Amendment SSA1-SB361

LRBs0285/2

MGG:kmg:kjf

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 361

January 29, 2002 - Offered by Committee on Environmental Resources.

SB361-SSA1,1,3 An Act to repeal 281.37 (3) (g); to amend 281.37 (2) (d); and to create 281.37 (3c) and 281.37 (3g) of the statutes; relating to: the amount of compensatory mitigation required for wetland mitigation projects.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB361-SSA1, s. 1 Section 1. 281.37 (2) (d) of the statutes, as affected by 2001 Wisconsin Act 6, is amended to read:

SB361-SSA1,2,2 281.37 (2) (d) If the department determines that the conditions of a permit or other authorization issued by the U.S. Army Corps of Engineers for an activity that affects a wetland do not meet the requirements of any guidelines established in the memorandum of agreement under sub. (4), the department may impose additional conditions to ensure that the requirements are met. The In calculating the amount of compensatory mitigation required under this section, the department may not require that the acreage of a mitigation project considered under par. (a) exceed the acreage that is required for the project under the guidelines established in the memorandum of agreement under sub. (4).

SB361-SSA1, s. 2 Section 2. 281.37 (3) (g) of the statutes, as affected by 2001 Wisconsin Act 6, is repealed.

SB361-SSA1, s. 3 Section 3. 281.37 (3c) of the statutes is created to read:

SB361-SSA1,2,10 281.37 (3c) Amount of compensatory mitigation required. (a) Except as provided in sub. (3g), in approving a mitigation project, the department shall determine the amount of compensatory mitigation required by using a compensation ratio of at least 1.5 acres of compensation for each acre of adversely affected wetlands.

SB361-SSA1,2,14 (b) For purposes of this subsection and sub. (3g), the rules promulgated by the department under this section shall include a rule defining or otherwise specifying the criteria to be used in determining what qualifies for the compensation ratios under par. (a) and sub. (3g).

SB361-SSA1, s. 4 Section 4. 281.37 (3g) of the statutes is created to read:

SB361-SSA1,2,19 281.37 (3g) Amount of compensatory mitigation required; exception. The department shall determine the required amount of compensatory mitigation for a mitigation project by using a compensation ratio of at least one acre of compensation for each acre of adversely affected wetlands if all of the following apply:

SB361-SSA1,2,21 (a) Credits from a mitigation bank that has been approved by the department are being used for the mitigation project.

SB361-SSA1,2,23 (b) The permitted activity for which the mitigation project is being authorized will not impact any of the following:

SB361-SSA1,2,24 1. A deep marsh.

SB361-SSA1,2,25 2. A ridge and swale complex.

SB361-SSA1,3,2 3. A wet prairie that is not dominated by reed canary grass to the exclusion of a significant population of native species.

SB361-SSA1,3,3 4. An ephemeral pond in a wooded area.

SB361-SSA1,3,6 5. A sedge meadow or fresh wet meadow that is not dominated by reed canary grass to the exclusion of a significant population of native species and that is located south of USH 10.

SB361-SSA1,3,7 6. A bog located south of USH 10.

SB361-SSA1,3,8 7. A hardwood or conifer swamp located south of USH 10.

SB361-SSA1,3,9 8. A cedar swamp located north of USH 10.

SB361-SSA1,3,10 (End)