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AB463, s. 111 23Section 111. 281.36 (9) (d) and (e) of the statutes are created to read:
AB463,34,2524 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).
AB463,35,2
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:
AB463,35,33 1. Apply for, obtain, and execute a special inspection warrant under s. 66.0119.
AB463,35,54 2. Deny an application for a wetland individual permit or deny authorization
5to proceed under a wetland general permit.
AB463, s. 112 6Section 112. 281.36 (10) (intro.) and (a) of the statutes are consolidated,
7renumbered 281.36 (10) and amended to read:
AB463,35,158 281.36 (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.
AB463, s. 113 16Section 113. 281.36 (10) (b) of the statutes is repealed.
AB463, s. 114 17Section 114. 281.36 (11) of the statutes is created to read:
AB463,36,218 281.36 (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.
AB463,36,73 (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.
AB463, s. 115 8Section 115. 281.36 (12) (a) of the statutes is created to read:
AB463,36,149 281.36 (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.
AB463, s. 116 15Section 116. 281.36 (12) (b) of the statutes is created to read:
AB463,36,1816 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.
AB463, s. 117 19Section 117. 281.36 (13) of the statutes is created to read:
AB463,36,2420 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.
AB463,37,2
1(b) A person is concerned in the commission of the violation if the person does
2any of the following:
AB463,37,33 1. Directly commits the violation.
AB463,37,44 2. Aids and abets the commission of the violation.
AB463,37,65 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.
AB463, s. 118 7Section 118. 281.36 (14) of the statutes is created to read:
AB463,37,118 281.36 (14) Penalties. (a) Except as provided in par. (b), any person who
9violates any provision of this section shall forfeit not less than $100 nor more than
10$10,000 for the first offense and shall forfeit not less than $500 nor more than
11$10,000 upon being found in violation of the same offense a 2nd or subsequent time.
AB463,37,1512 (b) Any person who violates a wetland general permit issued under sub. (3g)
13shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit
14not less than $50 nor more than $500 upon being found in violation of the same
15offense a 2nd or subsequent time.
AB463,37,1816 (c) A violation of any condition contained in a wetland general permit issued
17under sub. (3g) is a violation of the statute under which the general permit was
18issued.
AB463,37,2219 (d) In addition to the forfeitures specified under pars. (a) and (b), a court may
20order a defendant to abate any nuisance, restore a natural resource, or take, or
21refrain from taking, any other action as necessary to eliminate or minimize any
22environmental damage caused by the defendant.
AB463, s. 119 23Section 119. 281.37 (title) of the statutes is repealed.
AB463, s. 120 24Section 120. 281.37 (1) (intro.) of the statutes is repealed.
AB463, s. 121 25Section 121. 281.37 (1) (a) of the statutes is repealed.
AB463, s. 122
1Section 122. 281.37 (1) (b) of the statutes is renumbered 281.36 (1) (bn) and
2amended to read:
AB463,38,63 281.36 (1) (bn) "Mitigation project" means the restoration, enhancement or
4creation of wetlands to compensate for adverse impacts to other wetlands.
5"Mitigation project" includes using credits from a wetlands mitigation bank

6mitigation of the type specified in sub. (3r) (a) 3.
AB463, s. 123 7Section 123. 281.37 (1) (d) of the statutes is renumbered 281.36 (1) (bL) and
8amended to read:
AB463,38,139 281.36 (1) (bL) "Wetlands mitigation Mitigation bank" means a system of
10accounting for wetland loss and compensation that includes one or more sites where
11wetlands are restored, enhanced or created to provide transferable credits to be
12subsequently applied purchased to compensate for adverse impacts to other
13wetlands.
AB463, s. 124 14Section 124. 281.37 (1) (e) of the statutes is repealed.
AB463, s. 125 15Section 125. 281.37 (1) (f) of the statutes is repealed.
AB463, s. 126 16Section 126. 281.37 (2) of the statutes is repealed.
AB463, s. 127 17Section 127. 281.37 (2m) of the statutes is renumbered 281.36 (8m), and
18281.36 (8m) (a) 1. and 2. and (b) (intro.) and 2., as renumbered, are amended to read:
AB463,39,219 281.36 (8m) (a) 1. A person who is the holder of a wetland individual permit
20or other approval that authorizes a mitigation project shall grant a conservation
21easement under s. 700.40 to the department or shall execute a comparable legal
22instrument
to ensure that a wetland that is being restored, enhanced, or created will
23not be destroyed or substantially degraded by any subsequent proprietor of or holder
24of interest in the property on which the wetland is located. The department shall

1revoke the wetland individual permit or other approval if the holder of the individual
2permit or other approval fails to take these measures.
AB463,39,83 2. A person who is restoring, enhancing, or creating a wetland to provide
4transferable credits as part of a wetlands mitigation bank shall grant a conservation
5easement under s. 700.40 to the department, or shall execute a comparable legal
6instrument
to ensure that the wetland will not be destroyed or substantially
7degraded by any subsequent proprietor of or holder of interest in the property on
8which the wetland is located.
AB463,39,119 (b) (intro.) Notwithstanding par. (a), the department shall modify or release a
10conservation easement granted under par. (a), or shall void a comparable legal
11instrument executed under par. (a)
if all of the following apply:
AB463,39,1412 2. The person who is required to grant the conservation easement or execute
13the legal instrument
did not contribute to the loss of the wetland specified in subd.
141.
AB463, s. 128 15Section 128. 281.37 (3) (intro.) of the statutes is renumbered 281.36 (3t)
16(intro.) and amended to read:
AB463,39,2217 281.36 (3t) Rules for mitigation. (intro.) The department shall promulgate
18rules to establish a process for consideration of wetland compensatory mitigation
19under sub. (2). Upon promulgation, the rules shall apply to any application or other
20request for an initial determination for a permit or other authorization that is
21pending with the department on the date on which the rules take effect
the
22mitigation program under sub. (3r)
. The rules shall address all of the following:
AB463, s. 129 23Section 129. 281.37 (3) (a) of the statutes is renumbered 281.36 (3t) (a) and
24amended to read:
AB463,40,4
1281.36 (3t) (a) Requirements for the avoidance and minimization of adverse
2impacts to the wetland that will be affected by the permitted activity
analysis of
3practicable alternatives that is included in an application for a wetland individual
4permit under sub. (3m) (b)
.
AB463, s. 130 5Section 130. 281.37 (3) (b) of the statutes is renumbered 281.36 (3t) (b) and
6amended to read:
AB463,40,97 281.36 (3t) (b) The conditions under which credits in a wetlands mitigation
8bank
may be used for wetland compensatory mitigation purchased from a mitigation
9bank to comply with the mitigation program under sub. (3r)
.
AB463, s. 131 10Section 131. 281.37 (3) (c) of the statutes is renumbered 281.36 (3t) (c) and
11amended to read:
AB463,40,1412 281.36 (3t) (c) Enforcement of a requirement to implement a mitigation project
13requirements under the mitigation program under sub. (3r) that apply to mitigation
14projects and mitigation banks
.
AB463, s. 132 15Section 132. 281.37 (3) (d) of the statutes is renumbered 281.36 (3t) (d) and
16amended to read:
AB463,40,1917 281.36 (3t) (d) Baseline studies of the wetland wetlands that will be affected
18by the permitted activity discharges and of the sites for mitigation project site
19projects.
AB463, s. 133 20Section 133. 281.37 (3) (e) of the statutes is renumbered 281.36 (3t) (e) and
21amended to read:
AB463,41,222 281.36 (3t) (e) Plan and project design requirements for a mitigation project,
23which shall consider the relation of the project design
projects and mitigation bank
24sites, which shall include requirements for relating the design of a mitigation project

1or a mitigation bank site
to the hydrology of the watershed in which a mitigation
2project or mitigation bank site is located.
AB463, s. 134 3Section 134. 281.37 (3) (f) of the statutes is renumbered 281.36 (3t) (f), and
4281.36 (3t) (f) (intro.), as renumbered, is amended to read:
AB463,41,85 281.36 (3t) (f) (intro.) The comparability of a wetland Standards for comparing
6wetlands
that will be restored, enhanced, or created as a mitigation project or at a
7mitigation bank site
to the wetland wetlands that will be adversely affected by the
8permitted activity
discharges, including all of the following:
AB463, s. 135 9Section 135. 281.37 (3) (g) of the statutes is repealed.
AB463, s. 136 10Section 136. 281.37 (3) (h) of the statutes is renumbered 281.36 (3t) (h) and
11amended to read:
AB463,41,1512 281.36 (3t) (h) Standards for measuring the short-term and long-term success
13of a mitigation project projects and mitigation bank sites and requirements for the
14short-term and long-term monitoring of a mitigation project projects and
15mitigation bank sites
.
AB463, s. 137 16Section 137. 281.37 (3) (i) of the statutes is renumbered 281.36 (3t) (i) and
17amended to read:
AB463,41,2218 281.36 (3t) (i) Remedial actions to be taken by the applicant if a holders of
19wetland individual permits for
mitigation project is projects that are not successful
20and actions to be taken by a wetlands mitigation bank if a banks for mitigation
21project on which mitigation credits are based is projects performed by the mitigation
22banks that are
not successful.
AB463, s. 138 23Section 138. 281.37 (3) (j) of the statutes is repealed.
AB463, s. 139 24Section 139. 281.37 (3m) of the statutes is repealed.
AB463, s. 140 25Section 140. 281.37 (4) of the statutes is repealed.
AB463, s. 141
1Section 141. 281.37 (5) of the statutes is renumbered 281.36 (14) and amended
2to read:
AB463,42,83 281.36 (14) Report to legislature. No later than January 31, 2003, and no
4later than January 31 of each subsequent odd-numbered year, the department shall
5submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
6impact of the implementation of this section mitigation on wetland resources and on
7the issuance of permits or other approvals under ss. 59.692, 61.351, 62.231, 87.30,
8281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
AB463, s. 142 9Section 142. 281.98 (1) of the statutes is amended to read:
AB463,42,1510 281.98 (1) Except as provided in ss. 281.344 (14) (a), 281.36, 281.346 (14) (a),
11281.47 (1) (d), 281.75 (19), and 281.99 (2), any person who violates this chapter or any
12rule promulgated or any plan approval, license, special order, or water quality
13certification issued under this chapter shall forfeit not less than $10 nor more than
14$5,000 for each violation. Each day of continued violation is a separate offense.
15While an order is suspended, stayed, or enjoined, this penalty does not accrue.
AB463, s. 143 16Section 143. 814.04 (intro.) of the statutes, as affected by 2011 Wisconsin Act
172
, is amended to read:
AB463,42,22 18814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
19(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 281.36 (2) (b)
201.,
767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3),
21895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51
22(2) (b), and 995.10 (3), when allowed costs shall be as follows:
AB463, s. 144 23Section 144. Nonstatutory provisions.
AB463,43,224 (1) Position authorizations. The authorized FTE positions for the department
25of natural resources are increased by 2.0 PR positions to be funded from the

1appropriation under section 20.370 (4) (bi) of the statutes, to implement the
2mitigation program under section 281.36 (3r) of the statutes as created in this act.
AB463,43,33 (2) Project position changes.
AB463,43,64 (a) The authorized FTE positions for the department of natural resources are
5decreased by 3.0 PR project positions funded from the appropriation under section
620.370 (4) (bi) of the statutes, for the purpose for which the appropriation is made.
AB463,43,107 (b) The authorized FTE positions for the department of natural resources are
8increased by 3.0 PR positions to be funded from the appropriation under section
920.370 (4) (bi) of the statutes, for the purpose of providing wetland identification and
10confirmation services under section 23.321 of the statutes, as affected by this act.
AB463, s. 145 11Section 145. Initial applicability.
AB463,43,1612 (1) The treatment of sections 30.28 (2m) (c), 31.39 (2m) (c), 281.22 (2) (c), and
13281.36 (3m), (3n), (3p), (3r), and(12) (a) and (b) of the statutes, the renumbering of
14section 30.28 (1) of the statutes, and the creation of section 30.28 (1) (a) and (b) of the
15statutes first apply to applications that are submitted to the department of natural
16resources on the effective date of this subsection.
AB463,43,1817 (2) The treatment of section 281.36 (14) of the statutes first applies to violations
18committed on the effective date of this subsection.
AB463, s. 146 19Section 146. Effective date.
AB463,43,2120 (1) This act takes effect on the first day of the 4th month beginning after
21publication.
AB463,43,2222 (End)
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