AB600-ASA2,44 17Section 44. 31.02 (1) of the statutes is amended to read:
AB600-ASA2,22,418 31.02 (1) The department, in the interest of public rights in navigable waters
19or, to promote safety, and to protect life, health and , property, property values, and
20economic values
may regulate and control the level and flow of water in all navigable
21waters and may erect, or may order and require bench marks to be erected, upon
22which shall be designated the maximum level of water that may be impounded and
23the lowest level of water that may be maintained by any dam heretofore or hereafter
24constructed and maintained and which will affect the level and flow of navigable
25waters; and may by order fix a level for any body of navigable water below which the

1same shall not be lowered except as provided in this chapter; and shall establish and
2maintain gauging stations upon the various navigable waters of the state and shall
3take other steps necessary to determine and record the characteristics of such
4waters.
AB600-ASA2,45 5Section 45. 31.185 (5) of the statutes is amended to read:
AB600-ASA2,22,106 31.185 (5) As a prerequisite to the granting of a permit under this section, the
7department may require the applicant to comply with such conditions as it deems
8reasonably necessary in the particular case to preserve public rights in navigable
9waters, to promote safety, and to protect life, health and, property, property values,
10and economic values
.
AB600-ASA2,46 11Section 46. 31.345 of the statutes is created to read:
AB600-ASA2,22,19 1231.345 Petition for water level determination. (1) Within 30 days after
13the department receives a petition by a public inland lake protection and
14rehabilitation district to set the water level of a lake under s. 33.22 (6), the
15department shall make a preliminary water level determination for the lake. In
16making this determination, the department shall give substantial weight to any
17findings by the district relating to the water level the district has determined to be
18necessary to protect property, property values, and economic values within the
19district's jurisdiction.
AB600-ASA2,22,24 20(2) Within 15 days after the preliminary determination is made under sub. (1),
21the department shall post on the department's Internet site notice of its preliminary
22determination, all documents related to the determination, and a request for public
23comments on the determination. The department shall accept public comments for
2430 days after posting the request for public comments.
AB600-ASA2,23,7
1(3) Within 30 days after the public comment period under sub. (2) is closed, the
2secretary shall make a final water level determination for the lake. In making the
3final determination, the secretary of natural resources shall consider the district's
4petition, the department's preliminary determination under sub. (1), and all public
5comments received and shall give substantial weight to any findings by the district
6relating to the water level the district has determined to be necessary to protect
7property, property values, and economic values within the district's jurisdiction.
AB600-ASA2,47 8Section 47. 33.22 (6) of the statutes is created to read:
AB600-ASA2,23,129 33.22 (6) A district may petition the department to set, under ss. 31.02 (1) and
1031.345, the water level of a lake within the district's jurisdiction at a level the district
11determines to be necessary to protect property, property values, and economic values
12within the district's jurisdiction.
AB600-ASA2,48 13Section 48. 281.16 (1) (bg) of the statutes is created to read:
AB600-ASA2,23,1514 281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b)
15(a).
AB600-ASA2,49 16Section 49. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).
AB600-ASA2,50 17Section 50. 281.16 (2) (c) of the statutes is created to read:
AB600-ASA2,24,218 281.16 (2) (c) If a covered municipality has obtained all permits required for
19the construction of a storm water management pond in an artificial water body,
20whether navigable or nonnavigable, the department may not prohibit the
21construction of the storm water management pond as a method by which the covered
22municipality may achieve compliance with performance standards under par. (a) or
23with an approved total maximum daily load under 33 USC 1313 (d) (1) (C). The
24department shall give credit to the covered municipality for any pollutant reduction
25achieved by the storm water management pond in determining compliance with

1performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr)
2or an approved total maximum daily load under 33 USC 1313 (d).
AB600-ASA2,51 3Section 51. 281.36 (1) (am) of the statutes is created to read:
AB600-ASA2,24,74 281.36 (1) (am) "Demonstrable economic public benefit" means an economic
5benefit to the community or region that is measurable, such as increased access to
6natural resources, local spending by the proposed project, employment, or
7community investment.
AB600-ASA2,52 8Section 52. 281.36 (1) (ct) of the statutes is created to read:
AB600-ASA2,24,99 281.36 (1) (ct) "Small business" has the meaning given in s. 227.114 (1).
AB600-ASA2,53 10Section 53. 281.36 (3m) (b) of the statutes is amended to read:
AB600-ASA2,24,1511 281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include
12in an application submitted under par. (a) an analysis of the practicable alternatives
13that will avoid and minimize the adverse impacts of the discharge on wetland
14functional values and that will not result in any other significant adverse
15environmental consequences, subject to the limitations in sub. (3n) (a).
AB600-ASA2,54 16Section 54. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.)
17and amended to read:
AB600-ASA2,24,2418 281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland
19individual permit, during the period between the date on which the application
20under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m)
21(i) is rendered, the department shall conduct its review under this subsection. The
22department shall review the analysis of practicable alternatives presented in the
23application under sub. (3m) (b). The department shall limit its review of practicable
24alternatives as follows:
AB600-ASA2,25,3
11. The department shall limit its review to those practicable alternatives that
2are located at the site of the discharge and that are located adjacent to that site if the
3applicant has demonstrated that any of the following:
AB600-ASA2,25,5 4a. That the proposed project causing the discharge will result in a demonstrable
5economic public benefit, that.
AB600-ASA2,25,8 6b. That the proposed project is necessary for the expansion of an existing
7industrial, commercial, or agricultural facility that is in existence at the time the
8application is submitted, or that.
AB600-ASA2,25,10 9c. That the proposed project will occur in an industrial park that is in existence
10at the time the application is submitted.
AB600-ASA2,55 11Section 55. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:
AB600-ASA2,25,1512 281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit
13its review to those practicable alternatives that are located on the property owned
14by the applicant for a project involving fewer than 2 acres of wetland if the project
15is limited to one of the following:
AB600-ASA2,25,1716 a. The construction or expansion of a single-family home and attendant
17features.
AB600-ASA2,25,1818 b. The construction or expansion of a barn or farm buildings.
AB600-ASA2,25,1919 c. The expansion of a small business project.
AB600-ASA2,25,2420 3. The department shall limit its review to those practicable alternatives that
21are consistent with the overall purpose and scope of the project. The department
22shall impose a level of scrutiny and require an applicant to provide an amount of
23information that is commensurate with the severity of the environmental impact of
24the project, as determined by the department.
AB600-ASA2,56 25Section 56. 281.36 (3n) (am) of the statutes is created to read:
AB600-ASA2,26,5
1281.36 (3n) (am) Exception to review limit. A project that is part of a common
2plan of development that is initiated after July 1, 2012, is not eligible for the limited
3review under par. (a) 2. unless the wetland boundaries on the project site as shown
4in an onsite delineation have changed since commencement of the development
5project.
AB600-ASA2,57 6Section 57. 281.36 (4) (d) of the statutes is amended to read:
AB600-ASA2,26,97 281.36 (4) (d) Maintenance of drainage or roadside ditches except for those
8drainage or roadside ditches that serve as fish spawning habitat or passages to
9spawning habitat
.
AB600-ASA2,58 10Section 58. 281.36 (4) (f) of the statutes is created to read:
AB600-ASA2,26,1211 281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or
12stormwater detention basin and associated conveyance features.
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