387,26
Section
26. 31.02 (1) of the statutes is amended to read:
31.02 (1) The department, in the interest of public rights in navigable waters or, to promote safety, and to protect life, health and, property
, property values, and economic values may regulate and control the level and flow of water in all navigable waters and may erect, or may order and require bench marks to be erected, upon which shall be designated the maximum level of water that may be impounded and the lowest level of water that may be maintained by any dam heretofore or hereafter constructed and maintained and which will affect the level and flow of navigable waters; and may by order fix a level for any body of navigable water below which the same shall not be lowered except as provided in this chapter; and shall establish and maintain gauging stations upon the various navigable waters of the state and shall take other steps necessary to determine and record the characteristics of such waters.
387,27
Section
27. 31.185 (5) of the statutes is amended to read:
31.185 (5) As a prerequisite to the granting of a permit under this section, the department may require the applicant to comply with such conditions as it deems reasonably necessary in the particular case to preserve public rights in navigable waters, to promote safety, and to protect life, health and, property
, property values, and economic values.
387,28
Section
28. 281.16 (1) (bg) of the statutes is created to read:
281.16 (1) (bg) "Artificial water body" has the meaning given in s. 30.19 (1b) (a).
387,29
Section
29. 281.16 (2) (am) 1. a. of the statutes is renumbered 281.16 (1) (br).
387,30
Section
30. 281.16 (2) (c) of the statutes is created to read:
281.16
(2) (c) If a covered municipality has obtained all permits required for the construction of a storm water management pond in an artificial water body, whether navigable or nonnavigable, the department may not prohibit the construction of the storm water management pond as a method by which the covered municipality may achieve compliance with performance standards under par. (a) or with an approved total maximum daily load under
33 USC 1313 (d) (1) (C). The department shall give credit to the covered municipality for any pollutant reduction achieved by the storm water management pond in determining compliance with performance standards specified in a permit under s. 283.33 (1) (b), (c), (cg), or (cr) or an approved total maximum daily load under
33 USC 1313 (d).
387,31
Section
31. 281.36 (1) (am) of the statutes is created to read:
281.36 (1) (am) "Demonstrable economic public benefit" means an economic benefit to the community or region that is measurable, such as increased access to natural resources, local spending by the proposed project, employment, or community investment.
387,32
Section
32. 281.36 (1) (ct) of the statutes is created to read:
281.36 (1) (ct) "Small business" has the meaning given in s. 227.114 (1).
387,33
Section
33. 281.36 (3m) (b) of the statutes is amended to read:
281.36 (3m) (b) Analysis of practicable alternatives. An applicant shall include in an application submitted under par. (a) an analysis of the practicable alternatives that will avoid and minimize the adverse impacts of the discharge on wetland functional values and that will not result in any other significant adverse environmental consequences, subject to the limitations in sub. (3n) (a).
387,34
Section
34. 281.36 (3n) (a) of the statutes is renumbered 281.36 (3n) (a) (intro.) and amended to read:
281.36 (3n) (a) Review limits. (intro.) For the purpose of issuing a wetland individual permit, during the period between the date on which the application under sub. (3m) (a) is submitted and the date on which a decision under sub. (3m) (i) is rendered, the department shall conduct its review under this subsection. The department shall review the analysis of practicable alternatives presented in the application under sub. (3m) (b). The department shall limit its review of practicable alternatives as follows:
1. The department shall limit its review to those practicable alternatives that are located at the site of the discharge and that are located adjacent to that site if the applicant has demonstrated that any of the following:
a. That the proposed project causing the discharge will result in a demonstrable economic public benefit, that.
b. That the proposed project is necessary for the expansion of an existing industrial, commercial, or agricultural facility that is in existence at the time the application is submitted, or that.
c. That the proposed project will occur in an industrial park that is in existence at the time the application is submitted.
387,35
Section
35. 281.36 (3n) (a) 2. and 3. of the statutes are created to read:
281.36 (3n) (a) 2. Except as provided in par. (am), the department shall limit its review to those practicable alternatives that are located on the property owned by the applicant for a project involving fewer than 2 acres of wetland if the project is limited to one of the following:
a. The construction or expansion of a single-family home and attendant features.
b. The construction or expansion of a barn or farm buildings.
c. The expansion of a small business project.
3. The department shall limit its review to those practicable alternatives that are consistent with the overall purpose and scope of the project. The department shall impose a level of scrutiny and require an applicant to provide an amount of information that is commensurate with the severity of the environmental impact of the project, as determined by the department.
387,36
Section
36. 281.36 (3n) (am) of the statutes is created to read:
281.36 (3n) (am) Exception to review limit. A lot created as part of a subdivision, land division, or other development that is initiated after July 1, 2012, is not eligible for the limited review under par. (a) 2.
387,37
Section
37. 281.36 (4) (f) of the statutes is created to read:
281.36 (4) (f) Maintenance, operation, or abandonment of a sedimentation or stormwater detention basin and associated conveyance features that were not originally constructed in a wetland.
387,38
Section
38.
Effective date.
(1) This act takes effect on first day of the 5th month beginning after publication.
