer this
7section and the department's duties under s. 281.65.
AB926, s. 834 8Section 834. 92.14 (12) of the statutes is amended to read:
AB926,200,119 92.14 (12) Annual report. Annually, the department, in cooperation with the
10department of natural resources environmental quality, shall submit a report on the
11progress of the program under this section and s. 281.65 to the board.
AB926, s. 835 12Section 835. 92.14 (13) of the statutes is amended to read:
AB926,200,2113 92.14 (13) Evaluation plan. The department, jointly with the department of
14natural resources environmental quality, shall prepare a plan, which includes water
15quality monitoring and analysis, for evaluating the program administered under
16this section and s. 281.65 and submit the plan to the board. The board shall make
17recommendations to the department and the department of natural resources
18environmental quality on the plan. The department shall review and approve or
19disapprove the plan and shall notify the board of its final action on the plan. The
20department shall implement any part of the plan for which the plan gives it
21responsibility.
AB926, s. 836 22Section 836. 92.14 (14) of the statutes is amended to read:
AB926,201,523 92.14 (14) Application, allocation, reporting and evaluation. The
24department, jointly with the department of natural resources environmental quality,
25shall develop a single set of grant application, reporting and evaluation forms for use

1by counties receiving grants under this section and ss. 281.65 and 281.66. The
2department, jointly with the department of natural resources environmental quality,
3shall implement a single process for grant application, funding allocation, reporting
4and evaluation for counties receiving grants under this section and ss. 281.65 and
5281.66.
AB926, s. 837 6Section 837. 92.14 (14m) of the statutes is amended to read:
AB926,201,117 92.14 (14m) Coordination. The department of agriculture, trade and
8consumer protection and the department of natural resources environmental
9quality
, jointly, shall review applications from counties for grants under sub. (5r)
10and, for projects and activities selected to receive funding shall determine whether
11to provide funding under this section or under s. 281.65 or 281.66.
AB926, s. 838 12Section 838. 92.14 (15) of the statutes is amended to read:
AB926,201,1513 92.14 (15) Financial information. The department shall consult with the
14department of natural resources environmental quality when it prepares the
15information which it submits to the department of administration under s. 16.42.
AB926, s. 839 16Section 839. 92.15 (3) of the statutes is amended to read:
AB926,201,2317 92.15 (3) (a) Notwithstanding ss. 92.11 and 92.17, a local governmental unit
18may enact regulations of livestock operations that exceed the performance
19standards, prohibitions, conservation practices and technical standards under s.
20281.16 (3) only if the local governmental unit demonstrates to the satisfaction of the
21department of agriculture, trade and consumer protection or the department of
22natural resources environmental quality that the regulations are necessary to
23achieve water quality standards under s. 281.15.
AB926,202,224 (b) The department of agriculture, trade and consumer protection and the
25department of natural resources environmental quality shall, by rule, specify

1procedures for review and approval of proposed local governmental unit regulations
2under par. (a).
AB926, s. 840 3Section 840. 92.18 (4) of the statutes is amended to read:
AB926,202,54 92.18 (4) The department shall promulgate rules under this section in
5consultation with the department of natural resources environmental quality.
AB926, s. 841 6Section 841. 92.18 (5) of the statutes is amended to read:
AB926,202,97 92.18 (5) Any training required under this section may be conducted by the
8department or the department of natural resources environmental quality or by
9another person with the approval of the department.
AB926, s. 842 10Section 842. 93.06 (3m) of the statutes is created to read:
AB926,202,1311 93.06 (3m) Camp fires. Regulate camp fires and smoking in state forests at
12such times and in such designated localities, as it may find reasonably necessary to
13reduce the danger of destructive forest fires.
AB926, s. 843 14Section 843. 93.07 (12) of the statutes is amended to read:
AB926,202,2115 93.07 (12) Plant pests. To conduct surveys and inspections for the detection
16and control of pests injurious to plants, make, modify, and enforce reasonable rules
17needed to prevent the dissemination of pests, declare and manage emergencies
18relating to the detection and control of pests injurious to plants, provided that such
19declaration does not supersede the authority of the chief state forester under s.

2023.114 or the department of natural resources under s. 26.30, and suggest methods
21of control.
AB926, s. 844 22Section 844. 93.077 of the statutes is created to read:
AB926,203,2 2393.077 Sale of aerial photographic survey products. The department
24may sell to any person the selection of photographic products from the aerial
25photographic survey conducted under s. 23.325. The department may retain an

1amount equal to the costs that it incurs in selling and reproducing the photographic
2products.
AB926, s. 845 3Section 845. 93.12 (5) of the statutes is amended to read:
AB926,203,104 93.12 (5) The department shall establish uniform minimum standards to be
5used in the evaluation and certification of laboratory examinations. The department
6shall submit any rules proposed under this subsection which affect the laboratory
7certification program under s. 299.11 to the department of natural resources
8environmental quality and to the state laboratory of hygiene for review and
9comment. These rules may not take effect unless they are approved by the
10department of natural resources within 6 months after submission.
AB926, s. 846 11Section 846. 93.12 (8) of the statutes is amended to read:
AB926,203,1712 93.12 (8) The department shall enter into a memorandum of understanding
13with the department of natural resources environmental quality setting forth the
14responsibilities of each department in administering the laboratory certification
15programs under sub. (5) and s. 299.11. The memorandum of understanding shall
16include measures to be taken by each department to avoid duplication of application
17and compliance procedures for laboratory certification.
AB926, s. 847 18Section 847. 93.12 (9) of the statutes is amended to read:
AB926,203,2219 93.12 (9) The department shall recognize the certification or registration of a
20laboratory by the department of natural resources environmental quality under s.
21299.11 and shall accept the results of any test conducted by a laboratory certified or
22registered to conduct that category of test under that section.
AB926, s. 848 23Section 848. 93.46 (1m) (b) of the statutes is amended to read:
AB926,204,224 93.46 (1m) (b) The department of natural resources and the department of
25environmental quality
shall assist persons in obtaining any license or approval

1required by any state or federal agency to conduct a commercial aquaculture
2operation.
AB926, s. 849 3Section 849. 93.77 of the statutes is created to read:
AB926,204,7 493.77 Forest land plans and management. (1) If the department develops,
5reviews, or implements a master plan or a management plan for any forest land
6under the jurisdiction of the department, the department shall consult with the chief
7state forester.
AB926,204,10 8(2) The department shall manage forest land under its jurisdiction in a manner
9that is consistent with, and that furthers the purpose of, the designation of that forest
10land as a state forest or similar designation.
AB926, s. 850 11Section 850. 93.90 (5) (c) of the statutes is amended to read:
AB926,204,2212 93.90 (5) (c) Upon receiving the certified copy of the record under par. (bm), the
13board shall determine whether the challenge is valid. The board shall make its
14decision without deference to the decision of the political subdivision and shall base
15its decision only on the evidence in the record under sub. (4) (b). In a case that
16involves the application of requirements related to water quality, the board shall
17consult with the department of agriculture, trade and consumer protection or with
18the department of natural resources environmental quality concerning the
19application of the requirements related to water quality. The board shall make its
20decision within 60 days after the day on which it receives the certified copy of the
21record under par. (bm), except that the board may extend this time limit for good
22cause specified in writing by the board.
AB926, s. 851 23Section 851. 94.65 (3) (a) 3. of the statutes is amended to read:
AB926,205,3
194.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge
2under a pollutant discharge elimination system permit issued by the department of
3natural resources environmental quality under s. 283.31 or 283.35.
AB926, s. 852 4Section 852. 94.73 (1) (b) of the statutes is amended to read:
AB926,205,125 94.73 (1) (b) "Corrective action" means action that is taken in response to a
6discharge and that is necessary to restore the environment to the extent practicable
7and to minimize the harmful effects of the discharge to the air, lands or waters of this
8state. "Corrective action" includes action taken or ordered by the department of
9natural resources environmental quality under s. 292.11 (7) in response to a
10discharge, but does not include action ordered by the department of natural
11resources
environmental quality under s. 291.37 (2) or 291.95. "Corrective action"
12does not include action taken, or ordered to be completed, before January 1, 1989.
AB926, s. 853 13Section 853. 94.73 (2) (a) of the statutes is amended to read:
AB926,205,1914 94.73 (2) (a) The department may issue an order requiring a responsible person
15to take corrective action. Except as provided in a memorandum of understanding
16under sub. (12), if a discharge involves a hazardous substance that may also become
17a hazardous waste, the department and the department of natural resources
18environmental quality shall consult to determine whether corrective action should
19be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).
AB926, s. 854 20Section 854. 94.73 (2m) (intro.) of the statutes is amended to read:
AB926,205,2521 94.73 (2m) Corrective action ordered by the department of natural
22resources
environmental quality. (intro.) The department of natural resources
23environmental quality may take action under s. 292.11 (7) (a) or may issue an order
24under s. 292.11 (7) (c) in response to a discharge only if one or more of the following
25apply:
AB926, s. 855
1Section 855. 94.73 (2m) (b) of the statutes is amended to read:
AB926,206,42 94.73 (2m) (b) The department of agriculture, trade and consumer protection
3requests the department of natural resources environmental quality to take the
4action or issue the order.
AB926, s. 856 5Section 856. 94.73 (2m) (c) of the statutes is amended to read:
AB926,206,86 94.73 (2m) (c) The secretary of natural resources environmental quality
7approves the action or order in advance after notice to the secretary of agriculture,
8trade and consumer protection.
AB926, s. 857 9Section 857. 94.73 (2m) (d) of the statutes is amended to read:
AB926,206,1210 94.73 (2m) (d) The department of natural resources environmental quality
11takes action under s. 292.11 (7) (a) after the responsible person fails to comply with
12an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.
AB926, s. 858 13Section 858. 94.73 (2m) (e) of the statutes is amended to read:
AB926,206,1814 94.73 (2m) (e) The department of natural resources environmental quality
15takes the action or issues the order in compliance with a memorandum of
16understanding under sub. (12) between the department of agriculture, trade and
17consumer protection and the department of natural resources environmental
18quality
.
AB926, s. 859 19Section 859. 94.73 (3) (d) of the statutes is amended to read:
AB926,206,2220 94.73 (3) (d) The applicant has complied with every corrective action order
21issued to the applicant by the department under sub. (2) or the department of natural
22resources
environmental quality under s. 292.11 (7) (c).
AB926, s. 860 23Section 860. 94.73 (3) (f) of the statutes is amended to read:
AB926,207,224 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported
25the discharge to the department or, if the applicant was required to report the

1discharge under s. 292.11 (2), to the department of natural resources environmental
2quality
.
AB926, s. 861 3Section 861. 94.73 (3m) (a) of the statutes is amended to read:
AB926,207,74 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that
5is an intentional use of an agricultural chemical for agricultural purposes, unless the
6corrective action is ordered by the department under sub. (2) or by the department
7of natural resources environmental quality under s. 292.11 (7) (c).
AB926, s. 862 8Section 862. 94.73 (3m) (b) of the statutes is amended to read:
AB926,207,119 94.73 (3m) (b) Costs of reimbursing the department of natural resources
10environmental quality for action taken under s. 292.11 (7) (a) or 292.31 (1), (3) or (7)
11because the applicant failed to respond adequately to a discharge.
AB926, s. 863 12Section 863. 94.73 (3m) (e) of the statutes is amended to read:
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