SB368-ASA1,34,66
281.36
(5) (b) Reduce the reach of any
nonfederal wetland.
SB368-ASA1,34,98
281.36
(6) (a) 1. Make the rules consistent with existing federal law
or
9interpretation.
SB368-ASA1, s. 103
14Section
103. 281.36 (8) (bn) 1. of the statutes is renumbered 281.36 (3g) (b) and
15amended to read:
SB368-ASA1,34,2216
281.36
(3g) (b)
Additional required permits. The In addition to the wetland
17general permits required under par. (a), the department shall issue
wetland general
18water quality certifications permits that are consistent with
all of the, and
19correspond to, any general permits
that are issued under
33 USC 1344 (e)
that
20applied on January 8, 2001, to nonfederal wetlands located in this state and that
21regulate discharges other than those regulated under the required wetland general
22permits issued under par. (a).
SB368-ASA1, s. 108
2Section
108. 281.36 (9) (a) (intro.) of the statutes is amended to read:
SB368-ASA1,35,83
281.36
(9) (a) (intro.) For purposes
of determining whether to issue a wetland
4individual permit, whether authorization to proceed as authorized under a wetland
5general permit is appropriate, or whether an exemption under sub. (4) is
6appropriate, and for purposes of enforcing this section, any employee or other
7representative of the department, upon presenting his or her credentials, may do any
8of the following:
SB368-ASA1,35,1210
281.36
(9) (a) 1. Enter and inspect any property on which is located a
nonfederal 11wetland
, or part of a
nonfederal wetland, for which an application
for a water quality
12certification has been submitted
to the department
under sub. (3g) or (3m).
SB368-ASA1,35,1614
281.36
(9) (a) 2. Enter and inspect any property on which is located a
nonfederal 15wetland to investigate a discharge
of dredged or fill material that the department has
16reason to believe is in violation of this section.
SB368-ASA1,35,2118
281.36
(9) (a) 3. Gain access to and inspect any records that
the department
19requires a holder of a
water quality certification to wetland individual permit or a
20person acting under the authority of a wetland general permit is required by the
21department to keep.
SB368-ASA1, s. 113
23Section
113. 281.36 (9) (d) and (e) of the statutes are created to read:
SB368-ASA1,35,2524
281.36
(9) (d)
The department shall provide reasonable advance notice to the
25property owner before entering and inspecting property as authorized under par (a).
SB368-ASA1,36,2
1(e) If the owner of the property refuses to give consent for the entry and
2inspection, the department may do any of the following:
SB368-ASA1,36,33
1. Apply for, obtain, and execute a special inspection warrant under s. 66.0119.
SB368-ASA1,36,54
2. Deny an application for a wetland individual permit or deny authorization
5to proceed under a wetland general permit.
SB368-ASA1, s. 114
6Section
114. 281.36 (10) (intro.) and (a) of the statutes are consolidated,
7renumbered 281.36 (10) and amended to read:
SB368-ASA1,36,158
281.36
(10) Other Additional requirements. The requirement of being issued
9a wetland individual permit or proceeding under the authority of a wetland general
10permit under this section is in addition to any permit or other approval required by
11the department for a project or activity that involves a discharge into a wetland. This
12section does not affect the authority of the department to
do any of the following: (a)
13Regulate otherwise regulate the discharge of dredged or fill material in a
nonfederal 14wetland under ss. 59.692, 61.351, 62.231, 87.30, 281.11 to 281.35, 281.41 to 281.47,
15or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
SB368-ASA1,37,218
281.36
(11) Restoration; surcharge fee. (a) The department shall set a
19surcharge fee to be charged for each application to proceed under a wetland general
20permit that is issued under sub. (3g) (a) 4., 5., or 6. The surcharge fee shall be set
21on an annual basis by the department and may not exceed more than 50 percent of
22the market price, as determined by the department, for the equivalent purchase of
23credits from a mitigation bank. These fees shall be credited to the appropriation
24account under s. 20.370 (4) (bm) for the restoration and creation of wetlands. The
1department may enter into agreements with other entities for the restoration and
2creation of such wetlands.
SB368-ASA1,37,73
(b)
Any wetland that is restored or created using funding from the
4appropriation under s. 20.370 (4) (bm) shall be open to the public for hunting, fishing,
5trapping, cross-country skiing, or hiking or any combination thereof, but the
6department may establish reasonable restrictions on the use of the land by the public
7in order to protect public safety or to protect a unique plant or animal community.
SB368-ASA1,37,149
281.36
(12) (a)
Fees required. The department shall charge a fee for reviewing,
10investigating, and making decisions on applications to proceed under wetland
11general permits under sub. (3g) and on applications for wetland individual permits
12under sub. (3m). For an authorization to proceed under a wetland general permit,
13the application fee shall be $500. For a wetland individual permit, the application
14fee shall be $800.
SB368-ASA1,37,1816
281.36
(12) (b)
Additional fee. The department may set and charge a fee in the
17amount necessary to meet the costs incurred by the department in reviewing
18mitigation that is conducted by mitigation banks.
SB368-ASA1,37,2420
281.36
(13) Parties to a violation. (a) Whoever is concerned in the commission
21of a violation of this section for which a forfeiture is imposed is a principal and may
22be charged and found in violation although he or she did not directly commit the
23violation and although the person who directly committed it has not been found in
24violation.
SB368-ASA1,38,2
1(b) A person is concerned in the commission of the violation if the person does
2any of the following:
SB368-ASA1,38,33
1. Directly commits the violation.
SB368-ASA1,38,44
2. Aids and abets the commission of the violation.
SB368-ASA1,38,65
3. Is a party to a conspiracy with another to commit the violation or advises,
6hires, counsels, or otherwise procures any person to commit it.
SB368-ASA1, s. 120
7Section
120. 281.36 (13m) (b) and (c) of the statutes are created to read:
SB368-ASA1,38,88
281.36
(13m) (b) The report under par. (a) shall include all of the following:
SB368-ASA1,38,109
1. The number of preapplication meetings held during the previous 2-year
10period and a report on the results of these meetings.
SB368-ASA1,38,1311
2. A summary of the types of discharges that were approved during the
12previous 2-year period. The summary shall specify the locations of the discharges
13and the types of projects involved.
SB368-ASA1,38,1614
3. A summary of the mitigation performed during the previous 2-year period.
15The summary shall include a description of mitigation projects approved,
16accomplished, and monitored during the 2-year period.
SB368-ASA1,38,1817
4. The number of wetland individual permits denied in the previous 2-year
18period and a summary of the reasons for the denials.
SB368-ASA1,38,2119
5. An accounting covering the previous 2-year period showing the amounts
20credited to, the amounts appropriated from, and the balance in the appropriation
21under s. 20.370 (4) (bm).
SB368-ASA1,38,2322
(c) The information under par. (b) 1. to 5. will be required beginning with the
23report that is due no later than January 31, 2015.
SB368-ASA1,39,4
1281.36
(14) Penalties. (a) Except as provided in par. (b), any person who
2violates any provision of this section shall forfeit not less than $100 nor more than
3$10,000 for the first offense and shall forfeit not less than $500 nor more than
4$10,000 upon being found in violation of the same offense a 2nd or subsequent time.
SB368-ASA1,39,85
(b) Any person who violates a wetland general permit issued under sub. (3g)
6shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit
7not less than $50 nor more than $500 upon being found in violation of the same
8offense a 2nd or subsequent time.
SB368-ASA1,39,119
(c) A violation of any condition contained in a wetland general permit issued
10under sub. (3g) is a violation of the statute under which the general permit was
11issued.
SB368-ASA1,39,1512
(d) In addition to the forfeitures specified under pars. (a) and (b), a court may
13order a defendant to abate any nuisance, restore a natural resource, or take, or
14refrain from taking, any other action as necessary to eliminate or minimize any
15environmental damage caused by the defendant.
SB368-ASA1, s. 125
19Section
125. 281.37 (1) (b) of the statutes is renumbered 281.36 (1) (bn) and
20amended to read:
SB368-ASA1,39,2421
281.36
(1) (bn) "Mitigation project" means
the restoration, enhancement or
22creation of wetlands to compensate for adverse impacts to other wetlands.
23"Mitigation project" includes using credits from a wetlands mitigation bank 24mitigation of the type specified in sub. (3r) (a) 3.
SB368-ASA1, s. 126
1Section
126. 281.37 (1) (d) of the statutes is renumbered 281.36 (1) (bL) and
2amended to read:
SB368-ASA1,40,73
281.36
(1) (bL) "
Wetlands mitigation Mitigation bank" means a system of
4accounting for wetland loss and compensation that includes one or more sites where
5wetlands are restored, enhanced
or, created
, or preserved to provide
transferable 6credits to be subsequently applied
or purchased in order to compensate for adverse
7impacts to other wetlands.
SB368-ASA1, s. 130
11Section
130. 281.37 (2m) of the statutes is renumbered 281.36 (8m), and
12281.36 (8m) (a) 1. and 2. and (b) (intro.) and 2., as renumbered, are amended to read:
SB368-ASA1,40,2013
281.36
(8m) (a) 1. A person who is the holder of a
wetland individual permit
14or other approval that authorizes a mitigation project shall grant a conservation
15easement under s. 700.40 to the department
or shall execute a comparable legal
16instrument to ensure that a wetland that is being restored, enhanced,
or created
, or
17preserved will not be destroyed or substantially degraded by any subsequent
18proprietor of or holder of interest in the property on which the wetland is located.
19The department shall revoke the
wetland individual permit
or other approval if the
20holder of the
individual permit
or other approval fails to take these measures.
SB368-ASA1,41,221
2. A person who is restoring, enhancing,
or creating
, or preserving a wetland
22to provide transferable credits as part of a wetlands mitigation bank shall grant a
23conservation easement under s. 700.40 to the department
, or shall execute a
24comparable legal instrument to ensure that the wetland will not be destroyed or
1substantially degraded by any subsequent proprietor of or holder of interest in the
2property on which the wetland is located.
SB368-ASA1,41,53
(b) (intro.) Notwithstanding par. (a), the department shall modify or release a
4conservation easement granted under par. (a)
, or shall void a comparable legal
5instrument executed under par. (a) if all of the following apply:
SB368-ASA1,41,86
2. The person who is required to grant the conservation easement
or execute
7the legal instrument did not contribute to the loss of the wetland specified in subd.
81.
SB368-ASA1, s. 131
9Section
131. 281.37 (3) (intro.) of the statutes is renumbered 281.36 (3t)
10(intro.) and amended to read:
SB368-ASA1,41,1611
281.36
(3t) Rules for mitigation. (intro.) The department shall promulgate
12rules to establish a process for
consideration of wetland compensatory mitigation
13under sub. (2). Upon promulgation, the rules shall apply to any application or other
14request for an initial determination for a permit or other authorization that is
15pending with the department on the date on which the rules take effect the
16mitigation program under sub. (3r). The rules shall address all of the following:
SB368-ASA1, s. 132
17Section
132. 281.37 (3) (a) of the statutes is renumbered 281.36 (3t) (a) and
18amended to read:
SB368-ASA1,41,2219
281.36
(3t) (a) Requirements for the
avoidance and minimization of adverse
20impacts to the wetland that will be affected by the permitted activity analysis of
21practicable alternatives that is included in an application for a wetland individual
22permit under sub. (3m) (b).
SB368-ASA1, s. 133
23Section
133. 281.37 (3) (b) of the statutes is renumbered 281.36 (3t) (b) and
24amended to read:
SB368-ASA1,42,3
1281.36
(3t) (b) The conditions under which credits
in a wetlands mitigation
2bank may be
used for wetland compensatory mitigation purchased from a mitigation
3bank to comply with the mitigation program under sub. (3r).
SB368-ASA1, s. 134
4Section
134. 281.37 (3) (c) of the statutes is renumbered 281.36 (3t) (c) and
5amended to read:
SB368-ASA1,42,86
281.36
(3t) (c) Enforcement of
a requirement to implement a mitigation project
7requirements under the mitigation program under sub. (3r) that apply to mitigation
8projects and mitigation banks.
SB368-ASA1, s. 135
9Section
135. 281.37 (3) (d) of the statutes is renumbered 281.36 (3t) (d) and
10amended to read:
SB368-ASA1,42,1311
281.36
(3t) (d) Baseline studies of
the wetland wetlands that will be affected
12by the
permitted activity discharges and of
the sites for mitigation
project site 13projects.
SB368-ASA1, s. 136
14Section
136. 281.37 (3) (e) of the statutes is renumbered 281.36 (3t) (e) and
15amended to read:
SB368-ASA1,42,2016
281.36
(3t) (e) Plan and
project design requirements for
a mitigation
project,
17which shall consider the relation of the project design projects and mitigation bank
18sites, which shall include requirements for relating the design of a mitigation project
19or a mitigation bank site to the hydrology of the watershed in which a mitigation
20project
or mitigation bank site is located.
SB368-ASA1, s. 137
21Section
137. 281.37 (3) (f) of the statutes is renumbered 281.36 (3t) (f), and
22281.36 (3t) (f) (intro.), as renumbered, is amended to read:
SB368-ASA1,43,223
281.36
(3t) (f) (intro.)
The comparability of a wetland Standards for comparing
24wetlands that will be restored, enhanced
or, created
, or preserved as a mitigation
1project or at a mitigation bank site to the
wetland wetlands that will be adversely
2affected by
the permitted activity discharges, including all of the following:
SB368-ASA1, s. 139
4Section
139. 281.37 (3) (h) of the statutes is renumbered 281.36 (3t) (h) and
5amended to read:
SB368-ASA1,43,96
281.36
(3t) (h) Standards for measuring the short-term and long-term success
7of
a mitigation
project projects and mitigation bank sites and requirements for the
8short-term and long-term monitoring of
a mitigation
project projects and
9mitigation bank sites.