Feed for /2011/related/proposals/sb368 PDF
SB368,24,422 281.36 (3g) (i) Wetland individual permit in lieu of wetland general permit. For
23a proposed discharge for which an application has been received by the department
24under par. (h), the department may decide to require that a person who submitted
25the application apply for a wetland individual permit if the department has

1inspected the site as provided in par. (h) and has determined that conditions specific
2to the site require additional restrictions on the discharge in order to provide
3reasonable assurance that no significant adverse impacts to wetland functional
4values will occur.
SB368, s. 84 5Section 84. 281.36 (3m) of the statutes is created to read:
SB368,24,156 281.36 (3m) Wetland individual permits. (a) When permit required. Any
7person wishing to proceed with a discharge into any wetland shall submit an
8application for a wetland individual permit under this subsection unless the
9discharge has been authorized under a wetland general permit as provided in sub.
10(3g) or is exempt under sub. (4). Before submitting the application, the department
11shall hold a meeting with the applicant to discuss the details of the proposed
12discharge and the requirements for submitting the application and for delineating
13the wetland. An applicant may include in the application a request for a public
14informational hearing. The application shall be accompanied by the applicable fee
15specified in sub. (11) or (12) (a) 1.
SB368,24,2016 (b) Analysis of practicable alternatives. An applicant shall include in an
17application submitted under par. (a) an analysis of the practicable alternatives that
18will avoid and minimize the adverse impacts of the discharge on wetland functional
19values and that will not result in any other significant adverse environmental
20consequences.
SB368,25,321 (c) Review; no additional information required. In issuing wetland individual
22permits under this section, the department shall review an application, and within
2330 days after the application is submitted, the department shall determine that
24either the application is complete or that additional information is needed. If the
25department determines that the application is complete, the department shall notify

1the applicant in writing of that fact within the 30-day period, and the date on which
2the notice under this paragraph is sent shall be considered the date of closure for
3purposes of par. (g) 1.
SB368,25,154 (d) Additional information requested. If the department determines that the
5application is incomplete, the department shall notify the applicant in writing and
6may make only one request for additional information during the 30-day period
7specified in par. (c). Within 10 days after receiving all of the requested information
8from the applicant, the department shall notify the applicant in writing as to
9whether the application is complete. The date on which the 2nd notice under this
10paragraph is sent shall be set as the date of closure for purposes of par. (g) 1. The
11department may request additional information from the applicant to supplement
12the application, but the department may not request items of information that are
13outside the scope of the original request unless the applicant and the department
14both agree. A request for any such additional information may not affect the date
15of closure.
SB368,25,1916 (e) Specificity of notice; limits on information. Any notice stating that an
17application has been determined to be incomplete or any other request for
18information that is sent under par. (d) shall state the reason for the determination
19or request and the specific items of information that are still needed.
SB368,25,2320 (f) Failure to meet time limits. If the department fails to meet the 30-day time
21limit under par. (c) or 10-day time limit under par. (d), the application shall be
22considered to have a date of closure that is the last day of that 30-day or 10-day time
23period for purposes of par. (g) 1.
SB368,26,324 (g) Notice of application. 1. Within 15 days after the date of closure, as
25determined under par. (c) or (d), the department shall provide notice of pending

1application to interested members of the public. If the applicant has requested a
2public informational hearing as part of the submitted application, a notice of the
3public hearing shall be part of the notice of pending application.
SB368,26,84 2. If the notice of pending application does not contain a notice of public
5informational hearing, any person may request a public informational hearing in
6writing or the department may decide to hold a public informational hearing with
7or without a request being submitted if the department determines that there is a
8significant public interest in holding a hearing.
SB368,26,159 (h) Request for hearing. A request for a public informational hearing under par.
10(g) 2. must be submitted to the department or the department's decision to hold a
11public informational hearing must occur within 20 days after the department
12provides the notice of pending application. The department shall provide notice of
13public informational hearing within 15 days after the request for the public hearing
14is submitted or the department makes its decision to hold a public informational
15hearing.
SB368,26,2416 (i) Decision. Within 20 days after the period for public comment under par. (j)
17has ended or if no public informational hearing is held, within 30 days after the
1830-day comment period under par. (j) has ended, the department shall render a
19decision issuing or denying the wetland individual permit that is the subject of the
20application submitted under par. (a). If the decision issued by the department under
21this paragraph is a denial, the department shall include in the decision the specific
22grounds and reasons as to how the applicable provisions of this section were not met.
23If the denial is based on an incomplete application, the department shall inform the
24applicant of the areas of the application that were incomplete.
SB368,27,8
1(j) Public comment. 1. The department shall provide a period for public
2comment after the department has provided a notice of pending application under
3par. (g) during which time any person may submit written comments with respect
4to the application for a wetland individual permit. The department shall retain all
5of the written comments submitted during this period and shall consider all of the
6comments in rendering a decision on the application. The period for public comment
7shall end on the 30th day following the date on which the department provides the
8notice of pending application except as provided in subd. 2.
SB368,27,109 2. If a public informational hearing is held, the period for public comment shall
10end on the 10th day following the date on which the hearing is completed.
SB368, s. 85 11Section 85. 281.36 (3n) of the statutes is created to read:
SB368,27,2412 281.36 (3n) Review by department. (a) Review limits. For the purpose of
13issuing a wetland individual permit, during the period between the date on which
14the application under sub. (3m) (a) is submitted and the date on which a decision
15under sub. (3m) (i) is rendered, the department shall conduct its review under this
16subsection. The department shall review the analysis of practicable alternatives
17presented in the application under sub. (3m) (b). The department shall limit its
18review to those practicable alternatives that are located at the site of the discharge
19and that are located adjacent to that site if the applicant has demonstrated that the
20proposed project causing the discharge will result in a demonstrable economic
21benefit, that the proposed project is necessary for the expansion of an existing
22industrial or commercial facility that is in existence at the time the application is
23submitted, or that the proposed project will occur in an industrial park that is in
24existence at the time the application is submitted.
SB368,28,3
1(b) Factors used in review. In its review under par. (a), the department shall
2consider all of the following factors when it assesses the impacts to wetland
3functional values:
SB368,28,44 1. The direct impacts of the proposed project to wetland functional values.
SB368,28,75 2. The cumulative impacts attributable to the proposed project that may occur
6to wetland functional values based on past impacts or reasonably anticipated
7impacts caused by similar projects in the area affected by the project.
SB368,28,98 3. Potential secondary impacts of the proposed project to wetland functional
9values.
SB368,28,1110 4. The impact on functional values resulting from the mitigation that is
11required under sub. (3r).
SB368,28,1212 5. The net positive or negative environmental impact of the proposed project.
SB368,28,1613 (c) Standards for issuing permits. The department shall make a finding that
14a proposed project causing a discharge is in compliance with water quality standards
15and that a wetland individual permit may be issued if the department determines
16that all of the following apply:
SB368,28,1917 1. The proposed project represents the least environmentally damaging
18practicable alternative taking into consideration practicable alternatives that avoid
19wetland impacts.
SB368,28,2120 2. All practicable measures to minimize the adverse impacts to wetland
21functional values will be taken.
SB368,28,2422 3. The proposed project will not result in significant adverse impact to wetland
23functional values, in significant adverse impact to water quality, or in other
24significant adverse environmental consequences.
SB368,29,3
1(d) Mitigation required. The department shall require mitigation under the
2program established under sub. (3r) for wetland individual permits it issues under
3this subsection.
SB368, s. 86 4Section 86. 281.36 (3p) of the statutes is created to read:
SB368,29,85 281.36 (3p) Notice requirements; wetland individual permits. (a) The
6department shall establish procedures for providing notices of pending applications
7and notices of public informational hearings to be provided under sub. (3m). The
8procedures shall require all of the following:
SB368,29,99 1. That the notice be published as a class 1 notice under ch. 985.
SB368,29,1110 2. That the notice be mailed to any person or group upon request of the person
11or group.
SB368,29,1212 3. That the notice be published on the department's Internet Web site.
SB368,29,1513 (b) The department shall prescribe the form and content of notices of pending
14applications and notices of public informational hearings to be provided under sub.
15(3m). Each notice shall include all of the following information:
SB368,29,1616 1. The name and address of the applicant.
SB368,29,1817 2. A brief description of the discharge that requires the permit and the project
18that includes the discharge.
SB368,29,2019 3. For a notice of a public informational hearing, the time, date, and location
20of the hearing.
SB368,29,2421 4. For a notice of pending application and a notice of a public informational
22hearing, a brief, precise, easily understandable, plain-language description of the
23discharge and information indicating where the pending application may be viewed
24on the department's Internet Web site.
SB368,30,2
15. For a notice of complete application and a notice of a public informational
2hearing, a statement of the tentative determination of the department on the permit.
SB368,30,63 6. For a notice of complete application and a notice of public informational
4hearing, a brief description of the procedures for the formulation of final
5determinations, including a description of the comment period required under sub.
6(3m) (j).
SB368,30,147 (c) For the purpose of determining the date on which notice is provided under
8this subsection, the date of the notice shall be the date on which the department first
9publishes the notice on its Internet Web site, unless the department delegates to the
10applicant under par. (d) the requirement to provide notice. If the department
11delegates to the applicant the requirement to provide notice, the date of the notice
12shall be the date on which the department first publishes the notice on its Internet
13Web site or 10 days after the date on which the department receives satisfactory proof
14of publication of a class 1 notice from the applicant, whichever is later.
SB368,30,1715 (d) The department may delegate the department's requirement to provide
16notice under sub. (3m) in the manner specified in par. (a) 1. and 2. by doing any of
17the following:
SB368,30,1918 1. Requiring that the applicant for the permit provide by publication, mailing,
19or other distribution one or more of the notices.
SB368,30,2120 2. Requiring that the applicant for the permit pay for the publication, mailing,
21or any other distribution costs of providing one or more of the notices.
SB368, s. 87 22Section 87. 281.36 (3r) of the statutes is created to read:
SB368,31,223 281.36 (3r) Mitigation; in lieu fee subprogram. (a) The department shall
24establish a mitigation program that applies only to the issuance of wetland

1individual permits and that allows mitigation to be accomplished by any of the
2following methods:
SB368,31,33 1. Purchasing credits from a mitigation bank located in this state.
SB368,31,54 2. Participating in the in lieu fee subprogram, if such a subprogram is
5established under par. (e).
SB368,31,76 3. Completing mitigation within the same watershed or within one-half mile
7of the site of the discharge.
SB368,31,108 (b) Under the mitigation program, mitigation as specified in par. (a) 1. and
9participation in the in lieu fee subprogram, if established under par. (a) 2. shall be
10the preferred types of mitigation.
SB368,31,1411 (c) The department shall establish a system of service areas for the mitigation
12banks under the mitigation program that is geographically based on the locations of
13the major watersheds in the state. The system shall be consistent with federal
14regulations.
SB368,31,1815 (d) The department shall establish under the mitigation program mitigation
16ratios that are consistent with the federal regulations that apply to mitigation and
17mitigation banks but the minimum ratio shall be at least 1.2 acres for each acre
18affected by the discharge.
SB368,32,419 (e) As part of the mitigation program established under par. (a), the department
20may establish an in lieu fee subprogram, in consultation with the army corps of
21engineers, under which payments are made to the department or another entity for
22the purposes of restoring, enhancing, creating, or preserving wetlands or other water
23resource features. The department shall establish requirements for calculating the
24in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit
25from the program shall be open to the public for hunting, fishing, trapping,

1cross-country skiing, or hiking or any combination thereof, but the department may
2establish reasonable restrictions on the use of the land by the public in order to
3protect public safety or to protect a unique plant or animal community. The
4subprogram shall be consistent with federal regulations.
SB368, s. 88 5Section 88. 281.36 (4) (intro.) of the statutes is amended to read:
SB368,32,86 281.36 (4) Exemptions. (intro.) Except as provided in sub. (5), the certification
7permitting requirement under sub. (2) (3b) does not apply to any discharge that is
8the result of any of the following activities:
SB368, s. 89 9Section 89. 281.36 (4) (b) of the statutes is amended to read:
SB368,32,1110 281.36 (4) (b) Maintenance, emergency repair, or reconstruction of damaged
11parts of structures that are in use in a nonfederal wetland.
SB368, s. 90 12Section 90. 281.36 (4) (e) 1. of the statutes is amended to read:
SB368,32,1413 281.36 (4) (e) 1. That the flow and circulation patterns and chemical and
14biological characteristics of the affected nonfederal wetland are not impaired.
SB368, s. 91 15Section 91. 281.36 (4) (e) 2. of the statutes is amended to read:
SB368,32,1716 281.36 (4) (e) 2. That the reach of the affected nonfederal wetland is not
17reduced.
SB368, s. 92 18Section 92. 281.36 (4) (e) 3. of the statutes is amended to read:
SB368,32,2019 281.36 (4) (e) 3. That any adverse effect on the aquatic environment of the
20affected nonfederal wetland is minimized to the degree required by the department.
SB368, s. 93 21Section 93. 281.36 (5) (intro.) of the statutes is amended to read:
SB368,33,222 281.36 (5) Inapplicability of exemptions. (intro.) Notwithstanding sub. (4),
23a discharge that would be exempt under sub. (4) is subject to the certification
24permitting requirement under sub. (2) (3b) if the discharge is incidental to an activity
25that has as its purpose bringing a nonfederal wetland, or part of a nonfederal

1wetland, into a use for which it was not previously subject and if the activity may do
2any of the following:
SB368, s. 94 3Section 94. 281.36 (5) (a) of the statutes is amended to read:
SB368,33,44 281.36 (5) (a) Impair the flow or circulation of any nonfederal wetland.
SB368, s. 95 5Section 95. 281.36 (5) (b) of the statutes is amended to read:
SB368,33,66 281.36 (5) (b) Reduce the reach of any nonfederal wetland.
SB368, s. 96 7Section 96. 281.36 (6) (a) 1. of the statutes is amended to read:
SB368,33,98 281.36 (6) (a) 1. Make the rules consistent with existing federal law or
9interpretation
.
SB368, s. 97 10Section 97. 281.36 (7) of the statutes is repealed.
SB368, s. 98 11Section 98. 281.36 (8) (title) of the statutes is repealed.
SB368, s. 99 12Section 99. 281.36 (8) (a) of the statutes is repealed.
SB368, s. 100 13Section 100. 281.36 (8) (b) of the statutes is repealed.
SB368, s. 101 14Section 101. 281.36 (8) (bn) 1. of the statutes is renumbered 281.36 (3g) (b) and
15amended to read:
SB368,33,2216 281.36 (3g) (b) Additional required permits. The In addition to the wetland
17general permits required under par. (a), the
department shall issue wetland general
18water quality certifications permits that are consistent with all of the, and
19correspond to, any
general permits that are issued under 33 USC 1344 (e) that
20applied on January 8, 2001, to nonfederal wetlands located in this state
and that
21regulate discharges other than those regulated under the required wetland general
22permits issued under par. (a)
.
SB368, s. 102 23Section 102. 281.36 (8) (bn) 2. of the statutes is repealed.
SB368, s. 103 24Section 103. 281.36 (8) (c) of the statutes is repealed.
SB368, s. 104 25Section 104. 281.36 (8) (d) of the statutes is repealed.
SB368, s. 105
1Section 105. 281.36 (8) (e) of the statutes is repealed.
SB368, s. 106 2Section 106. 281.36 (9) (a) (intro.) of the statutes is amended to read:
SB368,34,83 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland
4individual permit, whether authorization to proceed as authorized under a wetland
5general permit is appropriate, or whether an exemption under sub. (4) is
6appropriate, and for purposes
of enforcing this section, any employee or other
7representative of the department, upon presenting his or her credentials, may do any
8of the following:
SB368, s. 107 9Section 107. 281.36 (9) (a) 1. of the statutes is amended to read:
SB368,34,1210 281.36 (9) (a) 1. Enter and inspect any property on which is located a nonfederal
11wetland, or part of a nonfederal wetland, for which an application for a water quality
12certification
has been submitted to the department under sub. (3g) or (3m).
SB368, s. 108 13Section 108. 281.36 (9) (a) 2. of the statutes is amended to read:
SB368,34,1614 281.36 (9) (a) 2. Enter and inspect any property on which is located a nonfederal
15wetland to investigate a discharge of dredged or fill material that the department has
16reason to believe is in violation of this section.
SB368, s. 109 17Section 109. 281.36 (9) (a) 3. of the statutes is amended to read:
SB368,34,2118 281.36 (9) (a) 3. Gain access to and inspect any records that the department
19requires
a holder of a water quality certification to wetland individual permit or a
20person acting under the authority of a wetland general permit is required by the
21department to
keep.
SB368, s. 110 22Section 110. 281.36 (9) (am) to (c) of the statutes are repealed.
Loading...
Loading...