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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AB463, s. 124 14Section 124. 281.37 (1) (e) of the statutes is repealed.
AB463, s. 125 15Section 125. 281.37 (1) (f) of the statutes is repealed.
AB463, s. 126 16Section 126. 281.37 (2) of the statutes is repealed.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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