The substitute amendment requires DNR to identify land under its jurisdiction
that is appropriate to include in the mitigation program. The substitute amendment
requires DNR to include in the mitigation program no less than 25 percent of all DNR
land and to include land in every watershed in the state.
The substitute amendment requires DNR to issue a request for proposals
within three months after identifying appropriate lands or at the beginning of the
next fiscal year, whichever is earlier, and no later than July 1 of each subsequent
year. Under the substitute amendment, DNR must select and announce grant
recipients at the end of each quarter, as funds are available.
The substitute amendment imposes requirements for what a wetland
mitigation grant application must include, such as specifications of the wetland
functional values that the project area does not provide or only sparsely provides and
those that the proposed project would restore, enhance, or create. If an application
is approved, the substitute amendment requires DNR and the grantee to identify all
DNR permits that are required in order for the grantee to conduct the project,
requires DNR to waive all permit fees for those permits, and limits the timelines for
approval of those permits.
The substitute amendment also authorizes DNR to submit a request to ACE
that ACE move up all deadlines relating to its review and approval of wetland
mitigation project proposals under the in lieu fee subprogram and that ACE approve
a modification to the subprogram in order to implement the mitigation program.
The substitute amendment requires DNR to pay out a wetland mitigation grant
quarterly, or more frequently if necessary, withholding the final payment until the
grantee certifies that the project is complete. If the grantee fails to certify that the
project is complete by the date indicated for completion in its application, the
substitute amendment requires DNR to use the remaining unpaid grant amount to
either complete the project or contract with or issue a grant to another nonprofit
organization to complete the project, unless DNR agrees to modify the deadline

because of unusual or unforeseen circumstances. Under the substitute amendment,
an organization that fails to certify completion of a project by the date indicated in
its application for completion, or another date agreed to by DNR, is not eligible for
a new grant for two grant cycles.
The substitute amendment requires DNR to report to the legislature on the
effectiveness of the mitigation program's first five years and any recommended
changes.
Property development grants. The substitute amendment also requires
DNR to establish a separate grant program under which it makes grants to nonprofit
organizations for certain property development activities relating to wetlands
affected by a project under a wetland mitigation grant. Property development
activities that may be funded under this grant program include those that increase
public access to, awareness about, or recreational use of the affected wetland, or that
improve habitat in, on, or near the affected wetland. Under the substitute
amendment, the property development grant program is funded from the property
development and local assistance subprogram of the Warren Knowles-Gaylord
Nelson stewardship 2000 program.
The substitute amendment requires an application for a property development
grant, though it is separate from the wetland mitigation grant program, to be
submitted at the same time as an application for a wetland mitigation grant, requires
DNR to make a determination on both grants at the same time, and prohibits DNR
from awarding a property development grant unless it also awards a wetland
mitigation grant. The substitute amendment also restricts a property development
grant to no more than 10 percent of the amount of the wetland mitigation grant and
provides that a property development grant may not be paid until the grantee
certifies that the project funded by the wetland mitigation grant is complete.
Wetland study council. The substitute amendment creates within DNR a
wetland study council, consisting of nine members, appointed for staggered six-year
terms by the governor and the secretary of natural resources, representing various
interests and expertises, to research and provide recommendations on various issues
relating to wetlands.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB547-ASA3,1 1Section 1. 15.347 (22) of the statutes is created to read:
AB547-ASA3,5,42 15.347 (22) Wetland study council. (a) There is created in the department
3of natural resources a wetland study council consisting of the following members,
4appointed for staggered 6-year terms:
AB547-ASA3,6,2
11. One member who is a representative of a statewide organization
2representing the business community.
AB547-ASA3,6,4 32. One member who is a representative of a statewide organization
4representing waterfowl interests.
AB547-ASA3,6,6 53. One member who is a representative of a statewide organization
6representing real estate and development interests.
AB547-ASA3,6,8 74. One member who is a representative of a statewide organization
8representing municipal interests.
AB547-ASA3,6,10 95. One member who is a representative of a statewide organization
10representing rural and agricultural interests.
AB547-ASA3,6,12 116. One member who is a representative of a statewide organization
12representing a land conservation group with a specific interest in wetlands.
AB547-ASA3,6,13 137. One member who is a statewide wetland delineator.
AB547-ASA3,6,14 148. One member who is a statewide wetland consultant.
AB547-ASA3,6,17 159. One member who is a department of natural resources biologist or
16hydrologist and who is a wetland expert, appointed by the secretary of natural
17resources.
AB547-ASA3,6,1918 (b) The wetland study council shall research and develop recommendations on
19all of the following:
AB547-ASA3,6,21 201. The implementation and effectiveness of statewide wetland mitigation
21programs.
AB547-ASA3,7,2 222. Program elements that would be necessary for the department of natural
23resources to implement if the department assumes from the federal government the
24authority to administer the state's own individual and general permit program for

1the discharge of dredged or fill material into the navigable waters of the state under
2s. 281.12 (2).
AB547-ASA3,7,6 33. Issues related to the analysis of practicable alternatives that avoid and
4minimize the adverse impacts of a discharge into a wetland on wetland functional
5values and that will not result in any other significant adverse environmental
6consequences.
AB547-ASA3,7,8 74. Storm water management ponds and their potential to serve a role in
8wetland mitigation.
AB547-ASA3,7,10 95. Statewide incentive programs for creating, restoring, and enhancing
10wetlands.
AB547-ASA3,7,12 116. Statewide wetland trainings for department of natural resources staff,
12wetland consultants, and wetland delineators.
AB547-ASA3,7,14 137. The simplification of regulations associated with creating wetlands on farm
14drainage ditches for the purpose of phosphorus pollution retention.
AB547-ASA3,7,1715 8. Ways to improve the in lieu fee subprogram of the wetland mitigation
16program, under s. 281.36 (3r) (e), including subcontracting the management of a
17program to a nonprofit organization.
AB547-ASA3,7,2118 9. The possibility of a professional, whose wetland delineation work is assured
19under the department of natural resources' wetland delineation professional
20assurance initiative, performing a wetland delineation confirmation under s. 23.321
21on behalf of the department.
AB547-ASA3,7,2322 10. Methods of financing wetland mitigation requirements for local units of
23government.
AB547-ASA3,7,2424 11. Any other item related to wetlands at the discretion of the council.
AB547-ASA3,2
1Section 2. 20.370 (9) (bm) of the statutes, as affected by 2017 Wisconsin Act
259
, is amended to read:
AB547-ASA3,8,93 20.370 (9) (bm) Wetland restoration — fees; payments. From the general fund,
4all moneys received as surcharge fees under s. 281.36 (11), all moneys received as
5transfers to the in lieu fee subprogram as provided in s. 281.36 (3s) (h), 2015 stats.,
6and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for
7the restoration or creation of wetlands, for the wetland mitigation grant program
8under s. 281.37,
and for any other activities authorized under the in lieu fee
9subprogram.
AB547-ASA3,3 10Section 3 . 23.0917 (4) (c) 3. of the statutes is amended to read:
AB547-ASA3,8,1111 23.0917 (4) (c) 3. Grants under s. ss. 23.098 and 23.099.
AB547-ASA3,4 12Section 4 . 23.099 of the statutes is created to read:
AB547-ASA3,8,14 1323.099 Grants for property development relating to wetland
14mitigation.
(1) In this section:
AB547-ASA3,8,1515 (a) “Department land” has the meaning given under s. 281.37 (1) (a).
AB547-ASA3,8,1816 (b) “Nonprofit organization" means an organization that is described in section
17501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
18under section 501 (a) of the Internal Revenue Code.
AB547-ASA3,9,2 19(2) The department shall establish a program to make grants from the
20appropriation under s. 20.866 (2) (ta) to nonprofit organizations for property
21development activities relating to wetlands created, restored, or enhanced under a
22wetland mitigation grant under s. 281.37 on department land. Property
23development activities for which a grant under this section may be awarded include
24those that increase public access to, awareness about, or recreational use of the new,

1restored, or enhanced wetland, or that improve habitat in, on, or near, the new,
2restored, or enhanced wetland.
AB547-ASA3,9,7 3(3) A nonprofit organization that applies for a grant under this section shall
4submit the application at the same time that it submits an application for a grant
5under s. 281.37. The department shall make its determination with respect to both
6grants at the same time, and may only award a grant under this section if it also
7awards a grant under s. 281.37.
AB547-ASA3,9,11 8(4) A grant awarded under this section may not exceed 10 percent of the
9amount of the related grant awarded under s. 281.37. The department may not issue
10the grant funding under this section to the grantee until the grantee has certified
11that the project funded by the grant under s. 281.37 is complete.
AB547-ASA3,5 12Section 5 . 23.321 (1) of the statutes is renumbered 23.321 (1) (intro.) and
13amended to read:
AB547-ASA3,9,1414 23.321 (1) Definition. (intro.) In this section, “wetland":
AB547-ASA3,9,15 15(b) “Wetland” has the meaning given in s. 23.32 (1).
AB547-ASA3,6 16Section 6 . 23.321 (1) (am) of the statutes is created to read:
AB547-ASA3,9,1817 23.321 (1) (am) “Nonfederal wetland” has the meaning given in s. 281.36 (1)
18(br).
AB547-ASA3,7 19Section 7 . 23.321 (2) (d) of the statutes is created to read:
AB547-ASA3,9,2220 23.321 (2) (d) 1. In this paragraph, “qualified 3rd person” means an individual
21who has completed basic and advanced wetland training and has a minimum of one
22year of field experience in wetland delineation.
AB547-ASA3,9,2523 2. A wetland confirmation that consists of a written statement, based upon the
24department's review of the boundaries of a wetland as delineated by a qualified 3rd
25person and not based upon an on-site inspection of the land by the department, of

1whether the department concurs with the delineation. The delineation prepared by
2the qualified 3rd person shall include the exact location and boundaries of the
3wetland. The department shall concur with the boundaries of a wetland delineated
4by a qualified 3rd person unless the department determines that the location and
5boundaries of the wetland identified in the delineation are not accurate based on
6maps, aerial photographs, surveys, wetland delineations, or hydrophitic soil
7conditions. If the department concurs with the boundaries of a wetland delineated
8by a qualified 3rd person, the department's statement under this paragraph shall
9also include the exact location and boundaries of the wetland. A wetland
10confirmation under this paragraph is available only with respect to a nonfederal
11wetland.
AB547-ASA3,8 12Section 8 . 23.321 (4) (a) 3. of the statutes is amended to read:
AB547-ASA3,10,1513 23.321 (4) (a) 3. Provide a wetland confirmation not later than 60 days after
14a person files a request, in the manner and form required by the department, for a
15wetland confirmation under sub. (2) (c).
AB547-ASA3,9 16Section 9 . 23.321 (4) (a) 4. of the statutes is created to read:
AB547-ASA3,10,1917 23.321 (4) (a) 4. Provide a wetland confirmation not later than 15 days after
18a person files a request, in the manner and form required by the department, for a
19wetland confirmation under sub. (2) (d).
AB547-ASA3,10 20Section 10 . 23.321 (5) of the statutes is renumbered 23.321 (5) (a) and
21amended to read:
AB547-ASA3,10,2522 23.321 (5) (a) A Except as provided in par. (b), a wetland identification
23provided by the department under sub. (2) (b) and a wetland confirmation provided
24by the department under sub. (2) (c) remain effective for 5 years from the date
25provided by the department.
AB547-ASA3,11
1Section 11. 23.321 (5) (b) of the statutes is created to read:
AB547-ASA3,11,52 23.321 (5) (b) 1. A wetland identification provided by the department under
3sub. (2) (b) and a wetland confirmation provided by the department under sub. (2)
4(c) or (d) remain effective for 15 years from the date provided by the department if
5all of the following conditions are met:
AB547-ASA3,11,66 a. The wetland is a nonfederal wetland.
AB547-ASA3,11,97 b. The parcel of land is subject to a storm water management zoning ordinance
8enacted under s. 59.693, 60.627, 61.354, or 62.234 or a storm water discharge permit
9issued under s. 283.33.
AB547-ASA3,11,1210 2. The department may not invalidate or amend an existing wetland
11delineation, or require a new wetland delineation, for a parcel to which subd. 1.
12applies until the wetland identification or confirmation expires.
AB547-ASA3,12 13Section 12 . 281.12 (2) of the statutes is created to read:
AB547-ASA3,11,2014 281.12 (2) The department, on behalf of and at the direction of the governor,
15may submit an application to the federal environmental protection agency under 33
16USC 1344
(g) seeking the delegation of authority to this state to administer its own
17individual and general permit program for the discharge of dredged or fill material
18into the navigable waters of this state. If the federal environmental protection
19agency delegates this authority to this state, the department may assume that
20authority.
AB547-ASA3,13 21Section 13. 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Acts
2258
and 115, is amended to read:
AB547-ASA3,12,623 281.36 (3b) (b) No person may discharge dredged material or fill material into
24a wetland unless the discharge is authorized by a wetland general permit or
25individual permit issued by the department under this section or the discharge is

1exempt under sub. (4), (4m) (a), (4n), or (4r). No person may violate any condition
2contained in a wetland general or individual permit issued by the department under
3this section. The department may not issue a wetland general or individual permit
4under this section unless it determines that the discharge authorized pursuant to the
5wetland general or individual permit will comply with all applicable water quality
6standards.
AB547-ASA3,14 7Section 14. 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Acts
858
and 115, is amended to read:
AB547-ASA3,12,189 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
10discharge into any wetland shall submit an application for a wetland individual
11permit under this subsection unless the discharge has been authorized under a
12wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a),
13(4n)
, or (4r). Before submitting the application, the department shall hold a meeting
14with the applicant to discuss the details of the proposed discharge and the
15requirements for submitting the application and for delineating the wetland. An
16applicant may include in the application a request for a public informational hearing.
17The application shall be accompanied by the applicable fee specified in sub. (11) or
18(12) (a).
AB547-ASA3,15 19Section 15 . 281.36 (3n) (d) 1. of the statutes, as affected by 2017 Wisconsin Act
20118
, is amended to read:
AB547-ASA3,13,221 281.36 (3n) (d) 1. Except as provided in subd. 2., the department shall require
22mitigation under the program established under sub. (3r) for wetland individual
23permits it issues under this subsection and for a discharge that is exempt from
24permitting requirements under sub. (4n) (b) that affects more than 10,000 square
25feet of wetland or under sub. (4n) (c) that affects more than 1.5 acres of wetland
. This

1subsection does not entitle an applicant to a wetland individual permit or any other
2approval in exchange for conducting mitigation.
AB547-ASA3,16 3Section 16 . 281.36 (3r) (a) (intro.) of the statutes is amended to read:
AB547-ASA3,13,114 281.36 (3r) (a) (intro.) The department shall establish a mitigation program
5that applies only to the issuance of wetland individual permits and that allows and,
6with respect to a discharge that is exempt from permitting requirements under sub.
7(4n) (b) that affects more than 10,000 square feet of wetland or under sub. (4n) (c) that
8affects more than 1.5 acres of wetland, the portion of the affected wetland that
9exceeds 10,000 square feet or 1.5 acres, respectively. Under the mitigation program,
10subject to par. (am), the department shall allow
mitigation to be accomplished by any
11of the following methods:
AB547-ASA3,17 12Section 17 . 281.36 (3r) (a) 4. of the statutes is repealed.
AB547-ASA3,18 13Section 18 . 281.36 (3r) (am) of the statutes is created to read:
AB547-ASA3,13,1814 281.36 (3r) (am) For a discharge that is exempt from permitting requirements
15under sub. (4n) (b) or (c), any off-site mitigation, including any mitigation conducted
16by a mitigation bank or under the in lieu fee subprogram, shall be completed within
17the same compensation search area, as defined by the department by rule, as the
18discharge.
AB547-ASA3,19 19Section 19. 281.36 (3s) of the statutes is repealed.
AB547-ASA3,20 20Section 20 . 281.36 (4) (title) of the statutes is amended to read:
AB547-ASA3,13,2121 281.36 (4) (title) Exemptions ; certain activities.
AB547-ASA3,21 22Section 21 . 281.36 (4n) of the statutes is created to read:
AB547-ASA3,13,2423 281.36 (4n) Exemptions; certain nonfederal wetlands and artificial
24wetlands.
(a) In this subsection:
AB547-ASA3,14,5
11. “Artificial wetland" means a landscape feature where hydrophitic vegetation
2may be present as a result of human modification to the landscape or hydrology and
3for which the department has no definitive evidence showing a prior wetland or
4stream history that existed before August 1, 1991, but does not include any of the
5following:
AB547-ASA3,14,76 a. A wetland that serves as a fish spawning area or a passage to a fish spawning
7area.
AB547-ASA3,14,88 b. A wetland created as a result of a mitigation requirement under sub. (3r).
AB547-ASA3,14,109 2. “Definitive evidence” means documentary evidence such as any of the
10following:
AB547-ASA3,14,1111 a. Maps.
AB547-ASA3,14,1212 b. Aerial photographs.
AB547-ASA3,14,1313 c. Surveys that use a scale of not more than 100 feet per inch.
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