Amendment ASA2-AB600

AB600-ASA2,44 Section 44. 31.02 (1) of the statutes is amended to read:

AB600-ASA2,22,4 31.02 (1) The department, in the interest of public rights in navigable waters or, to promote safety, and to protect life, health and , property, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.

AB600-ASA2,45 Section 45. 31.185 (5) of the statutes is amended to read:

AB600-ASA2,22,10 31.185 (5) As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health and, property, property values, and economic values.

AB600-ASA2,46 Section 46. 31.345 of the statutes is created to read:

AB600-ASA2,22,19 31.345 Petition for water level determination. (1) Within 30 days after the department receives a petition by a public inland lake protection and rehabilitation district to set the water level of a lake under s. 33.22 (6), the department shall make a preliminary water level determination for the lake. In making this determination, the department shall give substantial weight to any findings by the district relating to the water level the district has determined to be necessary to protect property, property values, and economic values within the district's jurisdiction.

AB600-ASA2,22,24 (2) Within 15 days after the preliminary determination is made under sub. (1), the department shall post on the department's Internet site notice of its preliminary determination, all documents related to the determination, and a request for public comments on the determination. The department shall accept public comments for 30 days after posting the request for public comments.

AB600-ASA2,23,7 (3) Within 30 days after the public comment period under sub. (2) is closed, the secretary shall make a final water level determination for the lake. In making the final determination, the secretary of natural resources shall consider the district's petition, the department's preliminary determination under sub. (1), and all public comments received and shall give substantial weight to any findings by the district relating to the water level the district has determined to be necessary to protect property, property values, and economic values within the district's jurisdiction.

AB600-ASA2,47 Section 47. 33.22 (6) of the statutes is created to read:

AB600-ASA2,23,12 33.22 (6) A district may petition the department to set, under ss. 31.02 (1) and 31.345, the water level of a lake within the district's jurisdiction at a level the district determines to be necessary to protect property, property values, and economic values within the district's jurisdiction.

AB600-ASA2,48 Section 48. 281.16 (1) (bg) of the statutes is created to read:

AB600-ASA2,23,15 281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b) (a).

AB600-ASA2,49 Section 49. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).

AB600-ASA2,50 Section 50. 281.16 (2) (c) of the statutes is created to read:

AB600-ASA2,24,2 281.16 (2) (c) If a covered municipality has obtained all permits required for the construction of a storm water management pond in an artificial water body, whether navigable or nonnavigable, the department may not prohibit the construction of the storm water management pond as a method by which the covered municipality may achieve compliance with performance standards under par. (a) or with an approved total maximum daily load under 33 USC 1313 (d) (1) (C). The department shall give credit to the covered municipality for any pollutant reduction achieved by the storm water management pond in determining compliance with performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr) or an approved total maximum daily load under 33 USC 1313 (d).

AB600-ASA2,51 Section 51. 281.36 (1) (am) of the statutes is created to read:

AB600-ASA2,24,7 281.36 (1) (am) "Demonstrable economic public benefit" means an economic benefit to the community or region that is measurable, such as increased access to natural resources, local spending by the proposed project, employment, or community investment.

AB600-ASA2,52 Section 52. 281.36 (1) (ct) of the statutes is created to read:

AB600-ASA2,24,9 281.36 (1) (ct) "Small business" has the meaning given in s. 227.114 (1).

AB600-ASA2,53 Section 53. 281.36 (3m) (b) of the statutes is amended to read:

AB600-ASA2,24,15 281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include in an application submitted under par. (a) an analysis of the practicable alternatives that will avoid and minimize the adverse impacts of the discharge on wetland functional values and that will not result in any other significant adverse environmental consequences, subject to the limitations in sub. (3n) (a).

AB600-ASA2,54 Section 54. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.) and amended to read:

AB600-ASA2,24,24 281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland individual permit, during the period between the date on which the application under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m) (i) is rendered, the department shall conduct its review under this subsection. The department shall review the analysis of practicable alternatives presented in the application under sub. (3m) (b). The department shall limit its review of practicable alternatives as follows:

AB600-ASA2,25,3 1. The department shall limit its review to those practicable alternatives that are located at the site of the discharge and that are located adjacent to that site if the applicant has demonstrated that any of the following:

AB600-ASA2,25,5 a. That the proposed project causing the discharge will result in a demonstrable economic public benefit, that.

AB600-ASA2,25,8 b. That the proposed project is necessary for the expansion of an existing industrial, commercial, or agricultural facility that is in existence at the time the application is submitted, or that.

AB600-ASA2,25,10 c. That the proposed project will occur in an industrial park that is in existence at the time the application is submitted.

AB600-ASA2,55 Section 55. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:

AB600-ASA2,25,15 281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit its review to those practicable alternatives that are located on the property owned by the applicant for a project involving fewer than 2 acres of wetland if the project is limited to one of the following:

AB600-ASA2,25,17 a. The construction or expansion of a single-family home and attendant features.

AB600-ASA2,25,18 b. The construction or expansion of a barn or farm buildings.

AB600-ASA2,25,19 c. The expansion of a small business project.

AB600-ASA2,25,24 3. The department shall limit its review to those practicable alternatives that are consistent with the overall purpose and scope of the project. The department shall impose a level of scrutiny and require an applicant to provide an amount of information that is commensurate with the severity of the environmental impact of the project, as determined by the department.

AB600-ASA2,56 Section 56. 281.36 (3n) (am) of the statutes is created to read:

AB600-ASA2,26,5 281.36 (3n) (am) Exception to review limit. A project that is part of a common plan of development that is initiated after July 1, 2012, is not eligible for the limited review under par. (a) 2. unless the wetland boundaries on the project site as shown in an onsite delineation have changed since commencement of the development project.

AB600-ASA2,57 Section 57. 281.36 (4) (d) of the statutes is amended to read:

AB600-ASA2,26,9 281.36 (4) (d) Maintenance of drainage or roadside ditches except for those drainage or roadside ditches that serve as fish spawning habitat or passages to spawning habitat.

AB600-ASA2,58 Section 58. 281.36 (4) (f) of the statutes is created to read:

AB600-ASA2,26,12 281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or stormwater detention basin and associated conveyance features.

AB600-ASA2,26,13 (End)