2017 WISCONSIN ACT 118
An Act to renumber and amend 281.36 (3n) (d); and to create 281.36 (3n) (d) 2. of the statutes; relating to: mitigation requirements applicable to wetland individual permits.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
281.36 (3n) (d) of the statutes is renumbered 281.36 (3n) (d) 1. and amended to read:
281.36 (3n) (d) 1. The Except as provided in subd. 2., the department shall require mitigation under the program established under sub. (3r) for wetland individual permits it issues under this subsection. This subsection does not entitle an applicant to a wetland individual permit or any other approval in exchange for conducting mitigation.
281.36 (3n) (d) 2. of the statutes is created to read:
281.36 (3n) (d) 2. If the department issues a wetland individual permit under sub. (3m) to a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, water, or power to its members only, the department may not require mitigation under the program established under sub. (3r) unless the discharge authorized by the wetland individual permit will result in a permanent fill of more than 10,000 square feet of wetland.