AB917,3,2
1An Act to repeal 15.347 (22), 20.370 (9) (gi), 23.099, 23.321 (1) (am), 23.321 (2)
2(d), 23.321 (2g), 23.321 (4) (a) 4., 23.321 (5) (b), 29.604 (7m), 30.025 (1e) (c), 31.23
3(3) (e), 59.692 (1) (e), 59.692 (1d), 59.692 (1f), 59.692 (1k), 59.692 (5m), 66.1036,
477.105, 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp), 77.88 (3) (d), 77.88 (9)
5(d) 2., 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 281.12 (2), 281.36
6(3r) (am), 281.36 (4n), 281.36 (12m), 281.37, 293.01 (2m), 293.01 (12m), 293.15
7(7m), 293.26, 293.31 (4m), 293.32 (4), 293.37 (5), 293.40, 293.43 (2m), 293.43
8(3m), 293.43 (4m), 293.49 (1) (a) 2m., 293.495, 293.51 (1g), 293.51 (1m), 293.51
9(1r), 293.51 (5), 293.66, subchapter III of chapter 295 [precedes 295.40] and
10323.60 (1) (gm);
to renumber 59.692 (1c);
to renumber and amend 23.321 (5)
11(a), 77.88 (9) (d) 1. and 87.30 (2) (a);
to consolidate, renumber and amend
1223.321 (1) (intro.) and (b);
to amend 20.370 (9) (bm), 20.370 (9) (gh), 20.455 (1)
13(gh), 20.566 (7) (e), 20.566 (7) (v), 23.0917 (4) (c) 3., 23.321 (4) (a) 3., 29.604 (4)
14(intro.), 29.604 (4) (c) (intro.), 30.025 (1e) (a), 30.133 (2), 32.02 (12), 59.692 (1)
1(bn), 59.692 (4) (b), 61.353 (3) (intro.), 62.233 (3) (intro.), 70.375 (1) (as), 70.375
2(1) (bm), 70.375 (2) (b), 70.375 (4) (h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1.,
370.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395
4(2) (h) 1., 70.395 (2) (hg), 70.395 (2) (hr), 70.395 (2) (hw), 74.25 (1) (a) 6., 74.30
5(1) (f), 77.83 (2) (a), 77.84 (2) (b), 77.84 (2) (bm), 77.88 (5) (af) 1., 77.88 (5) (af)
62., 77.89 (2) (a), 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04,
7107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19
8(12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.35 (5) (e), 281.36 (3b) (b), 281.36
9(3g) (h) 2., 281.36 (3m) (a), 281.36 (3n) (d) 1., 281.36 (3r) (a) (intro.), 281.36 (4)
10(title), 281.36 (6) (a) (intro.), 281.36 (9) (a) (intro.), 281.36 (13m), 281.65 (2) (a),
11281.75 (17) (b), 283.84 (3m), 287.13 (5) (e), 289.62 (2) (g) 2., 289.62 (2) (g) 6.,
12292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12),
13293.01 (18), 293.01 (25), 293.13 (2) (b) (intro.), 293.13 (2) (b) 4., 293.13 (2) (b) 7.,
14293.13 (2) (c) (intro.), 293.13 (2) (c) 7., 293.15 (8), 293.21 (1) (a), 293.25 (2) (a),
15293.25 (4), 293.31 (title), 293.31 (1), 293.31 (2), 293.31 (3), 293.31 (4), 293.37 (4)
16(b), 293.43 (1), 293.43 (1m) (b), 293.47 (1) (b), 293.49 (1) (a) (intro.), 293.51
17(title), 293.51 (1), 293.51 (3), 293.55 (1) (c), 293.55 (1) (d), 293.65 (3) (a), 293.65
18(3) (b), 293.81, 293.86, chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4.,
19299.95, 323.60 (5) (d) 3., 706.01 (9) and 710.02 (2) (d);
to repeal and recreate
2059.692 (2m), 281.31 (2m) and 293.95;
to create 59.692 (1u), 61.353 (3) (c),
2161.353 (3) (d), 62.233 (3) (c), 62.233 (3) (d), 107.001 (2), 227.42 (4), 293.01 (8),
22293.43 (2), 293.43 (3), 293.43 (4), 293.43 (5) and 293.50 of the statutes; and
to
23affect 2013 Wisconsin Act 1, section
103 and
2017 Wisconsin Act 183, section
127;
relating to: mining, wetlands, shoreland zoning, and scientist and
2educator positions and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill eliminates changes made to the regulation of sulfide ore mining, iron
ore mining, wetlands, and shoreland zoning under various enactments since 2013
and restores Department of Natural Resources scientist and educator positions
eliminated in
2015 Wisconsin Act 55.
Sulfide ore moratorium
This bill reinstates the prerequisite for issuing sulfide ore mining permits that
existed prior to
2017 Wisconsin Act 134. Under the bill, DNR may not issue any
permits for the purpose of mining a sulfide ore body until DNR determines that 1)
there is a mining operation in a potentially acid-generating sulfide ore body in the
United States or Canada that has been in operation for at least ten years without
resulting in the pollution of groundwater or surface water from acid drainage or from
the release of heavy metals; and 2) there is a mining operation that operated in a
potentially acid-generating sulfide ore body in the United States or Canada that has
been closed for at least ten years without resulting in the pollution of groundwater
or surface water from acid drainage or from the release of heavy metals.
Iron mining and bulk sampling
This bill changes the laws under which DNR currently regulates mining so that
the laws are substantially the same as they existed before enactment of
2013
Wisconsin Act 1,
2013 Wisconsin Act 81, and
2017 Wisconsin Act 134.
Under current law, DNR regulates mining for metallic minerals. Prior to the
enactment of
2013 Wisconsin Act 1, the laws under which DNR regulated metallic
mining applied to mining for ferrous and nonferrous minerals.
2013 Wisconsin Act
1 modified the laws regulating metallic mining so that they applied to mining for
nonferrous minerals only and created new laws for regulating mining for ferrous
minerals.
Under current law, certain forested land may be designated as managed forest
land (MFL) under a program administered by DNR. Under this program, the owner
of land designated as MFL makes an annual acreage share payment in lieu of
property taxes and must open the land to the public for certain recreational
activities. The landowner may designate a portion of the land as closed to public
access and make an additional payment per acre.
2013 Wisconsin Act 81 generally
provided that requirements regarding public access to MFL do not apply to an area
of land within a certain distance of a proposed iron mining site and required an MFL
owner to make an additional payment per acre for land located in a proposed ferrous
mining site if the land is not open to public access.
Prior to
2017 Wisconsin Act 134, activities relating to nonferrous metallic
minerals were regulated differently depending on whether the activity involved
exploration, prospecting, or mining.
2017 Act 134 added as a regulated activity bulk
sampling, which is the excavation of fewer than 10,000 tons of material with a license
issued by DNR.
2017 Act 134 also repealed DNR administrative rules relating to
mining and wetlands. This bill restores those provisions.
Wetlands
This bill eliminates the changes made by
2017 Wisconsin Act 183. That act
exempted artificial wetlands and certain nonfederal wetlands from DNR wetland
permitting requirements; changed some requirements relating to wetland boundary
delineations; created wetland-related grant programs; and, if the Environmental
Protection Agency delegates to the state the authority to administer its own permit
program for the discharge of dredge or fill material into navigable waters, authorized
DNR to assume that authority.
Nonfederal wetlands. Under current federal law, generally, a person must
obtain a permit from the federal government for a discharge into a wetland that is
under the jurisdiction of the federal government. Generally speaking, only wetlands
that are adjacent to navigable waters are subject to federal jurisdiction. Federal law
requires an applicant to submit with a permit application a certification from the
state that the proposed discharge will comply with state water quality standards or
that the state has waived such certification. In this state, DNR grants this
certification by issuing a state wetland permit. Under current law, DNR must issue
wetland general permits for discharges of dredged or fill material into certain
wetlands and may require a person to apply for and obtain a wetland individual
permit if DNR determines that conditions specific to the site require additional
restrictions on the discharge in order to provide reasonable assurance that no
significant adverse impacts to wetland functional values will occur. Under current
law, before DNR may issue a wetland individual permit, it must require the
restoration, enhancement, creation, or preservation of other wetlands to compensate
for adverse impacts to a wetland resulting from the discharge, also known as
mitigation.
This bill eliminates an exemption under current law from wetland permitting
requirements for a discharge into a wetland that is not subject to federal jurisdiction
(nonfederal wetland) that occurs in an urban area if it does not affect more than one
acre of wetland per parcel, if it does not affect a rare and high quality wetland, and
if the development related to the discharge is carried out in compliance with any
applicable storm water management zoning ordinance or storm water discharge
permit. Under current law, an urban area is an incorporated area, an area within
one-half mile of an incorporated area, or an area that is served by a sewerage system.
Current law defines a “rare and high quality wetland” as one that is directly adjacent
or contiguous to a class I or class II trout stream or that consists of at least 75 percent
of certain rare wetland types.
This bill eliminates an exemption under current law from wetland permitting
requirements for a discharge into a nonfederal wetland that occurs outside an urban
area if it does not affect more than three acres of wetland per parcel, if it does not
affect a rare and high quality wetland, and if the development related to the
discharge is a structure with an agricultural purpose.
Along with these exemptions, the bill eliminates a requirement that, for any
discharge to one of these wetlands that is exempt from permitting requirements but
that requires mitigation, mitigation must be conducted in the same compensation
search area as the discharge. Under current DNR administrative rules, a
compensation search area is an area that includes the statewide management unit
of the impacted wetland, the county of the impacted wetland, and a circle with a
20-mile radius from the impacted wetland. DNR has defined 22 statewide
management units based on the major river basins of the state.
Under current law, upon request and for a fee, DNR may provide to a landowner
or tenant either a wetland identification that consists of a written evaluation, based
upon an on-site inspection of the land by DNR, of whether a parcel of land contains
a wetland, or a wetland confirmation that consists of a written statement, based
upon an on-site inspection of the land by DNR, of whether DNR concurs with the
boundaries of a wetland as delineated by a third person. Under current law, DNR
must provide either service within 60 days of receiving a request, and a wetland
identification or confirmation remains effective for five years.
The bill eliminates another type of wetland confirmation under current law
that consists of a written statement, based upon DNR's review of the boundaries of
a wetland as delineated by a qualified third person and not based upon an on-site
inspection of the land by DNR, of whether DNR concurs with the delineation and
requires DNR to provide this service within 15 days of receiving a request. Under
current law, a “qualified third person” is an individual who has completed basic and
advanced wetland training and has a minimum of one year of field experience in
wetland delineation. The bill also eliminates an extension of the effectiveness of a
wetland identification or confirmation to 15 years for a nonfederal wetland if the
parcel of land is subject to a storm water management zoning ordinance or a storm
water discharge permit, and eliminates a prohibition on DNR requiring a new
delineation for such a parcel until the wetland identification or confirmation expires.
Artificial wetlands. This bill eliminates an exemption from wetland
permitting requirements for a discharge to any artificial wetland, but leaves in place
current rules promulgated by DNR, under which discharges to certain artificial
wetlands are exempt from the wetland permitting requirements unless DNR
determines that significant functional values are present. Current law defines an
“artificial wetland” as a landscape feature where hydrophytic vegetation may be
present as a result of human modification to the landscape or hydrology and for
which DNR has no definitive evidence showing a prior wetland or stream history that
existed before August 1, 1991, but excludes from the definition a wetland that serves
as a fish spawning area or a passage to a fish spawning area or that was created as
a result of a wetland mitigation requirement.
The bill eliminates a prohibition under current law on local governments
regulating a discharge into nonfederal wetlands and artificial wetlands exempt from
permitting requirements and on regulating mitigation requirements for such a
discharge.
State administration of wetland permit program. Under current federal
law, a state's governor may apply to the EPA requesting that the state be delegated
the authority to administer its own individual and general permit program for the
discharge of dredged or fill material into navigable waters, including federal
wetlands, in place of the federal regulatory program. This bill removes the authority
granted to DNR under current law to submit such an application on behalf of and at
the direction of the governor and the authority of DNR to assume that administration
authority if the EPA delegates it to the state.
Wetland mitigation grant program. Under the authority of current law,
with the approval of the U.S. Army Corps of Engineers (ACE), DNR has created the
in lieu fee subprogram as one method by which wetland mitigation may be
accomplished. Under this subprogram, payments are made to DNR or another entity
for the purposes of improving or preserving wetlands or other water resource
features.
This bill eliminates the wetland mitigation grant program (mitigation
program), under which nonprofit organizations may apply to DNR on a rolling basis
for grants to conduct projects to create, restore, or enhance wetlands on DNR land,
using moneys received under the in lieu fee subprogram and from surcharge fees
charged for each application to proceed under a wetland general permit. The bill also
removes DNR's authority under current law 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.
Property development grants. The bill eliminates a separate grant program,
funded from the property development and local assistance subprogram of the
Warren Knowles-Gaylord Nelson stewardship 2000 program, under which DNR
makes grants to nonprofit organizations for certain property development activities
relating to wetlands affected by a project under a wetland mitigation grant.
Wetland study council. The bill eliminates the wetland study council, which
under current law is established within DNR to research and provide
recommendations on various issues relating to wetlands.
Shoreland zoning
This bill eliminates the changes to the laws regulating shoreland zoning that
were made under the 2015 biennial budget act,
2015 Wisconsin Act 55.
Current law requires a county to enact shoreland zoning ordinances for all
shorelands in its unincorporated area and requires those ordinances to meet
shoreland zoning standards established by DNR by rule. Current law generally
defines a shoreland to be an area within a specified distance from the edge of a
navigable water.
Act 55 made various changes to the laws regulating shoreland zoning including
the following:
1. Prohibiting a county shoreland zoning ordinance from regulating a matter
more restrictively than the matter is regulated by a shoreland zoning standard
promulgated by DNR.
2. Prohibiting a shoreland zoning ordinance from requiring a person to
establish a vegetative buffer zone on previously developed land or expand an existing
buffer zone.
3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to
contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline
frontage and to allow the corridor to run contiguously for the entire maximum
allowable width.
4. Prohibiting DNR from establishing shoreland zoning standards and
prohibiting counties from enacting shoreland zoning ordinances that regulate
certain outdoor lighting, that regulate certain construction activities with respect to
nonconforming structures, and that impose certain standards for impervious
surfaces.
5. Allowing certain maintenance and repair of nonconforming structures in
shorelands that are accessory structures such as garages, sheds, sidewalks, and
patios.
6. Generally requiring city and village shoreland zoning ordinances that apply
to certain shorelands that were annexed or incorporated by the city or village to be
consistent with the requirements and limitations applicable to county shoreland
zoning ordinances.
7. Prohibiting DNR from appealing a decision of a county to grant or deny a
variance to a law regulating county shoreland zoning.
This bill eliminates the changes to the law made by Act 55 so that the law is
consistent with pre-Act 55 law.
DNR positions
This bill increases moneys appropriated to DNR by $1,672,900 in each fiscal
year of the 2019-21 fiscal biennium for the purpose of increasing educator and
science services positions by the equivalent of 29.4 full-time positions. This funding
was decreased by this amount and these positions were eliminated under
2015
Wisconsin Act 55.
DOJ positions
The bill appropriates to the Department of Justice $390,800 to fund two
assistant attorneys general and one paralegal for environmental protection
purposes.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB917,1
1Section 1
. 15.347 (22) of the statutes is repealed.
AB917,2
2Section 2
. 20.370 (9) (bm) of the statutes is amended to read:
AB917,8,43
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.,
1and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for
2the restoration or creation of wetlands,
for the wetland mitigation grant program
3under s. 281.37, and for any other activities authorized under the in lieu fee
4subprogram.
AB917,8,117
20.370
(9) (gh)
Nonferrous metallic mining Mining regulation and
8administration. The amounts in the schedule for the administration, regulation, and
9enforcement of
nonferrous metallic mining exploration,
bulk sampling, prospecting,
10mining and mine reclamation activities under ch. 293. All moneys received under ch.
11293 shall be credited to this appropriation.
AB917,5
14Section 5
. 20.455 (1) (gh) of the statutes is amended to read:
AB917,8,1815
20.455
(1) (gh)
Investigation and prosecution. Moneys received under ss. 23.22
16(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
17292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2.,
295.79 (4) (b), and 299.97 (2), for the
18expenses of investigation and prosecution of violations, including attorney fees.
AB917,6
19Section 6
. 20.566 (7) (e) of the statutes is amended to read:
AB917,8,2220
20.566
(7) (e)
Investment and local impact fund supplement. The amounts in
21the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4),
and 22293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB917,7
23Section 7
. 20.566 (7) (v) of the statutes is amended to read:
AB917,9,224
20.566
(7) (v)
Investment and local impact fund. From the investment and local
25impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
1moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d)
2to (g), 293.33 (4),
and 293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB917,8
3Section 8
. 23.0917 (4) (c) 3. of the statutes is amended to read:
AB917,9,44
23.0917
(4) (c) 3. Grants under
ss. s. 23.098
and 23.099.
AB917,9
5Section 9
. 23.099 of the statutes is repealed.
AB917,10
6Section 10
. 23.321 (1) (intro.) and (b) of the statutes are consolidated,
7renumbered 23.321 (1) and amended to read:
AB917,9,98
23.321
(1) Definition. In this section
: (b) “Wetland”, “wetland” has the
9meaning given in s. 23.32 (1).
AB917,11
10Section 11
. 23.321 (1) (am) of the statutes is repealed.
AB917,12
11Section 12
. 23.321 (2) (d) of the statutes is repealed.
AB917,13
12Section 13
. 23.321 (2g) of the statutes is repealed.
AB917,14
13Section 14
. 23.321 (4) (a) 3. of the statutes is amended to read:
AB917,9,1614
23.321
(4) (a) 3. Provide a wetland confirmation not later than 60 days after
15a person files a request, in the manner and form required by the department, for a
16wetland confirmation
under sub. (2) (c).
AB917,15
17Section 15
. 23.321 (4) (a) 4. of the statutes is repealed.
AB917,16
18Section 16
. 23.321 (5) (a) of the statutes is renumbered 23.321 (5) and
19amended to read:
AB917,9,2320
23.321
(5) Except as provided in par. (b), a A wetland identification provided
21by the department under sub. (2) (b) and a wetland confirmation provided by the
22department under sub. (2) (c) remain effective for 5 years from the date provided by
23the department.
AB917,17
24Section 17
. 23.321 (5) (b) of the statutes is repealed.
AB917,18
25Section 18
. 29.604 (4) (intro.) of the statutes is amended to read:
AB917,10,2
129.604
(4) Prohibition. (intro.) Except as provided in
subs. sub (6r)
and (7m) 2or as permitted by departmental rule or permit:
AB917,19
3Section 19
. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB917,10,84
29.604
(4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices
, or in the construction, operation, or maintenance of a utility facility
, or as
8part of bulk sampling activities under s. 295.45:
AB917,20
9Section 20
. 29.604 (7m) of the statutes is repealed.
AB917,21
10Section 21
. 30.025 (1e) (a) of the statutes is amended to read:
AB917,10,1311
30.025
(1e) (a) Except as provided in
pars. par. (b)
and (c), this section applies
12to a proposal to construct a utility facility if the utility facility is required to obtain,
13or give notification of the wish to proceed under, one or more permits.
AB917,22
14Section 22
. 30.025 (1e) (c) of the statutes is repealed.
AB917,23
15Section 23
. 30.133 (2) of the statutes is amended to read:
AB917,10,2116
30.133
(2) This section does not apply to riparian land located within the
17boundary of any hydroelectric project licensed or exempted by the federal
18government, if the conveyance is authorized under any license, rule or order issued
19by the federal agency having jurisdiction over the project.
This section does not apply
20to riparian land that is associated with an approval required for bulk sampling or
21mining that is required under subch. III of ch. 295.
AB917,24
22Section 24
. 31.23 (3) (e) of the statutes is repealed.
AB917,25
23Section 25
. 32.02 (12) of the statutes is amended to read:
AB917,11,224
32.02
(12) Any person operating a plant which creates waste material which,
25if released without treatment would cause stream pollution, for the location of
1treatment facilities. This subsection does not apply to a person with a permit under
2ch. 293
or subch. III of ch. 295.
AB917,26
3Section 26
. 59.692 (1) (bn) of the statutes is amended to read:
AB917,11,74
59.692
(1) (bn) “Shoreland setback area" means an area in a shoreland that is
5within a certain distance of the ordinary high-water mark in which the construction
6or placement of
buildings or structures has been limited or prohibited under an
7ordinance enacted under this section.
AB917,27
8Section 27
. 59.692 (1) (e) of the statutes is repealed.