AB426,133,3
12. Hydrologic functions including the maintenance of dry season streamflow,
2the discharge of groundwater to a wetland, the recharge of groundwater from a
3wetland to another area, and the flow of groundwater through a wetland.
AB426,133,54 3. Filtration or storage of sediments, nutrients, or toxic substances that would
5otherwise adversely impact the quality of waters of the state.
AB426,133,76 4. Shoreline protection against erosion through the dissipation of wave energy
7and water velocity and anchoring of sediments.
AB426,133,118 5. Habitat for aquatic organisms in the food web including fish, crustaceans,
9mollusks, insects, annelids, and planktonic organisms and the plants and animals
10upon which these aquatic organisms feed and depend upon for their needs in all life
11stages.
AB426,133,1412 6. Habitat for resident and transient wildlife species, including mammals,
13birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel
14corridors, and food.
AB426,133,1615 7. Recreational, cultural, educational, scientific, and natural scenic beauty
16values and uses.
AB426,133,2017 (b) All of the following shall be minimized in order to avoid significant adverse
18impacts for the purpose of maintaining or enhancing the functional values and water
19quality identified under par. (a), and any minimization of the following must be taken
20into account in the department's evaluation of significant adverse impacts:
AB426,133,2121 1. The use of liquids, fill, or other solids or gases.
AB426,133,2222 2. The presence of floating or submerged debris, oil, or other material.
AB426,133,2323 3. The use of materials producing color, odor, taste, or unsightliness.
AB426,133,2524 4. The presence of concentrations or combinations of substances that are toxic
25or harmful to human, animal, or plant life.
AB426,134,3
15. Adverse effects on hydrological conditions necessary to support the biological
2and physical characteristics that are naturally present in wetlands. For purposes
3of this subdivision, the hydrological conditions include of all of the following:
AB426,134,44 a. Water currents and erosion and sedimentation patterns.
AB426,134,55 b. Water temperature variations.
AB426,134,66 c. The chemical, nutrient, and dissolved oxygen regime of the wetland.
AB426,134,77 d. The movement of aquatic fauna.
AB426,134,88 e. The pH of the wetland.
AB426,134,99 f. Water levels or elevations.
AB426,134,1110 6. Adverse effects on existing habitat and populations of animals and
11vegetation found in wetlands.
AB426,134,15 12(6m) Scope of evaluation. For purposes of issuing a water quality certification
13under sub. (4) or (5), the department shall evaluate whether an activity will result
14in a significant adverse impact to the functional values and water quality associated
15with a wetland by doing all of the following:
AB426,134,1916 (a) Comparing the functional values and water quality of the wetland with
17other wetlands located within the boundaries of the mining site or within the same
18water management unit as the mining site and with other waters of the state that
19are located in the same water management unit.
AB426,134,2120 (b) Taking into consideration the floristic province in which the mining site is
21located.
AB426,134,24 22(7) Approval by department; nonfederal wetlands. The department shall
23issue a water quality certification under this section for a nonfederal wetland, if the
24department determines all of the following:
AB426,135,2
1(a) All practicable measures will be taken to minimize the adverse impacts to
2wetlands.
AB426,135,43 (b) Any significant adverse impacts to functional values and water quality that
4remain are offset through a compensation or mitigation program under sub. (8).
AB426,135,7 5(8) Compensation and mitigation program. (a) Contents. A compensation and
6mitigation program to offset significant adverse impacts to functional values and
7water quality of wetlands shall contain all of the following:
AB426,135,118 1. Proposed projects for compensation or mitigation and a schedule for
9implementing the projects. The projects may include riparian restoration projects.
10These projects may be performed by a person other than the applicant, subject to the
11department's approval of the projects and schedule.
AB426,135,1312 2. If the program is applicable to a federal wetland, all federal compensatory
13mitigation requirements associated with the federal wetland application.
AB426,135,1514 (b) Option of applicant. An applicant submitting a program under par. (a) may
15submit proposals for compensation or mitigation or any combination thereof.
AB426,135,1916 (c) Ratios for mitigation. The amount of mitigation required may not exceed
171.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of
18credits in a mitigation bank, each acre that is subject to mitigation shall count as at
19least one credit.
AB426,135,2520 (d) Sequence. If it is not practicable or ecologically preferable to conduct
21compensation or mitigation at an on-site location or if there is no on-site location
22that will provide sufficient wetland acreage, the department shall allow the
23applicant to conduct compensation or mitigation at a site other than an on-site
24location. Compensation or mitigation shall be accomplished through the following
25options:
AB426,136,4
11. Implementation of a project for compensation or mitigation. Projects for
2compensation at a site other than an on-site location may include projects to protect
3upland groundwater recharge areas, shoreline stabilization projects, and riparian
4restoration projects.
AB426,136,65 2. Purchase of credits from a mitigation bank for a site in a mitigation bank that
6is located anywhere in the state.
AB426,136,107 3. Purchase of mitigation credits from a mitigation bank established prior to
8February 1, 2002, if the department determines that the bank sponsor is in
9compliance with any applicable memorandum of understanding between the bank
10sponsor and the department.
AB426,136,13 11(9) Mining permit. Any water quality certification issued by the department,
12including all of the conditions imposed as part of the certification, shall be included
13in the mining permit.
AB426,136,23 14(10) Conservation easements. (a) A person who is the holder of a water quality
15certification that authorizes mitigation to be implemented by the holder of the
16certification at an on-site location shall grant a conservation easement under s.
17700.40 to the department to ensure that the wetland that is subject to the mitigation
18will not be destroyed or substantially degraded by any subsequent proprietor of or
19holder of interest in the property on which the wetland is located. The department
20shall suspend the mining permit if the holder of the permit fails to grant the
21easement within the time limit set forth in the mining permit. If the holder
22subsequently grants the conservation easement to the department, the department
23shall reinstate the mining permit.
AB426,136,2524 (b) Notwithstanding par. (a), the department shall modify or release a
25conservation easement granted under par. (a) if all of the following apply:
AB426,137,2
11. The department determines that part or all of the wetland subject to the
2mitigation ceases to be a wetland.
AB426,137,43 2. The person who is required to grant the conservation easement did not
4contribute to the loss of the wetland as specified in subd. 1.
AB426,137,75 3. Any subsequent proprietor of or holder of interest in the property on which
6the wetland specified in subd. 1. is located did not contribute to the loss of the
7wetland.
AB426,137,11 8(11) Exemptions. (a) Artificial wetlands. All of the following artificial wetlands
9that are associated with a mining operation are exempt from the water quality
10certification provisions and compensation and mitigation provisions under this
11section and under any other statute or rule relating to impacts on wetlands:
AB426,137,1412 1. An artificial wetland that is a sedimentation or stormwater detention basin
13or associated conveyance feature operated and maintained only for sediment
14detention and flood storage purposes.
AB426,137,1615 2. An artificial wetland that is an active sewage lagoon, cooling pond, waste
16disposal pit, fish rearing pond, or landscape pond.
AB426,137,1817 3. An artificial wetland that is actively maintained farm drainage and roadside
18ditches.
AB426,137,1919 4. An artificial wetland as part of an active mining operation.
AB426,137,2420 (c) Other exempted activities. For nonfederal wetlands, all of the following
21activities that are associated with a mining operation or bulk sampling are exempt
22from the water quality provisions and compensation and mitigation provisions under
23this section and any other law relating to impact on wetlands if the applicant
24minimizes any adverse effect on the environment as a result of the activities:
AB426,138,2
11. Maintenance, emergency repair, or reconstruction of damaged parts of
2structures that are in use in a wetland.
AB426,138,33 2. Construction or maintenance of irrigation or drainage ditches.
AB426,138,64 3. Construction or maintenance of farm roads, forest roads, or temporary
5mining roads that is performed in accordance with best management practices, as
6determined by the department.
AB426,138,8 7(12) Relationship to other laws. None of the following apply to a mining
8operation or bulk sampling:
AB426,138,109 (a) Sections 281.36 and 281.37, except as otherwise specifically provided in this
10section.
AB426,138,1311 (b) Any rule promulgated by the department relating to wetlands that conflicts
12with this section, except that no rule promulgated by the department under s. 281.36
13or 281.37 applies to a mining operation or bulk sampling.
AB426,138,16 14295.605 Impacts to navigable waters. (1) Definition. In this section,
15"navigable water activity" means an activity for which a permit or contract is
16required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.
AB426,138,19 17(2) Permit or contract required. No person may engage in any navigable
18water activity associated with bulk sampling or mining unless the person has been
19issued a permit or entered into a contract as provided under sub. (4).
AB426,138,22 20(3) Application; riparian status. (a) Any person who intends to engage in a
21navigable water activity associated with bulk sampling or mining need not be a
22riparian owner to do any of the following:
AB426,138,2423 1. Apply for and be issued an individual permit for a navigable water activity
24under s. 30.12, 30.123, 30.19, or 30.195.
AB426,138,2525 1m. Enter into a contract under s. 30.20.
AB426,139,2
12. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195,
2or 30.20.
AB426,139,43 3. Seek authorization under a general permit issued under s. 30.12, 30.123,
430.19, or 30.20.
AB426,139,85 (b) If a person is applying for more than one permit or contract for a navigable
6water activity associated with bulk sampling or mining, the person may file a single
7application. The application shall include any information requested by the
8department under s. 295.45 (3).
AB426,139,11 9(4) Requirements. (a) Generally. The department shall issue a permit, or enter
10into a contract, for a navigable water activity if the navigable water activity meets
11all of the following requirements:
AB426,139,1312 1. The navigable water activity will not significantly impair public rights and
13interests in a navigable water.
AB426,139,1514 2. The navigable water activity will not significantly reduce the effective flood
15flow capacity of a stream.
AB426,139,1716 3. The navigable water activity will not significantly affect the rights of
17riparian owners or the applicant obtains the consent of the riparian owners.
AB426,139,1818 4. The navigable water activity will not significantly degrade water quality.
AB426,139,2219 (b) Measures. The person applying for the permit or contract shall submit a
20plan to the department containing proposed measures to to meet the requirements
21under par. (a) and a proposed schedule for implementing the measures. The plan
22shall include one or more of the following measures:
AB426,139,2523 1. Measures to offset significant impacts to navigable waters by providing
24public access to, restoring, or enlarging up to 1.5 acres of navigable waters in
25exchange for each acre of navigable waters that is significantly impacted.
AB426,140,1
12. Measures to improve public rights or interests in navigable waters.
AB426,140,22 3. Measures to offset significant impacts to water quality or quantity.
AB426,140,33 4. Measures to enhance flood storage.
AB426,140,44 5. Compensation or mitigation as provided under s. 295.60.
AB426,140,55 6. Conservation measures as provided in s. 295.61.
AB426,140,126 (bn) Plan review; finding. In reviewing the plan, the department may require
7that measures that are in addition to, or in conjunction with, one or more of the
8measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan
9and application, if the department finds that the requirements under par. (a) will be
10met by implementing some or all of the measures contained in the plan, the
11department shall determine which measures shall be required, shall approve a
12schedule for implementation, and shall issue the permit or enter into the contract.
AB426,140,1813 (c) Applicability of requirements. The requirements that are specified in par.
14(a) 1. to 4. are in lieu of any requirements required for permits under ss. 30.12 (3m)
15(c), 30.123 (8) (c), 30.19 (4) (c), and 30.195 (2) (c) and are in lieu of any requirements
16for contracts under s. 30.20 that relate to the state's or public's interests and shall
17be used, in conjunction with the measures required under par. (b), in any evaluation
18by the department pursuant to 33 USC 1341.
AB426,140,21 19(5) Permit conditions. The department may impose conditions in a permit for
20a navigable water activity that it determines to be necessary to ensure that the
21navigable water activities subject to the permit meet the requirements under par. (a).
AB426,140,24 22(6) Relationship to other laws. (a) Chapter 30 and any rules promulgated
23under that chapter apply to any navigable water activity subject to this section to the
24extent that they do not conflict with this section, except as provided in par. (b).
AB426,141,3
1(b) Sections 30.208, 30.209, and 30.2095 and any rules promulgated under
2those sections, do not apply to any navigable water activity that is subject to this
3section.
AB426,141,4 4295.607 Shoreland and floodplain zoning. (a) In this section:
AB426,141,65 1. "Development or construction activity" means a waste site, structure,
6building, fill, or other development or construction activity.
AB426,141,97 2. "Shoreland or floodplain zoning ordinance" means a shoreland or floodplain
8zoning ordinance or regulation adopted under s. 59.692, 61.351, 62.231, 87.30, or
9281.31.
AB426,141,1410 (b) The department may not prohibit a development or construction activity to
11be located in an area that would otherwise be prohibited under a shoreland or
12floodplain zoning ordinance if the development or construction activity is authorized
13by the department as part of a mining operation covered by a mining permit under
14s. 295.58.
AB426,141,2015 (c) A development or construction activity located in an area that would
16otherwise be prohibited under a shoreland or floodplain zoning ordinance does not
17violate the applicable ordinance if the development or construction activity is
18authorized by the department as part of a mining operation covered by a mining
19permit under s. 295.58. No shoreland or floodplain zoning variance is required for
20a development or construction activity located as provided under this paragraph.
AB426,141,22 21295.61 Withdrawals of surface waters and groundwater. (1)
22Definitions. In this section:
AB426,141,2423 (a) "Authorized base level of water loss" has the meaning given in s. 281.35 (1)
24(b).
AB426,142,2
1(b) "Environmentally sound and economically feasible water conservation
2measures" has the meaning given in s. 281.346 (1) (i).
AB426,142,33 (c) "Great Lakes basin" has the meaning given in s. 281.35 (1) (d).
AB426,142,44 (d) "High capacity well" has the meaning given in s. 281.34 (1) (b).
AB426,142,55 (e) "Interbasin diversion" has the meaning given in s. 281.35 (1) (g).
AB426,142,66 (f) "Upper Mississippi River basin" has the meaning given in s. 281.35 (1) (j).
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