2013 - 2014 LEGISLATURE
January 7, 2014 - Introduced by Representative Bies, cosponsored by Senators
Grothman and Tiffany. Referred to Committee on Environment and Forestry.
1An Act to create
281.363 of the statutes; relating to: an exemption from
2wetland permitting and mitigation requirements for a discharge into a wetland
3located in the city of Sturgeon Bay.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, a person may not discharge
dredged or fill material into a wetland unless the discharge is authorized under an
individual or general permit issued by the Department of Natural Resources (DNR).
DNR may not authorize the discharge pursuant to a permit unless it determines that
the discharge will comply with all applicable state water quality standards.
This bill creates an exemption for a wetland from the permitting requirement
from the DNR water quality certification process and from the requirement to obtain
certain approvals from DNR. To qualify for the exemption, the discharge may not
fill an area of wetland that exceeds 7,700 square feet, the discharge must be for the
purpose of constructing a single-family residence, and the site of the discharge must
be at a certain location in the city of Sturgeon Bay.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
281.363 of the statutes is created to read:
1281.363 Wetland permits, exception.
Notwithstanding s. 281.36, the 2
discharge of dredged or fill material into a wetland shall be exempt from the 3
permitting and mitigation requirements under s. 281.36 and shall be considered to 4
have received water quality certification as required by 33 USC 1341
(a) if all of the 5
The discharge will not fill an area of wetland that exceeds 7,700 square feet.
The discharge is for the purpose of constructing a single-family residence.
The discharge will be at a site that is located on the northwest corner of 9
Ridgeway Drive and East Circle Ridge Place, in the city of Sturgeon Bay and within 10
an area that consists of the NE-1/4 of the NE-1/4 of Sec. 17, T. 27 N., R. 26 E.