SB368-ASA1,7,87
30.28
(1) (b) For authorization to proceed under a general permit issued under
8s. 30.206, the application fee shall be $300.
SB368-ASA1,7,1210
30.28
(1m) Additional fees. (a) In addition to the fees required under sub. (1),
11the department may set and charge fees for making any of the following
12determinations:
SB368-ASA1,7,1313
1. An identification of an ordinary high-water mark.
SB368-ASA1,7,1414
2. A determination of navigability.
SB368-ASA1,7,1715
3. Any other determination that is necessary for reviewing, investigating, or
16making a decision on applications for permits, contracts, authorizations, or other
17approvals under this chapter.
SB368-ASA1,7,1918
(b) The department shall set each fee authorized under this subsection in the
19amount that is necessary to meet the costs incurred by the department.
SB368-ASA1, s. 30
25Section
30. 30.28 (2) (b) 1. of the statutes is renumbered 30.28 (1) (c).
SB368-ASA1, s. 31
1Section
31. 30.28 (2) (b) 2. of the statutes is renumbered 30.28 (1) (d).
SB368-ASA1,8,83
30.28
(2m) (a) The department shall refund a
permit or approval fee
charged
4under sub. (1) (a) if the applicant requests a refund before the department
5determines that the application
for the permit or approval is complete. Except as
6provided in par. (am), the department may not refund a
permit or approval fee after
7the department determines that the application is complete
unless required to do so
8under a rule promulgated under s. 299.05.
SB368-ASA1,8,1210
30.28
(2m) (am) The department shall refund 50% of the fee specified in sub.
11(2) (b) 1. (
1) (c) if the department denies an application for a general permit under
12s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).
SB368-ASA1,8,1814
30.28
(2m) (b) If
the applicant applies for a permit, requests an approval, or
15submits a notice under s. 30.207 (7) a person applies for a permit or otherwise seeks
16authorization or gives notice for a project or activity after the project
or activity is
17begun or after it is completed, the department shall charge an amount equal to twice
18the amount of the fee that it would have charged under this section.
SB368-ASA1,8,2521
30.28
(2m) (d) The department
, by rule, may increase any fee specified in sub.
22(2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) (1) or (1m)
23only if the increase is necessary to meet the costs incurred by the department in
24acting on general permits or on notices submitted under s. 30.207 performing the
25activities for which the fee is charged.
SB368-ASA1, s. 37
1Section
37. 30.28 (2r) (a) (intro.) of the statutes is amended to read:
SB368-ASA1,9,42
30.28
(2r) (a) (intro.) The department, by rule, may charge a supplemental fee
3for a permit
or, contract, authorization, other approval
, or determination that is in
4addition to the fee charged under this section if all of the following apply:
SB368-ASA1,9,96
30.28
(2r) (a) 1. The applicant requests in writing that the permit
or, approval
7authorization, or determination be issued
or the contract be granted within a time
8period that is shorter than the time limit under the rule promulgated under par. (b)
9for that type of permit
or, contract, authorization, approval
, or determination.
SB368-ASA1,9,1411
30.28
(2r) (b) If the department promulgates a rule under par. (a), the rule shall
12contain a time limit for each type of permit
or, contract, authorization, approval
13classified under sub. (2) (a) for determining whether the department will grant the
14permit or approval, or determination.
SB368-ASA1,9,1717
227.01
(13) (ru) Is a wetland general permit issued under s. 281.36 (3g).
SB368-ASA1,9,2220
281.165
(4) (a) 1m. The wetland area is
a nonfederal wetland,as defined in s.
21281.36 (1) (c) not subject to federal jurisdiction under 33 USC 1344, and the activity
22will affect less than 3 acres of that wetland area.
SB368-ASA1,9,2524
281.17
(10) (c) This subsection does not apply to discharges into wetlands that
25are subject to regulation under s. 281.36.
SB368-ASA1, s. 44
1Section
44. 281.22 (title) of the statutes is renumbered 281.36 (12) (title) and
2amended to read:
SB368-ASA1,10,43
281.36
(12) (title)
Fees
Application fees and time limits for water quality
4determinations for wetlands.
SB368-ASA1, s. 46
6Section
46. 281.22 (2) (title) of the statutes is renumbered 281.36 (12) (c)
7(title).
SB368-ASA1, s. 47
8Section
47. 281.22 (2) (a) of the statutes is renumbered 281.36 (12) (c) 1. and
9amended to read:
SB368-ASA1,10,1510
281.36
(12) (c) 1. The department shall refund
the an application fee
charged
11for a wetland individual permit under par. (a) if the applicant requests a refund
12before the department determines that the application
for the determination is
13complete. The department may not refund a fee after the department determines
14that the application is complete
unless required to do so under a rule promulgated
15under s. 299.05.
SB368-ASA1, s. 48
16Section
48. 281.22 (2) (b) of the statutes is renumbered 281.36 (12) (c) 2. and
17amended to read:
SB368-ASA1,10,2218
281.36
(12) (c) 2. If the applicant
applies for a permit after the project submits
19an application for authorization to proceed under a wetland general or a wetland
20individual permit after the discharge is begun or after it is completed, the
21department shall charge an amount equal to twice the amount of the fee that it would
22have charged under this section.
SB368-ASA1, s. 50
24Section
50. 281.22 (2) (d) of the statutes is renumbered 281.36 (12) (c) 3. and
25amended to read:
SB368-ASA1,11,3
1281.36
(12) (c) 3. The department
, by rule, may increase the fee specified in
sub. 2(1) par. (a) only if the increase is necessary to meet the costs of the department in
3performing the activities for which the fee is charged.
SB368-ASA1, s. 51
4Section
51. 281.22 (2m) (title) of the statutes is renumbered 281.36 (12) (d)
5(title).
SB368-ASA1, s. 52
6Section
52. 281.22 (2m) (a) (intro.) of the statutes is renumbered 281.36 (12)
7(d) 1. (intro.) and amended to read:
SB368-ASA1,11,108
281.36
(12) (d) 1. (intro.) The department, by rule, may charge a supplemental
9fee
for a determination under sub. (1) that is in addition to
the a fee charged under
10sub. (1) this subsection if all of the following apply:
SB368-ASA1, s. 53
11Section
53. 281.22 (2m) (a) 1. of the statutes is renumbered 281.36 (12) (d) 1.
12a. and amended to read:
SB368-ASA1,11,1513
281.36
(12) (d) 1. a. The applicant requests in writing that the
determination 14decision on the application be issued within a time period that is shorter than the
15time limit promulgated under
par. (b) subd. 2. for the
determination decision.
SB368-ASA1, s. 54
16Section
54. 281.22 (2m) (a) 2. of the statutes is renumbered 281.36 (12) (d) 1.
17b.
SB368-ASA1, s. 55
18Section
55. 281.22 (2m) (b) of the statutes is renumbered 281.36 (12) (d) 2. and
19amended to read:
SB368-ASA1,11,2220
281.36
(12) (d) 2. If the department promulgates a rule under
par. (a) subd. 1.,
21the rule shall contain
for a time limit for making
determinations under sub. (1) 22decisions on the application.
SB368-ASA1, s. 56
23Section
56. 281.22 (3) of the statutes is renumbered 281.36 (12) (e) and
24amended to read:
SB368-ASA1,12,2
1281.36
(12) (e)
Exemptions from fees. Subsections (1), (2) and (2m) Paragraphs
2(a), (b), (c), and (d) do not apply to any federal agency or state agency.
SB368-ASA1, s. 58
4Section
58. 281.36 (title) of the statutes is repealed and recreated to read:
SB368-ASA1,12,5
5281.36 (title)
Permits for discharges into wetlands; mitigation.
SB368-ASA1,12,98
281.36
(1) (bd) "Fill material" has the meaning given in
33 CFR 323.2 (e), as
9the meaning exists on the effective date of this paragraph .... [LRB inserts date].
SB368-ASA1,12,1312
281.36
(1) (bj) "Mitigation" means the restoration, enhancement, creation, or
13preservation of wetlands to compensate for adverse impacts to other wetlands.
SB368-ASA1, s. 63
14Section
63. 281.36 (1) (c) and (cm) of the statutes are repealed.
SB368-ASA1,12,1916
281.36
(1) (cp) "Practicable" means reasonably available and capable of being
17implemented after taking into consideration cost, site availability, available
18technology, logistics, and proximity to the proposed project site, in light of the overall
19purpose and scope of the project.
SB368-ASA1, s. 68
23Section
68. 281.36 (2) (a) of the statutes is renumbered 281.36 (3b) (b) and
24amended to read:
SB368-ASA1,13,10
1281.36
(3b) (b) No person may discharge dredged
material or fill material into
2a
nonfederal wetland unless the discharge is authorized by a
water quality
3certification wetland general permit or individual permit issued by the department
4under this section
or the discharge is exempt under sub. (4). No person may violate
5any condition
imposed by the department in a water quality certification contained
6in a wetland general or individual permit issued by the department under this
7section. The department may not issue a
water quality certification wetland general
8or individual permit under this section unless it determines that the discharge
9authorized pursuant to the wetland general or individual permit will comply with all
10applicable water quality standards.
SB368-ASA1, s. 70
12Section
70. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended
13to read:
SB368-ASA1,14,514
281.36
(2m) Delineation procedures. For purposes of delineating the
15boundary of a
nonfederal wetland
, the department and the person who is applying
16for or who holds a water quality certification under this section shall use under this
17section, the procedures contained in the wetlands delineation manual published by
18the U.S. army corps of engineers
shall be used. The edition of the manual that shall
19be used shall be the 1987 edition of the manual and any document that the U.S. army
20corps of engineers issues interpreting that manual, unless the U.S. army corps of
21engineers publishes an edition of the manual after January 9, 2001, and the
22department
by rule designates that edition as the one to be used under this
23subsection.
If the U.S. army corps of engineers issues a guidance document
24interpreting the edition of the wetlands delineation manual that the department is
25required to use under this subsection and if that guidance document is issued after
1May 8, 2001, the department shall notify the appropriate standing committee of each
2house of the legislature, as determined by the speaker of the assembly and the
3president of the senate, of the issuance of the guidance document and whether the
4department intends to promulgate a rule incorporating the provisions of the
5guidance document.
SB368-ASA1, s. 71
6Section
71. 281.36 (3b) (title) of the statutes is created to read:
SB368-ASA1,14,77
281.36
(3b) (title)
Permit required.
SB368-ASA1,14,119
281.36
(3b) (a) For purposes of this section, a wetland general or individual
10permit issued by the department constitutes water quality certification as required
11by
33 USC 1341 (a).
SB368-ASA1, s. 73
12Section
73. 281.36 (3g) (title) of the statutes is created to read:
SB368-ASA1,14,1313
281.36
(3g) (title)
Wetland general permits.
SB368-ASA1,14,1615
281.36
(3g) (a)
Required permits. The department shall issue a wetland
16general permit for each of the following types of discharges:
SB368-ASA1,14,1917
1. A discharge that is necessary for the treatment or disposal of hazardous
18waste or toxic pollutants, if the discharge does not contain hazardous waste or toxic
19pollutants and does not affect more than 2 acres of wetland.
SB368-ASA1,14,2120
2. A discharge that is necessary for temporary access and dewatering, if the
21discharge does not affect more than 2 acres of wetland.
SB368-ASA1,14,2322
3. A temporary or permanent discharge for routine utility construction and
23maintenance projects and activities.
