AB463: Bill Text

The bill also creates requirements for giving public notice of pending applications and informational hearings.

7. The bill requires that mitigation be performed under each wetland individual permit that DNR issues, and removes the restriction that mitigation may not be considered in issuing permits for discharges into ASNRI wetlands or into ASNRI in general. Mitigation may be accomplished by completing a mitigation project within the same watershed or within one-half mile of the discharge site or by participating in the in lieu fee subprogram, if DNR establishes such a subprogram. The bill authorizes DNR to create the in lieu fee subprogram, in consultation with ACE. Under the subprogram, payments would be made to DNR or another entity for the purposes of improving or preserving wetlands or other water resource features. Under the subprogram, a wetland that benefits from the subprogram must be open to the public for hunting, fishing, trapping, cross-country skiing, and hiking. The in lieu fee subprogram must be consistent with federal regulations that apply to such a subprogram.

8. The bill increases the fee for a wetland individual permit. The bill also creates a fee for an application to proceed under a wetland general permit. Under current law, there is no such application fee to proceed under a general water quality certification.

9. The bill creates a surcharge that applies to certain applications to proceed under wetland general permits. These surcharge fees are to be used to create and restore wetlands and are subject to the public-access requirement for hunting and other activities as described above.

Other provisions

The bill makes changes relating to fees paid by persons submitting applications for individual permits to place structures or conduct other activities in or near navigable waters. Under current law, the amount of the fee for a permit relating to navigable waters is based on the estimated time DNR will spend reviewing and investigating the application and making determinations on the application. For an application to proceed under a general permit, there is no fee. This bill imposes a set fee for both types of applications.

The bill authorizes DNR to charge fees for identifying ordinary high-water marks, for making determinations of navigability, and for other determinations related to issuing permits for structures and activities in navigable waters.

Finally, the bill eliminates the requirement under current law that DNR review wetland maps and the accompanying fee.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB463, s. 1 Section 1. 20.370 (4) (bi) of the statutes is amended to read:

AB463,7,7 20.370 (4) (bi) Water regulation and zoning — fees. From the general fund, all moneys received under ss. 23.32 (3), 23.321, 30.28, 31.39, and 281.22 281.36 (12) for activities relating to permits, contracts, authorizations, and other approvals issued under s. 281.36 and chs. 30 and 31, for activities relating to water quality standards under subch. II of ch. 281, and for wetland mapping under s. 23.32 and wetlands services under s. 23.321.

AB463, s. 2 Section 2. 20.370 (4) (bm) of the statutes is created to read:

AB463,7,13 20.370 (4) (bm) Wetland restoration — fees; payments. From the general fund, all moneys received as surcharge fees under s. 281.36 (11) and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for the restoration or creation of wetlands and for any other activities authorized under the in lieu fee subprogram.

AB463, s. 3 Section 3. 23.321 (title) of the statutes is amended to read:

AB463,7,15 23.321 (title) Wetland map review, identification, and confirmation.

AB463, s. 4 Section 4. 23.321 (1) (title) of the statutes is created to read:

AB463,7,17 23.321 (1) (title) Definition.

AB463, s. 5 Section 5. 23.321 (2) (title) of the statutes is created to read:

AB463,7,19 23.321 (2) (title) Types of services.

AB463, s. 6 Section 6. 23.321 (2) (a) of the statutes is repealed.

AB463, s. 7 Section 7. 23.321 (2m) (title) of the statutes is created to read:

AB463,8,1 23.321 (2m) (title) Memorandum of agreement.

AB463, s. 8 Section 8. 23.321 (3) (title) of the statutes is created to read:

AB463,8,3 23.321 (3) (title) Fees; generally.

AB463, s. 9 Section 9. 23.321 (3) (a) of the statutes is repealed.

AB463, s. 10 Section 10. 23.321 (3m) of the statutes is created to read:

AB463,8,8 23.321 (3m) Fees; expedited service. The department may charge a supplemental fee for a type of service under sub. (2) that is in addition to the fee charged under sub. (3) if all of the following apply:

AB463,8,11 (a) The applicant requests in writing that the service be provided within a time period that is shorter than the time limit specified under sub. (4) for that type of service.

AB463,8,12 (b) The department verifies that it will be able to comply with the request.

AB463, s. 11 Section 11. 23.321 (4) (title) of the statutes is created to read:

AB463,8,14 23.321 (4) (title) Time limits.

AB463, s. 12 Section 12. 23.321 (4) (a) 1. of the statutes is repealed.

AB463, s. 13 Section 13. 23.321 (5) (title) of the statutes is created to read:

AB463,8,17 23.321 (5) (title) Length of validity.

AB463, s. 14 Section 14. 23.321 (6) (title) of the statutes is created to read:

AB463,8,19 23.321 (6) (title) Included on maps.

AB463, s. 15 Section 15. 30.025 (1b) (b) of the statutes is amended to read:

AB463,9,2 30.025 (1b) (b) "Permit" means an individual permit, a general permit, an approval, or a contract required under this subchapter or subch. II, a permit or an approval required under ch. 31, a storm water discharge permit required under s. 283.33 (1) (a), or a water quality certification wetland general permit or wetland individual permit required under s. 281.36 or under rules promulgated under subch. II of ch. 281 to implement 33 USC 1341 (a).

AB463, s. 16 Section 16. 30.03 (4) (a) of the statutes is amended to read:

AB463,9,16 30.03 (4) (a) If the department learns of a possible violation of s. 281.36 or of the statutes relating to navigable waters or a possible infringement of the public rights relating to navigable waters, and the department determines that the public interest may not be adequately served by imposition of a penalty or forfeiture, the department may proceed as provided in this paragraph, either in lieu of or in addition to any other relief provided by law. The department may order a hearing under ch. 227 concerning the possible violation or infringement, and may request the hearing examiner to issue an order directing the responsible parties to perform or refrain from performing acts in order to comply with s. 281.36 or to fully protect the interests of the public in the navigable waters. If any person fails or neglects to obey an order, the department may request the attorney general to institute proceedings for the enforcement of the department's order in the name of the state. The proceedings shall be brought in the manner and with the effect of proceedings under s. 111.07 (7).

AB463, s. 17 Section 17. 30.2022 (2) of the statutes is amended to read:

AB463,9,24 30.2022 (2) The exemption under sub. (1) does not apply unless the activity is accomplished in accordance with interdepartmental liaison procedures established by the department and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity. If the activity affects a wetland, as defined in s. 23.32 (1), the department of transportation shall conduct any required mitigation either by complying with the interdepartmental liaison procedures and any applicable interagency agreement on mitigation banks that is approved by the department of natural resources or by using any of the methods specified in s. 281.36 (3r) (a) 1. to 3.

AB463, s. 18 Section 18. 30.207 (7) (a) of the statutes is amended to read:

AB463,10,11 30.207 (7) (a) At least 15 days before beginning the activity that is authorized by a general permit under this section the person who wishes to conduct the activity shall submit a notice to the department and shall pay the fee specified in s. 30.28 (2) (b) 2 (1) (d). The notice shall describe the activity, state the name of the person that will be conducting the activity and state the site where the activity will be conducted. The notice shall also contain a statement signed by the person conducting the activity that the person will act in conformance with the standards contained in the general permit.

AB463, s. 19 Section 19. 30.28 (title) of the statutes is amended to read:

AB463,10,14 30.28 (title) Fees for permits, other approvals, and determinations and hearings.

AB463, s. 20 Section 20. 30.28 (1) of the statutes is renumbered 30.28 (1) (intro.) and amended to read:

AB463,10,24 30.28 (1) (intro.) The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 30.10 to 30.205, 30.207 and 30.21 to 30.27 reviewing, investigating, and making decisions on determinations and on whether to issue or grant permits, contracts, authorizations, or other approvals under this subchapter. The permit or approval required fee shall accompany the permit application, notice or request for approval or other submitted documentation. The department shall set each type of fee in the amount that is necessary to meet the costs incurred by the department except as follows:

AB463, s. 21 Section 21. 30.28 (1) (a) of the statutes is created to read:

AB463,11,2 30.28 (1) (a) For an individual permit issued under s. 30.208, the application fee shall be $600.

AB463, s. 22 Section 22. 30.28 (1) (b) of the statutes is created to read:

AB463,11,5 30.28 (1) (b) For authorization to proceed under a general permit issued under s. 30.206, the application fee shall be $300.

AB463, s. 23 Section 23. 30.28 (1m) of the statutes is created to read:

AB463,11,9 30.28 (1m) Additional fees. (a) In addition to the fees required under sub. (1), the department may set and charge fees for making any of the following determinations:

AB463,11,10 1. An identification of an ordinary high-water mark.

AB463,11,11 2. A determination of navigability.

AB463,11,14 3. Any other determination that is necessary for reviewing, investigating, or making a decision on applications for permits, contracts, authorizations, or other approvals under this chapter.

AB463,11,16 (b) The department shall set each fee authorized under this subsection in the amount that is necessary to meet the costs incurred by the department.

AB463, s. 24 Section 24. 30.28 (2) (title) of the statutes is repealed.

AB463, s. 25 Section 25. 30.28 (2) (a) (intro.) of the statutes is repealed.

AB463, s. 26 Section 26. 30.28 (2) (a) 1. of the statutes is repealed.

AB463, s. 27 Section 27. 30.28 (2) (a) 2. of the statutes is repealed.

AB463, s. 28 Section 28. 30.28 (2) (a) 3. of the statutes is repealed.

AB463, s. 29 Section 29. 30.28 (2) (b) 1. of the statutes is renumbered 30.28 (1) (c).

AB463, s. 30 Section 30. 30.28 (2) (b) 2. of the statutes is renumbered 30.28 (1) (d).

AB463, s. 31 Section 31. 30.28 (2m) (a) of the statutes is amended to read:

AB463,12,6 30.28 (2m) (a) The department shall refund a permit or approval fee charged under sub. (1) (a) if the applicant requests a refund before the department determines that the application for the permit or approval is complete. Except as provided in par. (am), the department may not refund a permit or approval fee after the department determines that the application is complete unless required to do so under a rule promulgated under s. 299.05.

AB463, s. 32 Section 32. 30.28 (2m) (am) of the statutes is amended to read:

AB463,12,10 30.28 (2m) (am) The department shall refund 50% of the fee specified in sub. (2) (b) 1. (1) (c) if the department denies an application for a general permit under s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).

AB463, s. 33 Section 33. 30.28 (2m) (b) of the statutes is amended to read:

AB463,12,16 30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or submits a notice under s. 30.207 (7) a person applies for a permit or otherwise seeks authorization or gives notice for a project or activity after the project or activity is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.

AB463, s. 34 Section 34. 30.28 (2m) (c) of the statutes is repealed.

AB463, s. 35 Section 35. 30.28 (2m) (d) of the statutes is amended to read:

AB463,12,23 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub. (2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) (1) or (1m) only if the increase is necessary to meet the costs incurred by the department in acting on general permits or on notices submitted under s. 30.207 performing the activities for which the fee is charged.

AB463, s. 36 Section 36. 30.28 (2r) (a) (intro.) of the statutes is amended to read:

AB463,13,3 30.28 (2r) (a) (intro.) The department, by rule, may charge a supplemental fee for a permit or, contract, authorization, other approval, or determination that is in addition to the fee charged under this section if all of the following apply:

AB463, s. 37 Section 37. 30.28 (2r) (a) 1. of the statutes is amended to read:

AB463,13,8 30.28 (2r) (a) 1. The applicant requests in writing that the permit or, approval authorization, or determination be issued or the contract be granted within a time period that is shorter than the time limit under the rule promulgated under par. (b) for that type of permit or, contract, authorization, approval, or determination.

AB463, s. 38 Section 38. 30.28 (2r) (b) of the statutes is amended to read:

AB463,13,13 30.28 (2r) (b) If the department promulgates a rule under par. (a), the rule shall contain a time limit for each type of permit or, contract, authorization, approval classified under sub. (2) (a) for determining whether the department will grant the permit or approval, or determination.

AB463, s. 39 Section 39. 31.39 (2m) (c) of the statutes is repealed.

AB463, s. 40 Section 40. 227.01 (13) (ru) of the statutes is created to read:

AB463,13,16 227.01 (13) (ru) Is a wetland general permit issued under s. 281.36 (3g).

AB463, s. 41 Section 41. 281.165 (4) (a) 1m. of the statutes, as created by 2011 Wisconsin Act 6, is amended to read:

AB463,13,21 281.165 (4) (a) 1m. The wetland area is a nonfederal wetland,as defined in s. 281.36 (1) (c) not subject to federal jurisdiction under 33 USC 1344, and the activity will affect less than 3 acres of that wetland area.

AB463, s. 42 Section 42. 281.17 (10) (c) of the statutes is created to read:

AB463,13,24 281.17 (10) (c) This subsection does not apply to discharges into wetlands that are subject to regulation under s. 281.36.