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AB547-ASA3,19 19Section 19. 281.36 (3s) of the statutes is repealed.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.
AB547-ASA3,14,1414 d. Wetland delineations.
AB547-ASA3,14,1715 3. “Rare and high quality wetland” means a wetland that is directly adjacent
16or contiguous to a class I or class II trout stream or that consists of 75 percent or more
17of any of the following wetland types:
AB547-ASA3,14,1818 a. Alder thicket.
AB547-ASA3,14,1919 b. Calcareous fen.
AB547-ASA3,14,2020 c. Coniferous swamp.
AB547-ASA3,14,2121 d. Coniferous bog.
AB547-ASA3,14,2222 e. Floodplain forest.
AB547-ASA3,14,2323 f. Hardwood swamp.
AB547-ASA3,14,2424 g. Interdunal wetland.
AB547-ASA3,14,2525 h. Open bog.
AB547-ASA3,15,1
1i. Ridge and swail complex.
AB547-ASA3,15,22 j. Deep marsh.
AB547-ASA3,15,33 k. Sedge meadow.
AB547-ASA3,15,44 4. “Sewerage system” has the meaning given in s. 281.01 (14).
AB547-ASA3,15,55 5. “Urban area” means any of the following:
AB547-ASA3,15,66 a. An incorporated area.
AB547-ASA3,15,77 b. An area within one-half mile of an incorporated area.
AB547-ASA3,15,88 c. An area in a town that is served by a sewerage system.
AB547-ASA3,15,119 (b) Subject to par. (e), the permitting requirement under sub. (3b) does not
10apply to any discharge into a nonfederal wetland that occurs in an urban area and
11to which all of the following apply:
AB547-ASA3,15,1212 1. The discharge does not affect more than one acre of wetland per parcel.
AB547-ASA3,15,1313 2. The discharge does not affect a rare and high quality wetland.
AB547-ASA3,15,1614 3. The development related to the discharge is carried out in compliance with
15any applicable storm water management zoning ordinance enacted under s. 59.693,
1660.627, 61.354, or 62.234 or storm water discharge permit issued under s. 283.33.
AB547-ASA3,15,1917 (c) Subject to par. (e), the permitting requirement under sub. (3b) does not apply
18to any discharge into a nonfederal wetland that occurs outside an urban area and to
19which all of the following apply:
AB547-ASA3,15,2020 1. The discharge does not affect more than 3 acres of wetland per parcel.
AB547-ASA3,15,2121 2. The discharge does not affect a rare and high quality wetland.
AB547-ASA3,15,2322 3. The development related to the discharge is a structure, such as a building,
23driveway, or road, with an agricultural purpose.
AB547-ASA3,15,2524 (d) Subject to par. (e), the permitting requirement under sub. (3b) does not
25apply to any discharge into an artificial wetland.
AB547-ASA3,16,4
1(e) 1. A person who proposes a project that may affect a wetland or landscape
2feature under par. (b), (c), or (d) shall notify the department no fewer than 15 working
3days before initiating the project. The notice shall include one of the following to
4show that the wetland or landscape feature is eligible for the relevant exemption:
AB547-ASA3,16,65 a. A statement issued by a professional who has investigated the wetland and
6who is qualified to give such an opinion.
AB547-ASA3,16,87 b. A wetland delineation prepared by a qualified professional showing the exact
8location and boundaries of the wetland.
AB547-ASA3,16,139 2. Except as provided in subd. 3., if the department receives the notice and
10information required under subd. 1., the department shall presume that the wetland
11or landscape feature is eligible for the exemption unless the department, within 15
12working days after receiving notification of the proposed project under subd. 1.,
13notifies the person that one of the following conditions applies:
AB547-ASA3,16,1414 a. The eligibility requirements are not met.
AB547-ASA3,16,1615 b. The location and boundaries of the wetland identified in a wetland
16delineation included with the notification under subd. 1. are not accurate.
AB547-ASA3,16,2017 c. With respect to an exemption under par. (d) only, the department determines
18that the landscape feature is providing significant functions that either protect
19adjacent or downstream property or infrastructure from flooding or significantly
20improve the water quality of an adjacent or downstream water body.
AB547-ASA3,17,421 3. If the department receives the notice and information required under subd.
221. but is unable to determine based on that information whether the eligibility
23requirements are met, the department may, within 15 working days after the
24notification under subd. 1., notify the person one time to request additional
25information about the parcel of land. The person shall cooperate with the

1department's efforts to obtain information about the relevant parcel of land and may
2proceed with the project only upon notification that the department has determined
3the landscape feature to be eligible for the exemption based on the definitive
4evidence.
AB547-ASA3,17,85 4. If, within 15 working days after the notification is delivered to the
6department, the department notifies the person that subd. 2. a., b., or c. applies, the
7person may not proceed with the project unless authorized by, or otherwise exempted
8from, a wetland general or individual permit under this section.
AB547-ASA3,22 9Section 22. 281.36 (6) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
10Act 115
, is amended to read:
AB547-ASA3,17,1311 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and
12implement the provisions under subs. (4), (4n), (4r), and (5). In promulgating these
13rules, the department shall do all of the following:
AB547-ASA3,23 14Section 23. 281.36 (9) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
15Act 115
, is amended to read:
AB547-ASA3,17,2116 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland
17individual permit, whether authorization to proceed as authorized under a wetland
18general permit is appropriate, or whether an exemption under sub. (4), (4n), or (4r)
19is appropriate, and for purposes of enforcing this section, any employee or other
20representative of the department, upon presenting his or her credentials, may do any
21of the following:
AB547-ASA3,24 22Section 24 . 281.36 (12m) of the statutes is created to read:
AB547-ASA3,18,523 281.36 (12m) Local regulation of nonfederal or artificial wetlands. A local
24government may not enact an ordinance or adopt a resolution regulating a matter
25regulated under sub. (3n) (d) 1. or (3r) (a) (intro.) or (am), with respect to a discharge

1exempt from permitting requirements under sub. (4n) (b) or (c), or a matter regulated
2under sub. (4n). If a local government has in effect on the effective date of this
3subsection .... [LRB inserts date], an ordinance or resolution regulating nonfederal
4wetlands or artificial wetlands, the ordinance or resolution does not apply and may
5not be enforced.
AB547-ASA3,25 6Section 25 . 281.36 (13m) of the statutes is amended to read:
AB547-ASA3,18,147 281.36 (13m) Report to legislature. No later than January 31, 2003, and no
8later than January 31 of each subsequent odd-numbered year, the department shall
9submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
10impact of the implementation of mitigation on wetland resources and on the issuance
11of permits or other approvals under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30,
12281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
13The department shall include in its report a discussion of proposals and projects
14under the property development grant program under s. 23.099.
AB547-ASA3,26 15Section 26 . 281.37 of the statutes is created to read:
AB547-ASA3,18,16 16281.37 Wetland mitigation grant program. (1) In this subsection:
AB547-ASA3,18,1917 (a) “Department land” means land owned by or under easement to the state
18that is under the jurisdiction of the department and used for one of the purposes
19specified in s. 23.09 (2) (d).
AB547-ASA3,18,2120 (b) “Mitigation program” means the wetland mitigation grant program
21established under sub. (2).
AB547-ASA3,18,2422 (c) “Nonprofit organization" means an organization that is described in section
23501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
24under section 501 (a) of the Internal Revenue Code.
AB547-ASA3,19,4
1(2) The department shall establish a wetland mitigation grant program under
2which it awards grants to nonprofit organizations to conduct projects to create,
3restore, or enhance wetlands under the in lieu fee subprogram in s. 281.36 (3r) (e)
4on department land as provided in this subsection.
AB547-ASA3,19,9 5(3) No later than 6 months after the effective date of this subsection .... [LRB
6inserts date], the department shall identify department land that is appropriate to
7include in the mitigation program. The department shall identify no less than 25
8percent of department land for this purpose. The land identified shall include land
9in every watershed in the state.
AB547-ASA3,19,15 10(4) (a) No later than 3 months after completion of the land identification stage
11under sub. (3) or at the beginning of the following fiscal year, whichever is earlier,
12and no later than July 1 of each subsequent year, the department shall issue a
13request for proposals from nonprofit organizations for grants to conduct wetland
14mitigation projects on department land identified under sub. (3). The issuance of
15each new request for proposal begins a new grant cycle.
AB547-ASA3,19,1716 (b) The department shall require applications for grants under this section to
17include all of the following:
AB547-ASA3,19,1818 1. The scope of the proposed project.
AB547-ASA3,19,1919 2. A project timeline.
AB547-ASA3,19,2220 3. If possible, a specification of the functional values or uses listed in s. NR
21103.03 (1), Wis. Adm. Code, that the project area does not provide or only sparsely
22provides.
AB547-ASA3,19,2423 4. A specification of the functional values or uses listed in s. NR 103.03 (1), Wis.
24Adm. Code, that the proposed project would create, restore, or enhance.
AB547-ASA3,20,3
15. All information required to be submitted for approval to the U.S. army corps
2of engineers under 33 CFR part 332 and the Wisconsin Wetland Conservation Trust
3program instrument.
AB547-ASA3,20,74 (c) After issuing the request for proposals under par. (a), the department shall
5accept grant applications on a rolling basis over the course of a fiscal year. The
6department shall select and announce grant recipients under this subsection at the
7end of each quarter as funds are available.
AB547-ASA3,20,11 8(5) (a) If an application under sub. (4) is approved, the grantee and the
9department, in consultation, shall identify all department permits required for the
10grantee to conduct the project. The department shall waive all permit fees for the
11grantee in relation to department permits required to conduct the project.
AB547-ASA3,20,1612 (b) Notwithstanding timelines otherwise established for individual permits,
13within 60 days of receiving the grantee's application for an individual permit that is
14required to conduct the project, the department shall render a decision issuing,
15denying, or modifying the permit, and the department shall adjust all other
16deadlines relating to the review of the application accordingly.
AB547-ASA3,20,20 17(7) (a) The department shall pay out a grant under the mitigation program
18quarterly unless the department determines that more frequent payments are
19necessary to fulfill the objectives of the grant program. The department shall
20withhold the final payment until the grantee certifies that the project is complete.
AB547-ASA3,21,221 (b) If the grantee fails to certify that the project is complete by the date
22indicated for completion in its application, the department shall use the remaining
23unpaid grant amount to either complete the project or contract with or issue a grant
24to another nonprofit organization to complete the project. An organization that fails
25to certify completion of a project by the date indicated in its application for

1completion is not eligible for a new grant under the mitigation program for 2 grant
2cycles.
AB547-ASA3,21,63 (c) The department may agree to a modified deadline for the project if unusual
4or unforeseen circumstances cause a delay. If the department agrees to a modified
5deadline, the consequences under par. (b) apply only if the grantee fails to certify that
6a project is complete by the date indicated in that agreement.
AB547-ASA3,21,11 7(8) Before 6 months have elapsed after the 5th anniversary of the department's
8first issuance of a request for proposals under sub. (4), the department shall submit
9to the legislature under s. 13.172 (2) a report analyzing the effectiveness of the first
105 years of the mitigation program and making recommendations for changes to the
11program.
AB547-ASA3,27 12Section 27 . Nonstatutory provisions.
AB547-ASA3,21,2213 (1) Federal review of mitigation projects. The department of natural
14resources may submit a request to the U.S. army corps of engineers that the U.S.
15army corps of engineers move up all deadlines relating to its review and approval of
16wetland mitigation project proposals under the in lieu fee subprogram under section
17281.36 (3r) of the statutes so that the time it takes for the U.S. army corps of
18engineers to approve such a proposal is shortened. The department of natural
19resources may submit a request to the U.S. army corps of engineers to approve a
20modification to the Wisconsin Wetland Conservation Trust program instrument in
21order to implement the mitigation grant program established under section 281.37
22of the statutes.
AB547-ASA3,22,223 (2) Appointment of members of wetland study council. The governor shall
24appoint the members of the wetland study council under section 15.347 (22) (a) 1. to
258. of the statutes and the secretary of natural resources shall appoint the member

1of the wetland study council under section 15.347 (22) (a) 9. of the statutes no later
2than 6 months after the effective date of this subsection.
AB547-ASA3,22,63 (3) Initial terms for wetland study council members. Notwithstanding
4section 15.347 (22) of the statutes, of the members of the wetland study council who
5are appointed as initial members, 3 members shall serve for a 2-year term and 3
6members shall serve for a 4-year term.
AB547-ASA3,28 7Section 28 . Initial applicability.
AB547-ASA3,22,88 (1) Nonfederal wetland delineations.
AB547-ASA3,22,149 (a) Except as provided in paragraph (b), the renumbering and amendment of
10section 23.321 (1) and (5) of the statutes and the creation of section 23.321 (1) (am)
11and (5) (b) of the statutes first apply to a wetland identification provided by the
12department of natural resources under section 23.321 (2) (b) of the statutes and a
13wetland confirmation provided by the department of natural resources under section
1423.321 (2) (c) of the statutes for a nonfederal wetland on January 1, 2003.
AB547-ASA3,22,2315 (b) The renumbering and amendment of section 23.321 (1) and (5) of the
16statutes and the creation of section 23.321 (1) (am) and (5) (b) of the statutes first
17apply to a wetland identification and wetland confirmation under paragraph (a) even
18if the wetland identification or wetland confirmation expired prior to the effective
19date of this paragraph unless a more recent wetland identification or wetland
20confirmation was provided by the department of natural resources showing a
21wetland on the parcel and a discharge was carried out in the wetland in compliance
22with a permit under section 281.36 of the statutes prior to the effective date of this
23paragraph.
AB547-ASA3,29 24Section 29 . Effective dates. This act takes effect on the day after publication,
25except as follows:
AB547-ASA3,23,4
1(1) Permit exemptions for certain nonfederal wetlands and artificial
2wetlands.
The treatment of sections 281.36 (3b) (b), (3m) (a), (3n) (d) 1., (3r) (a)
3(intro.) and (am), (4) (title), (4n), (6) (a) (intro.), and (9) (a) (intro.) of the statutes takes
4effect on July 1, 2018.
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