Amendment JR2 SA3-SSA1-AB1

LRBb3008/1

RNK&MGG:cjs:jf

January 2002 Special Session

2001 - 2002 LEGISLATURE

SENATE AMENDMENT 3, TO SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

April 5, 2002 - Offered by Senator Moen.

AB1-SSA1-SA3,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-SSA1-SA3,1,2 1. Page 48, line 10: after that line insert:

AB1-SSA1-SA3,1,3 " Section 150c. 59.692 (6m) of the statutes is amended to read:

AB1-SSA1-SA3,1,8 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.

AB1-SSA1-SA3, s. 150m Section 150m. 62.231 (6m) of the statutes is amended to read:

AB1-SSA1-SA3,2,2 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.".

AB1-SSA1-SA3,2,3 2. Page 154, line 4: after that line insert:

AB1-SSA1-SA3,2,4 " Section 259g. 87.30 (1) (d) of the statutes is amended to read:

AB1-SSA1-SA3,2,8 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.".

AB1-SSA1-SA3,2,9 3. Page 182, line 16: after that line insert:

AB1-SSA1-SA3,2,10 " Section 369kb. 281.165 (1) of the statutes is amended to read:

AB1-SSA1-SA3,2,18 281.165 (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292, or 299 or specified under any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).

AB1-SSA1-SA3, s. 369ke Section 369ke. 281.165 (2) (title) of the statutes is amended to read:

AB1-SSA1-SA3,2,20 281.165 (2) (title) Trempealeau County Requirements.

AB1-SSA1-SA3, s. 369kg Section 369kg. 281.165 (2) (am) of the statutes is created to read:

AB1-SSA1-SA3,3,2 281.165 (2) (am) At least 2 acres of wetland will be restored or created as mitigation for each acre of wetland affected by the activity, and the restored or created wetland shall be located upstream from the site of the activity and located within the same watershed as the wetland area to be affected.

AB1-SSA1-SA3, s. 369kj Section 369kj. 281.165 (2) (c) of the statutes is amended to read:

AB1-SSA1-SA3,3,5 281.165 (2) (c) The site of the activity is within the corporate limits of a city or village on January 1, 1999.

AB1-SSA1-SA3, s. 369km Section 369km. 281.165 (2) (d) of the statutes is amended to read:

AB1-SSA1-SA3,3,10 281.165 (2) (d) The governing body of the city or village adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city or village on the date of the adoption of the resolution or is necessary to promote job creation.

AB1-SSA1-SA3, s. 369kp Section 369kp. 281.165 (2) (e) of the statutes is repealed.

AB1-SSA1-SA3, s. 369kq Section 369kq. 281.165 (2) (f) of the statutes is created to read:

AB1-SSA1-SA3,3,13 281.165 (2) (f) The governor selects the activity as provided in sub. (4).

AB1-SSA1-SA3, s. 369kr Section 369kr. 281.165 (3) of the statutes is repealed.

AB1-SSA1-SA3, s. 369ks Section 369ks. 281.165 (4) and (5) of the statutes are created to read:

AB1-SSA1-SA3,3,18 281.165 (4) Selection by governor. (a) Any city or village seeking to be selected for the exemption under sub. (1) shall submit the adopted resolution required under sub. (2) (d) to the governor before December 31, 2002.

AB1-SSA1-SA3,3,21 (b) The governor shall select one activity within the state that the governor determines meets the requirements in sub. (2) (a) to (d) to receive the exemption under sub. (1).

AB1-SSA1-SA3,3,24 (5) Restored or created wetlands. (a) Upon selection of the activity by the governor under sub. (4), the rules under ss. NR 350.05, 350.08, 350.09, and 350.10, Wis. Adm. Code, shall apply to the mitigation project under under sub. (2) (am).

AB1-SSA1-SA3,4,9 (b) The mitigation project under sub. (2) (am) shall include the granting of a conservation easement under s. 700.40 to the department to ensure that the restored or created wetland will not be destroyed or substantially degraded by any subsequent owner of or holder of interest in the property on which the wetland is located. At a minimum, the conservation easement shall include any zone of vegetated upland adjacent to the wetland that the department determines is adequate to filter runoff from entering the restored or created wetland. The department shall modify or release a conservation easement issued under this paragraph if the conditions in s. 281.37 (2m) (b) apply.

AB1-SSA1-SA3,4,12 (c) Any agent or employee of the department shall, at all times, be given reasonable access to any and all parts of a mitigation project site and may enter upon any property to investigate the mitigation project.".

AB1-SSA1-SA3,4,13 (End)