Amendment SA1-SB320

LRBa1069/1

EHS:jld

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 320

October 12, 2017 - Offered by Senators Wanggaard and Cowles.

SB320-SA1,1,1 At the locations indicated, amend the bill as follows:

SB320-SA1,1,2 1. Page 3, line 5: delete lines 5 to 8 and substitute:

SB320-SA1,1,6 “281.36 (4m) Exemption; artificial wetlands. (a) In this subsection, “artificial wetland” means a landscape feature where hydrophytic vegetation may be present as a result of human modification to the landscape or hydrology and for which there is no prior wetland or stream history but does not include any of the following:”.

SB320-SA1,1,7 2. Page 3, line 9: delete that line.

SB320-SA1,1,8 3. Page 3, line 11: after that line insert:

SB320-SA1,1,9 “3. A wetland created as a result of a mitigation requirement under sub. (3r).”.

SB320-SA1,1,10 4. Page 3, line 12: delete lines 12 and 13 and substitute:

SB320-SA1,1,12 “(b) Subject to par. (c), the permitting requirement under sub. (3b) does not apply to any discharge into an artificial wetland.".

SB320-SA1,2,1 5. Page 3, line 13: after that line insert:

SB320-SA1,2,8 “(c) 1. A person who proposes a project that may affect an artificial wetland shall notify the department no fewer than 15 working days before initiating the project. The notice may include evidence that the landscape feature is an artificial wetland, such as a statement issued by a professional who has investigated the wetland and who is qualified to give such an opinion. The department shall publish information on its Internet site describing the types of evidence needed for the department to issue its determination.

SB320-SA1,2,12 2. The department shall issue a determination as to whether the landscape feature is an artificial wetland within 15 working days after receiving notification of the proposed project under subd. 1. unless the department notifies the person that one of the following conditions applies:

SB320-SA1,2,14 a. The department does not have sufficient information about the parcel of land to determine whether it contains an artificial wetland.

SB320-SA1,2,18 b. The department determines that the landscape feature is providing significant functions that either protect adjacent or downstream property or infrastructure from flooding or significantly improve the water quality of adjacent or downstream water body.

SB320-SA1,3,3 3. If, within 15 working days after the notification under subd. 1. is delivered to the department, the department notifies the person that subd. 2. a. applies, the person shall cooperate with the department's efforts to obtain information about the relevant parcel of land and may only proceed with the project upon notification that the department has determined the landscape feature to be an artificial wetland. If, within 15 working days after the notification is delivered to the department, the department notifies the person that subd. 2. b. applies, the person may not proceed with the project unless authorized by, or otherwise exempted from, a wetland general or individual permit under this section.”.

SB320-SA1,3,4 (End)