LRBa1218/1
EHS&MCP:amn&jld
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 177
September 13, 2017 - Offered by Senator Wanggaard.
SB177-SA1,1,11 At the locations indicated, amend the bill as follows:
SB177-SA1,1,3 21. Page 6, line 9: delete the material beginning with that line and ending with
3page 7, line 2, and substitute:
SB177-SA1,1,5 4 Section 3m. 87.30 (1m) of the statutes is renumbered 87.30 (1m) (ag), and
587.30 (1m) (ag) (intro.), 1. and 2., as renumbered, are amended to read:
SB177-SA1,1,96 87.30 (1m) (ag) (intro.) Notwithstanding any other provision of law or
7administrative rule promulgated thereunder, a floodplain zoning ordinance required
8under sub. (1) does not apply to lands adjacent to farm drainage ditches if all of the
9following apply
:
SB177-SA1,1,1110 1. Such lands are not within the floodplain of a natural navigable stream or
11river;.
SB177-SA1,1,1312 2. Those parts of the drainage ditches adjacent to these lands were
13nonnavigable streams before ditching; and.
SB177-SA1,4m
1Section 4m. 87.30 (1m) (am) of the statutes is created to read:
SB177-SA1,2,72 87.30 (1m) (am) Notwithstanding any other provision of law or administrative
3rule promulgated thereunder, a floodplain zoning ordinance required under sub. (1)
4does not apply to lands adjacent to farm drainage ditches if all of the following apply,
5except to the extent necessary for the municipality to which the floodplain zoning
6ordinance applies to maintain eligibility for participation in the National Flood
7Insurance Program:
SB177-SA1,2,98 1. The farm drainage ditch is subject to the jurisdiction of a drainage district
9under ch. 88.
SB177-SA1,2,1110 2. The disposal of material in a floodplain is within the drainage district
11corridor under s. 88.74.
SB177-SA1,2,1312 3. The lands adjacent to the corridor are maintained in nonstructural
13agricultural use or other nonstructural use.”.
SB177-SA1,2,14 142. Page 19, line 10: after that line insert:
SB177-SA1,2,15 15 Section 33m. 283.33 (1) (intro.) of the statutes is amended to read:
SB177-SA1,2,1716 283.33 (1) Requirement. (intro.) An Except as provided in sub. (1m), an owner
17or operator shall obtain a permit under this section for any of the following:
SB177-SA1,33p 18Section 33p. 283.33 (1m) of the statutes is created to read:
SB177-SA1,2,2019 283.33 (1m) Exemptions; limitation on local permitting. (a) An owner or
20operator is not required to obtain a permit under this section for any of the following:
SB177-SA1,2,2321 1. A discharge of storm water associated with planting, growing, cultivating,
22or harvesting crops for use or consumption by humans, livestock, as defined in s.
2395.80 (1) (b), or poultry, including sod farms and tree nurseries.
SB177-SA1,3,2
12. A discharge of storm water associated with pasturing or yarding livestock,
2as defined in s. 95.80 (1) (b), or poultry.
SB177-SA1,3,53 3. A discharge of storm water from land containing dredged material removed
4from a drainage district ditch, if the land is adjacent to the ditch from which the
5dredged material was removed.
SB177-SA1,3,76 4. Any other discharge of storm water exempted by the department by rule from
7obtaining a permit under this section.
SB177-SA1,3,108 (b) A political subdivision may not require an owner or operator to obtain a
9permit from the political subdivision for any discharge described under par. (a) 1. to
104. In this paragraph, “political subdivision” means a city, village, town, or county.
SB177-SA1,3,1311 (c) The exemptions under par. (a) and the prohibition under par. (b) do not apply
12to the construction of barns, manure storage facilities, barnyard runoff control
13systems, or other similar structures.”.
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