Feed for /2011/related/proposals/sb368 PDF
1. The bill substitutes the term "wetland permit" for "water quality
certification," and specifies that the issuance of a wetland permit by DNR takes the
place of a water quality certification required by federal law.
2. The bill requires that DNR issue certain wetland general permits (project
permits) that are in addition to the required general certifications under current law.
These include general permits for discharges that are necessary for the treatment
or disposal of hazardous waste or toxic pollutants if not more than two acres of
wetlands are affected, and discharges for commercial, residential, or agricultural
purposes if not more than 10,000 square feet of wetland are affected. The bill
authorizes DNR to issue additional wetland general permits. The bill authorizes
DNR to establish different requirements, conditions, and exceptions in general
permits to ensure that the discharges will cause only minimal adverse
environmental effects. The bill also authorizes DNR to prohibit discharges into
certain types of wetlands identified by DNR. These include coastal plain marshes
and calcareous fens.
3. The bill creates requirements for giving public notice of DNR's intent to issue
general permits.
4. The bill establishes a procedure for obtaining authorization to proceed under
a wetland general permit that is similar to the procedure for obtaining authorization
under general permits that authorize structures and other activities in or near
general waters. Under this procedure, a person must file an application to proceed
under the general permit not less than 30 days before commencing the discharge.
If, within 30 days after the application, DNR does not inform the applicant that a

wetland individual permit will be required, the discharge is considered to be
authorized under the wetland general permit. The bill authorizes DNR to require
a person to apply and obtain a wetland individual permit if DNR determines that
conditions specific to the site require additional restrictions on the discharge in order
to provide reasonable assurance that no significant adverse impacts to wetland
functional values will occur. Under the bill, a general permit, other than a project
permit, may include a waiver of the requirement that specific authorization be
obtained for a wetland discharge.
5. The bill changes the standards for reviewing applications for wetland
individual permits.
Under the bill, DNR reviews the practicable alternatives presented in the
application for the wetland individual permit. DNR must limit its review of these
alternatives to those that are located at the site of the discharge and those adjacent
to the site if the applicant has demonstrated that the proposed project that will cause
the discharge will have a demonstrable economic benefit, that the proposed project
is necessary for the expansion of an existing industrial or commercial facility, or that
the proposed project will occur in an existing industrial park. Under the bill, the
factors to be used in the review include direct impacts, potential secondary impacts,
certain cumulative impacts, impacts from proposed mitigation, and the net positive
or negative environmental impact of the project. Under the bill, DNR must find that
the project complies with wetland quality standards if DNR determines that the
proposed project represents the least environmentally damaging practicable
alternative, all practicable measures to minimize the adverse impact to wetland
functional values will be taken, and the discharge will not result in significant
adverse impacts to wetland functional values or to water quality or in any other
significant adverse environmental consequences. Upon making such a finding, DNR
is authorized, but is not required, to issue a wetland individual permit.
6. The bill creates specific procedures and time limits for issuing wetland
individual permits. Under the bill, DNR must hold a meeting with the applicant to
discuss the details of the proposed discharge before the application is actually
submitted. DNR must then review an application and within 30 days after
submission shall determine either that the application is complete or that additional
information is needed. The applicant may include in the application a request for a
public informational hearing. If the application is incomplete, DNR may make only
one additional request for information. Upon receipt of the information, DNR has ten
days to notify the applicant whether the application is complete. The date on which
the 30-day or ten-day notice is or should be sent triggers the time limits for the
public hearing process and for receiving public comments. Under the bill, the term
used for such a date that triggers the time limits is "date of closure." DNR may ask
for information to supplement the one-time request for information, but such a
request may not affect the date of closure.
Within 15 days after the date of closure, DNR must provide notice of the
application to interested members of the public. If the application does not already
contain a request for a public informational hearing, any person may request such
a hearing. DNR on its own may decide to hold a hearing if it determines that there

is significant public interest. The bill authorizes any person to submit public
comments in addition to any public hearing. Under the bill, if no hearing is held, DNR
must render a decision on the application within 30 days after the period for public
comment has ended. If a hearing is held, the period for public comment ends ten days
after the date the hearing is completed, and DNR must render its decision within 20
days after the period for public comment ends.
The bill also creates requirements for giving public notice of pending
applications and informational hearings.
7. The bill requires that mitigation be performed under each wetland
individual permit that DNR issues, and removes the restriction that mitigation may
not be considered in issuing permits for discharges into ASNRI wetlands or into
ASNRI in general. Mitigation may be accomplished by completing a mitigation
project within the same watershed or within one-half mile of the discharge site or
by participating in the in lieu fee subprogram, if DNR establishes such a
subprogram. The bill authorizes DNR to create the in lieu fee subprogram, in
consultation with ACE. Under the subprogram, payments would be made to DNR
or another entity for the purposes of improving or preserving wetlands or other water
resource features. Under the subprogram, a wetland that benefits from the
subprogram must be open to the public for hunting, fishing, trapping, cross-country
skiing, and hiking. The in lieu fee subprogram must be consistent with federal
regulations that apply to such a subprogram.
8. The bill increases the fee for a wetland individual permit. The bill also
creates a fee for an application to proceed under a wetland general permit. Under
current law, there is no such application fee to proceed under a general water quality
certification.
9. The bill creates a surcharge that applies to certain applications to proceed
under wetland general permits. These surcharge fees are to be used to create and
restore wetlands and are subject to the public-access requirement for hunting and
other activities as described above.
Other provisions
The bill makes changes relating to fees paid by persons submitting applications
for individual permits to place structures or conduct other activities in or near
navigable waters. Under current law, the amount of the fee for a permit relating to
navigable waters is based on the estimated time DNR will spend reviewing and
investigating the application and making determinations on the application. For an
application to proceed under a general permit, there is no fee. This bill imposes a set
fee for both types of applications.
The bill authorizes DNR to charge fees for identifying ordinary high-water
marks, for making determinations of navigability, and for other determinations
related to issuing permits for structures and activities in navigable waters.
Finally, the bill eliminates the requirement under current law that DNR review
wetland maps and the accompanying fee.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB368, s. 1 1Section 1. 20.370 (4) (bi) of the statutes is amended to read:
SB368,7,72 20.370 (4) (bi) Water regulation and zoning — fees. From the general fund, all
3moneys received under ss. 23.32 (3), 23.321, 30.28, 31.39, and 281.22 281.36 (12) for
4activities relating to permits, contracts, authorizations, and other approvals issued
5under s. 281.36 and chs. 30 and 31, for activities relating to water quality standards
6under subch. II of ch. 281, and for wetland mapping under s. 23.32 and wetlands
7services under s. 23.321.
SB368, s. 2 8Section 2. 20.370 (4) (bm) of the statutes is created to read:
SB368,7,139 20.370 (4) (bm) Wetland restoration — fees; payments. From the general fund,
10all moneys received as surcharge fees under s. 281.36 (11) and all moneys received
11under the in lieu fee subprogram under s. 281.36 (3r) (e) for the restoration or
12creation of wetlands and for any other activities authorized under the in lieu fee
13subprogram.
SB368, s. 3 14Section 3. 23.321 (title) of the statutes is amended to read:
SB368,7,15 1523.321 (title) Wetland map review, identification, and confirmation.
SB368, s. 4 16Section 4. 23.321 (1) (title) of the statutes is created to read:
SB368,7,1717 23.321 (1) (title) Definition.
SB368, s. 5 18Section 5. 23.321 (2) (title) of the statutes is created to read:
SB368,7,1919 23.321 (2) (title) Types of services.
SB368, s. 6 20Section 6. 23.321 (2) (a) of the statutes is repealed.
SB368, s. 7 21Section 7. 23.321 (2m) (title) of the statutes is created to read:
SB368,8,1
123.321 (2m) (title) Memorandum of agreement.
SB368, s. 8 2Section 8. 23.321 (3) (title) of the statutes is created to read:
SB368,8,33 23.321 (3) (title) Fees; generally.
SB368, s. 9 4Section 9. 23.321 (3) (a) of the statutes is repealed.
SB368, s. 10 5Section 10. 23.321 (3m) of the statutes is created to read:
SB368,8,86 23.321 (3m) Fees; expedited service. The department may charge a
7supplemental fee for a type of service under sub. (2) that is in addition to the fee
8charged under sub. (3) if all of the following apply:
SB368,8,119 (a) The applicant requests in writing that the service be provided within a time
10period that is shorter than the time limit specified under sub. (4) for that type of
11service.
SB368,8,1212 (b) The department verifies that it will be able to comply with the request.
SB368, s. 11 13Section 11. 23.321 (4) (title) of the statutes is created to read:
SB368,8,1414 23.321 (4) (title) Time limits.
SB368, s. 12 15Section 12. 23.321 (4) (a) 1. of the statutes is repealed.
SB368, s. 13 16Section 13. 23.321 (5) (title) of the statutes is created to read:
SB368,8,1717 23.321 (5) (title) Length of validity.
SB368, s. 14 18Section 14. 23.321 (6) (title) of the statutes is created to read:
SB368,8,1919 23.321 (6) (title) Included on maps.
SB368, s. 15 20Section 15. 30.025 (1b) (b) of the statutes is amended to read:
SB368,9,221 30.025 (1b) (b) "Permit" means an individual permit, a general permit, an
22approval, or a contract required under this subchapter or subch. II, a permit or an
23approval required under ch. 31, a storm water discharge permit required under s.
24283.33 (1) (a), or a water quality certification wetland general permit or wetland

1individual permit
required under s. 281.36 or under rules promulgated under subch.
2II of ch. 281 to implement 33 USC 1341 (a).
SB368, s. 16 3Section 16. 30.03 (4) (a) of the statutes is amended to read:
SB368,9,164 30.03 (4) (a) If the department learns of a possible violation of s. 281.36 or of
5the statutes relating to navigable waters or a possible infringement of the public
6rights relating to navigable waters, and the department determines that the public
7interest may not be adequately served by imposition of a penalty or forfeiture, the
8department may proceed as provided in this paragraph, either in lieu of or in addition
9to any other relief provided by law. The department may order a hearing under ch.
10227 concerning the possible violation or infringement, and may request the hearing
11examiner to issue an order directing the responsible parties to perform or refrain
12from performing acts in order to comply with s. 281.36 or to fully protect the interests
13of the public in the navigable waters. If any person fails or neglects to obey an order,
14the department may request the attorney general to institute proceedings for the
15enforcement of the department's order in the name of the state. The proceedings
16shall be brought in the manner and with the effect of proceedings under s. 111.07 (7).
SB368, s. 17 17Section 17. 30.2022 (2) of the statutes is amended to read:
SB368,9,2418 30.2022 (2) The exemption under sub. (1) does not apply unless the activity is
19accomplished in accordance with interdepartmental liaison procedures established
20by the department and the department of transportation for the purpose of
21minimizing the adverse environmental impact, if any, of the activity. If the activity
22affects a wetland, as defined in s. 23.32 (1), the department of transportation shall
23conduct any required mitigation either by complying with the interdepartmental
24liaison procedures and any applicable interagency agreement on mitigation banks

1that is approved by the department of natural resources or by using any of the
2methods specified in s. 281.36 (3r) (a) 1. to 3.
SB368, s. 18 3Section 18. 30.207 (7) (a) of the statutes is amended to read:
SB368,10,114 30.207 (7) (a) At least 15 days before beginning the activity that is authorized
5by a general permit under this section the person who wishes to conduct the activity
6shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2)
7(b) 2
(1) (d). The notice shall describe the activity, state the name of the person that
8will be conducting the activity and state the site where the activity will be conducted.
9The notice shall also contain a statement signed by the person conducting the
10activity that the person will act in conformance with the standards contained in the
11general permit.
SB368, s. 19 12Section 19. 30.28 (title) of the statutes is amended to read:
SB368,10,14 1330.28 (title) Fees for permits, other approvals, and determinations and
14hearings
.
SB368, s. 20 15Section 20. 30.28 (1) of the statutes is renumbered 30.28 (1) (intro.) and
16amended to read:
SB368,10,2417 30.28 (1) (intro.) The department shall charge a permit or approval fee for
18carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and
1930.21 to 30.27
reviewing, investigating, and making decisions on determinations and
20on whether to issue or grant permits, contracts, authorizations, or other approvals
21under this subchapter
. The permit or approval required fee shall accompany the
22permit application, notice or request for approval or other submitted documentation.
23The department shall set each type of fee in the amount that is necessary to meet the
24costs incurred by the department except as follows:
SB368, s. 21 25Section 21. 30.28 (1) (a) of the statutes is created to read:
SB368,11,2
130.28 (1) (a) For an individual permit issued under s. 30.208, the application
2fee shall be $600.
SB368, s. 22 3Section 22. 30.28 (1) (b) of the statutes is created to read:
SB368,11,54 30.28 (1) (b) For authorization to proceed under a general permit issued under
5s. 30.206, the application fee shall be $300.
SB368, s. 23 6Section 23. 30.28 (1m) of the statutes is created to read:
SB368,11,97 30.28 (1m) Additional fees. (a) In addition to the fees required under sub. (1),
8the department may set and charge fees for making any of the following
9determinations:
SB368,11,1010 1. An identification of an ordinary high-water mark.
SB368,11,1111 2. A determination of navigability.
SB368,11,1412 3. Any other determination that is necessary for reviewing, investigating, or
13making a decision on applications for permits, contracts, authorizations, or other
14approvals under this chapter.
SB368,11,1615 (b) The department shall set each fee authorized under this subsection in the
16amount that is necessary to meet the costs incurred by the department.
SB368, s. 24 17Section 24. 30.28 (2) (title) of the statutes is repealed.
SB368, s. 25 18Section 25. 30.28 (2) (a) (intro.) of the statutes is repealed.
SB368, s. 26 19Section 26. 30.28 (2) (a) 1. of the statutes is repealed.
SB368, s. 27 20Section 27. 30.28 (2) (a) 2. of the statutes is repealed.
SB368, s. 28 21Section 28. 30.28 (2) (a) 3. of the statutes is repealed.
SB368, s. 29 22Section 29. 30.28 (2) (b) 1. of the statutes is renumbered 30.28 (1) (c).
SB368, s. 30 23Section 30. 30.28 (2) (b) 2. of the statutes is renumbered 30.28 (1) (d).
SB368, s. 31 24Section 31. 30.28 (2m) (a) of the statutes is amended to read:
SB368,12,6
130.28 (2m) (a) The department shall refund a permit or approval fee charged
2under sub. (1) (a)
if the applicant requests a refund before the department
3determines that the application for the permit or approval is complete. Except as
4provided in par. (am), the department may not refund a permit or approval fee after
5the department determines that the application is complete unless required to do so
6under a rule promulgated under s. 299.05
.
SB368, s. 32 7Section 32. 30.28 (2m) (am) of the statutes is amended to read:
SB368,12,108 30.28 (2m) (am) The department shall refund 50% of the fee specified in sub.
9(2) (b) 1. (1) (c) if the department denies an application for a general permit under
10s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).
SB368, s. 33 11Section 33. 30.28 (2m) (b) of the statutes is amended to read:
SB368,12,1612 30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or
13submits a notice under s. 30.207 (7)
a person applies for a permit or otherwise seeks
14authorization or gives notice for a project or activity
after the project or activity is
15begun or after it is completed, the department shall charge an amount equal to twice
16the amount of the fee that it would have charged under this section.
SB368, s. 34 17Section 34. 30.28 (2m) (c) of the statutes is repealed.
SB368, s. 35 18Section 35. 30.28 (2m) (d) of the statutes is amended to read:
SB368,12,2319 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub.
20(2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) (1) or (1m)
21only if the increase is necessary to meet the costs incurred by the department in
22acting on general permits or on notices submitted under s. 30.207 performing the
23activities for which the fee is charged
.
SB368, s. 36 24Section 36. 30.28 (2r) (a) (intro.) of the statutes is amended to read:
SB368,13,3
130.28 (2r) (a) (intro.) The department, by rule, may charge a supplemental fee
2for a permit or, contract, authorization, other approval, or determination that is in
3addition to the fee charged under this section if all of the following apply:
SB368, s. 37 4Section 37. 30.28 (2r) (a) 1. of the statutes is amended to read:
SB368,13,85 30.28 (2r) (a) 1. The applicant requests in writing that the permit or, approval
6authorization, or determination be issued or the contract be granted within a time
7period that is shorter than the time limit under the rule promulgated under par. (b)
8for that type of permit or, contract, authorization, approval, or determination.
SB368, s. 38 9Section 38. 30.28 (2r) (b) of the statutes is amended to read:
Loading...
Loading...