3. Potential secondary impacts of the proposed project to wetland functional 9
4. The impact on functional values resulting from the mitigation that is 11
required under sub. (3r).
5. The net positive or negative environmental impact of the proposed project.
(c) Standards for issuing permits.
The department shall make a finding that 14
a proposed project causing a discharge is in compliance with water quality standards 15
and that a wetland individual permit may be issued if the department determines 16
that all of the following apply:
1. The proposed project represents the least environmentally damaging 18
practicable alternative taking into consideration practicable alternatives that avoid 19
2. All practicable measures to minimize the adverse impacts to wetland 21
functional values will be taken.
3. The proposed project will not result in significant adverse impact to wetland 23
functional values, in significant adverse impact to water quality, or in other 24
significant adverse environmental consequences.
(d) Mitigation required.
The department shall require mitigation under the 2
program established under sub. (3r) for wetland individual permits it issues under 3
SB368, s. 86
281.36 (3p) of the statutes is created to read:
281.36 (3p) Notice requirements; wetland individual permits.
(a) The 6
department shall establish procedures for providing notices of pending applications 7
and notices of public informational hearings to be provided under sub. (3m). The 8
procedures shall require all of the following:
1. That the notice be published as a class 1 notice under ch. 985.
2. That the notice be mailed to any person or group upon request of the person 11
3. That the notice be published on the department's Internet Web site.
(b) The department shall prescribe the form and content of notices of pending 14
applications and notices of public informational hearings to be provided under sub. 15
(3m). Each notice shall include all of the following information:
1. The name and address of the applicant.
2. A brief description of the discharge that requires the permit and the project 18
that includes the discharge.
3. For a notice of a public informational hearing, the time, date, and location 20
of the hearing.
4. For a notice of pending application and a notice of a public informational 22
hearing, a brief, precise, easily understandable, plain-language description of the 23
discharge and information indicating where the pending application may be viewed 24
on the department's Internet Web site.
5. For a notice of complete application and a notice of a public informational 2
hearing, a statement of the tentative determination of the department on the permit.
6. For a notice of complete application and a notice of public informational 4
hearing, a brief description of the procedures for the formulation of final 5
determinations, including a description of the comment period required under sub. 6
(c) For the purpose of determining the date on which notice is provided under 8
this subsection, the date of the notice shall be the date on which the department first 9
publishes the notice on its Internet Web site, unless the department delegates to the 10
applicant under par. (d) the requirement to provide notice. If the department 11
delegates to the applicant the requirement to provide notice, the date of the notice 12
shall be the date on which the department first publishes the notice on its Internet 13
Web site or 10 days after the date on which the department receives satisfactory proof 14
of publication of a class 1 notice from the applicant, whichever is later.
(d) The department may delegate the department's requirement to provide 16
notice under sub. (3m) in the manner specified in par. (a) 1. and 2. by doing any of 17
1. Requiring that the applicant for the permit provide by publication, mailing, 19
or other distribution one or more of the notices.
2. Requiring that the applicant for the permit pay for the publication, mailing, 21
or any other distribution costs of providing one or more of the notices.
SB368, s. 87
281.36 (3r) of the statutes is created to read:
281.36 (3r) Mitigation; in lieu fee subprogram.
(a) The department shall 24
establish a mitigation program that applies only to the issuance of wetland
individual permits and that allows mitigation to be accomplished by any of the 2
1. Purchasing credits from a mitigation bank located in this state.
2. Participating in the in lieu fee subprogram, if such a subprogram is 5
established under par. (e).
3. Completing mitigation within the same watershed or within one-half mile 7
of the site of the discharge.
(b) Under the mitigation program, mitigation as specified in par. (a) 1. and 9
participation in the in lieu fee subprogram, if established under par. (a) 2. shall be 10
the preferred types of mitigation.
(c) The department shall establish a system of service areas for the mitigation 12
banks under the mitigation program that is geographically based on the locations of 13
the major watersheds in the state. The system shall be consistent with federal 14
(d) The department shall establish under the mitigation program mitigation 16
ratios that are consistent with the federal regulations that apply to mitigation and 17
mitigation banks but the minimum ratio shall be at least 1.2 acres for each acre 18
affected by the discharge.
(e) As part of the mitigation program established under par. (a), the department 20
may establish an in lieu fee subprogram, in consultation with the army corps of 21
engineers, under which payments are made to the department or another entity for 22
the purposes of restoring, enhancing, creating, or preserving wetlands or other water 23
resource features. The department shall establish requirements for calculating the 24
in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit 25
from the program shall be open to the public for hunting, fishing, trapping,
cross-country skiing, or hiking or any combination thereof, but the department may 2
establish reasonable restrictions on the use of the land by the public in order to 3
protect public safety or to protect a unique plant or animal community. The 4
subprogram shall be consistent with federal regulations.
SB368, s. 88
281.36 (4) (intro.) of the statutes is amended to read:
281.36 (4) Exemptions.
(intro.) Except as provided in sub. (5), the certification 7permitting
requirement under sub. (2)
does not apply to any discharge that is 8
the result of any of the following activities:
SB368, s. 89
281.36 (4) (b) of the statutes is amended to read:
(b) Maintenance, emergency repair, or reconstruction of damaged 11
parts of structures that are in use in a nonfederal
SB368, s. 90
281.36 (4) (e) 1. of the statutes is amended to read:
(e) 1. That the flow and circulation patterns and chemical and 14
biological characteristics of the affected nonfederal
wetland are not impaired.
SB368, s. 91
281.36 (4) (e) 2. of the statutes is amended to read:
(e) 2. That the reach of the affected nonfedera
l wetland is not 17
SB368, s. 92
281.36 (4) (e) 3. of the statutes is amended to read:
(e) 3. That any adverse effect on the aquatic environment of the 20
wetland is minimized to the degree required by the department.
SB368, s. 93
281.36 (5) (intro.) of the statutes is amended to read:
281.36 (5) Inapplicability of exemptions.
(intro.) Notwithstanding sub. (4), 23
a discharge that would be exempt under sub. (4) is subject to the
requirement under sub. (2)
if the discharge is incidental to an activity 25
that has as its purpose bringing a nonfederal
wetland, or part of a nonfederal
wetland, into a use for which it was not previously subject and if the activity may do 2
any of the following:
SB368, s. 94
281.36 (5) (a) of the statutes is amended to read:
(a) Impair the flow or circulation of any
SB368, s. 95
281.36 (5) (b) of the statutes is amended to read:
(b) Reduce the reach of any nonfederal
SB368, s. 96
281.36 (6) (a) 1. of the statutes is amended to read:
(a) 1. Make the rules consistent with existing federal law or
SB368, s. 97
281.36 (7) of the statutes is repealed.
SB368, s. 98
281.36 (8) (title) of the statutes is repealed.
SB368, s. 99
281.36 (8) (a) of the statutes is repealed.
SB368, s. 100
281.36 (8) (b) of the statutes is repealed.
SB368, s. 101
281.36 (8) (bn) 1. of the statutes is renumbered 281.36 (3g) (b) and 15
amended to read:
(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
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
281.36 (8) (bn) 2. of the statutes is repealed.
SB368, s. 103
281.36 (8) (c) of the statutes is repealed.
SB368, s. 104
281.36 (8) (d) of the statutes is repealed.
SB368, s. 105
281.36 (8) (e) of the statutes is repealed.
SB368, s. 106
281.36 (9) (a) (intro.) of the statutes is amended to read:
(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 7
representative of the department, upon presenting his or her credentials, may do any 8
of the following:
SB368, s. 107
281.36 (9) (a) 1. of the statutes is amended to read:
(a) 1. Enter and inspect any property on which is located a nonfederal 11
or part of a nonfederal
wetland, for which an application for a water quality
has been submitted to the department
under sub. (3g) or (3m)
SB368, s. 108
281.36 (9) (a) 2. of the statutes is amended to read:
(a) 2. Enter and inspect any property on which is located a nonfederal 15
wetland to investigate a discharge of dredged or fill material
that the department has 16
reason to believe is in violation of this section.
SB368, s. 109
281.36 (9) (a) 3. of the statutes is amended to read:
(a) 3. Gain access to and inspect any records that the department
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
SB368, s. 110
281.36 (9) (am) to (c) of the statutes are repealed.
SB368, s. 111
281.36 (9) (d) and (e) of the statutes are created to read:
The department shall provide reasonable advance notice to the 25
property owner before entering and inspecting property as authorized under par (a).
(e) If the owner of the property refuses to give consent for the entry and 2
inspection, the department may do any of the following:
1. Apply for, obtain, and execute a special inspection warrant under s. 66.0119.
2. Deny an application for a wetland individual permit or deny authorization 5
to proceed under a wetland general permit.
SB368, s. 112
281.36 (10) (intro.) and (a) of the statutes are consolidated, 7
renumbered 281.36 (10) and amended to read:
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.
section 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 14
wetland under ss. 59.692, 61.351, 62.231, 87.30, 281.11 to 281.35, 281.41 to 281.47, 15
or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
SB368, s. 113
281.36 (10) (b) of the statutes is repealed.
SB368, s. 114
281.36 (11) of the statutes is created to read:
281.36 (11) Restoration; surcharge fee.
(a) The department shall set a 19
surcharge fee to be charged for each application to proceed under a wetland general 20
permit that is issued under sub. (3g) (a) 4., 5., or 6. The surcharge fee shall be set 21
on an annual basis by the department and may not exceed more than 50 percent of 22
the market price, as determined by the department, for the equivalent purchase of 23
credits from a mitigation bank. These fees shall be credited to the appropriation 24
account under s. 20.370 (4) (bm) for the restoration and creation of wetlands. The
department may enter into agreements with other entities for the restoration and 2
creation of such wetlands.
Any wetland that is restored or created using funding from the 4
appropriation under s. 20.370 (4) (bm) shall be open to the public for hunting, fishing, 5
trapping, cross-country skiing, or hiking or any combination thereof, but the 6
department may establish reasonable restrictions on the use of the land by the public 7
in order to protect public safety or to protect a unique plant or animal community.
SB368, s. 115
281.36 (12) (a) of the statutes is created to read:
(a) Fees required.
The department shall charge a fee for reviewing, 10
investigating, and making decisions on applications to proceed under wetland 11
general permits under sub. (3g) and on applications for wetland individual permits 12
under sub. (3m). For an authorization to proceed under a wetland general permit, 13
the application fee shall be $500. For a wetland individual permit, the application 14
fee shall be $800.
SB368, s. 116
281.36 (12) (b) of the statutes is created to read:
(b) Additional fee.
The department may set and charge a fee in the 17
amount necessary to meet the costs incurred by the department in reviewing 18
mitigation that is conducted by mitigation banks.
SB368, s. 117
281.36 (13) of the statutes is created to read:
281.36 (13) Parties to a violation.
(a) Whoever is concerned in the commission 21
of a violation of this section for which a forfeiture is imposed is a principal and may 22
be charged and found in violation although he or she did not directly commit the 23
violation and although the person who directly committed it has not been found in 24
(b) A person is concerned in the commission of the violation if the person does 2
any of the following:
1. Directly commits the violation.