2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 246
August 22, 2017 - Offered by Representative Sanfelippo.
87.30 (1m) of the statutes is renumbered 87.30 (1m) (ag), and 5
87.30 (1m) (ag) (intro.), 1. and 2., as renumbered, are amended to read:
(ag) (intro.) Notwithstanding any other provision of law or 7
administrative rule promulgated thereunder, a floodplain zoning ordinance required 8
under sub. (1) does not apply to lands adjacent to farm drainage ditches if all of the
1. Such lands are not within the floodplain of a natural navigable stream or 11
2. Those parts of the drainage ditches adjacent to these lands were 13
nonnavigable streams before ditching; and.
87.30 (1m) (am) of the statutes is created to read:
(am) Notwithstanding any other provision of law or administrative 3
rule promulgated thereunder, a floodplain zoning ordinance required under sub. (1) 4
does not apply to lands adjacent to farm drainage ditches if all of the following apply, 5
except to the extent necessary for the municipality to which the floodplain zoning 6
ordinance applies to maintain eligibility for participation in the National Flood 7
1. The farm drainage ditch is subject to the jurisdiction of a drainage district 9
under ch. 88.
2. The disposal of material in a floodplain is within the drainage district 11
corridor under s. 88.74.
3. The lands adjacent to the corridor are maintained in nonstructural 13
agricultural use or other nonstructural use.”.
283.33 (1) (intro.) of the statutes is amended to read:
283.33 (1) Requirement.
(intro.) An Except as provided in sub. (1m), an
or operator shall obtain a permit under this section for any of the following:
283.33 (1m) of the statutes is created to read:
283.33 (1m) Exemptions; limitation on local permitting.
(a) An owner or 20
operator is not required to obtain a permit under this section for any of the following:
1. A discharge of storm water associated with planting, growing, cultivating, 22
or harvesting crops for use or consumption by humans, livestock, as defined in s. 23
95.80 (1) (b), or poultry, including sod farms and tree nurseries.
2. A discharge of storm water associated with pasturing or yarding livestock, 2
as defined in s. 95.80 (1) (b), or poultry.
3. A discharge of storm water from land containing dredged material removed 4
from a drainage district ditch, if the land is adjacent to the ditch from which the 5
dredged material was removed.
4. Any other discharge of storm water exempted by the department by rule from 7
obtaining a permit under this section.
(b) A political subdivision may not require an owner or operator to obtain a 9
permit from the political subdivision for any discharge described under par. (a) 1. to 10
4. In this paragraph, “political subdivision” means a city, village, town, or county.
(c) The exemptions under par. (a) and the prohibition under par. (b) do not apply 12
to the construction of barns, manure storage facilities, barnyard runoff control 13
systems, or other similar structures.”.