Feed for /2011/related/proposals/sb368 PDF
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.
SB368, s. 111 23Section 111. 281.36 (9) (d) and (e) of the statutes are created to read:
SB368,34,2524 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).
SB368,35,2
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:
SB368,35,33 1. Apply for, obtain, and execute a special inspection warrant under s. 66.0119.
SB368,35,54 2. Deny an application for a wetland individual permit or deny authorization
5to proceed under a wetland general permit.
SB368, s. 112 6Section 112. 281.36 (10) (intro.) and (a) of the statutes are consolidated,
7renumbered 281.36 (10) and amended to read:
SB368,35,158 281.36 (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.
SB368, s. 113 16Section 113. 281.36 (10) (b) of the statutes is repealed.
SB368, s. 114 17Section 114. 281.36 (11) of the statutes is created to read:
SB368,36,218 281.36 (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.
SB368,36,73 (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.
SB368, s. 115 8Section 115. 281.36 (12) (a) of the statutes is created to read:
SB368,36,149 281.36 (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.
SB368, s. 116 15Section 116. 281.36 (12) (b) of the statutes is created to read:
SB368,36,1816 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.
SB368, s. 117 19Section 117. 281.36 (13) of the statutes is created to read:
SB368,36,2420 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.
SB368,37,2
1(b) A person is concerned in the commission of the violation if the person does
2any of the following:
SB368,37,33 1. Directly commits the violation.
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