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.
SB368-ASA1, s. 140
10Section
140. 281.37 (3) (i) of the statutes is renumbered 281.36 (3t) (i) and
11amended to read:
SB368-ASA1,43,1612
281.36
(3t) (i) Remedial actions to be taken by
the applicant if a holders of
13wetland individual permits for mitigation
project is projects that are not successful
14and actions to be taken by
a wetlands mitigation
bank if a banks for mitigation
15project on which mitigation credits are based is
projects performed by the mitigation
16banks that are not successful.
SB368-ASA1, s. 144
20Section
144. 281.37 (5) (title) of the statutes is renumbered 281.36 (13m)
21(title).
SB368-ASA1, s. 145
22Section
145. 281.37 (5) of the statutes is renumbered 281.36 (13m) (a).
SB368-ASA1,44,424
281.98
(1) Except as provided in ss. 281.344 (14) (a),
281.36, 281.346 (14) (a),
25281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any
1rule promulgated or any plan approval, license, special order, or water quality
2certification issued under this chapter shall forfeit not less than $10 nor more than
3$5,000 for each violation. Each day of continued violation is a separate offense.
4While an order is suspended, stayed, or enjoined, this penalty does not accrue.
SB368-ASA1,44,11
7814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
8(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9),
281.36 (2) (b)
91., 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3),
10895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51
11(2) (b), and 995.10 (3), when allowed costs shall be as follows:
SB368-ASA1,44,1613
(1)
Position authorizations. The authorized FTE positions for the department
14of natural resources are increased by 2.0 PR positions to be funded from the
15appropriation under section 20.370 (4) (bi) of the statutes, to implement the
16mitigation program under section 281.36 (3r) of the statutes as created in this act.
SB368-ASA1,44,1717
(2)
Project position changes.
SB368-ASA1,44,2018
(a) The authorized FTE positions for the department of natural resources are
19decreased by 3.0 PR project positions funded from the appropriation under section
2020.370 (4) (bi) of the statutes, for the purpose for which the appropriation is made.
SB368-ASA1,44,2421
(b) The authorized FTE positions for the department of natural resources are
22increased by 3.0 PR positions to be funded from the appropriation under section
2320.370 (4) (bi) of the statutes, for the purpose of providing wetland identification and
24confirmation services under section 23.321 of the statutes, as affected by this act.
SB368-ASA1,45,5
1(1)
The treatment of sections 30.28 (2m) (c), 31.39 (2m) (c), 281.22 (2) (c), and
2281.36 (3m), (3n), (3p), (3q), (3r), and(12) (a) and (b) of the statutes, the renumbering
3of section 30.28 (1) of the statutes, and the creation of section 30.28 (1) (a) and (b) of
4the statutes first apply to applications that are submitted to the department of
5natural resources on the effective date of this subsection.
SB368-ASA1,45,76
(2)
The treatment of section 281.36 (14) of the statutes first applies to violations
7committed on the effective date of this subsection.
SB368-ASA1,45,109
(1)
This act takes effect on the first day of the 4th month beginning after
10publication.