AB322-ASA1,4,1411 3. A decision issued by a federal district or federal appellate court that affects
12the application of a federal statute or provision described in subd. 1. or 2., that
13applies to wetlands located in this state, and that is issued on or before January 8,
142001.
AB322-ASA1,4,1615 (bn) "Governmental unit" means the federal government, the state, a city, a
16village, a county, or a town.
AB322-ASA1,4,1817 (c) "Nonfederal wetland" means a wetland that is identified as such under sub.
18(1m).
AB322-ASA1,4,2019 (d) "Water quality standards" means water quality standards set under rules
20promulgated by the department under s. 281.15.
AB322-ASA1,4,22 21(1m) Determination of nonfederal wetlands. (a) A wetland is identified as
22a nonfederal wetland if either of the following applies:
AB322-ASA1,5,323 1. Any discharges of dredged or fill material into the wetland are determined
24not to be subject to regulation under 33 USC 1344 due to the decision in Solid Waste
25Agency of Northern Cook County v. U.S. Army Corps of Engineers, No. 99-1178 (U.S.

1Jan. 9, 2001) or any subsequent interpretations of that decision by a federal agency
2or by a federal district or federal appellate court that applies to wetlands located in
3this state.
AB322-ASA1,5,84 2. The wetland is determined to be a nonnavigable, intrastate, and isolated
5wetland under the decision in Solid Waste Agency of Northern Cook County v. U.S.
6Army Corps of Engineers, No. 99-1178 (U.S. Jan. 9, 2001) or any subsequent
7interpretations of that decision by a federal agency or by a federal district or federal
8appellate court that applies to wetlands located in this state.
AB322-ASA1,5,99 (b) For the purpose of identifying wetlands under par. (a):
AB322-ASA1,5,1110 1. If the U.S. army corps of engineers issues a determination as to whether a
11wetland is a nonfederal wetland, the department shall adopt that determination.
AB322-ASA1,5,1412 2. If the U.S. army corps of engineers does not issue a determination as to
13whether a wetland is a nonfederal wetland, the department shall determine whether
14the wetland is a nonfederal wetland.
AB322-ASA1,5,21 15(2) Certification requirement. No person may discharge dredged or fill
16material into a nonfederal wetland unless the discharge is authorized by a water
17quality certification issued by the department under this section. No person may
18violate any condition imposed by the department in a water quality certification
19under this section. The department may not issue a water quality certification under
20this section unless it determines that the discharge will comply with all applicable
21water quality standards.
AB322-ASA1,6,12 22(3) Delineation procedures. For purposes of delineating the boundary of a
23nonfederal wetland, the department and the person who is applying for or who holds
24a water quality certification under this section shall use the procedures contained
25in the wetlands delineation manual published by the U.S. army corps of engineers.

1The edition of the manual that shall be used shall be the 1987 edition of the manual
2and any document that the U.S. army corps of engineers issues interpreting that
3manual, unless the U.S. army corps of engineers publishes an edition of the manual
4after January 9, 2001, and the department by rule designates that edition as the one
5to be used under this subsection. If the U.S. army corps of engineers issues a
6guidance document interpreting the edition of the wetlands delineation manual that
7the department is required to use under this subsection and if that guidance
8document is issued after the effective date of this paragraph .... [revisor inserts date],
9the department shall notify the appropriate standing committee of each house of the
10legislature, as determined by the speaker of the assembly and the president of the
11senate, of the issuance of the guidance document and whether the department
12intends to promulgate a rule incorporating the provisions of the guidance document.
AB322-ASA1,6,15 13(4) Exemptions. Except as provided in sub. (5), the certification requirement
14under sub. (2) does not apply to any discharge that is the result of any of the following
15activities:
AB322-ASA1,6,1616 (a) Normal farming, silviculture, or ranching activities.
AB322-ASA1,6,1817 (b) Maintenance, emergency repair, or reconstruction of damaged parts of
18structures that are in use in a nonfederal wetland.
AB322-ASA1,6,2019 (c) Construction or maintenance of farm ponds, stock ponds, or irrigation
20ditches.
AB322-ASA1,6,2121 (d) Maintenance of drainage ditches.
AB322-ASA1,6,2422 (e) Construction or maintenance of farm roads, forest roads, or temporary
23mining roads that is performed in accordance with best management practices, as
24determined by the department, to ensure all of the following:
AB322-ASA1,7,2
11. That the flow and circulation patterns and chemical and biological
2characteristics of the affected nonfederal wetland are not impaired.
AB322-ASA1,7,33 2. That the reach of the affected nonfederal wetland is not reduced.
AB322-ASA1,7,54 3. That any adverse effect on the aquatic environment of the affected
5nonfederal wetland is minimized to the degree required by the department.
AB322-ASA1,7,10 6(5) Inapplicability of exemptions. Notwithstanding sub. (4), a discharge that
7would be exempt under sub. (4) is subject to the certification requirement under sub.
8(2) if the discharge is incidental to an activity that has as its purpose bringing a
9nonfederal wetland, or part of an nonfederal wetland, into a use for which it was not
10previously subject and if the activity may do any of the following:
AB322-ASA1,7,1111 (a) Impair the flow or circulation of any nonfederal wetland.
AB322-ASA1,7,1212 (b) Reduce the reach of any nonfederal wetland.
AB322-ASA1,7,15 13(6) Rules for exemptions. (a) The department shall promulgate rules to
14interpret and implement the provisions under subs. (4) and (5). In promulgating
15these rules, the department shall do all of the following:
AB322-ASA1,7,1616 1. Make the rules consistent with existing federal law.
AB322-ASA1,7,1717 2. Incorporate any additional federal law or interpretation into the rules.
AB322-ASA1,7,2118 (b) Whenever an additional federal law or interpretation is initially
19incorporated into the rules, the department may modify the additional federal law
20or interpretation as it determines is necessary, but the department may not
21otherwise amend or modify any of the rules promulgated under this subsection.
AB322-ASA1,8,3 22(7) Rules prohibition. The department may not promulgate or enforce a rule
23requiring a person who submits an application for a water quality certification under
24this section for the discharge of dredged or fill material into a nonfederal wetland to
25submit a description of practicable alternatives to the discharge or to submit a

1description of any investigation conducted to determine the viability of such
2alternatives if the area to be filled is less than one acre in size and a governmental
3unit has determined that the discharge is necessary for public safety.
AB322-ASA1,8,8 4(8) General water quality certifications. (a) In lieu of issuing individual
5water quality certifications under this section, the department may issue a general
6water quality certification for types of discharges that the department determines
7are similar in nature or for the purpose of simplifying the certification process if the
8discharges meet all of the following standards:
AB322-ASA1,8,109 1. The discharges will cause only minimal adverse environmental effects, as
10determined by the department, if they are performed separately.
AB322-ASA1,8,1211 2. The cumulative adverse effect on the environment by the discharges will be
12minimal, as determined by the department.
AB322-ASA1,8,1413 (b) No general water quality certification issued under par. (a) may be effective
14for more than 5 years after the date of its issuance.
AB322-ASA1,8,1715 (bn) 1. The department shall issue general water quality certifications that are
16consistent with all of the general permits issued under 33 USC 1344 (e) that applied
17on January 8, 2001, to nonfederal wetlands located in this state.
AB322-ASA1,8,2118 2. If a general permit as specified in subd. 1. is amended or modified after
19January 8, 2001, the department shall incorporate the amendments or modifications
20into the general water quality certification issued under subd. 1. and may not
21otherwise amend or modify the general water quality certification.
AB322-ASA1,9,322 (c) If the department determines that any of the discharges under a general
23water quality certification issued under par. (a) fails to meet any of the standards in
24par. (a), the department shall modify the certification so that the discharges meet all
25of the standards. If the department cannot modify the certification so that all of the

1standards will be met or if the department determines that the discharges subject
2to the general certification are more appropriately certified by using individual
3water quality certifications, the department shall revoke the general certification.
AB322-ASA1,9,64 (d) Before issuing, modifying, or revoking a general water quality certification
5issued under par. (a), the department shall provide notice and a hearing under ss.
6227.17 and 227.18.
AB322-ASA1,9,9 7(9) Inspection authority. (a) For purposes of enforcing this section, any
8employee or other representative of the department, upon presenting his or her
9credentials, may do any of the following:
AB322-ASA1,9,1210 1. Enter and inspect any property on which is located a nonfederal wetland, or
11part of a nonfederal wetland, for which an application for a water quality
12certification has been submitted to the department.
AB322-ASA1,9,1513 2. Enter and inspect any property on which is located a nonfederal wetland to
14investigate a discharge of dredged or fill material that the department has reason
15to believe is in violation of this section.
AB322-ASA1,9,1716 3. Gain access to and inspect any records that the department requires a holder
17of a water quality certification to keep.
AB322-ASA1,9,2418 (am) An employee or representative of the department may not exercise the
19authority granted under par. (a) 1. before the date on which the application is
20submitted. If the application is denied or withdrawn, an employee or representative
21of the department may not exercise this authority after the date on which the
22application is denied or withdrawn. If the application is approved, an employee or
23representative of the department may not exercise this authority after the 20th day
24immediately following the completion of the discharge of the dredged or fill material.
AB322-ASA1,10,2
1(ar) 1. Before entering and inspecting a property under par. (a) 2., the
2department shall make at least one of the following requests:
AB322-ASA1,10,33 a. A request for consent from the proprietor to enter and inspect the property.
AB322-ASA1,10,64 b. A request, orally or in writing, that the proprietor provide an oral or written
5explanation, as elected by the department, concerning the activity that the
6department has reason to believe may constitute a violation of this section.
AB322-ASA1,10,107 2. a. If the proprietor grants consent for the entry on, and the inspection of, the
8property to investigate a discharge as authorized under par. (a) 2., the department,
9upon reasonable advance notice, may enter and inspect the property in compliance
10the terms of the consent granted by the proprietor.
AB322-ASA1,10,1511 b. If the proprietor refuses to grant consent for the entry on, or the inspection
12of, the property or if the proprietor's explanation or terms of consent are not
13acceptable to the department of natural resources, the department of natural
14resources may refer the matter to the department of justice for enforcement under
15s. 299.95.
AB322-ASA1,10,1916 c. If the proprietor fails to respond to all requests made under subd. 1., an agent
17of the department of natural resources may apply for, obtain, and execute a special
18inspection warrant under s. 66.0119. The department shall give the proprietor
19reasonable advance notice of its intent to apply for the warrant.
AB322-ASA1,10,2220 3. Any employee or representative of the department may make the requests
21under subd. 1., enter or inspect property under subd. 2. a., or execute a warrant under
22subd. 2. c. only during reasonable hours.
AB322-ASA1,11,223 (b) Any employee or representative of the department may exercise the
24authority granted under par. (a) 1. or 3. only during reasonable hours and only after

1the department has provided reasonable advance notice to the proprietor of the
2property involved or to the holder of the water quality certification.
AB322-ASA1,11,63 (c) An employee or representative of the department may not gain access to or
4inspect any records as authorized under par. (a) 3. unless the holder of the water
5quality certification, or the holder's designee, is present or unless the holder of the
6certification waives this requirement.
AB322-ASA1,11,8 7(10) Other requirements. This section does not affect the authority of the
8department to do any of the following:
AB322-ASA1,11,119 (a) Regulate the discharge of dredged or fill material in a nonfederal wetland
10under ss. 59.692, 61.351, 62.231, 87.30, 281.11 to 281.35, 281.41 to 281.47, or 281.49
11to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
AB322-ASA1,11,1312 (b) Issue a water quality certification under rules promulgated under this
13chapter to implement 33 USC 1341 (a).
AB322-ASA1, s. 11 14Section 11. 281.69 (3) (b) 2. of the statutes is amended to read:
AB322-ASA1,11,1615 281.69 (3) (b) 2. The restoration of a wetland, as defined in s. 23.32 (1), if the
16restoration will protect or improve a lake's water quality or its natural ecosystem.
AB322-ASA1, s. 12 17Section 12. 281.98 (1) of the statutes is amended to read:
AB322-ASA1,11,2318 281.98 (1) Except as provided in ss. 281.47 (1) (d), 281.75 (19), and 281.99 (2),
19any person who violates this chapter or any rule promulgated or any plan approval,
20license or, special order, or water quality certification issued under this chapter shall
21forfeit not less than $10 nor more than $5,000 for each violation. Each day of
22continued violation is a separate offense. While an order is suspended, stayed, or
23enjoined, this penalty does not accrue.
AB322-ASA1, s. 13 24Section 13. 299.95 of the statutes is amended to read:
AB322-ASA1,12,16
1299.95 Enforcement; duty of department of justice; expenses. The
2attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
3ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
4approvals and, permits, and water quality certifications of the department, except
5those promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except
6as provided in s. 285.86. The circuit court for Dane county or for any other county
7where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to
8285 and 289 to 295 or this chapter or the rule, special order, license, plan approval
9or, permit, or certification by injunctional and other relief appropriate for
10enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
11or this chapter or the rule, special order, license, plan approval or, permit or
12certification
prohibits in whole or in part any pollution, a violation is considered a
13public nuisance. The department of natural resources may enter into agreements
14with the department of justice to assist with the administration of chs. 281 to 285 and
15289 to 295 and this chapter. Any funds paid to the department of justice under these
16agreements shall be credited to the appropriation account under s. 20.455 (1) (k).
AB322-ASA1, s. 14 17Section 14. Nonstatutory provisions.
AB322-ASA1,12,1818 (1) Temporary process.
AB322-ASA1,12,2019 (a) In this subsection, "existing federal law or interpretation" has the meaning
20given in section 281.36 (1) (b) of the statutes, as created by this act.
AB322-ASA1,12,2421 (b) Except as provided in paragraph (c), no person may discharge dredged or
22fill material into a nonfederal wetland before the date on which the rules required
23under section 281.36 (6) of the statutes, as created by this act, are effective unless
24one of the following applies:
AB322-ASA1,13,3
11. The person demonstrates to the satisfaction of the department of natural
2resources that the discharge would qualify for an exemption under existing federal
3law or interpretation.
AB322-ASA1,13,5 42. The person receives a water quality certification issued under section 281.36
5of the statutes, as created by this act.
AB322-ASA1,13,8 63. The person demonstrates to the satisfaction of the department of natural
7resources that the discharge is exempt from the water quality standards for wetlands
8set under rules promulgated under section 281.15 of the statutes.
AB322-ASA1,13,109 (c) This subsection does not apply after the date on which the rules required
10under section 281.36 (6) of the statutes, as created by this act, are effective.
AB322-ASA1,13,1511 (2) Rules deadline. The department of natural resources shall submit in
12proposed form the rules required under section 281.36 (6) of the statutes, as created
13by this act, to the legislative council staff under section 227.15 (1) of the statutes no
14later than the first day of the 13th month beginning after the effective date of this
15subsection.
AB322-ASA1, s. 15 16Section 15. Effective dates. This act takes effect on the day after publication,
17except as follows:
AB322-ASA1,13,1918 (1) The treatment of section 23.321 (2) of the statutes takes effect on August
191, 2001, or on the day after publication, whichever is later.
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