SB368-ASA1, s. 54 16Section 54. 281.22 (2m) (a) 2. of the statutes is renumbered 281.36 (12) (d) 1.
17b.
SB368-ASA1, s. 55 18Section 55. 281.22 (2m) (b) of the statutes is renumbered 281.36 (12) (d) 2. and
19amended to read:
SB368-ASA1,11,2220 281.36 (12) (d) 2. If the department promulgates a rule under par. (a) subd. 1.,
21the rule shall contain for a time limit for making determinations under sub. (1)
22decisions on the application.
SB368-ASA1, s. 56 23Section 56. 281.22 (3) of the statutes is renumbered 281.36 (12) (e) and
24amended to read:
SB368-ASA1,12,2
1281.36 (12) (e) Exemptions from fees. Subsections (1), (2) and (2m) Paragraphs
2(a), (b), (c), and (d)
do not apply to any federal agency or state agency.
SB368-ASA1, s. 57 3Section 57. 281.22 (4) of the statutes is repealed.
SB368-ASA1, s. 58 4Section 58. 281.36 (title) of the statutes is repealed and recreated to read:
SB368-ASA1,12,5 5281.36 (title) Permits for discharges into wetlands; mitigation.
SB368-ASA1, s. 59 6Section 59. 281.36 (1) (am) of the statutes is repealed.
SB368-ASA1, s. 60 7Section 60. 281.36 (1) (bd) of the statutes is created to read:
SB368-ASA1,12,98 281.36 (1) (bd) "Fill material" has the meaning given in 33 CFR 323.2 (e), as
9the meaning exists on the effective date of this paragraph .... [LRB inserts date].
SB368-ASA1, s. 61 10Section 61. 281.36 (1) (bg) of the statutes is repealed.
SB368-ASA1, s. 62 11Section 62. 281.36 (1) (bj) of the statutes is created to read:
SB368-ASA1,12,1312 281.36 (1) (bj) "Mitigation" means the restoration, enhancement, creation, or
13preservation of wetlands to compensate for adverse impacts to other wetlands.
SB368-ASA1, s. 63 14Section 63. 281.36 (1) (c) and (cm) of the statutes are repealed.
SB368-ASA1, s. 64 15Section 64. 281.36 (1) (cp) of the statutes is created to read:
SB368-ASA1,12,1916 281.36 (1) (cp) "Practicable" means reasonably available and capable of being
17implemented after taking into consideration cost, site availability, available
18technology, logistics, and proximity to the proposed project site, in light of the overall
19purpose and scope of the project.
SB368-ASA1, s. 65 20Section 65. 281.36 (1) (cr) of the statutes is repealed.
SB368-ASA1, s. 66 21Section 66. 281.36 (1m) of the statutes is repealed.
SB368-ASA1, s. 67 22Section 67. 281.36 (2) (title) of the statutes is repealed.
SB368-ASA1, s. 68 23Section 68. 281.36 (2) (a) of the statutes is renumbered 281.36 (3b) (b) and
24amended to read:
SB368-ASA1,13,10
1281.36 (3b) (b) No person may discharge dredged material or fill material into
2a nonfederal wetland unless the discharge is authorized by a water quality
3certification
wetland general permit or individual permit issued by the department
4under this section or the discharge is exempt under sub. (4). No person may violate
5any condition imposed by the department in a water quality certification contained
6in a wetland general or individual permit issued by the department
under this
7section. The department may not issue a water quality certification wetland general
8or individual permit
under this section unless it determines that the discharge
9authorized pursuant to the wetland general or individual permit will comply with all
10applicable water quality standards.
SB368-ASA1, s. 69 11Section 69. 281.36 (2) (b) of the statutes is repealed.
SB368-ASA1, s. 70 12Section 70. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended
13to read:
SB368-ASA1,14,514 281.36 (2m) Delineation procedures. For purposes of delineating the
15boundary of a nonfederal wetland, the department and the person who is applying
16for or who holds a water quality certification under this section shall use
under this
17section,
the procedures contained in the wetlands delineation manual published by
18the U.S. army corps of engineers shall be used. The edition of the manual that shall
19be used shall be the 1987 edition of the manual and any document that the U.S. army
20corps of engineers issues interpreting that manual, unless the U.S. army corps of
21engineers publishes an edition of the manual after January 9, 2001, and the
22department by rule designates that edition as the one to be used under this
23subsection. If the U.S. army corps of engineers issues a guidance document
24interpreting the edition of the wetlands delineation manual that the department is
25required to use under this subsection and if that guidance document is issued after

1May 8, 2001, the department shall notify the appropriate standing committee of each
2house of the legislature, as determined by the speaker of the assembly and the
3president of the senate, of the issuance of the guidance document and whether the
4department intends to promulgate a rule incorporating the provisions of the
5guidance document.
SB368-ASA1, s. 71 6Section 71. 281.36 (3b) (title) of the statutes is created to read:
SB368-ASA1,14,77 281.36 (3b) (title) Permit required.
SB368-ASA1, s. 72 8Section 72. 281.36 (3b) (a) of the statutes is created to read:
SB368-ASA1,14,119 281.36 (3b) (a) For purposes of this section, a wetland general or individual
10permit issued by the department constitutes water quality certification as required
11by 33 USC 1341 (a).
SB368-ASA1, s. 73 12Section 73. 281.36 (3g) (title) of the statutes is created to read:
SB368-ASA1,14,1313 281.36 (3g) (title) Wetland general permits.
SB368-ASA1, s. 74 14Section 74. 281.36 (3g) (a) of the statutes is created to read:
SB368-ASA1,14,1615 281.36 (3g) (a) Required permits. The department shall issue a wetland
16general permit for each of the following types of discharges:
SB368-ASA1,14,1917 1. A discharge that is necessary for the treatment or disposal of hazardous
18waste or toxic pollutants, if the discharge does not contain hazardous waste or toxic
19pollutants and does not affect more than 2 acres of wetland.
SB368-ASA1,14,2120 2. A discharge that is necessary for temporary access and dewatering, if the
21discharge does not affect more than 2 acres of wetland.
SB368-ASA1,14,2322 3. A temporary or permanent discharge for routine utility construction and
23maintenance projects and activities.
SB368-ASA1,15,224 4. A discharge that is part of a development for industrial purposes, if the
25discharge does not affect more than 10,000 square feet of wetland. For purposes of

1this subdivision, the development of a waste disposal site is considered to be a
2development for industrial purposes.
SB368-ASA1,15,43 5. A discharge that is part of a development for commercial purposes, if the
4discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,65 6. A discharge that is part of a development for residential purposes, if the
6discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,87 7. A discharge that is part of a development for agricultural purposes, if the
8discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,109 8. A discharge that is part of a development for municipal purposes, if the
10discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,1211 9. A discharge that is part of a development for recreational purposes, if the
12discharge does not affect more than 10,000 square feet of wetland.
SB368-ASA1,15,1613 10. A discharge that is necessary for the construction, reconstruction, or
14maintenance of a bridge or culvert that is part of a transportation project that is
15being carried out under the direction and supervision of a city, village, town, or
16county.
SB368-ASA1, s. 75 17Section 75. 281.36 (3g) (c) of the statutes is created to read:
SB368-ASA1,15,2018 281.36 (3g) (c) Additional permits. The department may issue wetland general
19permits, in addition to those required under pars. (a) and (b), to regulate other
20discharges that affect wetlands located in this state.
SB368-ASA1, s. 76 21Section 76. 281.36 (3g) (d) of the statutes is created to read:
SB368-ASA1,16,322 281.36 (3g) (d) Requirements; conditions; restrictions. In issuing wetland
23general permits under this subsection, the department shall establish requirements,
24conditions, and exceptions to ensure that the discharges will cause only minimal
25adverse environmental effects, and a general permit may apply only to a single and

1complete project. As part of a general permit, the department may prohibit
2discharges into wetlands that are identified by the department as being one of the
3following:
SB368-ASA1,16,44 1. Great Lakes ridge and swale complexes.
SB368-ASA1,16,55 2. Interdunal wetlands.
SB368-ASA1,16,66 3. Coastal plain marshes.
SB368-ASA1,16,77 4. Emergent marshes containing wild rice.
SB368-ASA1,16,108 5m. Sphagnum bogs that are located in the area located south of a horizontal
9line drawn across the state based on the routes of STH 16 and STH 21 west of Lake
10Winnebago and on USH 151 east of Lake Winnebago.
SB368-ASA1,16,1111 6. Boreal rich fens.
SB368-ASA1,16,1212 7. Calcareous fens.
SB368-ASA1, s. 77 13Section 77. 281.36 (3g) (e) of the statutes is created to read:
SB368-ASA1,16,1714 281.36 (3g) (e) Period of validity; subsequent actions. A wetland general permit
15issued under this subsection is valid for a period of 5 years. Upon compliance with
16the requirements under pars. (f) to (g), the department may renew, modify, or revoke
17a wetland general permit issued under this subsection.
SB368-ASA1, s. 78 18Section 78. 281.36 (3g) (f) of the statutes is created to read:
SB368-ASA1,16,2219 281.36 (3g) (f) Public notice. The department shall provide to interested
20members of the public notices of its intention to issue, renew, modify, or revoke a
21wetland general permit under this subsection. Procedures for providing public
22notices shall include all of the following:
SB368-ASA1,16,2323 1. Publication of a class 1 notice under ch. 985.
SB368-ASA1,16,2524 2. Providing a copy of the notice to any person or group upon request of the
25person or group.
SB368-ASA1,17,1
13. Publication of the notice on the department's Internet Web site.
SB368-ASA1, s. 79 2Section 79. 281.36 (3g) (fg) of the statutes is created to read:
SB368-ASA1,17,63 281.36 (3g) (fg) Date of notice. For the purpose of determining the date on
4which public notice is provided under this subsection, the date on which the
5department first publishes the notice on its Internet Web site shall be considered the
6date of public notice.
SB368-ASA1, s. 80 7Section 80. 281.36 (3g) (fm) of the statutes is created to read:
SB368-ASA1,17,138 281.36 (3g) (fm) Written comments. The department shall provide a period of
9not less than 30 days after the date of the public notice during which time interested
10persons may submit their written comments on the department's intention to issue,
11renew, modify, or revoke a wetland general permit under this subsection. All written
12comments submitted during the period for comment shall be retained by the
13department and considered by the department in acting on the general permit.
SB368-ASA1, s. 81 14Section 81. 281.36 (3g) (fr) of the statutes is created to read:
SB368-ASA1,17,1715 281.36 (3g) (fr) Description in notice. Every public notice provided by the
16department under par. (f) shall include a description of the discharges to be
17authorized under the wetland general permit.
SB368-ASA1, s. 82 18Section 82. 281.36 (3g) (g) of the statutes is created to read:
SB368-ASA1,17,2519 281.36 (3g) (g) Public informational hearing. 1. The department shall provide
20an opportunity for any interested state agency or federal agency or person or group
21of persons to request a public informational hearing with respect to the department's
22intention to issue, renew, modify, or revoke a wetland general permit under this
23subsection. The request for the hearing shall be filed with the department within 30
24days after the provision of the public notice under par. (f) and shall indicate the
25interest of the party filing the request and the reasons why the hearing is warranted.
SB368-ASA1,18,4
12. The department shall hold a public informational hearing upon a request
2under subd. 1. if the department determines that there is a significant public interest
3in holding such a hearing. Hearings held under this subsection are not contested
4cases under s. 227.01 (3).
SB368-ASA1,18,115 3. Public notice of any hearing held under this subsection shall be circulated
6in accordance with the requirements under par. (f). The public notice shall include
7the time, date, and location of the hearing, a summary of the subject matter of the
8wetland general permit, and information indicating where additional information
9about the general permit may be viewed on the department's Internet Web site. The
10summary shall contain a brief, precise, easily understandable, plain language
11description of the subject matter of the general permit.
SB368-ASA1, s. 83 12Section 83. 281.36 (3g) (h) of the statutes is created to read:
SB368-ASA1,19,413 281.36 (3g) (h) Authorizations for discharges under wetland general permits.
141. A person wishing to proceed with a discharge that may be authorized under a
15wetland general permit shall apply to the department, with written notification of
16the person's wish to proceed, not less than 30 days before commencing the discharge
17authorized by the general permit unless subd. 4. applies. The application shall
18provide information describing the discharge in order to allow the department to
19determine whether the discharge is authorized by the wetland general permit and
20shall give the department consent to enter and inspect the site, subject to sub. (9).
21The application shall identify all activities affecting wetlands that will be conducted
22as part of the single and complete project. The application shall include a detailed
23explanation of why the impact to the wetland cannot be avoided and how the impact
24to the wetland will be minimized to the greatest extent practicable. The application
25shall be accompanied by the fee specified in sub. (12) (a). If the application is for

1authorization to proceed under a wetland general permit that is issued under sub.
2(3g) (a) 4., 5., or 6., the application shall be accompanied by a surcharge fee, as
3calculated under sub. (11). The department may make a request for additional
4information one time during this 30-day period.
SB368-ASA1,19,115 2. If, within 30 days after an application under subd. 1. is received by the
6department, the department does not either request additional information or
7inform the applicant that a wetland individual permit will be required as provided
8in par. (i), the discharge shall be considered to be authorized under the wetland
9general permit and the applicant may proceed without further notice, hearing,
10permit, or approval if the discharge is carried out in compliance with all of the
11conditions of the general permit.
SB368-ASA1,19,1712 2m. If adverse weather conditions prevent the department from conducting an
13accurate on-site inspection during this 30-day period specified in subd. 1., the
14department shall give notice to the person wishing to proceed with the discharge that
15adverse weather conditions will prevent the department from complying with the
1630-day deadline and shall complete the inspection as soon as weather conditions
17permit.
SB368-ASA1,19,2118 3. If the department requests additional information under subd. 1., the
1930-day period is tolled from the date the person applying for authorization to proceed
20receives the request until the date on which the department receives all of the
21additional information.
SB368-ASA1,20,222 4. As part of a wetland general permit issued under par. (b) or (c), the
23department may waive the requirement that a person wishing to proceed under the
24general permit apply to the department as required under this paragraph so that the

1person may proceed with the discharge without specific authorization from the
2department.
SB368-ASA1,20,53 5. Authorization to proceed under a wetland general permit is valid for 5 years
4after the date on which the discharge is considered to be authorized or until the
5discharge is completed, whichever occurs first.
SB368-ASA1, s. 84 6Section 84. 281.36 (3g) (i) of the statutes is created to read:
SB368-ASA1,20,147 281.36 (3g) (i) Wetland individual permit in lieu of wetland general permit. For
8a proposed discharge for which an application has been received by the department
9under par. (h), the department may decide to require that a person who submitted
10the application apply for a wetland individual permit if the department has
11inspected the site as provided in par. (h) and has determined that conditions specific
12to the site require additional restrictions on the discharge in order to provide
13reasonable assurance that no significant adverse impacts to wetland functional
14values will occur.
SB368-ASA1, s. 85 15Section 85. 281.36 (3m) of the statutes is created to read:
SB368-ASA1,21,216 281.36 (3m) Wetland individual permits. (a) When permit required. Any
17person wishing to proceed with a discharge into any wetland shall submit an
18application for a wetland individual permit under this subsection unless the
19discharge has been authorized under a wetland general permit as provided in sub.
20(3g) or is exempt under sub. (4). The department shall hold a preapplication meeting
21with the potential applicants to discuss the details of the proposed discharge and the
22requirements for submitting the application and for delineating the wetland. As part
23of the preapplication meeting, the department shall identify and establish the scope
24of the analysis of practicable alternatives that will be required. An applicant may
25include in the application a request for a public informational hearing. The

1application shall be accompanied by the applicable fee specified in sub. (11) or (12)
2(a).
SB368-ASA1,21,83 (b) Analysis of practicable alternatives. An applicant shall include in an
4application submitted under par. (a) a proposed analysis explaining the practicable
5alternatives that were considered to first avoid and then minimize the adverse
6impacts of the discharge on wetland functional values and that will not result in any
7other significant adverse environmental consequences. The application shall also
8include a description of the proposed mitigation method as required under sub. (3r).
SB368-ASA1,21,169 (c) Review; no additional information required. In issuing wetland individual
10permits under this section, the department shall review an application, and within
1130 days after the application is submitted, the department shall determine that
12either the application is complete or that additional information is needed. If the
13department determines that the application is complete, the department shall notify
14the applicant in writing of that fact within the 30-day period, and the date on which
15the notice under this paragraph is sent shall be considered the date of closure for
16purposes of par. (g) 1.
SB368-ASA1,22,317 (d) Additional information requested. If the department determines that the
18application is incomplete, the department shall notify the applicant in writing and
19may make only one request for additional information during the 30-day period
20specified in par. (c). Within 10 days after receiving all of the requested information
21from the applicant, the department shall notify the applicant in writing as to
22whether the application is complete. The date on which the 2nd notice under this
23paragraph is sent shall be set as the date of closure for purposes of par. (g) 1. The
24department may request additional information from the applicant to supplement
25the application, but the department may not request items of information that are

1outside the scope of the original request unless the applicant and the department
2both agree. A request for any such additional information may not affect the date
3of closure.
SB368-ASA1,22,74 (e) Specificity of notice; limits on information. Any notice stating that an
5application has been determined to be incomplete or any other request for
6information that is sent under par. (d) shall state the reason for the determination
7or request and the specific items of information that are still needed.
SB368-ASA1,22,118 (f) Failure to meet time limits. If the department fails to meet the 30-day time
9limit under par. (c) or 10-day time limit under par. (d), the application shall be
10considered to have a date of closure that is the last day of that 30-day or 10-day time
11period for purposes of par. (g) 1.
SB368-ASA1,22,1612 (g) Notice of application. 1. Within 15 days after the date of closure, as
13determined under par. (c) or (d), the department shall provide notice of pending
14application to interested members of the public. If the applicant has requested a
15public informational hearing as part of the submitted application, a notice of the
16public hearing shall be part of the notice of pending application.
SB368-ASA1,22,2117 2. If the notice of pending application does not contain a notice of public
18informational hearing, any person may request a public informational hearing in
19writing or the department may decide to hold a public informational hearing with
20or without a request being submitted if the department determines that there is a
21significant public interest in holding a hearing.
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