2023 WISCONSIN ACT 111
An Act to amend 281.36 (3r) (e) of the statutes; relating to: public access to wetlands benefitting from the in lieu fee subprogram.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
111,1
Section
1. 281.36 (3r) (e) of the statutes is amended to read:
281.36 (3r) (e) As part of the mitigation program established under par. (a), the department shall establish an in lieu fee subprogram, under which payments are made to the department or another entity for the purposes of restoring, enhancing, creating, or preserving wetlands or other water resource features. The subprogram must be approved by the U.S. army corps of engineers. The department shall establish requirements for calculating the in lieu fee payments. Under the in lieu fee subprogram, the wetlands that benefit from the subprogram shall may be open to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any combination thereof, but. In determining approved mitigation projects that benefit from the subprogram, the department shall, to the extent practicable, ensure that there is no net loss of public access to wetlands. If the wetlands that benefit from the subprogram are open to the public, the department may establish reasonable restrictions on the use of the land by the public in order to protect public safety or to protect a unique plant or animal community. The subprogram shall be consistent with federal regulations.
