AB547-ASA3,9,1817 23.321 (1) (am) “Nonfederal wetland” has the meaning given in s. 281.36 (1)
18(br).
AB547-ASA3,7 19Section 7 . 23.321 (2) (d) of the statutes is created to read:
AB547-ASA3,9,2220 23.321 (2) (d) 1. In this paragraph, “qualified 3rd person” means an individual
21who has completed basic and advanced wetland training and has a minimum of one
22year of field experience in wetland delineation.
AB547-ASA3,9,2523 2. A wetland confirmation that consists of a written statement, based upon the
24department's review of the boundaries of a wetland as delineated by a qualified 3rd
25person and not based upon an on-site inspection of the land by the department, of

1whether the department concurs with the delineation. The delineation prepared by
2the qualified 3rd person shall include the exact location and boundaries of the
3wetland. The department shall concur with the boundaries of a wetland delineated
4by a qualified 3rd person unless the department determines that the location and
5boundaries of the wetland identified in the delineation are not accurate based on
6maps, aerial photographs, surveys, wetland delineations, or hydrophitic soil
7conditions. If the department concurs with the boundaries of a wetland delineated
8by a qualified 3rd person, the department's statement under this paragraph shall
9also include the exact location and boundaries of the wetland. A wetland
10confirmation under this paragraph is available only with respect to a nonfederal
11wetland.
AB547-ASA3,8 12Section 8 . 23.321 (4) (a) 3. of the statutes is amended to read:
AB547-ASA3,10,1513 23.321 (4) (a) 3. Provide a wetland confirmation not later than 60 days after
14a person files a request, in the manner and form required by the department, for a
15wetland confirmation under sub. (2) (c).
AB547-ASA3,9 16Section 9 . 23.321 (4) (a) 4. of the statutes is created to read:
AB547-ASA3,10,1917 23.321 (4) (a) 4. Provide a wetland confirmation not later than 15 days after
18a person files a request, in the manner and form required by the department, for a
19wetland confirmation under sub. (2) (d).
AB547-ASA3,10 20Section 10 . 23.321 (5) of the statutes is renumbered 23.321 (5) (a) and
21amended to read:
AB547-ASA3,10,2522 23.321 (5) (a) A Except as provided in par. (b), a wetland identification
23provided by the department under sub. (2) (b) and a wetland confirmation provided
24by the department under sub. (2) (c) remain effective for 5 years from the date
25provided by the department.
AB547-ASA3,11
1Section 11. 23.321 (5) (b) of the statutes is created to read:
AB547-ASA3,11,52 23.321 (5) (b) 1. A wetland identification provided by the department under
3sub. (2) (b) and a wetland confirmation provided by the department under sub. (2)
4(c) or (d) remain effective for 15 years from the date provided by the department if
5all of the following conditions are met:
AB547-ASA3,11,66 a. The wetland is a nonfederal wetland.
AB547-ASA3,11,97 b. The parcel of land is subject to a storm water management zoning ordinance
8enacted under s. 59.693, 60.627, 61.354, or 62.234 or a storm water discharge permit
9issued under s. 283.33.
AB547-ASA3,11,1210 2. The department may not invalidate or amend an existing wetland
11delineation, or require a new wetland delineation, for a parcel to which subd. 1.
12applies until the wetland identification or confirmation expires.
AB547-ASA3,12 13Section 12 . 281.12 (2) of the statutes is created to read:
AB547-ASA3,11,2014 281.12 (2) The department, on behalf of and at the direction of the governor,
15may submit an application to the federal environmental protection agency under 33
16USC 1344
(g) seeking the delegation of authority to this state to administer its own
17individual and general permit program for the discharge of dredged or fill material
18into the navigable waters of this state. If the federal environmental protection
19agency delegates this authority to this state, the department may assume that
20authority.
AB547-ASA3,13 21Section 13. 281.36 (3b) (b) of the statutes, as affected by 2017 Wisconsin Acts
2258
and 115, is amended to read:
AB547-ASA3,12,623 281.36 (3b) (b) No person may discharge dredged material or fill material into
24a wetland unless the discharge is authorized by a wetland general permit or
25individual permit issued by the department under this section or the discharge is

1exempt under sub. (4), (4m) (a), (4n), or (4r). No person may violate any condition
2contained in a wetland general or individual permit issued by the department under
3this section. The department may not issue a wetland general or individual permit
4under this section unless it determines that the discharge authorized pursuant to the
5wetland general or individual permit will comply with all applicable water quality
6standards.
AB547-ASA3,14 7Section 14. 281.36 (3m) (a) of the statutes, as affected by 2017 Wisconsin Acts
858
and 115, is amended to read:
AB547-ASA3,12,189 281.36 (3m) (a) When permit required. Any person wishing to proceed with a
10discharge into any wetland shall submit an application for a wetland individual
11permit under this subsection unless the discharge has been authorized under a
12wetland general permit as provided in sub. (3g) or is exempt under sub. (4), (4m) (a),
13(4n)
, or (4r). Before submitting the application, the department shall hold a meeting
14with the applicant to discuss the details of the proposed discharge and the
15requirements for submitting the application and for delineating the wetland. An
16applicant may include in the application a request for a public informational hearing.
17The application shall be accompanied by the applicable fee specified in sub. (11) or
18(12) (a).
AB547-ASA3,15 19Section 15 . 281.36 (3n) (d) 1. of the statutes, as affected by 2017 Wisconsin Act
20118
, is amended to read:
AB547-ASA3,13,221 281.36 (3n) (d) 1. Except as provided in subd. 2., the department shall require
22mitigation under the program established under sub. (3r) for wetland individual
23permits it issues under this subsection and for a discharge that is exempt from
24permitting requirements under sub. (4n) (b) that affects more than 10,000 square
25feet of wetland or under sub. (4n) (c) that affects more than 1.5 acres of wetland
. This

1subsection does not entitle an applicant to a wetland individual permit or any other
2approval in exchange for conducting mitigation.
AB547-ASA3,16 3Section 16 . 281.36 (3r) (a) (intro.) of the statutes is amended to read:
AB547-ASA3,13,114 281.36 (3r) (a) (intro.) The department shall establish a mitigation program
5that applies only to the issuance of wetland individual permits and that allows and,
6with respect to a discharge that is exempt from permitting requirements under sub.
7(4n) (b) that affects more than 10,000 square feet of wetland or under sub. (4n) (c) that
8affects more than 1.5 acres of wetland, the portion of the affected wetland that
9exceeds 10,000 square feet or 1.5 acres, respectively. Under the mitigation program,
10subject to par. (am), the department shall allow
mitigation to be accomplished by any
11of the following methods:
AB547-ASA3,17 12Section 17 . 281.36 (3r) (a) 4. of the statutes is repealed.
AB547-ASA3,18 13Section 18 . 281.36 (3r) (am) of the statutes is created to read:
AB547-ASA3,13,1814 281.36 (3r) (am) For a discharge that is exempt from permitting requirements
15under sub. (4n) (b) or (c), any off-site mitigation, including any mitigation conducted
16by a mitigation bank or under the in lieu fee subprogram, shall be completed within
17the same compensation search area, as defined by the department by rule, as the
18discharge.
AB547-ASA3,19 19Section 19. 281.36 (3s) of the statutes is repealed.
AB547-ASA3,20 20Section 20 . 281.36 (4) (title) of the statutes is amended to read:
AB547-ASA3,13,2121 281.36 (4) (title) Exemptions ; certain activities.
AB547-ASA3,21 22Section 21 . 281.36 (4n) of the statutes is created to read:
AB547-ASA3,13,2423 281.36 (4n) Exemptions; certain nonfederal wetlands and artificial
24wetlands.
(a) In this subsection:
AB547-ASA3,14,5
11. “Artificial wetland" means a landscape feature where hydrophitic vegetation
2may be present as a result of human modification to the landscape or hydrology and
3for which the department has no definitive evidence showing a prior wetland or
4stream history that existed before August 1, 1991, but does not include any of the
5following:
AB547-ASA3,14,76 a. A wetland that serves as a fish spawning area or a passage to a fish spawning
7area.
AB547-ASA3,14,88 b. A wetland created as a result of a mitigation requirement under sub. (3r).
AB547-ASA3,14,109 2. “Definitive evidence” means documentary evidence such as any of the
10following:
AB547-ASA3,14,1111 a. Maps.
AB547-ASA3,14,1212 b. Aerial photographs.
AB547-ASA3,14,1313 c. Surveys that use a scale of not more than 100 feet per inch.
AB547-ASA3,14,1414 d. Wetland delineations.
AB547-ASA3,14,1715 3. “Rare and high quality wetland” means a wetland that is directly adjacent
16or contiguous to a class I or class II trout stream or that consists of 75 percent or more
17of any of the following wetland types:
AB547-ASA3,14,1818 a. Alder thicket.
AB547-ASA3,14,1919 b. Calcareous fen.
AB547-ASA3,14,2020 c. Coniferous swamp.
AB547-ASA3,14,2121 d. Coniferous bog.
AB547-ASA3,14,2222 e. Floodplain forest.
AB547-ASA3,14,2323 f. Hardwood swamp.
AB547-ASA3,14,2424 g. Interdunal wetland.
AB547-ASA3,14,2525 h. Open bog.
AB547-ASA3,15,1
1i. Ridge and swail complex.
AB547-ASA3,15,22 j. Deep marsh.
AB547-ASA3,15,33 k. Sedge meadow.
AB547-ASA3,15,44 4. “Sewerage system” has the meaning given in s. 281.01 (14).
AB547-ASA3,15,55 5. “Urban area” means any of the following:
AB547-ASA3,15,66 a. An incorporated area.
AB547-ASA3,15,77 b. An area within one-half mile of an incorporated area.
AB547-ASA3,15,88 c. An area in a town that is served by a sewerage system.
AB547-ASA3,15,119 (b) Subject to par. (e), the permitting requirement under sub. (3b) does not
10apply to any discharge into a nonfederal wetland that occurs in an urban area and
11to which all of the following apply:
AB547-ASA3,15,1212 1. The discharge does not affect more than one acre of wetland per parcel.
AB547-ASA3,15,1313 2. The discharge does not affect a rare and high quality wetland.
AB547-ASA3,15,1614 3. The development related to the discharge is carried out in compliance with
15any applicable storm water management zoning ordinance enacted under s. 59.693,
1660.627, 61.354, or 62.234 or storm water discharge permit issued under s. 283.33.
AB547-ASA3,15,1917 (c) Subject to par. (e), the permitting requirement under sub. (3b) does not apply
18to any discharge into a nonfederal wetland that occurs outside an urban area and to
19which all of the following apply:
AB547-ASA3,15,2020 1. The discharge does not affect more than 3 acres of wetland per parcel.
AB547-ASA3,15,2121 2. The discharge does not affect a rare and high quality wetland.
AB547-ASA3,15,2322 3. The development related to the discharge is a structure, such as a building,
23driveway, or road, with an agricultural purpose.
AB547-ASA3,15,2524 (d) Subject to par. (e), the permitting requirement under sub. (3b) does not
25apply to any discharge into an artificial wetland.
AB547-ASA3,16,4
1(e) 1. A person who proposes a project that may affect a wetland or landscape
2feature under par. (b), (c), or (d) shall notify the department no fewer than 15 working
3days before initiating the project. The notice shall include one of the following to
4show that the wetland or landscape feature is eligible for the relevant exemption:
AB547-ASA3,16,65 a. A statement issued by a professional who has investigated the wetland and
6who is qualified to give such an opinion.
AB547-ASA3,16,87 b. A wetland delineation prepared by a qualified professional showing the exact
8location and boundaries of the wetland.
AB547-ASA3,16,139 2. Except as provided in subd. 3., if the department receives the notice and
10information required under subd. 1., the department shall presume that the wetland
11or landscape feature is eligible for the exemption unless the department, within 15
12working days after receiving notification of the proposed project under subd. 1.,
13notifies the person that one of the following conditions applies:
AB547-ASA3,16,1414 a. The eligibility requirements are not met.
AB547-ASA3,16,1615 b. The location and boundaries of the wetland identified in a wetland
16delineation included with the notification under subd. 1. are not accurate.
AB547-ASA3,16,2017 c. With respect to an exemption under par. (d) only, the department determines
18that the landscape feature is providing significant functions that either protect
19adjacent or downstream property or infrastructure from flooding or significantly
20improve the water quality of an adjacent or downstream water body.
AB547-ASA3,17,421 3. If the department receives the notice and information required under subd.
221. but is unable to determine based on that information whether the eligibility
23requirements are met, the department may, within 15 working days after the
24notification under subd. 1., notify the person one time to request additional
25information about the parcel of land. The person shall cooperate with the

1department's efforts to obtain information about the relevant parcel of land and may
2proceed with the project only upon notification that the department has determined
3the landscape feature to be eligible for the exemption based on the definitive
4evidence.
AB547-ASA3,17,85 4. If, within 15 working days after the notification is delivered to the
6department, the department notifies the person that subd. 2. a., b., or c. applies, the
7person may not proceed with the project unless authorized by, or otherwise exempted
8from, a wetland general or individual permit under this section.
AB547-ASA3,22 9Section 22. 281.36 (6) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
10Act 115
, is amended to read:
AB547-ASA3,17,1311 281.36 (6) (a) (intro.) The department shall promulgate rules to interpret and
12implement the provisions under subs. (4), (4n), (4r), and (5). In promulgating these
13rules, the department shall do all of the following:
AB547-ASA3,23 14Section 23. 281.36 (9) (a) (intro.) of the statutes, as affected by 2017 Wisconsin
15Act 115
, is amended to read:
AB547-ASA3,17,2116 281.36 (9) (a) (intro.) For purposes of determining whether to issue a wetland
17individual permit, whether authorization to proceed as authorized under a wetland
18general permit is appropriate, or whether an exemption under sub. (4), (4n), or (4r)
19is appropriate, and for purposes of enforcing this section, any employee or other
20representative of the department, upon presenting his or her credentials, may do any
21of the following:
AB547-ASA3,24 22Section 24 . 281.36 (12m) of the statutes is created to read:
AB547-ASA3,18,523 281.36 (12m) Local regulation of nonfederal or artificial wetlands. A local
24government may not enact an ordinance or adopt a resolution regulating a matter
25regulated under sub. (3n) (d) 1. or (3r) (a) (intro.) or (am), with respect to a discharge

1exempt from permitting requirements under sub. (4n) (b) or (c), or a matter regulated
2under sub. (4n). If a local government has in effect on the effective date of this
3subsection .... [LRB inserts date], an ordinance or resolution regulating nonfederal
4wetlands or artificial wetlands, the ordinance or resolution does not apply and may
5not be enforced.
AB547-ASA3,25 6Section 25 . 281.36 (13m) of the statutes is amended to read:
AB547-ASA3,18,147 281.36 (13m) Report to legislature. No later than January 31, 2003, and no
8later than January 31 of each subsequent odd-numbered year, the department shall
9submit to the legislature under s. 13.172 (2) a report that provides an analysis of the
10impact of the implementation of mitigation on wetland resources and on the issuance
11of permits or other approvals under ss. 59.692, 61.351, 61.353, 62.231, 62.233, 87.30,
12281.11 to 281.47 or 281.49 to 281.85 or ch. 30, 31, 283, 289, 291, 292, 293, 295, or 299.
13The department shall include in its report a discussion of proposals and projects
14under the property development grant program under s. 23.099.
AB547-ASA3,26 15Section 26 . 281.37 of the statutes is created to read:
AB547-ASA3,18,16 16281.37 Wetland mitigation grant program. (1) In this subsection:
AB547-ASA3,18,1917 (a) “Department land” means land owned by or under easement to the state
18that is under the jurisdiction of the department and used for one of the purposes
19specified in s. 23.09 (2) (d).
AB547-ASA3,18,2120 (b) “Mitigation program” means the wetland mitigation grant program
21established under sub. (2).
AB547-ASA3,18,2422 (c) “Nonprofit organization" means an organization that is described in section
23501 (c) (3) of the Internal Revenue Code and that is exempt from federal income tax
24under section 501 (a) of the Internal Revenue Code.
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