AB640,13 25Section 13. 234.91 (2) (b) of the statutes is amended to read:
AB640,7,4
1234.91 (2) (b) The loan is made to finance the acquisition of agricultural assets
2or the cost of improvements to facilities or land. The agricultural assets must be
3acquired, and the improvements must be made, for agricultural or aquacultural
4purposes.
AB640,14 5Section 14. 281.16 (1) (b) of the statutes is amended to read:
AB640,7,126 281.16 (1) (b) "Agricultural practice" means aquaculture; beekeeping;
7commercial feedlots; dairying; egg production; floriculture; fish or fur farming;
8grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and
9seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal
10programs in return for payments in kind; owning land, at least 35 acres of which is
11enrolled in the conservation reserve program under 16 USC 3831 to 3836; and
12vegetable raising.
AB640,15 13Section 15. 281.346 (2) (bm) of the statutes is created to read:
AB640,7,1814 281.346 (2) (bm) Subsequent withdrawals for aquacultural purposes. If a fish
15farm withdraws water and places it in an aquacultural pond that is registered with
16the department of agriculture, trade and consumer protection, any subsequent
17withdrawal of that water from that pond is not a withdrawal for the purposes of this
18section.
AB640,16 19Section 16. 281.36 (3g) (a) 7. of the statutes is amended to read:
AB640,7,2220 281.36 (3g) (a) 7. A discharge that is part of a development for agricultural or
21aquacultural
purposes, if the discharge does not affect more than 10,000 square feet
22of wetland.
AB640,17 23Section 17. 281.36 (3m) (b) of the statutes is renumbered 281.36 (3m) (b) 1.
24and amended to read:
AB640,8,5
1281.36 (3m) (b) 1. An Subject to subd. 2., an applicant shall include in an
2application submitted under par. (a) an analysis of the practicable alternatives that
3will avoid and minimize the adverse impacts of the discharge on wetland functional
4values and that will not result in any other significant adverse environmental
5consequences.
AB640,18 6Section 18. 281.36 (3m) (b) 2. of the statutes is created to read:
AB640,8,97 281.36 (3m) (b) 2. If an application submitted under par. (a) is for a permit
8authorizing a discharge from a fish farm, the applicant is not required to provide an
9analysis of practicable alternatives.
AB640,19 10Section 19. 281.36 (3n) (a) of the statutes is amended to read:
AB640,8,2311 281.36 (3n) (a) Review limits. For the purpose of issuing a wetland individual
12permit, during the period between the date on which the application under sub. (3m)
13(a) is submitted and the date on which a decision under sub. (3m) (i) is rendered, the
14department shall conduct its review under this subsection. The department shall
15review the analysis of practicable alternatives presented in the application under
16sub. (3m) (b). The department shall limit its review to those practicable alternatives
17that are located at the site of the discharge and that are located adjacent to that site
18if the applicant has demonstrated that the proposed project causing the discharge
19will result in a demonstrable economic public benefit, that the proposed project is
20necessary for the expansion of an existing industrial, commercial, or agricultural, or
21aquacultural
facility that is in existence at the time the application is submitted, or
22that the proposed project will occur in an industrial park that is in existence at the
23time the application is submitted.
AB640,20 24Section 20. 281.36 (3n) (bm) of the statutes is created to read:
AB640,9,5
1281.36 (3n) (bm) If, in determining whether to issue a wetland individual
2permit under sub. (3m) or under rules promulgated by the department to implement
333 USC 1341 (a), the department considers whether proposed activities are water or
4wetland dependent, the department shall consider the activities of constructing and
5operating a fish farm to be water or wetland dependent.
AB640,21 6Section 21. 281.36 (3r) (bm) of the statutes is created to read:
AB640,9,107 281.36 (3r) (bm) Under the mitigation program, in determining whether
8mitigation as specified in par. (a) 3. has been accomplished by a fish farm, the
9department shall consider wetlands created in the ordinary course of the facility's
10operation.
AB640,22 11Section 22. 281.36 (4) (am) of the statutes is created to read:
AB640,9,1312 281.36 (4) (am) Normal aquaculture activities, if the discharge is to a wetland
13created for aquacultural purposes.
AB640,23 14Section 23. 281.36 (4) (c) of the statutes is amended to read:
AB640,9,1615 281.36 (4) (c) Construction or maintenance of farm ponds, stock ponds, or ponds
16used in fish farms
, or irrigation ditches.
AB640,24 17Section 24. 281.36 (4) (e) (intro.) of the statutes is amended to read:
AB640,9,2118 281.36 (4) (e) (intro.) Construction or maintenance of farm roads, roads used
19in fish farms,
forest roads, or temporary mining roads that is performed in
20accordance with best management practices, as determined by the department, to
21ensure all of the following:
AB640,25 22Section 25. 283.15 (4m) of the statutes is created to read:
AB640,9,2523 283.15 (4m) Variances for fish farms. In deciding whether to grant an
24application for a variance for a fish farm, the secretary shall rely on the same
25guidance documents and other information that would be used by the federal

1environmental protection agency to review and approve or disapprove the variance
2as required under 40 CFR 131.14.
AB640,26 3Section 26. 283.31 (3) (intro.) of the statutes is amended to read:
AB640,10,74 283.31 (3) (intro.) The department may issue a permit under this section for
5the discharge of any pollutant, or combination of pollutants, other than those
6prohibited under sub. (2), upon condition that such discharges will meet all the
7following, whenever applicable, subject to sub. (5m):
AB640,27 8Section 27. 283.31 (4) (intro.) of the statutes is amended to read:
AB640,10,119 283.31 (4) (intro.) The department shall prescribe conditions for permits issued
10under this section to assure compliance with the requirements of sub. (3). Such
11additional conditions shall include at least the following, subject to sub. (5m):
AB640,28 12Section 28. 283.31 (5m) of the statutes is amended to read:
AB640,10,2213 283.31 (5m) Permits for certain concentrated aquatic animal production
14facilities.
The department shall include the requirements of 40 CFR 451.11 in
15permits issued under this section for concentrated aquatic animal production
16facilities described in 40 CFR 451.10 requirements that are based on, and are not
17more stringent than, the requirements in 40 CFR 451.11
fish farms. The department
18may not include additional conditions in a permit for a fish farm except as necessary
19for the farm to meet the applicable limitations, standards, and other provisions
20described in sub. (3) (a) to (f). Any conditions included in a permit issued under this
21section for a fish farm shall be limited to site-specific best management practices to
22the greatest extent allowed under federal law.
AB640,29 23Section 29. 348.27 (18) (a) 1. e. of the statutes is created to read:
AB640,10,2424 348.27 (18) (a) 1. e. Fish or minnows.
AB640,30 25Section 30. 348.27 (18) (c) of the statutes is amended to read:
AB640,11,5
1348.27 (18) (c) A permit under this subsection is valid only for the
2transportation of agricultural products to a farm or from a field or farm to a storage
3facility on the grower's farmer's owned or leased land, a facility for initial storage
4that is not on the grower's farmer's owned or leased land, or a facility for initial
5processing.
AB640,11,66 (End)
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